Recording Requested by
CITY OF PATTERSON
After Recording Retum to
CITY OF PATTERSON
ATTN: CITY CT,ERK
POST OFFICE BOX 667
l PLAZA
PATTERSON. CA 95363
(Space above this line for recorder's use)
HARVEST SAMOAN ASSEMBLY OF GOD
415 N. First Street. Patterson. CA 95363
APN# 047-032-003
(Resolution Attached)
LANDSCAPE & STORMWATER TREATMENT CONTROL MEASURES
(SCMs) MAINTENANCE & ACCESS AGREEMENT
THIS LANDSCAPf, & STORMWATER TREATMENT CONTROL MEASURES (SCMS) MAINTENANCE & ACCESS AGREEMENT, (he "Agreement") is made and entered into _ day of 2024 (the *Effective Date"). by. and between the Citv of Patterson ("elly"), a Califomia municipal corporation, and Harvest Samoan Assembly ofGod, ("Developer"). City and Developer each are referred to herein separately as "Partv" and collectively as the "Parties". There are no other parties to this Agreement.
RECITAI,S
This Agreement is being entered with reference to the following facts:
A. In accordance with the recommendations of the Planning Commission ("Commission"), the City Council for City ("City Council") approving an application for Conditional Use Permit and Architectural & Site Plan Review #19-05 to develop a church with associated buildings (the "Proiect").
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH-4I5 N. FIRST STREET
Date:12/312024
Page I oflT
)
)
)
)
)
)
)
)
)
)
)
)
C. As a condition ofapproval ofthe Project, Developer has installed, constructed. and agreed to perpetually maintain and repair all stormwater treatment control devices and adequate landscaping on the Subject Property (the "Private ImDrovements"), as shown in more detail in the approved improvement plans, referenced as Exhibit "B". The SCM has been installed in accordance with plans and specifications accepted by the City of Patterson; SCM has been installed on private property and draining into a private owned storm drainage device. Therefore, the SCM installed on-site will be used to treat all stormwater onsite before it enters the public storm drain facilities. The SCMs installed are "private" facilities with all maintenance or replacement to be the sole responsibility ofthe Owner in accordance with the terms of this agreement. Additionally, the Developer agrees to enroll in the City's Fats. Oils, and Grease (F.O.G.) Program. which will require maintenance reports to be submitted to the City on a regular basis and/or upon request ofthe City.
D. The City's approval of the Project was required Developer satisrying certain conditions, which included the obligation to construct cenain improvements on and/or near the Subject Property (the "Civil Public [morovements"), as shown in more detail in the approved improvement plans, referenced as Exhibit "8".
E. As a condition of approval, Developer shall maintain the landscaping for the Onsite lmprovements at the location shown in Exhibit "8" ("Landscape lmnrovements").
F, Recitals C, D and E reference installed and constructed Private Improvements, Public Improvements. Civil Improvements. Off-Site Improvements, and Landscape Improvements. The approved improvement plans associated with f,xhibit "8", attached herein, may change. Upon completion, inspection and final acceptance of the improvements, this agreement shall reference the Final Record Drawings on file with the City of Patterson.
G. City and Developer desire to enter into this Agreement to clearly define the respon sibilities for both Parties with respecl to the Civil Improvements and Stormwater Treatment Conlrol Measures (SCMs). including on-site storm drain inlets. full capture trash screens. etc. and Landscape Plans installed as part ofthe Project (collectively. the "Project Maintenance").
NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH-4I5 N. FIRST STREET
Date: 121312024
Page2oflT
B. The Project is located on parcel located at 415 S. First Street (between Walnut Avenue and Washburn Street) Patterson. Califomia, Stanislaus County Assessor's Parcel Number @QlflQQf (the "Subject Prooerry"), as represented on the Area Map and attached herein as Exhibits "A".
A(;REEM ENT
Section l. Recitals. The Recitals above are true and correct and are hereby incorporated into and made part of this Agreement. In the event of inconsistency between the Recitals and the provisions of Sections I through I l, the provisions of Sections I through I I shall prevail.
Section 2. Exhibits. The following Exhibits are attached to and incorporated into this Agreement:
Exhibit *A"
Exhibit *B"
Exhibit "C"
Area Map
Approved Improvement Plans (Civil and Landscaping)
Operations & Maintenance Plan
Section 3. Developer Responsibilities and Rishts. Develo per shall perform all Project Maintenance, subject to the terms and conditions of this Agreement. Project Maintenance includes the following:
Section 3.1. Permit Required. Delel oper shall obtain a permit and approval from City before establishing any future connections to the City's \.\ater, sewer, and storm systems Section 3.2. Routine Maintenance. Develo per shall routinely and regularly maintain all Onsite Improvements, including the storm drain interceptor, post-construction stormwater treatment control measures (SCMs) installed on the Subject Property, including any vegetated swales, temporary/permanent storm basins, bio filtration area(s), trash capturing devices, etc." and shown on the approved improvement plans, referenced as Exhibit "8". This routine maintenance includes keeping the storm drain interceptor and stormwater treatment control BMPs clean and clear ofdebris and properly maintained. Developer shall participate in and remain in compliance with the Ciry"'s Fats, Oils, and Grease (F.O.G.) Control Program for on-going maintenance (storm/sewer) per Operations & Mainlenance Manual, Exhibit "C". and to the satisfaction of the Public Works Department.
Section 3.3. Landscaoins and Storm Drain ase Svstem. Developer shall plant and maintain all Onsite Improvements including all trees and other landscaping, storm*ater treatment BMPs/control measures/LlD improvements, and or vegetated swales located on the Subject Property and as shown on Exhibit "8". All trees shall be planted, maintained and replaced in accordance with the City's Street Tree Plan and Approved Tree List, per the City's municipal code. f,xhibit Desisnation Exhibit Description
Section 3.4. Assemblv Bill 1881. Developer will own, maintain and replace all landscaping, installed on private property within the Subject Property in accordance with all applicable local and state laws, including the requirements established by Assembly Bill I 881 (Reg. Sess. 2005-2006) C'AB I 88 l") and Chapter 15.48 ofthe City of Patterson Municipal Code. Before changing any landscaping or irrigation system within the Subject Property or at the location of Offsite Public Improvements, Developer shall
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS ACREEMENT HARVEST SAMOAN CHURCH.4I5 N. FIRST STREET
Date:121312024
Page3oflT
submit such proposed changes (the "Proposed Plans") to the City for review and shall not commence such changes until City provides written approval, such approval shall not to be unreasonably withheld, conditioned or delayed. City shall have fifteen ( I 5) days following its receipt of the Proposed Plans to either approve or disapprove the Proposed Plans, in its reasonable discretion, by delivering written notice to Developer of its approval or disapproval of the Proposed Plans ("Approval Notice" or "Disapproval Notice", as applicable). If City disapproves the Proposed Plans, then City shall give specific reasons therefor in the Disapproval Notice, whereupon Developer shall have fifteen (15) days following its receipt of the Disapproval Notice to submit to City revised plans and specifications for the landscaping and/or irrigation system (the "Revised Plans"). City shall have fifteen ( I 5) days following its receipt ofthe Revised Plans to either approve or disapprove the Revised Plans, in its reasonable discretion, by delivering written notice to Developer of its approval or disapproval of the Revised Plans. The foregoing process shall continue until the Proposed Plans (or the Revised Plans) have been finally approved by City in an Approval Notice. If City fails to approve or disapprove the Proposed Plans or Revised Plans, as applicable, within the time period specified above, said plans shall be deemed approved. For any change to the landscaping or irrigation system within the Subject Property Developer shall also complete and submit an AB l88l Audit and Certification to City.
Section 3,5. Backflow Protection Device. In addition to the maintenance and landscaping requirements set forth in Section 3 of this Agreement, Developer shall maintain the backflow protection devices constructed as part of the Improvement Plans as shown on Exhibit "8" in accordance with City standards even ifthe device is located within a public right-of-way.
Section 4,1. City shall own. maintain. repair and replace the water meters, and the water meter boxes for the Project, as it deems necessary.
Section 4.2. City and City's employees, officials, representatives. commissioners. officers. contractors, and members ("City's Agents") have the right to enter the Subject Properry..- from time to time during normal business hours to inspect the water meters, waler meter boxes, fire hydrants, and Project Maintenance to ensure compliance with all applicable maintenance requirements and regulations.
City Agents shallnot unreasonably interfere with Developer's business activities on the Subject Property.
Section 4.3, In the event of an emergency situation or if City reasonably determines that public health, safety or welfare are likely to be harmed, City and City's Agents shall have the right to enter any portion ofthe Subject Property necessary to resolve the issue or abate the danger or emergency.
In such situation, Developer shall provide City and City's Agent's with access to the water meters and water boxes as the City deems necessary for meter reading, maintenance, repair, or replacement.
Section 4,4, City or a qualified third party approved by City will test all backflow devices installed on any of the water meters installed on the Sub-ject Property on an annual basis at a schedule to be reasonably determined by City and Developer, at the sole cost ofDeveloper. Notwithstanding
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH-4I5 N. FIRST STREET
Date:1213/2024
Page4oflT
Section 4. Citv Responsibilitv and Rishts.
the foregoing, Developer shall only be responsible for the actual, documented out-of-pocket cost of any such testing.
Section 4.5, The Parties acknowledge and agree that Citv owns and shall maintain all water, sewer, and storm drain lines within the public rights-of-way adjacent to the Subject Property, including the Civil lmprovements shown in Exhibit B.
Section 5. Term ofAereement. This Agreement is binding upon the Parties, their successors and assigns and the agreements and covenants contained in this Agreement run with the land and with title to the Subject Property. Termination of the Agreement must be mutually a$eed to in writing by the Parties.
Section 6. Default. In the event Developer fails to properly perform Project Maintenance, including but not limited to maintaining, or causing to be maintained, the Offsite Public Improvements and Onsite Improvements and associated landscaping as set forth in Section 3 of this Agreement, beyond any applicable notice and cure period, Developer shall be in default olthis Agreement ("Default"). Upon receipt ofa notice from City, Developer shall have sixty (60) days to cure such failure in accordance with the terms set forth by City (the "Cure Period"). If Developer fails to cure such failure to City's reasonable specifications and parameters, Developer agrees to participate in and not protest the inclusion and annexation of the Subject Property into any appropriate Landscape Maintenance District. Benefit Assessment District, Community Facilities District(s), or any other assessment or financing vehicle City reasonably deems appropriate to provide proper maintenance of the Onsite lmprovements and Offsite Public Improvements.
Section 7. Waiver. City or City's officers, employees, agents, representatives or contractors may inspect or make statements indicating that certain work or materials used to complete construction of the Project Maintenance comply with this Agreement. There may also be acceptance of certain Offsite Public Improvements or payments associated with the Offsite Improvements by City. None of these acts or statements shall relieve Developer of its obligations in this Agreement or serve as a basis or defense against City seeking to bring an action against Developer for any damages arising from the breach of any term or condition ofthis Agreement by Developer.
Section 8. Indemnitv. Developer shall hold harmless, indemnily, and defend City and City's Agents from all liability that may be incurred by City as a result of any injuries to persons or damage to property arising out of or attributable to Developer's Project Maintenance including construction or maintenance ofthe Onsite Improvements and Offsite Public Improvements, except for such liability directly resulting from Citv's negligence or willful misconduct.
Section 9. $11!q. Any notice or communication required hereunder between City and Developer must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (retum receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. lfpersonally delivered, a notice shall be deemed lo have been given when delivered to the Party to whom it is addressed. Ifgiven by facsimile transmission, a
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH-4I5 N. FIRST STREET
Date: 121312024
notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party's facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday. Sunday or holiday shall be deemed to have been given and received on the next normal business day. tfgiven by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of(i) actual receipt by any ofthe addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed. with postage prepaid. is deposited in the United States mail. Ifgiven by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten ( I 0) days written notice to the other Party hereto, designate any other address in substitution ofthe address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH-4I5 N. FIRST STREET
Date:121312024
Page6oflT
If to City:
With courtesy copy to:
and
If to Developer
City of Patterson
ATTN: City Clerk
'l Plaza
City Hall
Patterson. Catifomia 95363
Tel: (209) 895-8000
Fax: (209) 895-8019
City of Patterson
ATTN: City Manager
I Plaza
City Hall
Patterson. Califomia 95363
Tet: (209) 895-8000
Fax: (209) 895-8019
City of Patterson
ATTN: City Attomey
I Plaza
City Hall
Patterson, California 953 63
Tel: (209) 895-8000
Fax: (209) 895-8019
Harvest Samoan Church
ATTN: Pastor Hercules Lofa
Harvest Samoan Assembly of God
PO Box 356
Patterson. CA 95363
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH-4I5 N. FIRST STREET
Date:121312024
PageToflT
Section 10. Heirs. Successors and Assisns. This Agreement shall be recorded and shall apply to all future owners of any portion of the Subject Property. Any subsequent transferee of the Subject Property, or any part thereof, by acceptance ofa deed or conveyance ofthe said property shall be deemed to have consented to and become bound by the terms ofthis Agreement. This Agreement shall be binding on the heirs, successors, and assigns ofthe Parties.
Section 11. General Provisions.
Section I1.1. Modification of Agreemcnt. This Agreement may be supplemented. amended. or modified only by the mutual agreement ofthe Parties. No supplement, amendment, or modification of this Agreement will be binding unless it is in writing and signed by all the Parties. No provisions in either Party's correspondence or other business forms used by either Party will supersede or add to the terms and conditions of this Agreement.
Section 11.2. Entire Aqreement, This Agreement and all other agreements and exhibits referenced in this Agreement constitutes the final. complete. and exclusive statement of the terms of the agreement between the Parties pertaining to the matters pertaining to the Project Maintenance as set forth herein and supersedes all prior and contemporaneous understandings or agreement of the Parties- No Party has been induced to enter into this Agreement by. nor is any Party relying on, any representation or warranty outside those expressly set forth in this Agreement.
Section I1.3. Severabilitr of Apreement. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability ofthe remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.
Section 11.5, Ambisuities. Each Party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Parfy" does not apply in interpreting this Agreement.
Section 11,6. Headings. The headings in this Agreement are included for convenience only.and neither affect the construction or interpretation ofany provision in this Agreement nor affect any ofthe rights or obligations ofthe Parties to this Agreement.
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH-4I 5 N. FIRST STREET
Date: 12/312024
Page8oflT
Section 11.,1. Intentionallv deleted.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement, with the intention of being bound by it. on the Effective Date set forth above, per attached Resolution.
CITY: City of Patterson. a Municipal Corporation of the State of Califomia B-v
F'emando Ulloa, City Manager Date Signed
Approved as to Form:
Nubia Goldstein, C ity Attorney Date Signed
Attest By:
Aracely Alegre. City Clerk Date Signed
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH.4I5 N. FIRST STREET
Date: 12/312024
DEVELOPER: Harvest Samoan Assemblv of God
Byt
Paslor Hercules Lofa. Developer
2l 2{
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH.4I5 N. FIRST STREET
Date:121312024
Page l0 of l7
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is aftached, and not the truthfulness. accuracy, or validity ofthat document.
State of Calitbmia
County of *dni*ts
oJrruatL & ?. zd{.berorc me, N Public. )
personally appeared who proved to me on the basis of
satisfactory evidence to be the p..ron1/*hos. nurn egl islay'subscribed to the within instrument and acknow ledged to me that helsr/ttp executed the same in hiskyit\ft authorized capacity ({. and that by hislhfthh/( signatur# on the instrument the personqr{. or the entity upon behalfofwhich the person{y' acted, executed the instrument.
I certifr under PENALry OF PER URY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Notary Public ISeal]
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH.4I5 N. FIRST STREET
Date:121312024
Page lloflT
@
50Ntl DELSAm rbtr? P!bU. - Olttrrn
Crnmit.lcr a 2a7{to
cocr. glar.., y< Zr. 2t77
)
)
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy, or validity ofthat document.
State of Calilbrnia
County of
On 20_, before me, . Notarv Public,
personallyappeared-,whoprovedtomeonthebasisof
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrumenl and acknowledged to me thal he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument.
I certif under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Norary Public ISeal]
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH.4I5 N. FIRST STREET
Date:121312024
)
)
)
NOTARY ACKNOWLEDGMINT
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness. accuracy. or validity ofthat document.
State of California
County of
,20 . belbre me, Notarv Pr rhlic
personallyappeared-,whoprovedtomeonthebasisof
satisfactory evidence to be the person(s) whose name(s) is/are subscdbed to the within instrument and acknowledged to me thal he/she/they executed the same in his,/her/their authorized capacity(ies), and that by his,trer/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted. executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ISeal]
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH.4l5 N. FIRST STREET
Date:1213/2024
Page l3 oflT
On
Notary Public
)
)
)
)
5 I
-{[i
:: lrrr, I
rr1r: EiLl
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH-4I5 N. FIRST STREET
Date:121312024
EXHIBIT *A"
AREA MAP
EXHIBIT'8"
APPROVED IMPROVEMENT PLANS
APPROVID CML IMPROVEMENT PLANS (APPROVAL DATE: 8-19-2021) 1ST SAMOAN ASSEMBLY OF GOD
415 N, FIRST STREET, PATTERSON, CA
.--.-.-'-_'-,]
c2 lorocR^Plllc Iltrx cJ mr0N0 n oRA[t ct Pura
c5 Erogdr corna Ptxr
:, !,
o
tl
fi
fr
H
co
o
0 3E
.EIr
!t.E
li
ai
a
E
i
o
o
i
ra
o
t
i
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH.4I5 N. FIRST STREET
Date: l2l3/2024
Pagel5oflT
SITE
ffi
t
EXHIBIT *8" (CONTINUED)
APPROVf,D LANDSCAPE PLANS
APPROVED LANDSCAPE IMPROVEMENT PLANS (APPROVAL DATE: 712812021) Harvest Samoan Assembly
415 N. First Street, Patterson, CA w
Landscape lmprovement Plans
ll
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH.4I5 N. FIRST STREET
Date: 12/3/2024
Page l6of l7
EFr.=.1
t
o
l=t
f: -';:)
t--t t.-...,,t \=-----,
U
EXHIBIT *CN
OPERATIONS & MAINTENANCE MANUAL
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT HARVEST SAMOAN CHURCH-4I5 N. FIRST STREET
Date:121312024
Page lTof l7
Exhibit C
Property' Owner Information :
Develo ment Information:
Treatment Control Measures:
List the treatment conlrol measures at the development and their inspection.frequencies (minimum ofonce per year). For each lreatment contol measure, describe condilions lhot require maintenance or repair. Describe preventive maintenance needed to keep lhe lreatment c ont r ol me as ur e e.ffe c t iv e.
Property Owner Name First Samoan Assembly of God, Patterson, A Califomia Corporation
Name ol Contact Person: Pastor Hercules Lofa
Mailing Address: P.O. Box 356
City: Patterson State CA zip: 953 63
Telephone: 562-116-8145 [email protected]
Name of
Development:
First Samoan Assembly of God
Development Address 4l 5 N. First Street
City Patterson State: CA zip:
Assessor Parcel No. 047-032-003
Name of Person or
Organization
Responsible for
Performing
Inspections and
Maintenance of the
Treatment Control
Measures:
Pastor Hercules Lofa
Harvest Samoan Assemblv of God
Mailing Street
Address:
P.O. Box 356
City Patters0n State: CA Zip'.
Telephone 562-3 I 6-81 45 Email: [email protected]
Treatment Control Measure Inspection
Frequency
Describe Conditions that Require
Maintenance/Repair and Describe Routine
Preventative Maintenance
Grassy Swale with
Underdrain
After
Storm
Events
. Inspect vegetated swales for erosion or damage
to vegetation after every storm greater than 0.50
inches. Vegetated swales should be checked for
I
O&M Pldn and Statement of Responsihility
I
I
I
oPERATION & MATNTENANCE (O&M) PLAN
and
STATEM ENT OF RESPONSIBILITY
Email:
95363
953 63
debris and litter and areas of sediment
accumulation.
o Remove sediment and debris from the flow
spreader if it is blocking flows. Repair splash
pads, as needed, to prevent erosion. Check and
relevel the flow spreader if necessary.
o Remove sediment if vegetation growth is
inhibited in more than I 0 percent of the swale
or if sediment is blocking even distribution and
entry of stormwater runoff. Re-plant and/or reseed vegetation, as needed, following sediment removal activities to re-establish vegetation.
o Stabilize slopes with appropriate erosion control
measures if the underlying soils are exposed or
erosion channels are forming.
r Remove trash and debris, as needed, but at least
annually prior to beginning olthe wet season.
. Inspect vegetation lor health and density to
ensure that it is providing sufficient treatment
and protecting the underlying soils from
erosion.
o Eliminate standing water to prevent vector
breeding. lf standing water is observed more
than 72 hours after a storm event, it may be
necessary to till the underlying soils and revegetate. . Inspect and repair il necessary. check dams that
are causing altered water flow and/or
chan-nelization. Remove obstructions as
needed.
. Inspect and clean if necessary. the underdrain
pipe and catch basin. Repair or replace
damaged pipes upon discovery.
Crassy Swale with
Underdrain
As
Needed
r Replenish mulch to ensure survival of
vegetation.
o Prune and/or remove vegetation, large shrubs,
or trees that interfere with the operation of the
vegetated swale.
o Mow grass to four to six inches and remove
grass clippings.
o Remove fallen leaves and debris from
deciduous plan foliage.
o Remove invasive. poisonous. nuisance. and
noxious vegetation and replace with climateappropriate vegetation. 2 O&M Plan a d Stalement ol Responsibilit\
I
. Remove dead vegetation if greater than 10
percent of area coverage or when swale
function is impaired. Replace and establish
vegetation before the wet season to maintain
cover density and control erosion where soils
are exposed. It may be necessary to re-grade
eroded areas prior to replacing vegetation.
THIS AGREEMENT is made and entered into in Patterson. Califomia, this _ day of bl and between First Samoan Assembh of God hereinalier referred to as "Owner" and the Stormwater Program;
WHEREAS, the Owner owns real property ("Properry") in the City of Patterson Stormwater Program. State of Califomia, depicted on the attached map. which are attached hereto; WHEREAS, at the time of initial approval of the development project known as E!Ig[ Samoan Assemblv of God u,ithin the Property described Herein. the City of Patterson Stormwater Program required the project to employ on-site control measures to minimize pollutants in urban runoff;
WHEREAS. the Owner has chosen to install the lbllowing treatment control measures Grassy Swale with Underdrain . hereinafter referred to as "facilities". as the on-site control measures to minimize pollutants in urban runoff;
WHEREAS. said facilities have been installed in accordance with the requirements of the Cify of Patterson Stormwater Program Post-Construction Standards Plan and the Owner's plans and specifications Accepted by the City of Patterson Stormwater Program; WHEREAS. said facilities, with installation on private property and draining only private property is. a private facility with all operation. maintenance and replacement, therefore, the sole responsibility of the C)wner in accordance with the terms of Agreement:
WHEREAS. the Owner is aware that periodic and continuous maintenance (as described on page of this O&M Plan). including, but not necessarily limited to. sediment removal. is required to assure peak performance ofthe facilities and that. furthermore, such maintenance activity will require compliance with all Local, State. or Federal laws and regulations. including those STATEMENT OF RESPONS!B!LITY
Jl
O&M Plan and Stdtement o/ Respon.tihilitt
I
pertaining to confined space and waste disposal Methods, in effect at the time such maintenance occursl
NOW THEREDFORE, it is mutually stipulated and agreed as follows Owner hereby provides the City of Patterson Stormwater Program or City of Patterson Stormwater Program's designee complete access, of any duration, to the facilities and its immediate vicinity at any time, upon reasonable notice, or in the event of emergency. as determined by City of Patterson Stormwater Program with no advance notice, for the purpose of inspection. sampling, testing of the facilities, and in case of emergency, to undertake all necessary repairs or other preventative measures at owner's expense as provided in paragraph 3 below. The OwneriOperator shall retain all operation and maintenance records at the facility for City of Patterson Stormwater Program inspection, and a copy shall be provided to the City of Patterson Stormwater Program if requested.
The City of Patterson, Stormwater shall make every effort at all times to minimize or avoid interference with the Owner's use ofthe Property.
2. Owner shall use its best efforts to diligently maintain the facilities in a manner assuring peak performance at all times. All reasonable precautions shall be exercised by Owner and Owner's representative or contractor in the removal and extraction of material(s) from the lacilities and the ultimate disposal ofthe material(s) in a manner consistent with all relevant laws and regulation in effect at the time. When requested from time to time by the City of Patterson Stormwater Program. the Owner shall provide the City of Patterson Stormwater Program with documentation identiffing the material(s) removed. the quantity. and disposal destination.
3. In the event Owner, or its successors or assigns. fails to accomplish the necessary maintenance contemplated by this Agreement, within five (5) days of being given written notice by the City of Patterson Stormwater Program, the City of Patterson Stormwater Program is hereby authorized to cause any maintenance necessary to be done and charge the entire cost and expense to the Owner or Owner's successors or assigns, including administrative costs. attomey fees and interest thereon at the maximum rate authorized by the Municipal Code from the date of the notice of expense until paid in full. and Owner thereby agrees to pay such charge within 30 days of receipt of City of Patterson Stormwater Programs written demand for payment.
4. The City of Patterson Stormwater Program may require the owner to post security in form and fbr a time period satisfactory to the City of Patterson Storm Water Program of guarantee the performance ofthe obligations state herein. Should the Owner fail to perform the obligations under the Agreement. the City of Patterson Stormwater Program may, in the case of a cash bond. act lor the Owner using the proceeds from it. or in the case of surety bond. require the sureties to perform the obligations of the Agreement. As. an additional remedy. the City ofPatterson Stormwater Program may withdraw any previous storm water related approval with respect to the property on which the lacilities have been installed until such time as Owner repays to City of Patterson Stormwater Program its reasonable costs incurred in accordance with paragraph 3 above.
I
O&M Pla and Stdtement of Responsibiliq,
5. The Owner will be sent an annual self-certification form each year by the City of Patterson Stormwater Program to certify that all of the inspection and maintenance have been performed per page I of this O & M Plan and that the facilities are in effective working condition. The Owner has 60 days to complete and retum the annual self-certification form to the City of Patterson Stormwater Program. If the report is not received within the 60- day period, the City of Patterson Stormwater Program will perform the inspection and assessment; and the Owner will be billed for it as described above.
6. In the event of legal action occasioned by any default or action of the Owner, or its successors or assigns. the Owner and its successor od assigns agree (s) to pay all costs incurred by the City of Patterson Stormwater Program in enforcing the terms of this Agreement, including reasonable attomey fees and costs. and that the same shall become a part ofthe lien against said Properfy.
7. It is the intent ol the parties hereto that burdens and benefits herein undertaken shall constitute covenants that run with said Property and constitute a lien there against.
8. The obligation herein undertaken shall be binding upon heirs, successors, executors, administrators and assigns ofthe parties hereto. The term "Owner" shall include not only the present Owner, but also its heirs. successors, executors. administrators and assigns.
Owner shall notily any successors to title ofall or part ofthe Property about the existence ofthis Agreement. Owner shall provide such notice prior to such successors obtaining an interest in all or part ofthe Property. Owner shall provide a copy ofsuch notice to the City of Patterson Stormwater Program at the same time such notice is provided to the successor.
9. Any notice or demand for payment to a party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepared, to addresses listed on Page I of this agreement either for the Owner or the City of Patterson Stormwater Program. Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address only by providing written notice thereof to the other party.
5 O&M Plan and Statcment of Responsihilii
IN WITNESS THEREOF, the parties hereto have aflixed their signatures as of the date first written above.
PROJECT: First Samoan Assemblv of God
By Date
SIGNED BY
6l
O&M Plah and Statement oJ Responsibili\'
+
L! J
=a
a
a
E. (,
Z
t
o
u
LrJ o
z
l
I
F
=
.:
L! J
=a
a
U)
E. o
z
a
u
o
N. tdo
z
l
I
F
c =
o
!
1ST SAMOAN ASSEMBLY OF GOD
APN 047-032-003
415 N. FIRST STREET
PATTERSON, CA
z
u
o
t
L! o
z
:l
I
F
=
LrJ -)
=a
a
a
u. o
z
=u
o
x
Lrl o
z
l
I
F
=
LrJ )
a=
a
a
u(J
a
a
u, ut
4.,
t
ct
v,
ET
v,
t
l
t
w--- w--
SD c
SD SD
I
il"
I
I 8!l l.l