Recording Requested by
CITY OF PATTERSON
After Recording Return to
CITY OF PATTERSON
ATTN: CITY CLERK
POST OFFICE BOX 667
1 PLA7.A
PATTERSON, CA 95363
(Space above this line for recorder's use)
POPEYE'S CHICKEN RESTAURANT
2167 Speny Avenue, Patterson , CA 95363
APN# 021-094-003
(Resolution Attached)
LANDSCAPE & STORMWATER TREATMENT CONTROL MEASURES
(SCMs) MAINTENANCE & ACCESS AGREEMENT
THIS LANDSCAPE & STORMWATER TREATMtrNT CONTROL MEASURNS (SCMs) MAINTENANCE & ACCtrSS AGREEMENT, (the "Asreement") is made and entered into _ day of 2025 (the "Ef&Etive Dgtg"), by and between the Citv of Patterson ("ely"), a Califomia municipal corporation, and Rosana Holdings, LLC, ("Dg!9lpp9l"). City and Developer each are referred Io herein separately as "Eary" and collectively as the "!qfl99". There are no other parties to this Agreement.
RECITALS
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 #21-07 for construction of a2,303 square foot building for a Popeye's Chicken Restaurant (the "ftqjBg!"). )
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LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date:121912024
B. The Project is located on approximately 0.52 acres, located north of Sperry Avenue.
Approximately 500 feet east ofthe intersection with Park Center Drive, at 2167 Speny Avenue, Pattemon, California, Stanislaus County Assessor's Parcel Number 021-094-003 (the "Subject Property"), within the West Patterson Business Park Master Developed Plan and the Westridge Business Park Master Development Plan and is represented on the Area Map and attached herein as Exhibils "'A".
C. According to the Project's Conditions of Approval and the City of Patterson Stormwater Ordinance No. 777, Developer agrees lo install, construct, and to perpetually maintain and repair all stormwater treatment control measures and all landscaping on the Subject Property associated with the 'Approved On-site ImprovementPlans", attached herein as Exhibit "B" and according to the Operations and Maintenance Plan attached herein as Exhibit "C". The SCM shall be installed in accordance with plans and specifications accepted by the City of Patterson 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 on-site 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 lhe lerms ofthis 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 lhe City on a regular basis and/or upon request ofthe City.
D. The City's approval of the Project was conditioned upon Developer satisfying certain conditions, which included the obligation to construct and dedicate to City certain off-site improvements near the Subjecl Property (Ihe "Aooroved Off-site lmorovement Plans"), as shown in more detail in the approved improvement plans, attached herein as Exhibit *8".
E. As a condition of approval, Developer shall maintain the landscaping on the subjecl property (the "Aooroved Landscaoe Improvement Plans" ) attached herein as Exhibit "B".
F. Recitals C, D and E reference installed and constructed On-site Improvements, Off-site Improvements, and Landscape Improvements. The approved improvement plans associated with Exhibit *B", attached herein, may change. Upon completion, inspection and final acceptance ofthe 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 responsibilities for both Parties with respect to the Civil Improvements and Slormwater Treatment Control Measures (SCMs), including on-site storm drain inlets, full capture trash screens, etc. and Landscape Plans installed as part of the 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 POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date:121912024
AGREEMENT
Section 1. Recitals. The Recitals above are true and correct and are hereby incorporated into and made part of this Agreement. ln the event of inconsistency between the Recitals and the provisions of Sections I though I 1, 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 Desienation Erhibit Description
Exhibit "A" Area Map
Exhibit "B" Approved lmprovemenl Plans (Civil and Landscaping) Exhibit "C" Operations & Maintenance Plan
Section 3. Developer Responsibilities and Riqhts. Developer shall perform all Project Maintenance, subject to the terms and conditions of this Agreement. Project Maintenance includes the following:
Section 3.1. Permit Reouired. Developer shall obtain a permit and approval from City before establishing any futue connections Io the City's water, sewer, and storm systems.
Section 3.2. Routine Maintenance, Developer shall routinely and regularly maintain all Onsite Improvements, including the slorm drain interceptor, post-conslruction stormwater treatment control measures (SCMs) installed on the Subject Property, including any vegelated swales, temporary/permanent storm basins, bio filtration area(s), trash capturing devices, etc., and shown on the approved improvement plans, referenced as Exhibit 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 City's Fats, Oils, and Grease (F.O.C.) Control Program for on-going maintenance (storm/sewer) per Operations & Maintenance Manual, Exhibit "C", ard to the satisfaction ofthe Public Works Department.
Section 3.3. Landscapinq and Storm Drainage System. Developer shall plant and maintain all On-site Improvements including all trees and other landscaping, stormwater treatment BMPs/control measures/LlD improvements, and or vegetated swales located on the Subject Property and as shown on Exhibit "B". 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.
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 1881 (Reg. Sess. 2005-2006) (*AB 1881") and Chapter I 5.48 ofthe City of Patterson Municipal Code. Before changing any landscaping or irrigation system within the Subject Property or at the location of Off-site Public Improvements, Developer shall
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 12/912024
submit such proposed changes (the "Prooosed Plans") to the City for review and shall not commence such changes until City provides witten approval, such approval shall not to be unreasonably withheld, conditioned or delayed. City shall have fifteen (15) days following its receipt of the Proposed Plans to either approve or disapprove the Proposed Plans, in ils 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 ( l5) 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 Iandscaping or inigation 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 lmprovement Plans as shown on Exhibit "B" in accordance with City standards even ifthe device is located within a public right-of-way.
Section 4. Citv Resoonsibilitv and Rishts.
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 Subject 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 POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 12/912024
S€ction 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, commissionen, officem. contraclors, and members ("Cily's Aqents") have the right to enler the Subject Property from time to time during normal business hours to inspect the water meters, water meter boxes, lire hydrants, and Project Maintenance to ensure compliance with all applicable maintenance requirements and regulations.
City Agents shall not unreasonably interfere with Developer's business activities on the Subject Property. the foregoing, Developer shall only be responsible for the actual, documented out-of-pocket cost of any such testing.
Section 5. Term ofAgreement. 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 ofthe Agreement must be mutually agreed to in writing by the Parties.
Section 6. Default. In the event Developer fails to properly perform koject Maintenance, including but not limited to maintaining, or causing to be maintained, the Off-site Public Improvements and On-site Improvements and associated landscaping as set forth in Section 3 ofthis Agreement, beyond any applicable notice and cure period, Developer shall be in default ofthis 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 specificalions and pararneters, Developer agrees to participate in and not protest the inclusion and annexalion 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 ofthe On-site Prive Improvements and Offsite Public Improvements.
Section 7. @!9. City or City's officers, employees, agents, representatives or contractors may inspect or make statements indicating that certain work or materials used Io complete construction of the Project Maintenance comply with this Agreement. There may also be acceptance of certain Off-site Public Improvements or payments associated with the Off-site 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 condilion ofthis Agreement by Developer.
Section 8. Indemnitv. Developer shall hold harmless, indemnify, and defend City and City's Agents from all liability that may be incuned by City as a result of any injuries to persons or damage to property arising out of or attributable 10 Developer's Project Maintenance including construction or maintenance of the On-site Private Improvements and Off-site Public Improvements, except for such liability directly resulting from City's negligence or willful misconduct.
Section 9. Notices. 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. Ifpersonally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. lf given by facsimile transmission, a Section 4.5. The Parties acknowledge and agree that City 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.
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date:. 12/9/2024
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 transmilted 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. lfgiven 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. If given 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 (10) 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 POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 1219/2024
If to City:
With courtesy copy to:
and
Il to Developer:
City of Patterson
ATTN: City Clerk
I Plaza
City Hall
Patterson, Califomia 95363
Tel: (209) 895-8000
Fax: (209) 895-8019
City of Patterson
ATTN: City Manager
I Plaza
City Hall
Patterson, Califomia 95363
Tel: (209) 895-8000
Fax: (209) 895-8019
City of Patterson
ATTN: City Attomey
1 Plaza
City Hall
Patterson, Cal ifom ia 95363
Tel: (209) 895-8000
Fax: (209) 895-801 9
Popeye's Chicken Restaurant
ATTN: Sunny Ghai
Ghai Management Services, Inc
25 east Airway Blvd,
Livermore CA 9455 I
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 1219/2024
Section 11. General Provisions.
Section 11.1. Modification ofAgreement. This Agreement may be supplemented, amended, or modified only by the mutual agreement of the Parties. No supplement, amendment, or modification ofthis 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 ofthis Agreement.
Section 11.2. [ntire Asreement. 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 11,3. Severabilitv of Aqreement. 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 ofthe illegal, unenforceable, or invalid provision.
Section 11.5. Ambieuities. Each Party and its counsel have parlicipated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.
Section 11.6. Headinss. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation ofany provision in this Agreement nor aflect ary ofthe rights or obligations ofthe Parties to this Agreement.
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS ACREEMENT POPEYE'S CHICKEN RESTAURANT 2167 SPERRY AVENLTE
Date: 12/9/2024
Section I0. Heirs. Successors and Assiqns. 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 of a 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.
Section11,4. Intentionallvdeleted.
lN 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 ofthe State ofCalifornia Fernando Ulloa, City Manager Date Signed
Approved as to Form:
Nubia Coldstein, City Attorney Date Signed
Attest Bv:
Aracely Alegre, City Clerk Date Signed
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2167 SPERRY AVENUE
Date: 121912024
By:
By
DEVELOPER: Rosana Holdings. [-[-C
Harshraj Ghai, hesident
0t
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 12/912O24
Page l0 of l7
?+ 7{
NOT,{RY 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 Califomia
County of AunrrlzoA )
On Jelrr oav 21 201!, before me, VOts
^
NNe PoLl,LgoN . Notarv Public.
penonally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his,4ter/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed th€ instrument.
I certif under PENALTY OF PERruRY under the laws of the State of Califomia that th€ foregoing paragraph is true and conect.
WITNESS my hand and ofl'icial seal.
coM M. 1246 894 3 z
Not ry Public o
Alrncda
. Calilornia
Comm, oct. 2021
Notary Public
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS ACREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 12/912024
Page I I of 17
I
ISeall
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 of that document.
State of Califomia
County of
On 20_, before me, , Notarv Public.
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his,&erltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.
I certifo under PENALTY OF PER URY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct.
Notary Public
WITNESS my hand and official seal
ISeal]
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 121912024
)
)
)
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document.
State of Califomia
Counry of
On 20_, before me, . Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within inslrument and acknowledged to me that he/she/they executed the same in his,4rer/their authorized capacity(ies), and thal by his,fterltheir signature(s) on the insfument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument,
I certifr under PENALry OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is tlue and correct.
WITNESS rny hand and offrcial seal
ISeal]
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Dalei 121912024
Page l3 of 17
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Notary Public
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AREA MAP
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 12/912024
EXHIBIT (8"
APPROVED ON-SITE CIvIL IMPROVEMENT PLANS (APPROVAL D A"IE; 7 t25t2021)
PRECISE GRADING PLANS
2167 SPERRY AVE, PATTERSON, CA 95565
NEW COMMERCIAL RESTAURANT - POPEYES
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LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: l2l9/2024
Page l5 of 17
I
EXHIBIT "8" (CONTINUED)
APPROVED LANDSCAPE TMPROVEMENT PLANS (APPROVAL DATE: 612612024)
POPEYES LOUSIANA KITCHEN
POPEYLS LOUISIANA (! ICF]EN, INC
2167 SPFRRY AVE-
,DA I TERSON, CA 95363
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LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: l2l9/2024
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PROJECi )]STCIOIIY
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EXHIBIT'C"
OPERATIONS & MAINTENANCE MANUAL
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 12/912024
Page l7 of 17
Exhibit C
Property Owner I n formation:
Del'el ment Information:
Treatment Control Measures:
List the treatmenl conlrol measures at the developmenl and their inspection frequencies (minimum ofonce per year). For each lreotment control measure, describe conditions that require mointenonce or repair. Describe preventive maintenance needed to keep the trealmenl control measure elfect iNe.
oPERATTON & MATNTENAT{CE (O&M) PLAN
and
STATEMENT OF RESPONSIBILIW
Property Owner Name: ROSANA HOLDINCS. LLC
Name ofContact Person: Sunny Ghai
Mailing Address: 25 E. AIRWAY BLVD.
City: Livermore State: CA zip: 94551
Telephone: 510 573 5905 Email: [email protected] Name of
Development:
POPEYES LOUSIANA KITCHEN RESTAURANT PATTERSON
Development Address: 2l 67 Sperry Ave
City Patterson State: CA Zip:
Assessor ParceI No.: 021-094-003
Name of Person or
Organization
Responsible lor
Perform ing
lnspections and
Maintenance of the
Treatment Control
Measures:
ROSANA HOLDINGS. LLC will assign a local or their preferred vendor to complete maintenance.
Mailing Street
Address:
25 E. AIRWAY BLVD.
City: Livermore State: CA Zip: 9:+551
Telephone: 510 573 5905 [email protected]
Treatment Control Measure Inspection
Frequency
Describe Conditions that Require
Maintenance/Repair and Describe Routine
Preventative Maintenance
On site landscaping
Routine
inspections
Maintenance and regular inspections must be
conducted to ensure proper function. Irrigate
vegetation as needed during prolonged dry
periods. Regularly inspect the irrigation system,
,l
O&M Plan and Statement of Responsibilitt
95363
Email:
if provided. for clogs or broken pipes and repair
as necessary. Inspect flow entrances. ponding
area, and surface overflow areas periodically, and
replace soil, vegetation, and/or mulch layer in
areas iferosion has occurred.
. Prune and remove dead vegetation as
needed. Replace all dead vegetation, and if
specific plants have a high mortality rate, access
the cause and, if necessary, replace with more
appropriate species. Repair, seed, and re-plant
damaged areas immediately.
. Remo\e weeds and other in\asive.
poisonou:. nuisance. or noxious vegetation as
needed until the vegetation is established. Weed
removal should become less frequent if the
appropriate species are used and planting density
is attained.
. Remove and properly dispose oftrash and
other littler.
Bio treatment - Wetland
Modular
Quarterly
and after
maj or
storm
events
. Maintenance and regular inspections must
be conducted to ensure proper function ol-an
Modular Wetlands. The following activil.ies must
be conducted to maintain the Bio treatment
device:
. Conduct regular inspection and routine
maintenance for pretreatment device(s).
. Inspect inlets and main device. outlets
and tiltration and its observation well frequently
to ensure that water filtrates completely within
the maximum drawdown time. If water is present
in the observation well more than 48 hours after a
storm. the wetlands maybe clogged. Maintenance
activilies triggered by a potentially clogged
thcility include:
. Check for debris/sediment accumulation.
rake surface and remove sediment and vegetative
or other debris. Ifsuspected upstream sources are
outside of the Agency's jurisdiction, additional
pretreat may be necessary.
2l
O&M Plan arul Srotement ol Responsibilt,r
. Eliminate standing water to prevent
vector breeding ifstanding in the unit or main
inlet.
. Remove and dispose oftrash and debris
as needed, but at least prior to the beginning of
the wet season.
. Inspect inlet structure lor erosion and regrade if necessary. . lnspect overflow devices for obstruction
or debris, which should be removed immediately.
Repair or replace damaged pipes upon discovery.
THIS AGREEMENT is made and entered into in Patterson, Califomia, this Fifth (5th) day ofFebruarv 2025, by and between Rosanna Holdines LLC hereinafter referred to as "Owner" and the Stormwater Program;
WHEREAS, the Owner owns real property ("Property") in the City of Patterson Stormwater Program. State ofCalifornia, depicted on the attached map. which are aftached hereto; WHEREAS. at the time of initial approval of the development project known as Popeves [-ouisiana Kitchen within the Property described
Herein, the City ofPatterson Stormwater Program required the project to employ on-site control measures to minimize pollutants in urban runoff':
WHEREAS. the Ouner has chosen to install the fbllor.l inc treatment control measures I. Onsite Landscaping and 2. Bio-treatment structure (Contech Modular Wetland Svstem MWS-L-4-8-6'-0"- hereinafter referred to as "facilities". as the on-site control measures to minimize pollutants in urban runolt
WHEREAS, said facilities have been installed in accordance with the requirements of the City of Patterson Stormwater Program Post-Construction Standards Plan and the Owner's plans and specitications Accepted by the City ofPatterson Stormwater Program:
Jl
t t,!,ll Pl,t,t ,uhl \t,ttanc4r ot R,,lr'n'tl\lttt
STATEMENT OF RESPONSIBILITY
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 Owner in accordance with the terms of Agreement; WHEREAS. the Owner is aware that periodic and continuous maintenance (as described on page ofthis O&M Plan), including. but not necessarily Iimited 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 penaining to confined space and waste disposal Methods, in effect at the time such maintenance occurs:
Owner hereby provides the City of Patterson Stormwater Program or City of Patterson Stormwater Program's designee complete access, ofany 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 Owner/Operator 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 facilities and the ultimate disposal ofthe material(s) in a manner consistent with all relevant laws and regulation in elfect 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 identilying the material(s) removed. the quantity, and disposal destination.
4. The City of Patterson Stormwater Program may require the owner to post security in tbrm and tbr a time period satisfactory to the City of Patterson Storm Water Program of 1)
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NOW THEREDFORE. it is mutually stipulated and agreed as follows:
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 fiom the date ofthe notice of expense until paid in full. and Owner thereby agrees to pay such charge within 30 days of receipt of City of Patterson Stormwaler Programs written demand for payment.
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 for the Owner using the proceeds from it, or in the case of surety bond, require the sureties to perform the obligations ol the Agreement. As, an additional remedy, the City ofPatterson Stormwater Program may withdraw any previous storm water related approval with respect to the propeny on which the facilities 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.
5. TheOwnerwill besentanannual self-certification form each year by the City ofPatterson 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 return 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. ln 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 Property.
7. It is the intent of the parties hereto that burdens and benefits herein undertaken shall constitute covenants that run with said Prope(y and constitute a lien there against.
8. The obligation herein undefiaken shall be binding upon heirs, successors, executors, administrators and assigns ofthe panies hereto. The term "Owner" shall include not only the present Owner, but also its heirs. successors, executors, administrators and assigns.
Owner shall notify any successors to title of all or part ofthe Property about the existence of this Agreement. Owner shall provide such notice prior to such successors obtaining an interest in all or part olthe 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 seventytwo (72) hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address only by providing u,ritten notice thereofto the other pafiy.
O&M Plan and Stotene of Responsibili\'
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IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above.
PROJECT
u 11.11s 02105125
SIC DBY
6 O&M Plon and Stotenent ol Respotl\ihili^