RECORDING REQUESTED BY:
City of Patterson
PLEASE RETURN TO / MAIL TO
City of Patterson City Clerk
P.O. Box 667
Patterson, CA 95363
SPACE AAOVE THIS LINE FOR RECORDER'S USE
ACCESS AND MAINTENANCE AGREEMENT
LANDSCAPING, STORMWATER TREATMENT,
LOW IMPACT DEVELOPMENT STRUCTURES
Mr. Dan Vander Pol OWNER
APN 021-093-012
PROJECT NAME Oak Harbor Freight
Architectural and Site Plan Review #22-09. Condational Use Permit #23-02 PROJECT APPROVALS (City Council and/or Planning Commission Resolution Numbers)
RECITALS
rHtsAGREEMENIismadeandentered,n,oon April 15th,2025,or rna belween Mr. Dan Vander Pol
California municipal corporation ("Citv"), and
WHEREAS, Owner owns real property ("Propertv") in City of Patterson, County of Stanislaus, State of California, more specifically described in Exhibit A attached hereto; and WHEREAS, at the time of initial approval of the development prolect known as Oak Harbor Freight (the "Proiect"), the Project Approvals referenced above required the Owner to install landscaping improvements, employ on-site control measures to minimize pollutants in urban runoff, install low-impact development improvements, and contain or reduce all stormwater runoff at the site. All landscaping, low-impact development improvements, stormwater features, and containment or reduction measures may collectively be referred to herein as the "lmprovements" , and
WHEREAS, the lmprovements, as generally described or depicted in Exhibit B attached hereto, have been installed in accordance with plans and specifications approved by City, and WHEREAS. the lmprovements are private facilities and all maintenance and replacement is the sole responsibility of Owner in accordance with the terms of this Agreement; and pRopERTyADDRESS: 275 Rogers Rd. Patterson, CA 95363
("Owne/'), and the CITY OF PATTERSON, a
WHEREAS, Owner agrees that periodic and continuous maintenance, including but not limited to, landscaping, filter material replacement, and sediment removal is required to assure peak performance of the lmprovements and that such maintenance activity will require compliance with all local, state, or federal laws and regulations, including those pertaining to confined space and waste disposal methods in effect at the time such maintenance occurs.
NOW THEREFORE, it is mutually agreed as follows
1. The "Recitals" set forth above, the Exhibits referenced herein, the introductory paragraph preceding the Recitals, and all defined terms set forth therein, are hereby incorporated into and made part of this Agreement.
2. Owner shall diligently maintain the lmprovements and in a manner assuring peak performance at all times. Owner shall not destroy or remove the lmprovements from the Property nor modify or otheMise allow the lmprovements to exist in any manner that lessens their aesthetic or effectiveness.
3. Owner shall provide City complete access, of any duration, to the lmprovements and the immediate vicinity at any time, upon reasonable notice, for the purpose of inspection, sampling, and testing of the lmprovements. ln the event of an emergency, as determined by City, no advanced notice is required for City to access the lmprovements and undertake all necessary repairs or other preventative measures to abate the danger or emergency, at Owner's expense as provided herein. City shall make every effort to minimize or avoid interference with Owner's use of the Property and the lmprovements.
4. ln the event Owner fails to accomplish the necessary maintenance contemplated by this Agreement, within five (5) days of written notice by City, City is hereby authorized to enter the Property and perform any required maintenance on the lmprovements. City shall have the right to charge the entire cost and expense of maintenance of the lmprovements to Owner, including administrative costs, attorneys' fees, and interest thereon at the maximum rate authorized by law until paid in full. City may place a lien on the Property for Owner's failure to pay costs and expenses associated with maintenance of the lmprovements performed by City.
5. All reasonable precautions shall be exercised by Owner and Owner's representative or contractor in the removal, extraction, and disposal of material(s) from the stormwater facilities on the Property in a manner consistent with all relevant laws and regulations.
Upon written request from City, Owner shall provide City with documentation identifying the type and quantity of material(s) and the disposal destinatron of all materials removed from the stormwater facilities.
6. In the event Owner fails to perform the required maintenance after written notice provrded by City, City may require Owner to file a security with City to guarantee the performance of the obligations stated herein. The form and period of Owner's security shall be determined by City. Should Owner fail to perform the obligations under the Agreement, City may use the proceeds from the security to fulfill Owner's obligations.
7. On behalf of City, the Public Works Director or his or her designee shall be responsible for the implementation and administration of this Agreement. Before initiating any claim or challenge in a court of law, any decision of the Public Works Director shall first be appealed to the City Manager.
491S1695-7476. v 1
8. This Agreement shall be recorded in the Office of the Recorder of Stanislaus County, California, at the expense of City and shall constitute notice to all successors and assigns of the title to the Property of the obligations set forth herein.
9. ln the event of legal action occasioned by any default or action of Owner, then Owner agrees to pay all costs incurred by City in enforcing the terms of this Agreement, including reasonable attorneys' fees and costs, and that the same may become part of the lien against said Propefu.
10. lt is the intent of the parties hereto that the burdens and benefits herein shall constitute covenants running with the land, and be binding upon all successors acquiring any interest in the Property or any portion thereof. Owner shall provide notice of this Agreement to any successor obtaining an interest in all or part of the Property.
12. Time is of the essence in the performance of this Agreement
13. Owner shall hold harmless, indemnifi/, and defend City and City officials, employees, contractors, and agents from all liability that may be incurred by City as a result of any injuries to persons or property arising out of or attributable to Owner's operation and maintenance of the lmprovements, except for such liability directly resulting from City's negligence or willful misconduct.
14.lf any provision in this Agreement is held by a court of competent .iurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force without being impaired.
15. Each person executing this Agreement represents and warrants that he or she is duly authorized and has the legal authority to execute and deliver this Agreement.
16. Any notice 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 prepaid, to the address set forth below.
Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S. Mail, whichever is earlier. All notices delivered personally or by U.S. Mail shall be accompanied by a copy sent by email. A party may change a notice address only by providing written notice thereof to the other party.
IF TO CITY:
City of Patterson
Public Works Department
1 Plaza
Patterson, CA 95363
oubliNo s@Dattersonca oov
Email:
IF TO OWNER
Mr. Dan Vander Pol
MDHE Enterprises, LLC
PO Box 1469
4915-1695-7476. v. 1
Auburn, WA 98071
11. Owner shall provide advance notice to City of any change in ownership or control of the Property, before transferring such ownership or control of the Property or any portion thereof.
lN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above.
CITY OF PATTERSON,
a municipal corporation
OWNER: Dan Vander Pol
By
By
'Don,i (Signature)
i l,/a v k(l .
(c'Qcar)ial
(Print Name & Title)
(Signature)
(Print Name & Title)
By
ATTEST
Aracely Alegre, City Clerk
APPROVED AS TO FORM:
49151695-7476 v 'l
By:
-
-
Femando LXloa, Oty fvlanaSer
Nubia Goldstein, City Attorney
G
EXHIBIT"A"
Legat Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PATTERSON, COUNTY OF STANISLAUS, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
APN:021-093-012-000
Parcel 11 as shown on Parcel Map fited for record l4ay 31 ,2022 in Book 58 of Parcet Maps, at Page 52, Stanistaus County Records.
Landscaping, Stormwater Features, Low-lmpact Development lmprovements 4915-1635-7476. v. 1
EXHIBIT B
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EXHIBIT C
(Operatron & lvlarntenance (O&N4) Plan)
Property Owner lnformation :
Development lnformation :
Dan Vander Pol
Dan Vander Pol
PO Box 1469
Auburn 98071
I
emait:
I
(253) 804-1007 dan.vanderpol@oakhr com
Oak Harbor Freight Lines
275 Rogers Road
Patterson CA 9s363
021-093-012
Oak Harbor Freight Lines
PO Box Box '1469
Aubu rn 98071
I
emart:
I
(253) 804-1007 [email protected]
7 Property Owner
Name:
Name of Contact
Person:
Mailing Address
Cily State zip
Telephone
Name of Developmenl
Development
Address:
City State zio
Assessor Parcel No
Name of Person or
Organization
Responsible for
Performing
lnspections and
Maintenance of the
Treatment Control
Measures:
Mailing Street
Address:
City State zip
Telephone
Treatment Control Meas u res:
Ltst the trcatnlent control measures at the development and theu inspection frecluencies (nininum of once per year) For each treatment control measLtre. descibe conditiotls that rcquire naintenance or repair. Descibe preventative maintenance needed to keep the t re atnle n t con t rol me a su re effect ive
Vegetated Swales Twice a
year or as
necessary
Clear openings, check inlet covers & frames for
damage, replant if necessary
Annually
or as
necessary
CDS Manhole Structure Clear openings, check structure for any damage I.ipdatcd 11/02/ I 7 Page I
Treatment Control Measure lnspection
Frequency
Describe Conditions that Require Maintenance /
Repair and Describe Routine Preventative
Maintenance