This document is recorded for the
benefit of the City of Stockton and is
entitled to be recorded free of charge
in accordance with Sections 6103
and 27383 of the Government Code.
When recorded, mail to:
City Attorney’s Office
City of Stockton
425 North El Dorado St., 2
nd Floor
Stockton, CA 95202-1997 THIS SPACE FOR RECORDER’S USE ONLY
SECOND AMENDED AND RESTATED AGREEMENT
BY AND BETWEEN THE CITY OF STOCKTON
AND
HOLMAN INVESTORS, LLC
WHEREAS, the Development Agreement (“DA 2-03”), dated September 14, 2004, was authorized by City of Stockton Ordinance No. 022-02, adopted September 14, 2004, effective October 14, 2004, and recorded on October 29, 2004 as Document No. 2004-246441; and WHEREAS, the First Amended and Restated Agreement to DA 2-03 (“First Amended Agreement”), dated April 19, 2006 was authorized by City of Stockton Resolution No. 06-0164, adopted on March 28, 2006, and recorded on June 29, 2006 as Document No. 2006-141380; and
WHEREAS, the Developer desires to modify the Project such that approximately eighty (80) acres of commercial and high density residential land uses will be subject to a General Plan amendment, a Zoning Map amendment, and a Tentative Subdivision Map (collectively the “Modified Project Property”) resulting in three hundred thirty one (331) units of single family detached housing (“New Lots”), and 12.34-acres of multi-family housing, 3.98-acres of parkland, and 1.00-acre of open space; and
WHEREAS, approximately nineteen (19) acres of existing commercial land use will be included with the Modified Project Property in a new Tentative Subdivision Map; and WHEREAS, Tentative Subdivision Map Cannery Park Large Lots 4, 5 & 6 (“TM 2021“) contains Large Lot 4, Large Lot 5, and Large Lot 6 created by the Cannery Park Unit No. 1 Final Map filed on December 12, 2005, in Book 40 of Maps and Plats, at Page 51; and WHEREAS, the Developer’s Modified Project necessitates increased parkland and open space to be provided. City desires the Developer to prepare improvement plans and construct the
3.98-acres of parkland and 1.00-acre of open space (collectively “New Park”) in conjunction with development of the New Lots located within Large Lot 5; and WHEREAS, the economic crisis that started in 2008 and ended in 2017 significantly delayed the progress of the Developer to facilitate the implementation of the General Plan through the development of the Project, thereby realizing the public benefits to City and private benefits to EXHIBIT 1
Developer described in DA 2-03 as amended by the First Amended Agreement and the parties desire to extend the term of DA 2-03, as amended by the First Amended Agreement; and WHEREAS, the parties have agreed that this SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT (DA 2-03) properly reflects their original intent and desire of that said DEVELOPMENT AGREEMENT, DA 2-03, as set forth herein, and shall be duly approved and recorded in the office of the County Recorder of San Joaquin County.
NOW THEREFORE, the parties agree as follows:
1.The Subject Property as described in Exhibit “A” and depicted on Exhibit “B” to DA 2-03 is hereby amended such that Exhibit “B” shall be replaced in its entirety by Exhibit “B-1” attached hereto and incorporated herein by reference.
2. Section 1.3.a of DA 2-03 is revised such that the Term of the Agreement shall extend for a period of thirty (30) years from the Effective Date of DA 2-03 thus extending the Term of DA 2-03 and any amendments thereto by an additional ten (10) years.
3. Section 3.2.c of DA 2-03 is revised such that the Developer shall limit development of the site to a total of not more than one thousand three hundred fifty (1,350) units of single family detached housing, the maximum density allowance for 12.34 acres of high density residential housing, and one hundred sixty thousand (160,000) square feet of commercial building area.
4. The Developer shall prepare improvements plans to construct the New Park in substantial conformance to the Cannery Park Site Plan attached hereto and incorporated herein as Exhibit “C” (“Park Plans”). Upon approval of the Park Plans, which approval shall not be unreasonably withheld and shall be required to comply with adopted City standards and specifications, Developer shall, prior to or in conjunction with submittal of the first final subdivision map within Large Lot 5, commence construction of the New Park as per the Par k Plans. The Developer(s) of Large Lot 4, Large Lot 5, and Large Lot 6 shall mutually participate in the full cost of the design and construction of the New Park as a public benefit to the City in consideration for the City approving the Modified Project. The Developer(s) shall be entitled to receive, for costs incurred by the Developer(s), credit against any parkland fees imposed by the City at building permit within the Cannery Park Large Lot 4, Large Lot 5, and Large Lot 6 map areas (“Park Fee Credit”) up to the final documented cost to design and construct the New Park (“Park Cost”).
5. Upon submittal of a Parcel Map by the Developer, the City shall process the Parcel Map creating bulk sale only parcels for the Village I Parcel, the Village J Parcel, and the Village K Parcel, and dedication parcels for the Lot A Park/Open Space Parcel and the Lot B Basin Parcel as shown on TM 2021.
6. Pursuant to Government Code section 66452.6(a), any Tentative Subdivision Map approved within the Subject Property shall be valid until the expiration of the Term of the Agreement as amended herein.
7. All other provisions of DA 2-03 as amended by the First Amended Agreement shall remain in full force and effect.
EXHIBIT 1
IN
WITNESS WHEREOF, the City and Developer have executed this SECOND AMENDED AND RESTATED AGREEMENT as of the date set forth below.
CITY OF STOCKTON,
a political subdivision of the State of California
____________________________________ Date: ______________ City Manager
Attest:
____________________________________ Date: ______________ City Clerk
Approved as to Form:
_____________________________________ Date: ______________ City Attorney
HOLMAN INVESTORS, LLC,
a California limited liability company
By: H. D. Arnaiz Corporation,
a California Corporation, its Manager
By: _____________________________ Date: ______________ Matthew Arnaiz, Secretary
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Exhibit 1a
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