Final 8/30/24
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN
TO:
City of Stockton
425 N. El Dorado St, 1st Floor
Stockton, CA 95202
Attention: City Clerk
Record for the Benefit of
The City of Stockton
Pursuant to Government Code
Section 27383
Space Above Reserved for Recorder’s Use Only
FIRST AMENDMENT
TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF STOCKTON, a
California municipal corporation
AND
GREENLAW DEVELOPMENT, LLC
a California limited liability company
MARI
POSA INDUSTRIAL PARK PROJECT
Effe
ctive Date: _____________, 2024
Attachment E
1 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“First
Amendment”), dated for reference purposes as of ____________, 2024 (“Amendment Date”), is entered into by and between the CITY OF STOCKTON, a California municipal corporation (“City”), and GREENLAW DEVELOPMENT, LLC, a California limited liability company (“Developer”). Developer and City may each be referred to individually herein as a “Party” and collectively as the “Parties.”
R E C I T A L S
This First Amendment is entered into on the basis of the following facts, understandings and intentions of the Parties.
A. City and Developer are parties to that certain Development Agreement by and between City of Stockton, a California municipal corporation, and Greenlaw Development, LLC, a California limited liability company, for the Mariposa Industrial Park Project, recorded in the Official Records of San Joaquin County on May 16, 2023, as Document Number 2023-038261 (hereafter, the “Agreement”). All capitalized terms in this First Amendment shall have the meanings ascribed to them in the Agreement unless specifically defined otherwise herein.
B. Since the Parties executed the Agreement, Developer has acquired a legal or equitable interest, as used by Government Code subsections 65865(a) and (b), in four (4) parcels of real property that are adjacent to the Property that is the subject of the Agreement. One of the parcels is located within the City of Stockton, and the other three parcels are located outside the City of Stockton in the unincorporated area of the County of San Joaquin (the “County”).
C. In conjunction with its development of other property adjacent to the Property that is the subject of the Agreement, Developer has applied to City to annex to City the other three parcels that are not currently within the City of Stockton, and City intends to petition the County Local Agency Formation Commission (“LAFCO”) for approval of such annexation so that all four of the parcels described in Recital B above will be within the City of Stockton. These four parcels bear Assessor’s Parcel Numbers 179-220-14, 179-220-15, 179-220-25 and 179-220-26 (together, the “Additional Property”), and are more particularly described and depicted in Exhibit A attached hereto and incorporated herein.
D. City and Developer have determined and agree that development of the Additional Property in accordance with the terms and conditions of the Agreement would be in the best interests of the Parties and, therefore, consistent with Section 65865(b) of the Development Agreement Statute, the Parties have agreed to amend the Agreement to bring the Additional Property within the coverage of the Agreement.
E. The potential environmental impacts from development of the Additional Property consistent with the terms and conditions of the Agreement were evaluated by the City, in compliance with the requirements of the California Environmental Quality Act (“CEQA”), in that certain Environmental Impact Report for the Mariposa Industrial Park (State Clearinghouse No. 2020120283) certified by the City on December 6, 2022 (the “MIP EIR”).
Attachment E
2 F. On _______ ___, 2024, City’s Planning Commission recommended, by adoption of Resolution No. _______, that the City Council take the following actions:
1. Determine that the potential environmental effects from development of the Additional Property consistent with the Agreement were adequately analyzed in the MIP EIR and no further environmental review for the First Amendment is required under CEQA.
2. Adopt an ordinance authorizing City to execute this First Amendment to bring the Additional Property within the coverage of the Agreement.
G. On _______ ___, 2024, the City Council took the following actions:
1. Determined that the potential environmental effects from development of the Additional Property consistent with the Agreement were adequately analyzed in the MIP EIR and no further environmental review for the First Amendment is required under CEQA.
2. Adopted Ordinance No. ______, authorizing the City to execute the First Amendment to bring the Additional Property within the coverage of the Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants and provisions set forth herein, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
A G R E E M E N T
1. Incorporation of Preamble, Recitals, and Exhibits. The Preamble, Recitals, Exhibits and all defined terms set forth therein are hereby incorporated into this First Amendment as if set forth herein in full.
2. Amendment to Definition of “Property” in Agreement. The definition of “Property” in Article 1 on page 7 of the Agreement is hereby amended by deleting the existing definition in its entirety, and replacing it with the text set forth below:
“Property” is defined in Recital C, and also includes the Additional Property, as defined in Recital C of that certain First Amendment to Development Agreement by and between City and Developer approved by Ordinance No. ______.
3. Continued Effectiveness of Agreement. Except as expressly modified herein, the Agreement shall remain in full force and effect. The provisions of this First Amendment are several and separate and should a legal challenge be brought challenging this First Amendment, such challenge shall in no way affect or impact the continuing validity and vitality of the Agreement.
4. Effective Date; Recording. This First Amendment shall become effective on the Effective Date identified on the signature page. Not later than ten (10) days following Attachment E
3 the Effective Date, a duly executed and notarized copy of this First Amendment shall be recorded in the Official Records of the County of San Joaquin.
5. Signature Pages. For convenience, the signatures of the parties to this First Amendment may be executed and acknowledged on separate pages in counterparts which, when attached to this First Amendment, shall constitute one complete agreement. [SI
GNATURES ON FOLLOWING PAGE]
Attachment E
4 IN WIT
NESS WHEREOF, City and Developer have executed this First Amendment as of the Effective Date shown below.
CITY:
CITY OF STOCKTON,
a California municipal corporation
By:
Harry Black, City Manager
[Signature must be notarized]
ATTEST:
By:
Katherine Roland, CMC, CPMC, Interim City Clerk
“Effective Date”: _______________
APPROVED AS TO FORM:
By:
Lori M. Asuncion, City Attorney
DEVELOPER:
By:
Name: Rob Mitchell, Partner
[Signatures must be notarized]
Attachment E
Z:\2020\A20631-3\DOCS\SURVEY\LEGAL DESCRIPTION\A20631-3-LD_3 PCLS.docx EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A
BEING ALL OF PARCELS ONE AND TWO DESCRIBED IN THE GRANT DEED RECORDED ON AUGUST 9, 2023, AS INSTRUMENT NO. 2023-062875, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF MARIPOSA ROAD (WIDTH VARIES), SAID POINT ALSO BEING THE MOST NORTHERLY COMMON CORNER OF SAID PARCEL ONE (2023- 062875) WITH THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE GRANT DEED RECORDED APRIL 6, 2023, AS INSTRUMENT NO. 2023-026946, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, AS SHOWN ON THAT RECORD OF SURVEY FILED FOR RECORD ON MARCH 8, 2024, IN BOOK 41 OF SURVEYS, AT PAGE 12, SAN JOAQUIN COUNTY RECORDS;
THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, ALSO BEING THE NORTHERLY LINE OF SAID PARCEL ONE (2023-062875), SOUTH 59° 53’ 28” EAST, 200.72 FEET TO THE NORTHEAST CORNER OF SAID PARCEL ONE;
THENCE ALONG THE EASTERLY LINE OF SAID PARCELS ONE AND TWO (2023-062875), SOUTH 17° 50’ 54” EAST, 3121.55 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL TWO; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL TWO, SOUTH 72° 09’ 06” EAST, 20.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL TWO;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL TWO (2023-062875), NORTH 17° 50’ 54” WEST, 2860.95 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL ONE THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL ONE (2023-062875), NORTH 58° 48’ 18” WEST, 170.97 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL ONE; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL ONE (2023-062875), NORTH 17° 52’ 14” WEST, 282.52 FEET TO THE POINT OF BEGINNING.
CONTAINING 94,974 SQUARE FEET OR 2.1803 ACRES MORE OR LESS OF LAND.
PARCEL B
BEING ALL OF PARCEL ONE DESCRIBED IN THE GRANT DEED RECORDED ON FEBRUARY 25, 2019, AS INSTRUMENT NO. 2019-019341, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE GRANT DEED RECORDED APRIL 6, 2023, AS INSTRUMENT NO. 2023-026946, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, SAID POINT BEING THE NORTHEAST CORNER OF SAID PARCEL ONE (2019-019341), AS SHOWN ON SAID RECORD OF SURVEY (41 ROS 12);
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL ONE (2019-019341), NORTH 72° 09’ 06” EAST, 301.20 FEET TO THE NORTHEAST CORNER OF SAID PARCEL ONE; Attachment E
Z:\2020\A20631-3\DOCS\SURVEY\LEGAL DESCRIPTION\A20631-3-LD_3 PCLS.docx THENCE ALONG THE EASTERLY LINE OF SAID PARCEL ONE (2019-019341), SOUTH 17° 50’ 54” EAST, 358.93 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL ONE;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL ONE (2019-019341), SOUTH 72° 09’ 06” EAST, 301.20 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL ONE, THENCE ALONG THE WESTERLY LINE OF SAID PARCEL ONE (2019-019341), NORTH 17° 50’ 54” WEST, 358.92 FEET TO THE POINT OF BEGINNING.
CONTAINING 108,108 SQUARE FEET OR 2.4818 ACRES MORE OR LESS OF LAND.
PARCEL C
BEING ALL OF PARCEL ONE DESCRIBED IN THE GRANT DEED RECORDED ON AUGUST 11, 2008, AS INSTRUMENT NO. 2008-130946, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE GRANT DEED RECORDED APRIL 6, 2023, AS INSTRUMENT NO. 2023-026946, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, SAID POINT BEING THE NORTHEAST CORNER OF SAID PARCEL ONE (2008-130946), AS SHOWN ON SAID RECORD OF SURVEY (41 ROS 12);
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL ONE (2008-130946), NORTH 72° 09’ 06” EAST, 301.20 FEET TO THE NORTHEAST CORNER OF SAID PARCEL ONE; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL ONE (2008-130946), SOUTH 17° 50’ 54” EAST, 358.93 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL ONE;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL ONE (2008-130946), SOUTH 72° 09’ 06” EAST, 301.20 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL ONE, THENCE ALONG THE WESTERLY LINE OF SAID PARCEL ONE (2008-130946), NORTH 17° 50’ 54” WEST, 358.92 FEET TO THE POINT OF BEGINNING.
CONTAINING 108,108 SQUARE FEET OR 2.4818 ACRES MORE OR LESS OF LAND.
PARCELS A, B & C DESCRIBED ABOVE BEING SHOWN ON A PLAT LABELED EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
__________________________________ ______________
RICHARD J. HICKENBOTTOM, PLS 8654 DATE
8/30/2024
Attachment E
8/30/2024
Attachment E