AGREEMENT BETWEEN THE CITY OF STOCKTON AND GREENLAW
DEVELOPMENT, LLC, AND MONTEZUMA FIRE PROTECTION
DISTRICT, SAN JOAQUIN COUNTY REGARDING ANNEXATION OF
PROPERTY FROM THE DISTRICT TO THE CITY OF STOCKTON.
This Agreement is made and entered into this __ day of , 2024, by and between the City of Stockton, a municipal corporation ("City"), and Greenlaw Development, LLC, a California limited liability company ("Applicant") and the Montezuma Fire District in San Joaquin County ("District").
WITNESSETH
WHEREAS, Applicant and City desire to annex the property known as the Mariposa House Parcels bearing assessor's parcel numbers 179-220-140, 179-220-150 and 179-220-260 (the "Property") into the City. The legal descriptions for the Property and a location map are attached hereto as Exhibits "A-1" and “A-2” incorporated herein by this reference; and
WHEREAS, upon annexation, a detachment of that Property from the District that currently serves the Property occurs because the City will provide fire services once the Property is annexed; and
WHEREAS, upon annexation, the District will lose its share of the property tax previously allocated to it; and
WHEREAS, the Applicant and the District desire to ease the transition of lost revenue to the District and comply with the existing policies of the Local Agency Formation Commission.
NOW THEREFORE , it is mutually agreed by and between the City, the Applicant and the District as follows:
1. Upon annexation of the Property to the City and the detachment of the Property from the District, Applicant shall pay to the District a sum equal to the current tax revenue received by the District at the time of annexation, multiplied by seventeen and a half (17.5) years with a 3.44% annual increase.
The lump sum payment shall be paid by the Applicant prior to the recordation of the certificate of annexation.
2. The amount of property tax revenue to the District shall be based upon what is received for the year immediately preceding the annexation and detachment of the Property.
3. The lump sum payment shall be the amount of seventeen thousand three hundred seventy-one dollars and ninety-five cents $17,371.95 as detailed in the attached Exhibit "B" incorporated herein by this reference.
4. The provisions of the Agreement shall inure to the benefit of and bind the heirs, successors and assigns of the respective parties to this Agreement.
5. It is understood and agreed by and between the parties hereto that this Agreement shall be deemed and construed to be entered into and to be performed in the County of San Joaquin, State of California, and it is further understood and agreed by and between the parties hereto that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to the Agreement and also govern the interpretation of this Agreement. The District shall be afforded all rights and remedies provided EXHIBIT 3
by California law to enforce this Agreement and the covenants created herein.
6. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees, court costs and such other costs as may be fixed by the Court in addition to any other remedies.
7. Any notice required by this Agreement shall be in writing and delivered postage prepaid as follows:
TO APPLICANT: TO DISTRICT: TO CITY:
Robert Mitchell
Greenlaw Development, LLC
2211 Michelson, Suite 200
Irvine, CA 92612
Chief Ed Martel
Montezuma Fire District, San
Joaquin County
2405 South B Street
Stockton, CA 95206
City Manager
City of Stockton
425 North El Dorado Street
Stockton, CA 95202
8. This Agreement may be amended in writing by the mutual agreement of all of the parties.
9. In consideration of the covenants, conditions and promises of Applicant to be performed as set forth in this Agreement, District shall not contest or otherwise oppose the annexation of the Property sought by Applicant.
IN WITNESS WHEREOF, the parties have executed the Agreement by their authorized representatives the day and year first above written.
GREENLAW DEVELOPMENT, LLC:
By:
Its:
MONTEZUMA FIRE DISTRICT, SAN JOAQUIN COUNTY
By:
Its:
CITY OF STOCKTON:
By:
Its:
EXHIBIT 3
Z:\2020\A20631-3\DOCS\SURVEY\LEGAL DESCRIPTION\A20631-3-LD_3 PCLS.docx EXHIBIT 3
Z:\2020\A20631-3\DOCS\SURVEY\LEGAL DESCRIPTION\A20631-3-LD_3 PCLS.docx EXHIBIT 3
EXHIBIT 3
Annual
Year Assessment Inflator
2024 701.10$ 3.44%
1 725.22$
2 748.42$
3 772.37$
4 797.09$
5 822.60$
6 848.92$
7 876.09$
8 904.12$
9 933.05$
10 962.91$
11 993.72$
12 1,025.52$
13 1,058.34$
14 1,092.21$
15 1,127.16$
16 1,163.23$
17 1,200.45$
17.5 619.43$
17,371.95$
Exhibit B
EXHIBIT 3