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CITY OF TRACY <br /> OFF-SITE IMPROVEMENT AGREEMENT FOR <br /> OFF-SITE DETENTION BASIN 3A <br /> PUBLIC IMPROVEMENTS <br /> This OFF-SITE IMPROVEMENT AGREEMENT ("Agreement") is made and entered <br /> into by and between the CITY OF TRACY a municipal corporation ("City"), Woodside <br /> 05N, LP, a California Limited Partnership ("Developer"), and Surland Communities, <br /> LLC, a California Limited Liability Company ("Project Developer"). The City and <br /> Developer are referred to individually as "Party" and collectively as "Parties." <br /> Recitals <br /> A. Developer is the legal owner of that certain real property located at 12650 <br /> Valpico Rd, Tracy, CA 95377, designated with Assessor's Parcel Number(s) 240- <br /> 140-490-000, 240-140-050-000, 240-700-130, 240-700-140, and 240-700-100 <br /> and more particularly described in Exhibit"A" hereto (the "Property"). <br /> B. The City and Project Developer entered into that certain Amended and Restated <br /> Development Agreement By and Between the City of Tracy and Surland <br /> Communities, LLC, dated April 18, 2013 ("Development Agreement"). <br /> C. On May 3, 2018, the City and Surland, pursuant to Ordinance 1253, executed <br /> and entered into the Second Amendment to Amended and Restated <br /> Development Agreement By and Between the City of Tracy and Project <br /> Developer ("2018 Second Amendment"). On May 18, 2018, a lawsuit was filed <br /> against the City (as Respondent and Defendant) and Project Developer (as Real <br /> Party in Interest) challenging the legality of Ordinance 1253 and the 2018 <br /> Second Amendment, On September 30, 2020, the San Joaquin County Superior <br /> Court entered Judgment for Plaintiff and against the City and Surland, and issued <br /> a Peremptory Writ of Mandate (Mitracos v. City of Tracy, et al., San Joaquin <br /> County Superior Court Case No. STK-CV-UWM-2018-5531), which, among other <br /> things, required the City to rescind the 2018 Second Amendment and Ordinance <br /> 1253, stop implementing any aspects of the 2018 Second Amendment, and <br /> unwind any prior actions taken by the City pursuant to the 2018 Second <br /> Amendment. <br /> D. The Project Developer is a party to this agreement for purposes of credit and <br /> reimbursement only. <br /> E. Based on a thorough investigation, the City has concluded this Agreement is <br /> unrelated to the 2018 Second Amendment. <br /> 1 <br /> Rev.Nov.2021 <br />