1 RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Ripon
c/o Jane Kilgore,
Deputy City Clerk
259 N. Wilma Avenue
Ripon, CA 95366
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(MEADOWOOD)
This First Amendment to Development Agreement (“First Amendment”) is made and entered into this 13th day of December, 2022, between the City of Ripon, a Municipal Corporation (“City”), and Dasco Greenwood, LLC a California Limited Liability Company (“Owner/Developer”). It is made with respect to the facts and circumstances set forth in the Recitals.
RECITALS
A. On or about February 13, 2018, the City of Ripon (“City”) and Owner/Developer entered into a Development Agreement for the development of certain real property in the City of Ripon (the “Subject Property”) which was recorded on July 3, 2018, as instrument No. 2018- 074286, Official Records of San Joaquin County, California, referred to as the “Development Agreement”;
B. Owner/Developer and City have agreed to amend the Development Agreement, to amend the Timing of Development provisions of the project in the Development Agreement.
C. The City finds and declares that this First Amendment is consistent with the goals, policies, and objectives of the Ripon General Plan, as well as all other ordinances, policies and 2 standards of the City.
D. The City further finds and declares that the requirements of the California Environmental Quality Act have been satisfied declaring the Meadowood project exempt from CEQA review pursuant to the CEQA Guidelines Section 15182, based on the following:
The Meadowood subdivision project is conforming to the NPSP as required by CEQA Guidelines Section 15182, including land use objectives and designations. The Project is within the scope of projects considered in the NPSP EIR, the EIR adequately analyzes all potential environmental impacts of the Meadowbrook subdivision project, and the EIR provides adequate mitigation measures for significant environmental impacts.
Pursuant to CEQA Guidelines Section 15162, the Meadowood subdivision project does not involve any environmental impacts that were not previously identified and analyzed in the NPSP EIR.
Pursuant to CEQA Guidelines Section 15162, the Meadowood subdivision project does not increase the severity of any environmental impacts previously identified and analyzed in the NPSP EIR.
Pursuant to CEQA Guidelines Section 15162, the Meadowood subdivision project does not require any mitigation measures other than those described in the NPSP EIR. As the Meadowood subdivision project does not meet any of the criteria set forth in CEQA Guidelines Section 15162, no additional environmental is required.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. AMENDMENT OF EXHIBIT “C” OF THE AGREEMENT (SECTION 4.) Section 4 (Timing of Development), is hereby amended to read in full as follows:
4. Timing of Development:
It is understood and agreed by the Owner/Developer that in the event that the project’s “Subdivision Improvement Agreement” is not executed by the end of calendar year 2023, the Owner/Developer will be in default and the Development Agreement and Tentative Map shall be automatically terminated, without the need for any further action by the City, and the City may record a Notice of Termination or similar instrument.
Notwithstanding the preceding sentence, the Owner/Developer may file written 3 requests for one-year extensions of this expiration date for the duration of the 10 year development agreement, provided such requests are filed no later than October 1st of each year. The City Council may grant or deny such extension in its sole discretion.
2. Other Terms and Condition Unaffected. Except as amended by this First Amendment, all other terms and conditions of the Development Agreement shall remain in full force and effect, and shall not be deemed modified or waived by this First Amendment.
CITY OF RIPON
_______ Date: ______________________________
MICHAEL RESTUCCIA, Mayor
Attest: Date: ______________________________
LISA ROOS, City Clerk
DEVELOPER
Dasco Greenwood, LLC, a California Limited Liability Company By:
Name: Date _______________________
Title: _____________________