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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Attention: Deputy City Clerk
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APNs 261-020-44, 261-650-24 (Space Above This Line for Recorder’s Use Only) Exempt from recording fee per Gov. Code §
27383.
FIRST AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
THIS FIRST AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (“First Amendment”) is made and entered into as of _____________, 2025 (“Amendment Date”) by and between the City of Ripon, a municipal corporation of the State of California hereinafter called “City” and Lennar Homes of California, LLC, hereinafter referred to as “Developer” and “Owner”:
R E C I T A L S
A. Developer and City entered into that certain Subdivision Improvement Agreement dated August 14, 2024 and recorded in the official records of San Joaquin County as Document No. 2024-071953 on August 27, 2024 (the “SIA”).
B. City and Developer desire to amend the SIA to reflect the terms under which Developer would conduct work under the City’s existing Master Encroachment Agreement with South San Joaquin Irrigation District.
A G R E E M E N T S
NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Amendment, the parties hereto agree as follows:
ARTICLE I.
DEFINITIONS
Section 1.1 All capitalized terms used herein shall have the meaning given in the SIA, except as expressly otherwise defined in this First Amendment. 106514\18493205v2
ARTICLE II.
SPECIFIC AMENDMENTS
Section 2.1 The SIA is hereby amended to include the following new Section 26:
“26 SSJID Encroachments.
Developer is required to obtain independently the consent and approval of all other government agencies or entities with jurisdiction over or with property interests within the area in which work will be performed under this Agreement, as may be required.
Notwithstanding the preceding sentence, in the event SSJID requires Developer to utilize the City’s Master Encroachment Agreement dated May 14, 2019, with SSJID (hereafter, “MEA”), attached hereto as “Exhibit D”, to construct any Improvements over SSJID property interests, Developer shall request the City Administrator’s consent in writing.
If the City Administrator grants Developer’s request to utilize City’s MEA, City may issue its request to SSJID as required by the MEA, in its discretion. City makes no representations, warranties, or guarantees that it will issue its request to SSJID to utilize the MEA upon Developer’s request, nor that SSJID will grant Developer authorization to conduct work under the MEA. If SSJID issues an authorization for Developer’s requested improvements subject to City’s MEA, Developer agrees to assume all rights and obligations of City, as the “City,” under the MEA to the extent such rights and obligations relate to the Improvements until the Improvements are accepted by City and such work has successfully completed its warranty period as evidenced by the release of the warranty bond associated with the Improvements.
If Developer is granted an authorization to conduct work by SSJID subject to City’s MEA, nothing contained in this Agreement nor the MEA shall be deemed, construed, or represented by the City or Developer to any third person to create a relationship of principal or agent, or of a partnership, or of a joint venture, or of a City contractor, employee, or representative, or of any other association of any kind or nature between the City and Developer.
If granted an authorization to conduct work by SSJID subject to City’s MEA, Developer agrees to defend, indemnify and hold harmless City and each and all of its successors, assigns, employees, officers, partners, directors, agents, servants and legal representatives from and against any and all manner of action or actions, cause or causes of action, in law or in equity, promises, liabilities, claims, demands, damages, loss, cost or expense (including without limitation attorney’s fees and expenses) (hereinafter collectively referred to as “Claims”) to the extent relating to (i) Developer’s performance of the work of the Improvements subject to the MEA, (ii) Developer’s default under the MEA that is 106514\18493205v2
related to the Improvements, or (iii) this Agreement, for Claims relating to the MEA that arise or accrue on or after the Effective Date through the date the Improvements are accepted by the City and such work has successfully completed its warranty period as evidenced by the release of the warranty bond associated with the Improvements.”
Section 2.2 Exhibit 1 to this First Amendment is hereby incorporated into the SIA as “Exhibit D”.
ARTICLE III.
MISCELLANEOUS
Section 3.1 Ratification. Except as expressly modified by this First Amendment, the SIA remains in full force and effect.
Section 3.2 Recordation. The First Amendment shall be recorded in the Official Records of San Joaquin County within a reasonable time after the Amendment Effective Date.
Section 3.3 Execution in Counterparts. This First Amendment may be executed in counterparts, each of which shall for all purposes be deemed to be an original; and all such counterparts shall together constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties have hereunder set their hand the day and year first above written.
“CITY” “DEVELOPER” and “OWNER”
City of Ripon, a Municipal Corporation Lennar Homes of California, LLC, a California limited liability company
*By *By
Daniel de Graaf, Mayor Click here to enter text.
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NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ____________
On _________________, 2025, before me, ____________________________________, a notary public, personally appeared ___________________, who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_______________________________________ [Seal]
Notary Public
106514\18493205v2
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ____________
On _________________, 2025, before me, ____________________________________, a notary public, personally appeared ___________________, who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_______________________________________ [Seal]
Notary Public
106514\18493205v2
Exhibit 1
Exhibit 1