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.
SECOND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
THIS SECOND AMENDMENT TO SUBDIVISION IMPROVEMENT
AGREEMENT (“Second 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, as amended by that certain First Amendment to Subdivision Improvement Agreement dated August 12, 2025 and recorded in the official records of San Joaquin County as Document No. 2025-072839 on August 28, 2025 (together, the “SIA”).
B. City and Developer desire to amend the SIA to reflect the terms related to certain improvements to Fulton Avenue and to permit a limited number of building permits to be issued prior to completion and acceptance of all Improvements.
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 Second 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 Second Amendment.
3.A.a
Packet Pg. 244 Attachment: Second Amendment to SIA(18937243.2) (4851 : Lennar Subdivision Improvement Agreement - Amendment No.2)
ARTICLE II.
SPECIFIC AMENDMENTS
Section 2.1 Section 2 of the SIA is deleted in its entirety and replaced with the following (deletions shown in strike out; additions shown as double underlined):
“2. Improvement Security.The Final Map shall not be recorded until all Improvements are completed by the Developer and accepted by the City.
Notwithstanding the preceding sentence, if the Developer elects to phase the required undergrounding of the SSJID lateral “V” until half of the residential units are built, the City shall phase the recordation of the Final Map as described below:
Final Map - Phase 1: Once all Improvements with the exception of the SSJID lateral “V” are completed and accepted by the City, Final Map – Phase 1 shall be recorded for half of the residential lots that are furthest from the SSJID lateral “V” and Developer shall be authorized to obtain building permits for the residential lots within the Final Map –Phase 1.
Final Map - Phase 2: Once the SSJID lateral “V” is completed and accepted by the City of Ripon and SSJID, Final Map – Phase 2 shall be recorded for the remainder of the residential lots and Developer shall be authorized to obtain building permits for those remaining residential lots.
The Final Map for all residential lots may be recorded prior to all Improvements being completed and accepted by the City. However, prior to all Improvements being completed and accepted by the City, City (i) shall not issue more than 17 building permits for residential units; and (ii) shall not issue any certificates of occupancy for a residential unit. Developer shall also not enter into any agreements to convey residential lot(s) to a homeowner until all Improvements are completed and accepted by the City.
Developer shall deposit simultaneously with the signing of this Agreement, a Faithful Performance Improvement Bond and a Labor and Material Bond, each in the total amount of $470,975, for the estimated cost of the Fulton Avenue and Goodwin Drive improvements. Developer may submit cash, certified check, letter of credit, or other evidence satisfactory to the City Attorney of the City of Ripon in lieu of bonds to cover the estimated cost of the construction of and completion of improvements for Fulton Avenue and improvements for Goodwin Drive as shown on the approved improvement plans and accompanying cost estimate, attached hereto as “Exhibit C”, as approved by the Ripon City Engineer.”
Section 2.2 The SIA is hereby amended to include the following new Section 27:
“27 Fulton Avenue Dedication and Improvements. Developer is required to provide for the full-width improvement for Fulton Avenue along the frontage of the Project. Developer has agreed to extend these improvements from the northern Project
3.A.a
Packet Pg. 245 Attachment: Second Amendment to SIA(18937243.2) (4851 : Lennar Subdivision Improvement Agreement - Amendment No.2)
limits to the roundabout located at Fulton Avenue and Colony Road. This includes the dedication and improvements of property for a one-hundred two (102) foot right-of-way pursuant to City Standard ST-10.
Prior to the construction of the improvements between the Project northern limits and the roundabout located at Fulton Avenue and Colony Road, the Developer agrees to submit off-site improvement plans for the City Engineer’s reasonable approval.
Prior to the construction of the improvements between the Project northern limits and the roundabout located at Fulton Avenue and Colony Road, the Developer agrees and submit a Faithful Performance Improvement Bond and a Labor and Material Bond as described in Sections 2 and 3, each in the total amount of $768,092.
Once the full-width improvements for Fulton Avenue from the northern Project limits to the roundabout located at Fulton Avenue and Colony Road are completed, including punch list items provided by the City Engineer, the City shall reimburse the Developer the actual cost of these improvements, not to exceed $768,092, as summarized in “Exhibit E”. Developer shall submit actual contractor invoices as part of the reimbursement request and City shall provide reimbursement within 60 days.
At the time of final acceptance by the City Council of the improvements between the Project northern limits and the roundabout located at Fulton Avenue and Colony Road, the Developer agrees to submit a Warranty Bond as described in Section 4, in the total amount of $192,023.”
Section 2.3 Exhibit 1 to this Second Amendment is hereby incorporated into the SIA as “Exhibit E”.
ARTICLE III.
MISCELLANEOUS
Section 3.1 Ratification. Except as expressly modified by this Second Amendment, the SIA remains in full force and effect.
Section 3.2 Recordation. The Second 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 Second 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.
[signatures on following page]
3.A.a
Packet Pg. 246 Attachment: Second Amendment to SIA(18937243.2) (4851 : Lennar Subdivision Improvement Agreement - Amendment No.2)
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 Bridgit Koller, Vice President
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Packet Pg. 247 Attachment: Second Amendment to SIA(18937243.2) (4851 : Lennar Subdivision Improvement Agreement - Amendment No.2)
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
3.A.a
Packet Pg. 248 Attachment: Second Amendment to SIA(18937243.2) (4851 : Lennar Subdivision Improvement Agreement - Amendment No.2)
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
3.A.a
Packet Pg. 249 Attachment: Second Amendment to SIA(18937243.2) (4851 : Lennar Subdivision Improvement Agreement - Amendment No.2)
Exhibit 1
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Packet Pg. 250 Attachment: Second Amendment to SIA(18937243.2) (4851 : Lennar Subdivision Improvement Agreement - Amendment No.2) UNIT
ITEM DESCRIPTION QUAN. UNIT COST AMOUNT
I. OVERALL OFFSITE & SAFE ROUTES TO SCHOOL SITE PREPARATION / GRADING A. SITE PREPARATION/GRADING
1. MOBILIZATION 1 LS $50,000.00 $50,000
2. CONSTRUCTION WATER 1 LS $30,000.00 $30,000
3. SITE CLEARING & GRUBBING 1 LS $10,000.00 $10,000
4. SITE GRADING 1 LS $150,000.00 $150,000
5. TEMPORARY EROSION CONTROL / SWPPP PROTECTION 1 LS $100,000.00 $100,000
6. TRAFFIC CONTROL 1 LS $136,250.00 $136,250
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SUB-TOTAL $476,250
II. FULTON AVENUE SUBDIVISION FRONTAGE IMPROVEMENTS
A. DEMOLITION
1. EXISTING PAVEMENT REMOVAL (5" A.C. OVER 10" A.B.) 6,392 SF $4.88 $31,193
2. 6" VERTICAL CURB REMOVAL 974 LF $6.10 $5,941
3. GRIND & REMOVE EXISTING STRIPING 1 LS $2,500.00 $2,500 ----------------------------------
SUBTOTAL $39,634
B. STREET WORK
1. A.C. PAVEMENT (5" A.C. OVER 10" A.B.) 24,138 SF $8.00 $193,104
2. 6" VERTICAL CURB & GUTTER 844 LF $33.25 $28,063
3. MEDIAN CURB TYPE "C" 1,416 LF $40.25 $56,994
4. CONCRETE SIDEWALK (4" P.C.C. OVER 4" A.B.) 4,558 SF $8.65 $39,427 ----------------------------------
SUBTOTAL $317,588
C. STORM DRAINAGE
1. 18" R.C.P. 140 LF $175.00 $24,500
2. CATCH BASIN 1 EA $5,250.00 $5,250
3. MANHOLE 1 EA $6,120.00 $6,120
----------------------------------
SUBTOTAL $35,870
D. WATER SYSTEM
1. 8" PVC 95 LF $80.00 $7,600
2. 12" GATE VALVE 1 EA $4,075.00 $4,075
3. 8" GATE VALVE 1 EA $3,295.00 $3,295
4. TIE IN / TESTING AND DISINFECTION 1 EA $15,000.00 $15,000 ----------------------------------
SUBTOTAL $29,970
E. NON-POTABLE WATER SYSTEM
1. 12" PVC 737 LF $116.00 $85,492
2. 8" PVC 70 LF $80.00 $5,600
3. BLOWOFF VALVE 1 EA $2,000.00 $2,000
4. 12" GATE VALVE 3 EA $5,195.00 $15,585
5. 8" GATE VALVE 1 EA $2,700.00 $2,700
6. TIE IN TO EXISTING NON POTABLE WATER 1 EA $15,000.00 $15,000 ----------------------------------
SUBTOTAL $126,377
F. MISCELLANEOUS ITEMS & LANDSCAPE IMPROVEMENTS
1. STRIPING & SIGNAGE 1 LS $15,000.00 $15,000
2. RETROFIT EXISTING STREETLIGHT WITH DOUBLE ARM 1 EA $13,500.00 $13,500
3. CITY STANDARD STREETLIGHT W/DOUBLE MAST ARM 2 EA $15,000.00 $30,000
4. LANDSCAPE 12,484 SF $6.00 $74,904
5. LANDSCAPE FINISHING GRADING 12,484 LF $0.45 $5,618
6. SOIL AMENDMENTS 12,484 SF $0.40 $4,994
7. MULCH 12,484 SF $0.45 $5,618
8. IRRIGATION SYSTEM 12,484 SF $6.00 $74,904
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RIPON, CALIFORNIA
9/5/2025
PRELIMINARY OPINION OF PROBABLE COST
FOR
MEADOWOOD SUBDIVISION - TRACT NO. 4019
OFFSITE FULTON AVENUE & SAFE ROUTES TO SCHOOL IMPROVEMENTS 1 $209,550 Church Frontage (773 LF)
$266,700 Meadowood Frontage (985 LF)
EXHIBIT E 3.A.b
Packet Pg. 251 Attachment: Exhibit E_2025.10.07-NC13140-Meadowood - Offsite Fulton Avenue Preliminary Engineer's Estimate_Redline (4851 : Lennar SUB-TOTAL $224,537
FULTON AVENUE SUBDIVISION FRONTAGE IMPROVEMENTS TOTAL =====> $1,250,226 UNIT
ITEM DESCRIPTION QUAN. UNIT COST AMOUNT
II. FULTON AVENUE CALVARY REFORMED CHURCH FRONTAGE IMPROVEMENTS A. STREET WORK
1. A.C. PAVEMENT (5" A.C. OVER 10" A.B.) 14,289 SF $8.00 $114,312
2. 6" VERTICAL CURB & GUTTER 706 LF $33.25 $23,475
3. MEDIAN CURB TYPE "C" 690 LF $40.25 $27,773
4. CONCRETE SIDEWALK (4" P.C.C. OVER 4" A.B.) 4,857 SF $8.65 $42,013 5 TRAFFIC CONTROL 1 LS $25,000.00 $25,000
6 GRADING 1 LS $60,000.00 $60,000
7 S.S.J.I.D. DRIVEWAY APPROACH 248 SF $14.50 $3,596
8 S.S.J.I.D. PARKING TURNOUT 2 EA $5,000.00 $10,000
9 VENEER S.S.J.I.D. STRUCTURE 1 LS $10,000.00 $10,000
10 REPLACE SSJID STRUCTURE WITH FLUSH MANHOLE 1 LS $150,000.00 $150,000 11 CONCRETE COBBLESTONE 2,222 SF $18.50 $41,107
12 4.5" DRIVE OVER CURB & GUTTER 423 LF $45.75 $19,352
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SUBTOTAL $526,627
B. STORM DRAINAGE
1. 18" R.C.P. 70 LF $175.00 $12,250
2. CATCH BASIN 2 EA $5,250.00 $10,500
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SUBTOTAL $22,750
C. MISCELLANEOUS ITEMS & LANDSCAPE IMPROVEMENTS
1. STRIPING & SIGNAGE 706 LF $25.00 $17,650
2. RETROFIT EXISTING STREETLIGHT WITH DOUBLE ARM 1 EA $13,500.00 $13,500
3. LANDSCAPE 15,628 SF $9.00 $140,652
4. LANDSCAPE FINISHING GRADING 15,628 LF $0.68 $10,549
5. SOIL AMENDMENTS 15,628 SF $0.60 $9,377
6. MULCH 15,628 SF $0.68 $10,549
7. IRRIGATION SYSTEM 15,628 SF $9.00 $140,652
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SUB-TOTAL $342,929
FULTON AVENUE CALVARY REFORMED CHURCH FRONTAGE IMPROVEMENTS TOTAL =====> $892,306 III. SAFE ROUTES TO SCHOOL FULTON AVENUE & COLONY ROAD CROSSING IMPROVEMENTS A. DEMOLITION
1. EXISTING PAVEMENT REMOVAL (5" A.C. OVER 10" A.B.) 9,090 SF $4.88 $44,359
2. GRIND & REMOVE EXISTING STRIPING 1 LS $2,500.00 $2,500 ----------------------------------
SUBTOTAL $46,859
B. STREET WORK
1. A.C. PAVEMENT (5" A.C. OVER 10" A.B.) 3,506 SF $8.00 $28,048
2. CONCRETE COBBLESTONE 2,222 SF $18.50 $41,107
3. 6" VERTICAL CURB & GUTTER 124 LF $33.25 $4,123
4. 6" VERTICAL CURB 925 LF $36.00 $33,300
5. 4.5" DRIVE OVER CURB & GUTTER 423 LF $45.75 $19,352
6. MEDIAN CURB TYPE "C" 128 LF $40.25 $5,152
7. CONCRETE SIDEWALK (4" P.C.C. OVER 4" A.B.) 1,094 SF $8.65 $9,463
8. ACCESSIBLE RAMP (MATERIALS + LABOR) 1 EA $2,500.00 $2,500
9. TRUNCATED DOMES 8 EA $750.00 $6,000
10. RECTANGULAR RAPID FLASHING BEACON 8 EA $10,000.00 $80,000 ----------------------------------
SUB-TOTAL $229,045
C. MISCELLANIOUS ITEMS
1. STRIPING & SIGNAGE 1 LS $10,000.00 $10,000
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SUB-TOTAL $10,000
SAFE ROUTES TO SCHOOL FULTON AVENUE & COLONY ROAD CROSSING IMPROVEMENTS TOTAL =====> $285,905 IV. SAFE ROUTES TO SCHOOL FULTON AVENUE & SANTOS AVE CROSSING IMPROVEMENTS A. DEMOLITION
2 $31,150
$376,627
$430,527
3.A.b
Packet Pg. 252 Attachment: Exhibit E_2025.10.07-NC13140-Meadowood - Offsite Fulton Avenue Preliminary Engineer's Estimate_Redline (4851 : Lennar
1. EXISTING PAVEMENT REMOVAL (5" A.C. OVER 10" A.B.) 9,147 SF $5.00 $45,735 ----------------------------------
SUB-TOTAL $45,735
B. STREET WORK
1. A.C. PAVEMENT (5" A.C. OVER 10" A.B.) 1,740 SF $8.00 $13,920
2. CONCRETE COBBLESTONE 5,050 SF $18.50 $93,425
3. 6" VERTICAL CURB 732 LF $28.00 $20,496
4. 4.5" DRIVE OVER CURB & GUTTER 299 LF $46.00 $13,754
5. TRUNCATED DOMES 6 EA $750.00 $4,500
6. RECTANGULAR RAPID FLASHING BEACON 6 EA $10,000.00 $60,000 ----------------------------------
SUB-TOTAL $206,095
UNIT
ITEM DESCRIPTION QUAN. UNIT COST AMOUNT
C. MISCELLANEOUS ITEMS
1. STRIPING & SIGNAGE 1 LS $10,000.00 $10,000
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SUB-TOTAL $10,000
SAFE ROUTES TO SCHOOL FULTON AVENUE & SANTOS AVE CROSSING IMPROVEMENTS TOTAL =====> $261,830 V. SAFE ROUTES TO SCHOOL FULTON AVENUE & CINDY DRIVE CROSSING IMPROVEMENTS A. DEMOLITION
1. EXISTING PAVEMENT REMOVAL (5" A.C. OVER 10" A.B.) 915 SF $5.00 $4,575
2. GRIND & REMOVE EXISTING STRIPING 1 LS $2,500.00 $2,500
3. DEMOLISH EXISTING CURB AND GUTTER 125 LF $6.10 $763
4. DEMOLISH EXISTING CONCRETE RAMPS 348 SF $6.10 $2,123 ----------------------------------
SUB-TOTAL $9,960
B. STREET WORK
1. A.C. PAVEMENT (5" A.C. OVER 10" A.B.) 445 SF $8.00 $3,560
2. 6" VERTICAL CURB & GUTTER 138 LF $35.00 $4,830
3. ACCESSIBLE RAMPS (MATERIALS + LABOR) 2 EA $1,350.00 $2,700 ----------------------------------
SUB-TOTAL $11,090
C. MISCELLANEOUS ITEMS
1. STRIPE CROSSWALK AND STOP BAR 1 LS $10,000.00 $10,000 ----------------------------------
SUB-TOTAL $10,000
SAFES ROUTE TO SCHOOL FULTON AVENUE & CINDY DRIVE CROSSING IMPROVEMENTS =====> $31,050 FULTON AVENUE SUBDIVISION FRONTAGE IMPROVEMENTS TOTAL =====> $1,250,226 FULTON AVENUE CALVARY REFORMED CHURCH FRONTAGE IMPROVEMENTS TOTAL =====> $892,306 SAFE ROUTES TO SCHOOL CROSSING IMPROVEMENTS TOTAL =====> $578,785 20% CONSTRUCTION CONTINGENCY =====> $544,263
GRAND TOTAL CONSTRUCTION COST INCLUDING CONTINGENCY =====> $3,265,580 3 $430,527
$2,711,446
3.A.b
Packet Pg. 253 Attachment: Exhibit E_2025.10.07-NC13140-Meadowood - Offsite Fulton Avenue Preliminary Engineer's Estimate_Redline (4851 : Lennar City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 10/14/2025
Subject: Reschedule November City Council Meeting
DISCUSSION/ANALYSIS:
The November City Council meeting falls on November 11, 2025, which coincides with the Veterans Day holiday.
If the City Council would like to reschedule this meeting, below are options to consider:
Monday, November 10
Tuesday, November 18
Please provide direction regarding the November City Council meeting. Once a date is confirmed, staff will notify the public via the website and a Nixle will be sent out regarding the change.
3.B
Packet Pg. 254