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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.
THIRD AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
THIS THIRD AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (“Third Amendment”) is made and entered into as of _____________, 2026 (“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 and that certain Second Amendment to Subdivision Improvement Agreement dated October 14, 2025 and recorded in the official records of San Joaquin County as Document No. 2025-094141 on November 3, 2025 (together, the “SIA”).
B. City and Developer desire to amend the SIA to permit building permits to be issued and purchase and sale agreements to be entered into prior to completion and acceptance of all Improvements and terms related to access to the Project Area prior to City acceptance of the Improvements.
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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 Third 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.
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 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, Developer shall not close any transactions for and/or 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 28:
“28 Indemnification. Developer desires to open the Project Area to potential homebuyers prior to all Improvements being completed and accepted by the City and agrees to the following indemnity provisions to address City concerns related to liability for such access. Developer hereby releases and agrees to indemnify, hold and save Error! Unknown document property name.
City, its officers, and employees, harmless from any and all claims, demands, costs, losses, damages, injuries or liability, including attorney’s fees, howsoever caused, to the extent related to Developer’s invitee’s (including without limitation potential homebuyers) access to the Project Area that occurs prior to the date the City accepts all the Improvements. Developer shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault, active negligence, gross negligence or willful misconduct of City, inclusive of its officers, employees, and agents.
ARTICLE III.
MISCELLANEOUS
Section 3.1 Ratification. Except as expressly modified by this Third Amendment, the SIA remains in full force and effect.
Section 3.2 Recordation. The Third Amendment shall be recorded in the Official Records of San Joaquin County within a reasonable time after the Amendment 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.
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
Gary Barton, 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 _________________, 2026, 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
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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 _________________, 2026, 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