RECORDING REQUESTED BY AND SPACE BELOW FOR RECORDER'S USE WHEN RECORDED MAIL TO: Exempt from recording fee per Gov. Code § 27383.
City of Rilia Avenue
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") for the PEREIRA SUBDIVISION is made and entered into in the City of Ripon, County of San Joaquin, State o 'alifornia, this 12th day of May , 2026, by and between the CITY OF RIPON, a municipa corporation of the State of California, hereinafter called "City" and JKB LIVING, INC., hereinafter called "DEVELOPER".
WITNESSETH
This Agreement is entered upon the basis of the following facts, understandings and intentions of the City and the Developer.
WHEREAS, On March 10, 2020, the Ripon City Council, pursuant to Ripon Municipal Code Title 16, Chapters 16.48, 16.68, 16.60 and 16.96, approved the project with conditions (Planning Application #A19-01, #Z19-01, #DA19-01 & #S19-01) for an area located at 22898 N. Ripon Road and 22874 N. Ripon Road, Ripon, CA and identified as San Joaquin County Assessor's Parcels numbered 261-210-08 & 261-210-09 (the "Project Area").
WHEREAS, Developer is required, as a condition of approval of the Development Agreement, to construct certain public improvements and/or provide certain Guarantees, in such form and amounts as are deemed sufficient by the City Engineer and the City Attorney of the City of Ripon to cover the cost of said improvements, as indicated in the Development Agreement including maintenance thereof, and certain other Guarantees, all as required by the applicable Urdinances of the City, and as agreed upon by the parties to this Agreement; and WHEREAS, access to and utilities for the project, if necessary, will be provided from Boesch Drive, John Roos Avenue, and N. Ripon Road, and
WHEREAS, Developer recognizes its responsibility to comply with the Conditions of Approval and the provisions of such Ordinances and the other requirements of the City, and of any other governmental agency, the consent and approval of which may be required in connection witi any of the work to be performed under this Agreement.
NOW, THEREFORE, IT IS AGREED by and between Developer and City as follows:
Subdivision
Pereira Subdivision
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1. Installation of Improvements Developer agrees to prepare and submit "Improvement Plans" to the City Engineering Department for review, approval and signature prior to beginning construction. Developer agrees to construct and complete all required improvements for the Pereira Subdivision (the "Improvements") all in accordance with the improvement plans as approved in writing by the Ripon City Engineer.
Without limiting the generality of the foregoing, Developer agrees all Improvements shall comply with the Conditions of Approval of the Development Agreement DA19-01 dated April 14, 2020, attached hereto as "Exhibit A" and the conditions of the approved Tentative Subdivision Map #S19- 01 attached hereto as "Exhibit B". Developer agrees to construct full street and utility improvements including but not limited to curbs, gutters, sidewalks, sanitary sewer, storm drains, water lines, landscaping, and all public utilities, including gas, electricity, telephone, and internet, which may be required by the City Engineer and the City Development Standards.
The City shall withhold issuance of building and zoning permits for all single-family units, except for model homes as approved by the City, until the Improvements have been completed and accepted by the City.
Developer agrees at no cost to the City to provide a set of construction Record Drawings to the City, on 3 mil Mylar, and a copy of the final map and Record Drawings in an AutoCAD and PDF electronic format, prior to final acceptance of the improvements.
2. Improvement Security 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 $1,773,901.80, for the estimated cost of improvements within the City's current right-of-way. 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 as shown on the approved improvement plans and accompanying cost estimate, attached hereto as "Exhibit C", as approved by the Ripon City Engineer.
3. Use of Improvement Security In the event that Developer shall fail to complete any of the improvements enumerated above, or any part thereof in accordance with the provisions of this Agreement, the Conditions of Approval of the Development Agreement DA19-01 dated April 14, 2020, and other applicable Ordinances of the City of Ripon, or laws applying thereto, and the Plans therefore, within two years of the date of this Agreement, the City, upon thirty (30) days prior written notice to Developer, shall have the immediate right to take over and complete the same, and shall have the further right to immediately call upon the guarantor, bank, or surety company of Developer for reimbursement of its costs, or to appropriate from the cash deposit or any other financial instrument made or given by Developer to City as a guarantee hereunder, sufficient monies for complete reimbursement to the City of any and all reasonable costs which may be incurred by City in connection with the completion of any of the improvements or agreements, as hereinabove set forth. Any excess of such cash or other deposits or bond over and above all costs incurred by the City to complete the same, shall be refundable to Developer, or any applicable guarantor, bank or surety company. If the total amount of such costs of improvements expended by City exceeds the amount of any such cash or other deposit or bond previously posted by the Developer, the Developer shall immediately become personally liable to City for any such additional sum, and shall immediately pay the excess cost to City within thirty (30) days after written demand made therefore by City. City will release the Improvement Security upon final acceptance of the Improvements and receipt of the Maintenance Bond described in Section 4 below. hd
bdivisi t
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4. Warranty Bond for City Improvements Developer shall deliver to City at the time of the final acceptance by City of any of the improvements, a warranty bond or bonds, or other satisfactory form of security, in the amount of $443,475.45, which shall continue in force for a period of one (1) year after completion and final acceptance by City to guarantee City the satisfactory performance, functioning, and repair of the improvements constructed by Developer and accepted by City hereunder. The bond may be either in the form of a cash deposit, certified check, certificate of deposit, letter of credit payable to the City of Ripon, or other satisfactory evidence of financing, or a surety bond executed by a surety company authorized to transact business in the State of California and satisfactory in form to the City Attorney. Should any of the improvements constructed hereunder fail in any manner to properly function and perform, and require maintenance, repair, or rebuilding for any reason related to the quality of the work or material during the one (1) year period as set forth by the City Council for the continuance of the warranty bond, and should Developer fail after thirty (30) days' written notice by City to immediately remedy and repair any such malfunction or defect, City shall have the immediate right to correct the deficiency and call upon the surety for reimbursement for any of the costs expended by City to properly maintain, repair, or rebuild the improvements, or shall have the absolute right to appropriate from any cash or other deposits of Developer hereunder sufficient sums for reimbursement to the City of any costs which the City may have expended in connection with the repair or maintenance of any of the improvements. Any excess of such cash or other deposits or bonds over all costs incurred by the City in connection with any repair, maintenance, or rebuilding shall be refunded to the Developer or any applicable guarantor, bank of Surety Company upon the expiration of the one (1) year period of warranty as herein provided. If the total costs exceed the amount of such cash, deposits, or bonds, the Developer shall become personally liable to the City for any such additional sum, and shall immediately pay such excess cost to City within (30) days after written demand by the City therefore.
For avoidance of doubt, Developer shall not be responsible for ordinary maintenance of the Improvements not related to the quality of the work or material after acceptance of the Improvements.
Sild sister
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Development Fees Developer further agrees to pay to City, simultaneously with the signing of this Agreement, the following development fees based on the improvement plans and accompanying cost estimate attached to as "Exhibit C
A Inspection Fee (3% of Imp. Cost) $53,217.05
B Plan Checking Fee (3% of Imp. Cost) $53,217.05
C Mapping/GIS Fee (1% of Imp. Cost) $17,739.02
D Preparation of Subdivision Improvement Agreement Fee $1,000.00 E Benefit Assessment District Fee $109,406.30
F Wireless Government Network $12,985.20
G Affordable Housing In-lieu Fee $30,503.00
H Milgeo Planning District Lateral "V" Improvement Fee $191,766.35 I Habitat Mitigation $153,592.65
Total Development Fees $623,426.63
7/15/24 Check# 5333 -$1,000.00
9/18/25 Check#5994 -$136,733.00
TOTAL DEVELOPMENT FEES DUE $485,693.63
Please note that there may be other applicable fees such as storm water development permit fees, survey monument preservation fees, and/or building fees associated with the project that need to be paid separately at the time of each corresponding permit issuance.
Sullitha
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6. City Inspection and Approval The construction of all Improvements hereunder are at all times subject to the inspection and final approval of the Ripon City Engineer or any other designated inspector of City, including the final inspection thereof, and their decision shall be conclusive as to the satisfactory completion of the improvements. In addition, in the implementation of this Agreement, any discharge by Developer of any storm drainage water into the Stanislaus River shall also be subject at all times to such further approval as may be required of any governmental agencies having jurisdiction over any such discharge.
7. Extensions No extension of time or release of surety bond, cash, or other deposit shall be made except upon a certification of the Ripon City Engineer or other designated engineer of work, that the work performed and covered by this Agreement and guaranteed by the Faithful Performance Improvements Bonds or any cash deposits required hereunder has been satistactorily completed, approved, and finally accepted by the Ripon City Council.
Assignment It is agreed that, until completion of the required Improvements and final acceptance by City, Developer shall not have the right to transfer or assign this Agreement or to transfer or assign any right, title, and interest in any of the real property on which the Improvements are to be constructed to any third person or persons, without first obtaining the prior written consent by City to any such transfer, which consent may be withheld or conditioned in the absolute discretion of City. In any event, no sales or transfer of interest in any of the individual residential lots created by Pereira Subdivision final maps shall occur until all improvements contemplated hereunder for inclusion in the Pereira Subdivision respectively shall have been first completed by Developer and accepted by City or Developer has received written consent from City to transfer said lots.
9. Attorney's Fees In the event it becomes necessary to enforce any of the provisions of this Agreement by Court action, the prevailing party shall be entitled to reasonable attorney's fees as may be awarded by a Court of competent jurisdiction.
Insurance Developer agrees to provide the City evidence showing the City listed as an additional insured by Developers insurance carrier, the general contractor's and sub-contractor's insurance carriers.
11. Geotechnical Report Developer, at its sole expense, shall provide the City Engineering Department with a Geotechnical Report for the Improvements, in a form satisfactory to the City Engineer.
Boundary Encroachments Developer shall resolve any boundary encroachment problems prior to recording the Final Map.
13. Wireless Government Network Developer agrees to provide its proportionate share of equipment and installation costs to provide City Wireless Government Access Points/Routes or other necessary equipment reasonably necessary to provide government access in the Project Area to the City of Ripon Wireless Government Network. City shall provide the current specifications and equipment needed, and the Developer shall pay $12,985.20 for their fair share of costs of such equipment simultaneously with the signing of this Agreement. If City requests equipment intended to provide access to property outside the Project Area, Developer shall not be responsible for the increased cost associated with providing access beyond the Project Area. 5| Page
14. Affordable Housing in-lieu Fee The Developer has opted to build four (4) affordable housing units within the development pursuant to the City of Ripon's BMR Plus Affordable Units with Down Payment Assistance program (RMC Chapter 16.194 section
16.194.050) and pay an in-lieu fee of $30,503.00 for the 0.7 fractional requirement of one affordable unit.
Air Pollution Permitting Developer acknowledges and agrees to comply as applicable, with San Joaquin Valley Air Pollution Control District Rule 8021 - Construction, Demolition, Excavation, Extraction and Other Earthmoving Activities, which requires the owner or operator of a construction project to submit a Dust Control Plan to the District if at any time the project involves:
• Residential developments of ten or more acres of disturbed surface area, • Non-residential developments of five or more acres of disturbed surface area, or • Moving, depositing, or relocating of more than 2,500 cubic yards per day of bulk materials on at least three days of the project.
• See Website for more details: www.valleyair.org
16. Water Metering Devices The Developer shall install a self-reporting water meter system, meter setting device and meter box as approved by the City Engineer. The self-reporting water meter system shall be of similar type and approved by the City Engineer. Water Meters are required at time of final inspection of home construction.
17. LED Street Lights The Developer shall install LED street lights as approved by the City Engineer.
18. Joint Trench Utilities The joint trench shall include electric, gas, and tele- communications infrastructure. The Developer shall submit the joint trench plans to the City Engineer for approval of an Encroachment Permit prior to installing the joint trench infrastructure in compliance with the City's municipal code.
19. Storm Water Development Standards Developer agrees to develop the site in accordance with the most current City of Ripon Storm Water Development Standards. The Operation/Maintenance Plan and Statement of Responsibility shall be recorded prior to final acceptance of improvements.
20. San Joaquin County Multi-Species Habitat Conservation and Open Space Plan Fee (Habitat Mitigation Fee) Developer agrees to pay a Habitat Mitigation fee as contemplated in the Development Agreement. The fee as of January 1, 2026 is $153,592.65 and shall be paid at the time of execution of the Subdivision Improvement Agreement.
21. Milgeo Planning District Lateral "V" Improvement Fee Developer agrees to pay their proportionate share of the Milgeo Planning District Lateral "V" underground improvements as contemplated in the Development Agreement. The fee as of January 1, 2026 is $191,766.35 and shall be paid at the time of execution of the Subdivision Improvement Agreement.
22. Agricultural Land Conversion Fee Developer agrees to enter into an agreement with either the California Farmland Trust or the City of Ripon requiring 1:1 mitigation for loss of prime farmland for the development of a 17.19-acre housing project as contemplated in the Development Agreement. Such agreed upon farmland mitigation fee shall be paid prior to City acceptance of improvements.
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23. Fee Protest Developer hereby waives any right to protest and/or subsequently to bring legal action against the City challenging the amount and/or manner of imposition of development related fees as set forth in this Agreement.
24. Agreement This Agreement shall not become effective until Developer executes this Agreement, furnishes the Faithful Performance Improvement Bond and Labor and Materials Bond or other security required by this Agreement, pays the Developer fees and obtains all required signatures on the Final Map as necessary for recordation of the Final Map.
IN WITNESS WHEREOF, the parties have hereunder set their hand the day and year first above written.
"CITY" "DEVELOPER"
CITY OF RIPON, a Municipal Corporation JKB LIVING, INC. *By
Gary Barton, Mayor
Attest
Lisa Roos, City Clerk
* Signature(s) must be accompanied by an
attached notary acknowledgement
Subdivisiculinprol
Tar
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ACKNOWLEDGEMENT
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 Stanislaus
On May 5, 2026 before me, Michelle Lane Silva _ Notary Public personally appeared James K. Brenda
who proved to me on the basis of satisfactory evidence to be the person(s) whose namefs) Blare subscribed to the within instrument and acknowledged to me that he she/they executed the same in is/ber/their authorized capacity(ies), and that by Gisther/their signaturefs) on the instrument the personts), 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. MICHELLE LANE SILVA COMM. #2461835
NRO1 Notary Public - California o
WITNESS my hand and official seal. Stanislaus County
My Comm. Expires Sep. 28, 2027(
signaure Min for Sin (seal)
ACKNOWLEDGEMENT
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 before me, , Notary Public
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) 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.
Signature (seal)
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