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HomeMy WebLinkAboutRecorded Doc 2023-017 00 P-3-al4- RECORDING REQUESTED BY:CITY CLERK 2023-0064097 03/06/2023 05:00 PM Fee: $ 0.00 WHEN RECORDED RETURN TO: Page 1 of 17 CityClerk Recorded in Official Records County of Riverside City of Cathedral City Peter Aldana Assessor-Countyd it 68-700 Avenida Lalo Guerrero ,Clerk-Recorder Cathedral City, CA 92234 'III IREMMIC EF1III SPACE ABOVE THIS LINE FOR RECORDER'S USE TERMINATION, RELEASE AND ASSUMPTION AGREEMENT BY AND BETWEEN PALM SPRINGS CLASSIC, LLC, EMP1, LLC, AND THE CITY OF CATHEDRAL CITY TRACT NO. 32558 THIS TERMINATION, RELEASE AND ASSUMPTION AGREEMENT ("TRA Agreement") dated , 2022, for reference purposes only, is entered into by and among Palm Sp ings Classic, LLC, a Delaware Limited Liability Company (hereinafter "P.S. Classic), EMP1, LLC, a California Limited Liability Company (hereinafter "EMP1") and the City of Cathedral City, a municipal corporation (hereinafter "City"). P.S. Classic, EMP1 and City may hereinafter sometimes be referred to individually as a "Party" or collectively as "Parties". RECITALS A. The City and P.S. Classic entered into a certain Subdivision Improvement Agreement dated November 9, 2005, for public and private improvements within Tract No. 32558 ("Original Improvement Agreement"). A legal description and sketch of Tract No. 32558 marked Exhibit "A", is attached hereto and made a part hereof. B. The Original Improvement Agreement provided, among other things, for the installation and completion, at P.S. Classic's expense, of certain public and private improvements required by the City in connection with the approval of the final tract map for Tract No. 32558, located in the City of Cathedral City, California (the "subdivision"). C. In accordance with the terms of the Original Improvement Agreement, P.S. Classic posted certain improvement securities with the City to secure the construction and completion of the public and private improvements in Tract No. 32558. D. Section 1.(b) of the Original Agreement required that all of the public and private improvements work described in said Agreement was to have been completed by P.S. Classic within twelve (12) months of the date of approval of the final map of Tract No. 32558 by the City Council of the City of Cathedral City, which occurred on November 9, 2005, or by the date of final inspection of the last four (4) single family residences built on the lots within Tract No. 32558, whichever date came first. But not all of such improvements as required by the original Agreement were completed by that time. E. Section 21 of the Original Agreement provides that for good cause, the time for completion of the improvements may be extended. P.S. Classic did request additional time in which to complete the remaining improvements within Tract No. 32558, and the City did consent to such extensions, as evidenced in Amendments No. 1 through 8, inclusive, to the Original Agreement. The dates of each of said Amendments and their recordation information are listed in Exhibit"B", which is attached hereto and made a part hereof. F. Pursuant to the Grant Deed recorded on October 7, 2021, as Instrument No. 2021-0596434, in Official Records of Riverside County, California, ownership of all the lots within Tract No. 32558 was conveyed to EMP1, which Grant Deed is incorporated herein by this reference.. G. Paragraph 19 of the Original Improvement Agreement provides that upon the sale, transfer or other disposition of all or any portion of the subdivision prior to completion of the improvements, P.S. Classic may request a Novation of the Original Improvement Agreement, or other such release or assignment and assumption agreement and a substitution of securities by the new owner or assignee (hereinafter collectively for purposes of this section, "Successor"). P.S. Classic hereby requests that certain of its interests and obligations in Tract No. 32558 be transferred to and assumed by EMP1. H. P.S. Classic has agreed to continue to be responsible for the completion of certain Public improvements within Tract No. 32558, namely the completion of all public improvements on and related to Diamond Road (Lot "A" of said Tract No. 32558) and in accordance with Paragraph 21 of the Original Improvement Agreement has requested an extension of time in which to complete said improvements. I. EMP1 has agreed to assume all other remaining public and private improvement obligations related to all other lots in Tract No. 32558 as contained in the Original Improvement Agreement and all its Amendments, and EMP1 has agreed to perform the same in accordance with a new improvement agreement with the City, which new improvement agreement is to be executed by EMP1 together with this TRA agreement (the "New Improvement Agreement"). J. The City Council of the City finds that it serves the best interests of the City and benefits the public to (a) grant an extension of time to P.S. Classic for the completion of the public improvements on Diamond Road, and to approve the execution of Amendment No. 9 to the Original Improvement Agreement for such purpose; and (b)to acknowledge EMP1 as the Successor party to all other of the interests of P.S. Classic under the Original Improvement Agreement and Amendments as they relate to public and private improvements associated with the lots and streets in Tract No. 32558, and that recognizing EMP1 as the new developer under the New Improvement Agreement will facilitate completion and administration of the remaining improvement work in Tract No. 32558. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Section 1: RECITALS The Recitals set forth above are true and correct and are hereby incorporated into this TRA agreement by this reference as though set forth completely herein. Section 2: EFFECTIVE DATE OF AGREEMENT (a) This TRA Agreement shall only become effective as to the assumption of obligations related to all the lots and streets within Tract No. 32558 as of the date all of the following have occurred: (1) All parties have executed this TRA Agreement; (2) EMP1 has executed the New Improvement Agreement; and (3) EMP1 has provided new improvement bonds and securities satisfactory to the City in accordance with Section 2 of the New Improvement Agreement; and (4) P.S. Classic has executed Amendment No. 9 to the Original Improvement Agreement and the remaining work on Diamond Road has been secured by their posting of sufficient improvement security. (b) Should EMP1 fail to execute the New Improvement Agreement or should P.S. Classic fail to execute Amendment No. 9 to the Original Improvement Agreement, and/or should either party fail to provide the required new improvement bonds and securities within the time limit prescribed therein, and following the expiration of any applicable cure period, this TRA shall be of no force or effect and P.S. Classic shall remain liable for the performance under the terms of the Original Improvement Agreement and Amendments. The foregoing notwithstanding, any failure of EMP1 to timely execute the new Improvement Agreement or for P. S. Classic to timely execute Amendment No. 9 or for either party to fail to provide the new improvement securities will be deemed a default under this TRA Agreement, and entitle the other Parties to exercise, against EMP1, or P.S. Classic, as the case may be, any and all rights and remedies on default as contemplated by Section 12 herein. Section 3. WAIVER OF RIGHTS As of the Effective Date, P.S. Classic confirms the transfer of the obligations of the Original Improvement Agreement and Amendments to EMP1 as they pertain to the public and private improvements related to all the lots and streets within Tract No. 32558, excepting Diamond Road, and waives any claims and rights against the City that it now has or may have in the future in connection with the Original Improvement Agreement and Amendments, with the exception of P.S. Classic's right to receive/refund of its securities on the terms and conditions set forth herein. Section 4. OBLIGATIONS OF EMP1 AND PALM SPRINGS CLASSIC (a) As of the Effective Date, EMP1 shall be bound by and perform the obligations pertaining to all the lots and streets within Tract No. 32558 in accordance with the terms and conditions of the New Improvement Agreement and this TRA agreement, including without limitation: (1) completing the remaining and/or partially completed public and private improvements and setting missing property corners and survey monuments; (2) providing new improvement securities and (3) assuming all obligations and liabilities with respect to said lots and improvements arising after the Effective date of this TRA Agreement. (b) As of the Effective Date, P. S. Classic shall be bound by and perform the obligations pertaining to the completion of the improvements on Diamond Road, within Tract No. 32558 in accordance with the terms and conditions of Amendment No. 9 to the Original Improvement Agreement and this TRA Agreement, including without limitation: (1) completing the remaining and/or partially completed public improvements on Diamond Road and setting any missing survey monuments and centerline ties; (2) providing new or amended improvement securities and (3) assuming all obligations and liabilities with respect to Diamond Road improvements arising after the Effective date of this TRA Agreement. Section 5. CITY'S RECOGNITION OF EMP1 AS SUCCESSOR-IN-INTEREST As of the Effective Date of this TRA Agreement, the City shall recognize EMP1 as the Successor-in-Interest to P.S. Classic under the terms and conditions set forth herein and in the New Improvement Agreement, as they pertain to all the lots and streets within Tract No. 32558. Except as otherwise set forth herein or in the New Improvement Agreement, EMP1 shall further become entitled to all remaining rights, title and interests of P.S. Classic under the Original Improvement Agreement and its Amendments as if EMP1 had been the original principal under the said Original Improvement Agreement. Section 6. RELEASE; REMAINING OBLIGATIONS As of the Effective Date of this TRA Agreement, and with the exception of those liabilities and performance obligations related to the completion of the Diamond Road improvements, P.S. Classic shall be released from those remaining liabilities and performance obligations under the Original Improvement Agreement and its Amendments, which EMP1 assumes and undertakes pursuant to the terms of the New Improvement Agreement, or any future amendment thereof. Notwithstanding the foregoing, in no event shall P.S. Classic be released from any liabilities or claims arising from (or which may arise from) work completed or actions taken by P.S. Classic with respect to the portions of Tract 32558 assumed by EMP1 prior to the Effective date of this TRA Agreement, including without limitation, liabilities or claims for injuries to public improvements/property/utilities or defective work.. Section 7. RELEASE OF SECURITIES TO P. S. CLASSIC (a) Section 2 of the Original Improvement Agreement required P.S. Classic to maintain security for the performance of certain work in Tract 32558 which security was modified in amount and surety company by Amendments to the original . Improvement Agreement, and remain at this time in the following forms and amounts: (1) To assure faithful performance of the terms and conditions of the Original Improvement Agreement, a corporate surety bond issued by Ohio Casualty Insurance Company, Bond # 839718-S, in the amount of $ 764,249 (the "Performance Bond"); (2) To secure payment for labor and materials, a labor and materials bond issued by Ohio Casualty Insurance Company, Bond # 839718-S, in the amount of $ 601,900 (the "Labor & Materials Bond"); (3) To guarantee payment of the estimated cost of setting required lot corners and survey monuments, a surety bond issued by the Ohio Casualty Insurance Company, Bond # 839719-S, in the amount of $ 7,500 ( the "monumentation bond"); (b) The securities previously posted and/or required to be posted by P.S. Classic as detailed above shall be refunded, released or reduced by the City in accordance with the provisions of the Original Improvement Agreement, this TRA Agreement and Amendment No. 9 to the Original Improvement Agreement, to amounts required to guarantee completion of the improvements on Diamond Road, per all applicable subdivision laws as follows: Within fourteen (14) days of the execution of this TRA Agreement, the New Improvement Agreement and Amendment No. 9 by the parties, and after the posting of substitute securities by EMP1 and their approval, the City will authorize the release or reduction of the above P.S. Classic Performance bond, Labor and Materials Bond, and Monumentation Bond. Section 8. TERMINATION OF ORIGINAL IMPROVEMENT AGREEMENT As of the effective Date of this TRA Agreement, all those public and private improvement obligations contained in the Original Improvement Agreement and Amendments with P.S. Classic pertaining to all the lots and streets within Tract No. 32558, with the exception of those pertaining to the completion of Diamond Road, shall terminate and be of no further force or effect, except for any obligations and liabilities which by their own terms are intended to survive termination of the Original Improvement Agreement. Section 9. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to any other Party, or any successor-in-interest, in the event of any default or beach by the City of any obligation of the terms of this TRA Agreement. Section 10. ENFORCEMENT OF AGREEMENT Except as specifically limited by the terms of this TRA Agreement, any party to this TRA Agreement shall have the right to enforce, by proceedings at law or in equity, all rights, terms and conditions now or hereafter imposed or created by the provisions of this TRA Agreement, or any amendment thereto, including the right to prevent the violation of any such rights, terms and conditions and the right to recover damages for such violation. Section 11. COOPERATION; FURTHER DOCUMENTATION AND ASSURANCES Each party shall cooperate in good faith and timely deliver any such documents and instruments, and shall take other such actions as may be reasonably required or appropriate to evidence or carry out the intent of this TRA Agreement. Section 12. DEFAULT (a) Failure or delay by any party to this TRA Agreement to perform any material term or provision of this TRA Agreement shall constitute a default under the TRA Agreement, provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such Party shall not be deemed to be in default hereunder. (b) Notwithstanding the provisions of Section 12(a), any failure by P. S. Classic to execute Amendment No. 9 or by EMP1 to execute the New Improvement Agreement and/or post new securities as required in Section 2 hereof and Section 2 of the new Improvement Agreement, shall be subject to a ten (10 ) business day cure period. (c) The Party which may claim that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided; however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written notice, as specified herein. (d) Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. (e) In the event that a default of any Party to this TRA Agreement may remain uncured for more than fifteen (15) calendar days (or ten (10) business days in the event of a default specified in Section 12(b) hereof) following written notice as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured Party shall be entitled to seek any appropriate remedy of damages by initiating legal proceedings. Section 13. CUMULATIVE REMEDIES All rights, options, and remedies of the Parties under this TRA Agreement are cumulative, and no one of them shall be exclusive of any other, and the Parties hereto shall have the right to pursue any one or all of such rights, options and remedies, or any other remedy or relief that may be provided by law, whether or not stated in this TRA Agreement. Section 14. WAIVER (a) No waiver shall be binding as to any provision of this TRA Agreement, unless executed in writing by the Party making the waiver. (b) No waiver of any provision of this TRA Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. (c) Failure of any Party to enforce any provision of this TRA Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this TRA Agreement. (d) Except as expressly provided in this TRA Agreement, nothing herein shall be construed as a waiver of any rights of the City against P.S. Classic. Section 15. NOTICE Any notice that any party may desire to give to another party must be in writing and shall be given by personal delivery, by overnight courier delivery or by mailing the same by registered or certified mail, return receipt requested, to the Party to whom the notice is directed at the address of such Party hereinafter set forth, or at such other addresses as the Parties may hereinafter designate in writing. Any notice given by mail shall be deemed given forty-eight (48) hours after such notice is deposited in the United States Mail, addressed as provided, with postage fully prepaid. Notice by overnight courier service (e.g. Fed Ex) shall be deemed given the next business day after deposited with the courier service. If to P.S. Classic Palm Springs Classic, LLC do Lennar Homes of California- Inland Division 980 Montecito Drive, Suite 206 Corona CA 92879 Attn: William Sacriste, Dir. Of Forward Planning Phone: 951-767-0274 E-mail: William.Sacriste@lennar.com With copy to: If to EMP1: EMP1, LLC South Coast Corporate Center 3080 Bristol Street Sixth Floor, Suite 630 Costa Mesa CA 92626 Attn: Jeffrey S. Benice, Manager Phone: 714-641-0507 E-mail: jeffreybenice@jeffreybenice.corn With copy to: If to City: City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City CA 92234 Attn: City Manager With copy to: City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City CA 92234 Attn: Director of Engineering Section 16. ENTIRE AGREEMENT This TRA Agreement represents the entire agreement of the Parties specifically relating to the termination, release and assumption of duties with respect to the Original Improvement Agreement, and with the exception of the New Improvement Agreement required to be executed with EMP1 and the City, and Amendment No. 9 to the Original Improvement Agreement required to be executed by P. S. Classic, does not affect, alter amend or terminate any other agreements by and between the Parties. Section 17. MODIFICATIONS AND AMENDMENTS This TRA Agreement may be modified or amended only by a written instrument signed by all Parties. Section 18. SEVERABILITY If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this TRA Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein. Section 19. NOT AGENT OF THE CITY The Parties shall in no event be deemed to be partners of one another by reason of the terms of this TRA Agreement, nor shall P.S. Classic, EMP1 or any of their respective agents, employees, or contractors be considered agents of the City under the terms hereof. Section 20. ATTORNEY'S FEES If any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this TRA Agreement or as the result of any alleged breach of any provision of this TRA Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof. Section 21. GOVERNING LAW This TRA Agreement is deemed to have been made in the State of California, and its interpretation, its construction and the remedies for its enforcement or breach are to be applied pursuant to, and in accordance with the laws of the State of California for contracts made and to be performed therein. Section 22. VENUE All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this TRA Agreement and all proceedings involving any enforcement action related to this TRA Agreement shall be initiated and conducted in the applicable court of forum in Riverside County, California. Section 23. COUNTERPARTS This TRA Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. Section 24. LEGAL ADVICE The Parties hereto represent and warrant the following: (1) They have carefully read this TRA Agreement, and in signing this TRA Agreement and/or agreeing to be bound by same, they do so with full knowledge of any rights which they may have; (2) they have received independent legal advice from legal counsel as to the matters set forth in the TRA Agreement, or have knowingly chosen not to consult legal counsel as to the matters within this TRA Agreement; and (3) they have freely signed this TRA Agreement and/or agreed to be bound by it without any reliance upon any agreement, promise, statement or representation by or on behalf of the City, or its respective agents, employees, officers or attorneys, except as specifically set forth in this TRA Agreement (and/or where applicable set forth in the New Improvement Agreement), and without duress or coercion, whether economic or otherwise. This TRA Agreement shall be interpreted as though prepared jointly by all parties. Section 25. REPRESENTATIONS OR PERSONS EXECUTING AGREEMENT Each individual executing this TRA Agreement represents that he or she is duly authorized to execute and deliver this TRA Agreement on behalf of the Party for which he or she is signing, and that this TRA Agreement is binding upon the Party for which he or she is signing in accordance with its terms. (Signatures follow on next page) / / / / / IN WITNESS WHEREOF, the Parties have executed this TRA Agreement as of the dates set forth below. "P.S. Classic: PALM SPRINGS CLASSIC, LLC A Delaware Limited Liability Company By: Lennar Homes of California, Inc., A California Corporation, as Its Managing Member By: �r- ��o�ky� Sm'►th v'\ta VVISIMANk Printed namti CIVAlableg- Date "EMP1": EMP1, LLC A California Limited Liability Company By: Jeffrey S. Benice, Manager Date "City": CITY OF CATHEDRAL CITY A M is -I Corpor tion By Charles P. McClendon Date City Manager ATTEST: ILeA, R. tic- Tracey m sillo, CMC City Clerk APPROV A T ORM. APPROVE AS TO C NTENT: City Attorney Direc or •f Engineering NOTARY 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 i2 lv'CAS(r ) On 0 1 3o- ac3 , before me k . shad-iv, ,a notary public, personally appeared 6eo V ( `j SY)11 .fr ,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 if which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r'�"�''`v► . `?ti KIM sTRUTTON yY : Notary Public•California Riverside Countyyt; Commission#2405490 Comm.Expires Mav 24,2026 (SEAL) Signature IN WITNESS WHEREOF, the Parties have executed this TRA Agreement as of the dates set forth below. "P.S. Classic: PALM SPRINGS CLASSIC, LLC A Delaware Limited Liability Company By: Lennar Homes of California, Inc., A California Corporation, as Its Managing Member By: Printed name Date "EMP1": EMP1, LLC A California Limit d Liability Compan - By: Je y S. Benice, Manager l Date 'P-e Ckt4ac 4j i, "City": CITY OF CATHEDRAL CITY A Muni` Corpor tion 044-161- Charles P. McClendon Date City Manager ATTEST: r(A,c,ki icov -,bautiti- Tracey R.Olermosillo, CMC City Clerk APPROVED A TO F • APPROV D S TO ONTENT: City Attorney Dir ct of Engineering 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 OcoY\ e OnCounty of ) OC1ko\ I \ Zbefore me,� 2 Dinorah Vidal, Notary Public (insert name and title of the officer) personally appeared J-e�-k-C e S. 'n\ �e who proved to me on the basis of satis actory evidence to be the person(s)-whose name(srjisje subscribed to the within instrument and acknowledged to me that he/site/tt y executed the same in his/ /theeir authorized capacity(ies`), and that by his/hef/their signature(s) on the instrument the person(,), 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. t DINORAHVIDAL N ` ti: COMM.#2358614 73 „W _•w NOTARY FUBLIGCALIFORNIA N , ORANGE COUNTY I / ' MY COMM N EXP.MAY 23,2025 Signature 1 v (Seal) .. [ EXHIBIT "A" Legal Description of Real Property Subject to this Agreement Tract No. 32558 The "Property" In the City of Cathedral City, County of Riverside, State of California, being a portion of the Southwest quarter of Section 8, Township 4 South, Range 5 East, San Bernardino Meridian, more particularly described as: Lots 1 through 41, and Lettered Lots "A" through "I", all as shown on the map of Tract 32558, filed in Book 394, at Pages 81 through 85, inclusive, of Maps, in the office of the County Recorder of said County, The above lots are described in the Grant Deed recorded on October 7, 2021, as Instrument No. 2021-0596434, in Official Records of said Riverside County. Assessor Parcels: 675-530-001 through 047 M LA Bo a ! I 0 I 1 h 4 a;,-' ' ® ® As 4bh 1 ' of I s Q aw. i Yi'.. O 1 wog Q 3 CI it! O y VIO a.p O fi oa ca sill. fiQ O I F. ill) ; . 8 I 'N 0 , , A ® cob I c_,6 on Y R O _ i 1 on a 00 LA 01 fi hO K7t u fi § 0 !I fi40 P �aAO M .0 0 .a $0 '" z kR O k c p O Q s O . V Z X L - .H U. . O R k r ,u I J. . O 1 aC Ofi O J Y II W 0 Wen 5ggOa CI Q '' ` C U s a�I tree L•vs Y. P. Y 0 1 _ ii! Li. I..1 O u J NW °' oa 'Rr' 3 g EXHIBIT "B" "ORIGINAL IMPROVEMENT AGREEMENT AND AMENDMENTS TRACT NO. 32558 Original Improvement Agreement, entitled "Subdivision Improvement Agreement Tract No. 32558", dated November 9, 2005, on file in the office of the City Clerk Of the City of Cathedral City; not recorded. Amendment No. 1 to Subdivision Improvement Agreement: Dated April 20, 2009; not recorded. Amendment No. 2 to Subdivision Improvement Agreement: Dated July 21, 2011 and recorded on August 15, 2011, as Instrument No. 2011-0358018 Amendment No. 3 to Subdivision Improvement Agreement: Dated June 6, 2012, and recorded on June 20, 2012, as Instrument No. 2012-0284131 Amendment No. 4 to Subdivision Improvement Agreement: Dated April 11, 2013, and recorded on June 7, 2013, as Instrument No. 2013-0272898 Amendment No. 5 to Subdivision Improvement Agreement: Dated September 25, 2014, and recorded on October 9, 2014, as Instrument No. 2014-0386677 Amendment No. 6 to Subdivision Improvement Agreement: Dated December 13, 2017, and recorded on December 18, 2017, as Instrument No. 2017-0530119 Amendment No. 7 to Subdivision Improvement Agreement: Dated October 2, 2020, and recorded on December 18, 2020, as Instrument No. 2020-0645208 Amendment No. 8 to Subdivision Improvement Agreement: Dated June 23, 2021, and recorded on July 6, 2021, as Instrument No. 2021-0405225