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2026-01-22 Shulman Bastian Friedman Bui & O'Dea LLP - SRR Mediation Agr BK Fin DispursMEDIATION AGREEMENT This Mediation Agreement (the "Agreement") is made and entered into by and among the following: Shulman Bastian Friedman Bui & O'Dea LLP, through James C. Bastian, Jr. (the "Mediator"), SilverRock Development Company, LLC, RGC PA 789, LLC, SilverRock Lifestyle Residences, LLC, SilverRock Lodging, LLC, SilverRock Luxury Residences, LLC and SilverRock Phase I, LLC (each, a "Debtor" and collectively, the "Debtors"), The City of La Quinta, California (the "City"), Poppy Bank, RAF Pacifica Loan Opportunity Fund I, LLC and The Arnold Fishman Revocable Trust dated July 15, 1999 (together, "Keillor"), RD Olson Construction, Inc., Granite Construction Company, and Construction Loan Services II, LLC d/b/a Builders Capital ("Builders" and together with the other entities identified in this preamble other than the Mediator, the "Initial Mediation Parties"). Any parties that wish to participate in the Mediation other than the Initial Mediation Parties (each, an "Additional Mediation Party") are permitted to do so upon obtaining the Debtors' written consent and the execution of a copy of this Agreement shall thus become "Mediation Parties" for all purposes under this Agreement. The Debtors and the Mediation Parties are sometimes hereafter individually referred to as "Participant" or collectively as "Participants." This Agreement is made with reference to the following facts: A. The Debtors are Debtors in Possession in bankruptcy cases (the "Bankruptcy Cases"), filed under chapter 11 of title 11 of the United States Code (the `Bankruptcy Code"), which are being jointly administered for procedural purposes only under case caption In re SilverRock Development Company, LLC, et al., Case No. 24-11647 (MFW) in the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court"). The Debtors have filed their Joint Chapter 11 Plan of Liquidation of SilverRock Development Company, LLC and its Debtor Affiliates (as may be amended, supplemented, or otherwise modified from time to time, (the "Plan") in the Bankruptcy Cases. See Docket No. 823. B. The Plan provides for the treatment of various claims, including those held and asserted by the Mediation Parties, through the distribution of net proceeds received from the sale (the "Sale") of certain of the Debtors' real property assets previously approved by the Bankruptcy Court at Docket No. 759. The Plan and related motion under section 506 of the Bankruptcy Code contemplate an allocation of sale proceeds among multiple creditors, including certain of the Mediation Parties, in the Bankruptcy Cases who assert liens, claims, interests, and other encumbrances related to the Debtors' real property assets which were sold through the Sale. C. There are potential and actual disputes and claims by and among many, if not all, of the Mediation Parties and the Debtors related to their rights and interests in the net proceeds of the Sale, any proposed allocation of same and their treatment under the Plan (the "Claims and Disputes"). D. In an effort to avoid the costs and uncertainties attendant to continued litigation in the Bankruptcy Cases and elsewhere by and among the Mediation Parties, and the Debtors, related to the Claims and Disputes, the Participants have stipulated to attempt to avoid litigation and resolve the Claims and Disputes by the process of mediation. NOW, THEREFORE, Mediator and Participants agree as follows: 1. Mediation. Each Participant agrees to mediate the Claims and Disputes. In its sole discretion, each Participant may withdraw from the Mediation at any time by providing written notice to the Mediator and all other Participants. 2. The Mediator. James C. Bastian, Jr. of Shulman Bastian Friedman Bui & O'Dea LLP is hereby selected as the Mediator. The Mediator does not represent any of the Participants. 3. Mediation Conference and Procedures. a. No resolution of the Claim and Disputes in the Mediation shall be binding upon the Participants unless they each agree to such resolution in a writing signed by all parties to such agreement. b. The scope of the Mediation will encompass the Claims and Disputes and any other issues which may arise out of or relate to the Plan. c. In preparation for Mediation, each Participant and his/her/its principal attorney shall: (i) submit in writing via email (A) a written Mediation Statement for review by all Mediation Parties and (B) a confidential written Mediation Statement for review by the Mediator, setting out such party's position in writing with respect to the Mediation Matters and such party's position on settlement in accordance with a deadline established by the Mediator. Unless separately agreed between the Mediator and a Mediation Party, Mediation Statements shall be submitted to the Mediator and/or the Mediation Parties no later than two (2) business days prior to such Mediation Party's commencement of Mediation. All Mediation Parties shall be required to arrange for service of their Mediation Statements in accordance with the requirements set forth in (A) above, by electronic mail on counsel to all of the Mediation Parties on the same date and service of the Mediation Statements in accordance with the requirements set forth in (B) above to the Mediator; and (ii) meet virtually and/or in person at a culminating mediation session, if needed, on January 22, 2026 at a location to be determined and on such other date(s) and time(s) as may be scheduled for separate sessions of the Mediation (each a "Mediation Session") and then and there make a good -faith effort to mediate the Claims and Disputes. Mediation Sessions will be scheduled on such dates and times as may be agreed upon by the Participants and the Mediator to allow for maximum flexibility and may be conducted in person, virtually or on a hybrid basis as may also be agreed upon by the Mediator and the Participants. Mediation Sessions may be scheduled by and among one or more Participants on a rolling basis such that it is understood and agreed that the Mediator may meet separately with one or more Participants at their mutual convenience without the participation of all Participants. Once Mediation Sessions are conducted with each Participant, the Mediator will advise the Participants of the need for additional Mediation Sessions and whether such Mediation Sessions will involve all or some Participants and then schedule such Mediation Sessions with such Participants at mutually agreeable dates and times. 2 d. The Mediation Session(s) will commence on such dates and at such times as may be selected by the Mediator and the Participants or continue on such day as may be agreed by the Participants and the Mediator unless rescheduled by agreement of the Participants and the Mediator. If not completed on the day(s) selected, the Participants have the right to terminate the Mediation or to continue it to another date upon such terms as may be agreed upon with Mediator until the Mediation is concluded. At the Mediation Session(s): (i) Each individual Participant, or a representative of Participant who has the authority to negotiate and agree upon a settlement of the Claims and Disputes, shall be present and shall be represented by said Participant's principal attorney who is primarily responsible for representation of their Client(s) in the Claims and Disputes and who is fully familiar with the facts, theories, and discovery relating thereto. (ii) Unless waived by the Mediator, a representative of any insurance carrier that may be liable to any of the Participants with regard to the Claims and Disputes who has the authority to negotiate and agree upon a settlement of the issues raised by the Claims and Disputes independent of the Participant, shall be present, as well as such other persons as each Participant or the Mediator deems necessary or desirable to a resolution of the Claims and Disputes. (iii) Each Participant may refer to or present to the Mediator any relevant documents, transcripts, or other materials, provided that copies of such documents, transcripts, or other materials have been previously provided to the Mediator. (iv) The Mediator may meet and caucus separately with one or more of the Participants, with or without their counsel present, as well as with some or all of the Participants, with or without their counsel. e. Each Participant shall bear all of his/her/its own costs, expenses, travel and accommodation expenses, attorneys' fees, and, to the extent that such Participant elects to continue with the Mediation after the Debtors withdraw from the Mediation or otherwise cease to pay the fees set forth in Paragraph 7 of this Agreement, his/her/its proportionate share of the Mediator's fees, costs and expenses, if any. As used in this Agreement, "proportionate share" shall be determined on a per capita basis, without regard to the amount of any party's asserted or allowed claim or the alleged value of its collateral. 4. Confidentiality. Each Participant, his/her/its attorney and the Mediator, agree to the following with respect to the confidentiality and admissibility of any information, documents, materials shared or provided, and discussions, Mediation Statements, and any other statements made at, in connection with or furtherance of the Mediation Conference (collectively, the "Mediation Communications"): a. All documents, the Mediation Statements, or other written materials used in the Mediation shall be deemed confidential. If a Participant marks a document "CONFIDENTIAL," the Mediator will not provide the document to the other Participants unless the provider of said CONFIDENTIAL Mediation document decides to provide a 3 copy of same to the other Participant or consents to the provision of such document to the other Participants in writing. b. All Mediation Communications are privileged settlement discussions and shall remain confidential. c. All Mediation Communications are entitled to and shall be governed by the privileges and protections afforded by Rule 408 of the Federal Rules of Evidence, Rule 68 of the Federal Rules of Civil Procedure, and Rule 9019-5 of the Local Rules of the United States Bankruptcy Court for the District of Delaware, as well as any applicable legal principles regarding Mediation Communications. d. All Mediation Communications are made without prejudice to any Participant's legal position, and are neither discoverable nor shall they be offered for admission or for any other purpose in any litigation, arbitration, or other judicial or administrative proceeding by and among the Participants, or otherwise. e. No Mediation Communications, or any other aspect of the Mediation, shall be referred to, relied upon, or introduced as evidence or by way of argument in any litigation, arbitration, judicial, or administrative proceeding by and among the Participants, or otherwise. f. The Mediator shall not be subpoenaed nor shall they be compelled to disclose in any manner whatsoever, or to testify in any case, action, arbitration or other judicial or administrative proceeding as to: (i) any Mediation Communications; (ii) any records, notes, reports, or other documents received or prepared by Mediator; or (iii) any information disclosed or representations made in a Mediation Statement, at the Mediation Conference, or otherwise, in the course of the Mediation. g. Evidence otherwise admissible or subject to discovery outside of the Mediation shall not become inadmissible or protected from disclosure solely by reason of its introduction or use in a Mediation. The Participants further agree, however, that the "Confidentiality" subsection of this Agreement does not create confidentiality with respect to any executed written settlement agreement and such settlement agreement may be introduced into evidence in any subsequent proceeding to enforce the terms of the settlement agreement. h. The privileged character of any information, including any Mediation Communication, shall not be affected by disclosure to the Mediator. i. Since each Participant may disclose sensitive, privileged, and perhaps confidential information in connection with the Mediation and since a breach of any of the provisions of subsections 4(a)-(h) of this Agreement may cause irreparable harm for which monetary damages may be inadequate, any Participant or the Mediator may obtain a temporary restraining order or an injunction to prevent disclosure of any such confidential or privileged information, including, but not limited to, any of the Mediation Communications, in violation of this Agreement. Any breaching Participant shall be liable for the reasonable costs, expenses, and fees that may be incurred by the other Participant(s) 4 and/or the Mediator and his attorneys in obtaining or opposing said temporary restraining order or injunction, provided however, that nothing in this provision of this Agreement or in any other provision of this Agreement shall impose any liability for attorneys' fees, costs, or otherwise on the Mediator. 5. In Mediation, No Right of Cross -Examination. Each Participant acknowledges that he/she/it understands that this Mediation is different from an arbitration proceeding where an award of an arbitrator may be based upon the sworn testimony of witnesses and the presentation of documents or other evidence in the presence of all parties and their attorneys, and where opposing counsel may have an opportunity to cross-examine witnesses concerning their testimony and to object to the introduction of certain documents into evidence. In this Mediation, information may be provided to the Mediator by one or more Participants, by their counsel, or by others during a confidential caucus session, or otherwise, when the other Participant is excluded from the session, which information is not subject to scrutiny, cross-examination, or objection by the opposing Participants or their counsel. As a result, each Participant does not have the right to cross-examine the other Participant or those people who may make or provide statements to Mediator, or to scrutinize the information revealed by the opposing Participant in confidence to Mediator. Thus, by entering into this Agreement, the Participants and their lawyers authorize the Mediator to use all Mediation Communications, statements, Mediation Statements, and other data presented to him during any portion of the Mediation. 6. Duties and Authority of the Mediator. The Mediator shall: a. comply with each of the provisions of this Mediation Agreement; b. conduct the Mediation as described in this Agreement; c. be responsible for setting the times, terms, meeting, conferences, and structure of the Mediation, except as otherwise provided in this Agreement; d. generally familiarize themself with the legal theories and defenses asserted by the respective Participants; e. act as a neutral intermediary and not be an advocate for any Participant, but shall be entitled to provide evaluative views on the merits of the Participants' positions or theories; f. be responsible for the tone and demeanor of the Mediation, and may, at their sole discretion, excuse any Participant or his/her/its attorney or other representative(s), temporarily or permanently, for failing to maintain the demeanor or tone required by Mediator; g. not be required to make any public report, recommendation, or statement about any aspect or result of the Mediation, other than as required by rules of the court where the litigation is pending; and 5 h. have sole discretion to determine whether any Participant has failed to comply with the provisions of this Agreement. 7. Fees and Retainer. Services will be rendered at the rate of $7,500.00 per day for 8 hours of mediation with the time spent on each Mediation Session counted against the 8 hours. If the Mediation Session extends beyond 8 hours in any given day, mediation services will be charged at the hourly rate of $795.00. The Mediator's preparation time will be included within the 8-hour time frame noted above. Any portion of the 8 hour day not used in a calendar day will be carried over the next calendar day scheduled for a Mediation Session until 8 hours is spent. Thereafter, the hourly rate of $795 shall apply for the remainder of that calendar day. The Mediator shall charge for time he has incurred or will incur in connection with developing special procedures for the Mediation and obtaining bankruptcy court approval of such procedures prior to the actual Mediation at the hourly rate of $795, which an invoice for such time incurred will be provided to the Debtors for review and approval. A retainer in the amount of $25,000 to cover mediation fees shall be due in full on or before January 9, 2026. The charges of the Mediator for the Mediation shall be borne by Debtors, unless and until the Debtors provide notice otherwise at which time the other Participants may voluntarily determine to continue the Mediation and bear the Mediator's expenses. Any Participant may withdraw from the Mediation at any time by providing written notice to the Mediator and all Participants, and shall not be liable for any fees accruing after the giving of such notice. A retainer is an advance or deposit which is applied as fees and charges are incurred. At the end of the Mediation, the Mediator's final charges will be applied against the retainer and the balance of the retainer, if any, will be refunded, or the balance due must be paid by the applicable payor (which will be the Debtors unless and until the notice described in the prior paragraph has been provided). By signing this Agreement, you are authorizing Shulman Bastian Friedman Bui & O'Dea LLP to apply the retainer amounts to pay the Mediation fees and costs. 8. Disclosures. a. The Mediator does not know of any conflict of interest that presently exists in connection with this Mediation of the Claims and Disputes. Because of the broad nature of the Mediator's practice, in the future, after the Mediation is concluded, the Mediator may represent a client in a particular case who may be the adversary of a Participant in an unrelated case, but such future representation shall remain subject to any restrictions imposed by the Rules of Professional Conduct of the State Bar of California. b. The Mediator may have attorneys at his law firm, which attorneys have spouses, parents, children, siblings, fiancees, or fiances, who are attorneys at other law firms and companies. The Mediator, however, has strict policies against disclosing confidential information to anyone, including spouses, parents, children, siblings, fiancees, and fiances. 6 Each Participant agrees that he/she/it does not consider the Mediator's involvement in the Mediation to be inappropriate in light of any of the relationships described above. 9. Legal Representation of Participants. Each Participant agrees and acknowledges that he/she/it is represented by independent counsel, and not by the Mediator, in connection with the Claims and Disputes, and that said Participant has and shall continue to confer with and seek the advice of his/her/its counsel in connection with the Claims and Disputes, this Agreement, the Mediation, any settlement, and any settlement agreement that might be produced as a result of this Mediation. Each Participant further acknowledges that he/she/it shall rely upon the advice of his/her/its counsel, and not that of the Mediator in deciding whether or not to accept any settlement or any resolution of the Claims and Disputes that might emerge from the Mediation, and shall consult with said counsel prior to signing any settlement agreement or agreeing to any mediated resolution. Furthermore, each Participant acknowledges that the assistance of the Mediator does not include the rendering of legal advice or legal representation to any Participant, including, without limitation, legal advice or legal representation in connection with the Claims and Disputes, this Agreement, the Mediation, any settlement, and any settlement agreement that might be produced as a result of this Mediation. 10. No Liability, Release, and Indemnification. a. Other than for those duties undertaken herein, each Participant hereby agrees that the Mediator shall not have any liability whatsoever with respect to the Mediation, including any of the terms thereof or procedures therefor, including legal conflicts that could be asserted by any of the Participants, the disclosure by Participants of Mediation Communications, the choice of the Mediator, or any act or omission in connection with the Mediation or any of the Participants. b. Each Participant agrees that the Mediator is entitled to absolute quasi-judicial immunity for his actions within the scope of the Mediation, and to the extent such quasi- judicial immunity does not exist by statute, rule, regulation or common law, such immunity is hereby consensually agreed to as a matter of contract law. c. Other than for those duties undertaken herein, each Participant agrees to make no claim nor bring any action against the Mediator and hereby releases the Mediator, and their law firm Shulman Bastian Friedman Bui & O'Dea LLP, and their partners, employees and attorneys and any other agents from any and all claims, causes of action, or rights to recover damages as a result of any act or omission taken by the Mediator in connection with the Mediation and in reporting on the Mediation. d. Furthermore, other than for those duties undertaken herein, and except as set forth herein, each Participant severally agrees to hold the Mediator and Shulman Bastian Friedman Bui & O'Dea LLP and each of them, free of any claim, cause of action, or liability arising out of or in any way related to the Mediation, and to indemnify each of said persons and said entities from any and all claims, causes of action, liability, and attorneys' fees that may be incurred as a result of this Mediation. Notwithstanding the foregoing, neither Builders, Saluda Grade Alternative Mortgage Trust, SilverRock Resort Investment 7 LLC and SilverRock Resort Investment M, LLC, nor the City shall be required to provide, or contribute with respect to, indemnification under the Agreement. Notwithstanding the foregoing, R.D. Olson Construction, Inc. shall not be required to provide, or contribute with respect to, indemnification under the Agreement unless R.D. Olson Construction, Inc. asserts a claim that would give rise to indemnification. 11. Governing Law. This Agreement shall be governed by and construed in accordance with all relevant laws of the State of Delaware. 12. ARBITRATION AND WAIVER OF JURY TRIAL RE ACTION WITH MEDIATOR. In the event any dispute arises between the Participants and the Mediator such action shall be determined and resolved as set forth below. Any action arising solely between the Participants are not governed by the arbitration provisions set forth below. a. ARBITRATION AND WAIVER OF JURY TRIAL. THIS PARAGRAPH EVIDENCES AN ADDITIONAL AGREEMENT TO ARBITRATE. ANY ACTION BETWEEN THE PARTICIPANTS AND THE MEDIATOR SHALL BE SUBJECT TO BINDING ARBITRATION. THIS MEANS, AMONG OTHER THINGS, THAT ANY ACTION, INCLUDING, WITHOUT LIMITATION, IN CONTRACT OR TORT, BASED UPON, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THE MEDIATION, AND/OR THE MEDIATOR'S PERFORMANCE OR FAILURE TO PERFORM SERVICES (INCLUDING, WITHOUT LIMITATION, CLAIMS OF BREACH OF DUTY OR PROFESSIONAL NEGLIGENCE) IS SUBJECT TO BINDING ARBITRATION. IN ADDITION, ALL QUESTIONS REGARDING THE ARBITRABILITY OF THE ACTION, INCLUDING WHETHER WE HAVE AGREED TO ARBITRATE THE ACTION, SHALL BE DECIDED BY THE BANKRUPTCY COURT. THIS AGREEMENT TO ARBITRATE ALL DISPUTES BETWEEN US APPLIES EVEN IF SOME PERSON OR ENTITY CLAIMS THAT THIS AGREEMENT IS VOID, VOIDABLE OR UNENFORCEABLE FOR ANY REASON. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGREEMENT TO ARBITRATE AND WAIVER OF JURY TRIAL SET FORTH IN THIS AGREEMENT APPLIES SOLELY WITH RESPECT TO DISPUTES ARISING UNDER THIS AGREEMENT. 8 NOTHING HEREIN CONSTITUTES OR SHALL BE CONSTRUED AS AN AGREEMENT TO ARBITRATE OR TO WAIVE JURY TRIAL RIGHTS REGARDING THE UNDERLYING DISPUTES OR ISSUES THAT ARE THE SUBJECT OF THE MEDIATION. BY AGREEING TO ARBITRATE, ALL PARTIES ARE WAIVING THEIR RIGHT TO JURY TRIAL AND THEIR RIGHT TO CONDUCT DISCOVERY (EXCEPT AS THE ARBITRATOR MAY PERMIT). Further, by agreeing to arbitrate, all parties who actively participate in arbitration by asserting a claim or defense are agreeing to pay an equal portion of the arbitrator's fees. Parties who are not actively involved in a dispute arising under this Agreement shall not be liable for fees, costs, or expenses merely by virtue of being a party to this Agreement or named as a party in arbitration or other litigation. The arbitration shall be held in the County of Los Angeles, California, before a retired California superior or appellate court judge or federal court judge pursuant to the Standard Arbitration Rules of ADR Services, Inc. and shall be administered by ADR Services, Inc. You irrevocably and unconditionally consent to personal jurisdiction in California and venue in Los Angeles in any action, including, without limitation, petitions to compel arbitration and to enforce that arbitration award, concerning a dispute between the parties or relating to this agreement. The arbitration, and all aspects thereof (arguments, testimony, evidence, the decision, etc.), shall be confidential, except when used in the course of a judicial proceeding (e.g., to confirm, vacate or modify the award) or regulatory proceeding, as may be requested by a governmental entity or as otherwise may be required by law. Judgment on the arbitrator's award shall be final and binding, and may be entered in any competent court. The arbitrators shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. By agreeing to arbitrate, all parties acknowledge that an appeal or challenge of an arbitrator's award may occur only under limited circumstances. 9 This agreement to arbitrate shall survive the termination of our representation or this agreement. As provided under California Code of Civil Procedure section 1290.4, the parties further agree that notice and service of any petition to confirm an arbitration award issued pursuant to this clause shall be sufficient if served by regular mail. b. Attorneys' Fees. The prevailing party in any arbitration or litigation arising out of, relating to, or appertaining to this Agreement or the Mediation services, any obligations created by this Agreement, and/or the performance or failure to perform Mediation services (including, without limitation, claims of breach of duty or professional negligence) shall be entitled to recover from the non - prevailing party attorneys' fees, experts' fees and expenses and all costs (whether or not such costs are recoverable pursuant to the California Code of Civil Procedure or federal law) as may be incurred in connection with either obtaining or collecting any judgment and/or arbitration award, in addition to any other relief to which that party may be entitled. Parties who are not actively involved in a dispute arising under this Agreement shall not be liable for fees, costs, or expenses, merely by virtue of being a party to this Agreement or named as a party in arbitration or other litigation. 13. Amendments. Except as otherwise expressly provided for in this Agreement, no provisions or terms of this Agreement may be modified or supplemented unless by an instrument in writing signed by all of the parties hereto. 14. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of its parties, the Mediator and to their respective successors and assigns. 15. Counterparts. This Agreement may be executed in counterpart, which taken together shall constitute one and the same instrument, and any of the Participants to this Agreement may execute this Agreement by signing such counterpart. 16. Entire Agreement —No Other Agreement. This Agreement constitutes the entire understanding between the Mediator and Participants regarding the Mediation and supersedes any representations, agreements, discussions, or overtures made previously relative to this Agreement. By executing this Agreement, each Participant acknowledges that he/she/it has read it carefully, consulted with his/her/its attorney, understands the terms of this Agreement, is authorized to bind the Participant on whose behalf such execution 10 is made, and agrees to be bound by said terms. The Agreement cannot be modified except by further written agreement executed by each Participant and the Mediator. SilverRock Development Company, LLC, SilverRock Lodging, LLC, SilverRock Luxury Residences, LLC, SilverRock Lifestyle Residences, LLC, SilverRock Phase I, LLC, RGC PA 789, LLC /s/ Christopher S. Sontchi Date: 1/20/26 Christopher S. Sontchi Independent Manager The City of La Quinta, California /s/ Bradford F. Englander Date: 1/20/26 Bradford F. Englander Counsel Poppy Bank /s/ Kevin Mann Date: 1/20/26 Kevin Mann Counsel RAF Pacifica Loan Opportunity Fund I, LLC and The Arnold Fishman Revocable Trust dated July 15, 1999 /s/ [Name] [Title] Date: RD Olson Construction, Inc. /s/ Marguerite Lee DeVoll Date: 1/20/26 Marguerite Lee DeVoll Counsel Granite Construction Company /s/ Ilan Markus Date: 1/20/26 Ilan Markus Counsel Construction Loan Services II, LLC d/b/a Builders Capital /s/ Shanti Katona Date: 1/20/26 Shanti Katona Counsel SilverRock Land II, LLC /s/ Cass Traub Date: 1/21/26 Cass Traub Authorized Signatory SilverRock Resort Investment, LLC and SilverRock Resort Investment M, LLC /s/ Michael Brandess Date: 1/20/26 Michael Brandess 11 Counsel Saluda Grade Alternative Mortgage Trust /s/ Timothy Carr Date: 1/20/26 Timothy Carr Authorized Signatory Date: James Mediatdr a tian, Jr. 12 is made, and agrees to be bound by said terms, The Agreement cannot be modified except by further written agreement executed by each Participant and the Mediator. SilverRock Development Company, LLC, SilverRock Lodging, LLC, SilverRock Luxury Residences, LLC, SilverRock Lifestyle Residences, LLC, SilverRock Phase 1, LLC, RGC PA 789, LLC /s/ Date: Name] [Title] The City of La Quinta, California /s/ [Name] [Title] Date: Poppy Bank /s/ Date: [Name] [Title] RAF Pacifica Loan Opportunity Fund I, LLC and The Arnold Fishman Revocable Trust dated July 15, 1999 E'R►C /s/ Y° .-c.R-t_ AILi.a IL ,6. ,(Te- /-%' "-o'C),2(, [Name] [Title] 'e4 /1 �r �II1 3, Date: RD Olson Construction, Inc. /s/ [Name] [Title] Date: Granite Construction Company /s/ [Name] [Title] Date: Construction Loan Services II, LLC d/b/a Builders Capital /s/ [Name] [Titlel Date: SilverRock Land II, LLC /s/ Date: [Name] [Title] SilverRock Resort Investment, LLC and SilverRock Resort Investment M, LLC /s/ Date: [Name] 11