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Glen Loma Group - Second Operating Memorandum to Development Agreement for Glen Loma RanchRECORDING REQUESTED BY City of Gilroy WHEN RECORDED, MAIL TO Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 24040795 Regina Alcomendras Santa Clara County - Clerk -Recorder 10/11/2018 09:16 AM Titles: 1 Pages: 8 Fees: 10.00 0.00 Taxes: 0 Total: mill l FAI Or, 11 hNIP [,I AWK) Ml 11,14' 1,01 urlil 11111 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Recorded without fee per California Govenunent Code Section 27383 I/ SECOND OPERATING MEMORANDUM TO THE DEVELOPMENT AGREEMENT FOR GLEN LOMA RANCH SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6 SECOND OPERATING MEMORANDUM TO DEVELOPMENT AGREEMENT - GLEN LOMA RANCH WHEREAS, the City of Gilroy ("City"), Glen Loma Corporation ("Developer") and the owners of Glen Loma Ranch ("Owners") signed a Development Agreement dated November 21, 2005, WHEREAS, the Developer/Owners are processing several subdivision maps for the Glen Loma Ranch project, WHEREAS, the City and Developer/Owners have had numerous meetings to discuss clarifications and minor revisions to portions of the Glen Loma Ranch project which are mutually desirable in order to implement the Glen Loma Ranch Specific Plan; WHEREAS, the City and Developer/Owners now desire to agree upon and document minor revisions to the Development Agreement as permitted by Section 3.13 of the Development Agreement, and the City Attorney has determined that the use of an Operating Memorandum is appropriate; NOW, THEREFORE, City and Developer/Owners agree as follows: 1. Section 4.4.1.2 of the Development A2reement. Section 4.4.1.2 of the Development Agreement is modified by deleting the phrase "1,000th residential unit of the Project" and replacing it with the phrase "l,100th residential unit of the Project." 2. Section 4.4.9 of the Development Agreement. The City Administrator hereby confirms the existence of the conditions described in Section 4.4.9(b) of the Development Agreement and, in accordance with Section 4.4.9(c) of the Development Agreement, the Parties confirm that the affordable units scheduled for Phase 1 must be constructed on or before the date that a building permit is issued for the first unit in the second one-third of Phase 2. The Parties execute this Operating Memorandum as of the following date: S- , 2018. CITY: City of Gilroy, a California municipal corporation By: Gabriel A. Gonzalez City Administrator DEVELOPER: Glen Loma Corporation, a California corporation y &-,Jo r., President Approved as to Form: --q-- is -By. - Andrew L. Faber City Attorney Page 2 of 4 FILICE FAMILY ESTATE, DONALD C. CHRISTOPHER a/k/a DONALD a California limited partnership CHRISTOPHER d Cub Calabn C, t�Donald C. Christopher a California limited liability company, John M. Filice, Jr., authorized representative THE CHRISTOPHER FAMILY PARTNERSHIP, D. CHRISTOPHER & SONS LLC, a California limited partnership a California limited liability company ByS.,c� CL�PrI ` By: Frank Artie Christopher, Jr., General Partner ✓ By: Anna Noreen Christopher, General Partner CHRISTOPHER RANCH LLC, a California limited liability company Don ld C`-Ci to her, Ma a P ber By: GA 1A 6� WilliamAA.Christopher. anger Robert A. Christopher, anager l William A. Christopher, Manager Page 3 of 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ter,�a�a,�.�cutc�cu--nvw .t��.w=( a � Z ev.���� ��z����zeorze-��u��c�e��•�•�n�-.cc-mo�o�-r 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 Count - of 5Qn4n NeLrx On �q t �T� a 018 Date personally appeared before me, John V0 90Sctnrta ve)ItS-Pa4y), Aloi+yy AULI,� Here Insert Name and Title of the Officer f I/' Sr. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&)- whose name(sj is/aye subscribed to the within instrument and acknowledged to me that he/94&"t-7 executed the same in his/herA*eir authorized capacity(ies), and that by his/hengbeir signature(s}on the instrument the person(&), or the entity upon behalf of which the person(s)-acted, executed the instrument. ROSANNA ARGUELLES-PATTON Notary Public - California i,•� Santa Clara County Commission # 2162602 My Comm Expires Aug 13, 2020 L Place Notary Seal Above 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 /, Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docum nt 14two a dam h Title or Type of Document:,"dr0/�"MAA, rlopm l w.0 jocument Date: Z°18-Bl4hk unli( G' y Number of Pages: 3 Signer(s) Other Than Named Above: OfE,%f�y Capacity(ies) Claimed by Signer(s) ��µr Sign 's Name: JOPIn M c,_ Sr. Signer's Name: orporate Officer — Title(s): Corporate Officer — Title(s): C:I Partner — "Limited I General Partner — i I Limited i General Individual Attorney in Fact Individual Attorney in Fact ❑ Trustee Guardian or Conservator ! Trustee Guardian or Conservator Other: i I Other: Signer Is Representing:lf% S19hAPe /c/ Clen IA,"A Signer Is Representing: Co►PorAAr1r1,ark o►tsi'joAhvre For -Fi(icZ444ee . ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 San4A Clam ) On �l �� uS� 30, 2018 before me, /4-0i'Annct ' Melles- Pa+l�ort ,V0-)d urq Puic- v Date Here Insert Name and Title of the Officer personally appeared VV %�Cth'1 �t 0' kriS-)opk-eK Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&} whose name(&)-is/a;e- subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her eir authorized capacity(4w& , and that by his/hefA4etf signature(*on the instrument the person(4 or the entity upon behalf of which the person(&}acted, executed the instrument. s ROSANNA ARGUELLES PATTON Notary Public - California Z a r Santa Clara County zD i • Commission # 2162602 My Comm Expires Aug 13, 2020� Place Notary Seal Above 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 Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document 7evrlaprunt pp,,, r�t/ncJ)f 6LlQ Title or Type of Doc ument:a,dOperA�+i►q /yLtnaorxnduM iv Document Date: Number of Pages: 3 Signer(s) Ether Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: (/1!046M 4. Chftsjupkt.- Signer's Name: Ll Corporate Officer - Title(s): 1 Corporate Officer - Title(s): ❑ Partner - I Limited 11 General i Partner - 1 11 Limited I 'General ❑ Individual Attorney in Fact I Individual Attorney in Fact ❑ Trustee Guardian or Conservator i Trustee Guardian or Conservator Ll Other: I Other: Si ner Is Representing: 0A' s%�,4itir►v 4y Ch/11 Signer Is Representing: JK_AnJ4 LAC, Ore Si4nq 4►priot �•C�ris�P)li(QSo+� LC.L G�'�JO'�5.'�C=W��3` ��n�+n�anrw,r.,�,r.arnaraaru>oar>'martnri,rthr:�.recAru�rf�.rncac.,facnri�urks�s�u�var L 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 - ,kxX 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 -san�a C�a2l pp) On A"Qt4s+ 3o, ZmlB before me, 4jetr►n.A �i-Auc �ieS _ Pa 7%ron , OV oTl+e/ {�u blr� Date Here Insert Name and Title of the Officer personally appeared �0 6e � �• G k "7.tj.o p )UK Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose name(4 is/a;e subscribed to the within instrument and acknowledged to me that he/she,qh executed the same in his/he4the+r authorized capacity(kw4, and that by his/hoW signature(sj on the instrument the person(4 or the entity upon behalf of which the person(* acted, executed the instrument. 11117- ROSANNA ARGUELLES-PATTON Notary Public - California i,-� Santa Clara County Commission * 2162602 My Comm. Expires Aug 13, 2020 j Place Notary Seal Above 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 Ile • ��� Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: a'd ©Perak"'' A2emomndvrn Number of Pages: 3 Signer(s) Other Than Name Capacity(ies) Claii ed Si ner(s) Signer's Name: vbeby /t OhrJ)�g lur- Corporate Officer — Title(s): ln4naercK E I Partner — J Limited [ I General [-.I Individual Attorney in Fact Trustee Guardian or Conservator [IOther: Signer Is Representing: 17 Chrtsi,�Phc✓ d-�d►� L.LG . d Signer's Name: I Corporate Officer — Title(s): i Partner — i Limited I General i l Individual Attorney in Fact I Trustee Guardian or Conservator I Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE 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 Vic, , I.a r o_ ) On --7 — ( X7 before me ��� �I U y , NotNY Public, personally appeared A�' �(,ir�`5fbbeCTr, A AlP?A. NOYPPYJ Y�`S1�v�ohPvaK� IUUh - �kr,'tfu�h�r` who proved to me on the b sis of'satisfaictory 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 P RJURY cider the laws of the State of California that the foregoing paragraph is true and correct. "°. WITNE�S y h d � is seal. �r TRACY L. HOYr Signat ej Commisslon 20B0042 Notary Public . California San Benito County My Comm Expires Dec 11 2010 k This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. [❑ INDIVIDUAL ❑ CORPORATE OFFICERS) TITLE(S) ❑] PARTNER(S) ❑ LIMITED ❑] ATTORNEY -IN -FACT ❑] TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑] OTHER SIGNER IS REPRESENTING: Name of Person or Entity ❑ GENERAL Name of Person or Entity OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED .BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by First American Title Company 11/2007 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 qamni rvic - On OCa LJ[ iF'( �5 , 2Dl Dc�ite personally appeared I before me, AW_r nr-P (�;W-ZZPlf r, . N1(4r,,r D,,hki !" Here Insert Name andlTitle of thc��fficer A- . tvc�,YI2Ct1-. Name(s) of Signer(s) 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. -°• SUZANNE GUZZETrA Notary Public - California a.y Santa Clara County € z Commission N 2106751 My Comm. Expires Apr 12, 2019 Place Notary Seal and/or Stamp Above 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 seai Signature /ture f Nry Public Sigoo OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: '911/hM nI, (1+.i)rnar(T��� o ►m Document Date: I Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: