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25333874 - Third Operating Memorandum to Development Agreement Glen Loma Ranch - Glen Loma Corporation - Recorded 07/11/2022RECORDING REQUESTED BY: CITY OF GILROY WHEN RECORDED RETURN TO: Thai Nam Pham, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 25333874 Regina Alcomendras Santa Clara County - Clerk -Recorder 07/11/2022 04:08 PM , CONFORMED COPY Copy of document recorded. Has not been compared with original. (SPACE ABOVE THIS LENE FOR RECORER'S USE) THIRD OPERATING MEMORANDUM TO DEVELOPMENT AGREEMENT GLEN LOMA RANCH SEPARATE PAGE PURSUANT TO GOVERNMENT CODE 27361. THIRD OPERATING MEMORANDUM TO DEVELOPMENT AGREEMENT — GLEN LOMA RANCH WHEREAS, City of Gilroy ("City"), Glen Loma Corporation ("Developer"), and the owners of Glen Loma Ranch ("Owners") entered into a Development Agreement dated November 21, 2005 (the "Development Agreement") for the development of the Glen Loma Ranch Project, an area composed of approximately 359 acres of land (of which approximately 192 acres will be developed) northeast of Santa Teresa Boulevard and southwest of Uvas Creek, including, among other things, open space, a trail system, parks, a fire station, residential neighborhoods, senior housing, and commercial uses (the "Approved Project"); WHEREAS, the Approved Project is described in detail in the Glen Loma Ranch Specific Plan ("Specific Plan"), as revised on May 19, 2014 by Ordinance No. 2014-07; WHEREAS, on February 6, 2017 the City approved tentative map TM 16-01 for the neighborhoods within the Specific Plan commonly known as Palomino and McCutchin Creek ("Palomino/McCutchin Tentative Map"); WHEREAS, Developer/Owners are processing a fmal map which is consistent with the Palomino/McCutchin Tentative Map ("Palomino/McCutchin Final Map") and the recordation of which will create the separate parcel for the future McCutchin Creek Park identified as Parcel B on the attached Exhibit A ("Park Parcel"), and which shall be offered for dedication to the City on the Palomino/McCutchin Final Map; WHEREAS, Section 3.13 of the Development Agreement anticipates that clarifications or minor revisions with respect to the details of performance of City or Developer/Owners may be effectuated through operating memoranda approved by City and Developer/Owners, which, after execution, become a part of the Development Agreement; WHEREAS, City and Developer/Owners entered into the Operating Memorandum to the Development Agreement dated June 21, 2017, which among other things modified Section 4.4.1.1 of the Development Agreement to document the relocation of the previously proposed Montonico Park to the McCutchin Creek Park site and to require park construction by Developer/Owners to occur concurrent with development of the adjacent McCutchin Creek Neighborhood; and WHEREAS, the City and Developer/Owners now desire to document further clarifications and minor revisions to the Development Agreement through this Third Operating Memorandum 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: 4888-9483-6507v9 ALF104706099 Page 1 1) In lieu of the requirement contained in Section 4.4.1.1 of the Development Agreement for Developer/Owners to construct the McCutchin Creek Park, the City and Developer/Owners shall proceed as follows: a. Prior to the recordation of the Palomino/McCutchin Final Map Developer/Owners shall cause the amount of $2,336,791.00 ("Funding Obligation") to be paid to the City. Upon payment of the Funding Obligation, Developer/Owners shall be automatically relieved of the obligation to construct McCutchin Creek Park. b. Following recordation of the Palomino/McCutchin Final Map the City shall consider the offer of dedication of the Park Parcel and shall accept such offer provided the Park Parcel complies with City standards for assuming ownership of parkland sites. In the event that the City has not accepted the Park Parcel within two years following the recordation of the Palomino/McCutchin Final Map, the offer of dedication shall be automatically rescinded, and the parties shall meet and confer to identify a reasonable future use for the Park Parcel. c. After receipt of the Funding Obligation and acceptance of the offer of dedication of the Park Parcel, the City shall be responsible for construction of the McCutchin Creek Park. 2) After review of these clarifications and minor revisions, the City Council finds that these clarifications and minor revisions are consistent with the Glen Loma Ranch Specific Plan, do not increase the density or intensity of use of the Property, do not increase the anticipated disturbed areas within the Specific Plan, and therefore that the use of an Operating Memorandum is appropriate. The parties execute this Third Operating Memorandum as of June 21, 2022. CITY: City of Gilroy, a California municipal corporation By: City Administrator DEVELOPER: Glen Loma Corporation, a California corporation By: 4888-9483-6507v9 Page 2 ALF104706099 Approved as to form By: Andrew L. Faber City Attorney OWNERS: Filice Family Estate, a California limited partnership by its General Partner, Cugini Calabria LLC a California limited liability company By: John M. Filicl Jr. Manager Donald C. Christopher a/k/a Donald Christopher By: P < ,1v Donald C''.-Christopher 7 Christopher Ranch LLC, a California limited liability company By: William A. Christopher, Manager The Christopher Family Partnership, a California limited partnership Frank Artie Christopher, r., General Partner By: Anna Noreen Christopher, General Partner Page 3 384\1064436.1 1-7-14 D Christopher & Sons LLC, a California limited liability company By: William A. Christopher, Manager Page 4 384\1064436.1 1-7-14 EXHIBIT A McCUTCHIN CREEK PARK PARCEL GILROY, CALIFORNIA JUNE 16, 2022 NOT TO SCALE ASCENSION SOLARSANO MIDDLE SCHOOL CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 r:Y�,..,y,:�:S,���:^Y_.:'lt'�_cv,y:�-;'!4:,'•t'.'✓,w✓:.�'::��t•✓..... ...,:.,. :b:^�'b:!•.cb::'t:=' ...S:�r t�rr ✓�;.. -..t:'t:^1l•: 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 S �� t I Nita-- C On 14AL �b17()U- before me, 3ita..- i f O7 "`'`°I/ Date Here nsert Name and Title orf the Officer personally appeared m Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person,(s� whose name(`fis/fie-subscribed to the within instrument and acknowledged to me that he/5,1xittlyzoyexecuted the same in his/kef/tir authorized capacity(i& and that by hisjt r//l it signaturs3on the instrument the persorL(s); or the entity upon behalf of which the persop{aj'acted, executed the instrument. P ERICA ESPARZA-SANCHEZI COMM.#2377198 1. SANTA CLARA COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES OCTOBER 29, 2025 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/? y hand and official seal. Signatur OPTIONAL Signature of Notary Completing this information can deter alteration of the document or ��, fraudulent reattachment of this form to an unintended document{ l ` Livia/� Description of Attached Doc en�ttjj ^ f�,,.,,_, -}� ` :� Title or Type of Document: trvl D G t—Wig b +" Ve-lOtooleat tmewe Document Date: elltfite Lir 7_9Z 7 — Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: ❑ Guardian or Conservator .....y.+-:: rtr s..s -. n v.. .. x-.raa_:v:�� :rf_r.� ass s f :.r.�s�f:.Y�cs:a:�:: �g� v: Y: w': �,�if:f�.a:. �au►as;:w�.�:< 'i`' ©2019 National Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 •v;.:�:s':,..;.:.,-:�.. •--.:. .. ,,.,r.r„ r r .- r .Err a s, r, ,: .�%r ':^-' s::�.:..:...r..r.._::rr�...-....,.,:..,_.:..,..,nrr. ...• �:r..•r...c'.r.,3:.•::,'.-:r.:., .'.:....r.r.. .:.'.•r �._ �_._. .... ... .... _.. . .... _ _ rr . - _ ..... ......r..-`r.%%:.?iY. 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�y�� County of 5eZ< < 1(/l On ?LQ 3 V, �7 - before me,1 Date. personally appeared • zAtamc Insert Name a .. Title of the Officer 1� Name(s) of Signer(s) Akk who proved to me on the basis of satisfactory evidence to be the ersorkwhose nam to the within instrument and acknowledged to me that he/she/ti�executed the same ih his her. authorized capacity, and that by his/her/4 signatur0 on the instrument the persor or the entity upon behalf of which the perso s) cted, executed the instrument. ERICA ESPARZA-SANCHEZ COMM. # 2377198 SANTACLARA COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES OCTOBER 29, 2025 Place Notary Seal and/or Stamp Above scribed 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 bf Notary ublic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Docu�ment , tom► Title or Type of Documeen/t D1 �1jI . 0RK�!` V b dkveitfwEAI ��jteii nl Document Date: `71/'' UL Ltt 1(.JZZ— Number of Pages: q Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): D Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General O Individual ❑ Attorney in Fact 0 Individual ❑ Attorney in Fact O Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: . _:,., Fz ic:' I€.'ti{,;�:� ::1':ti;�:::a.FVI .�.,,•..•,�.:.....^C'. r'n :., h.•�,:':d,;y,;.�,.n.Fa,:.:;..,;. �t'_.t...::.:,.�.��t'... n:....`.�..,i ra �• .,^V �i?:� :,,r.ti-.: r�5. a,.r.,:.:::..,: r.:+: A: D-:.,: A:?.::�''^^:i:A...n: ^.,:.,:::::v^: z. ^.:,.: ��:.:: r.:.:r :-::... ^r.::::.:e.,,r.: �:i:.'...:,:`�:,^?"?.`...:,:'.?:.•�.::n.s3.� �.:,:::.?^Y. n+...:.....:. ...:..:.....G,:..�... r....r : ©2019 National Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 _�:c;.r.:':r.Y��:r,:�ti.:�.{�="r..:�.rs1�v r'<o-.. �. :;•tip: ,.�;fi�w���.,..,:.:w�w�i? 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 SOIL Lan" — i On _ j ' „ ^ V 9I Z—z- before me, 8ACa,t6 z' 1 1D s"0`9)1C Date �j /1 j� Here Insert Name and Title ,of the Officer personally appeared 1 7 IOL1 U �` l/r{ j� Y, (1Od I tun A (:ylnvs — NcJme(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso hose namels/al�subscribed to the within instrument and acknowledged to me that he/shee9y executed the same in his/hertif authorized capacity(i0), and that by his/her/t 0 r signaturVon the instrument the personDor the entity upon behalf of which the person@acted, executed the instrument. ERICA ESPARZA-SANCHEZ1 COM M. # 2377198 SANTACLARACOUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES 'd OCTOBER 29, 2025 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 • hand and official seal. Signature OPTIONAL Signare of Notary ' Iic 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 (r 1 Document Date: iuj1t Ili ?,at Number of Pages: 61 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact ❑ Trustee O Other: Signer is Representing: ❑ Guardian or Conservator ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: 0 Guardian or Conservator ©2019 National Notary Association ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On LJVt.' G) 24iZ before me, Thai Nam Namy Pham, Notary Public (insert name and title of the officer) personally appeared Jimmy Forbis 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) THAI NAM NA AY PHAM Notary Public - California Alameda County Commission @ 2256755 — My Comm. Expires Aug 31, 2022