HomeMy WebLinkAboutResolution No. 2024-47 | 4th Glen Loma Operating MOURESOLUTION NO. 2024-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING THE FOURTH OPERATING MEMORANDUM TO THE
GLEN LOMA RANCH DEVELOPMENT AGREEMENT
WHEREAS, the Glen Loma Ranch Development (the “Project”) involves a 359.6-acre
property located in the western rolling foothills of Gilroy between Santa Teresa Boulevard and
Uvas Creek; and
WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch
Specific Plan (Resolution 2005-82); and
WHEREAS, on November 7, 2005, the City of Gilroy adopted and certified an
Environmental Impact Report (EIR) and a Mitigation Monitoring Program for the Specific Plan
(Resolution 2005-81); and
WHEREAS, on November 21, 2005, the City of Gilroy approved a Development
Agreement setting forth certain rights and responsibilities of the City and the Developer (“Glen
Loma Ranch”) with regard to the Project that is the subject of the Specific Plan; and
WHEREAS, on May 19, 2014, the City of Gilroy City Council adopted an addendum to
the certified EIR (Addendum #1), modifying Mitigation Measures #4, #23, #31, and deleting
Mitigation Measures #32, and #42 (Resolution 2014-19); and
WHEREAS, Pursuant to Section 3.13 of the Development Agreement, the City and Glen
Loma Ranch may enter into operating memoranda to make necessary clarifications and minor
modifications to the Development Agreement; and
WHEREAS, Pursuant to Section 3.13 of the Development Agreement, the City Attorney
is authorized to make the determination when such clarifications or minor modifications may be
effectuated by means of an operating memorandum or whether a formal amendment to the
Development Agreement is necessary, and such clarifications or minor modifications that do not
increase the density or intensity of use or maximum height, bulk, size or architectural style of
proposed buildings within the project may be effectuated by operating memoranda; and
WHEREAS, on June 21, 2017, the First Operating Memorandum was executed,
modifying Section 4.4.1.1 of the Development Agreement; and
WHEREAS, on October 5, 2018, the Second Operating Memorandum was executed,
modifying Section 4.4.1.2 of the Development Agreement; and
WHEREAS, on June 21, 2022, the Third Operating Memorandum was executed,
modifying Section 4.4.1.1 of the Development Agreement; and
WHEREAS, the City of Gilroy and Glen Loma Ranch now desire to execute a Fourth
Operating Memorandum, which is attached hereto as Exhibit A and incorporated herein by this
reference; and
Docusign Envelope ID: E5F0ACA5-14D4-4DB9-B840-440A215DCF6E
Resolution No. 2024-47
Fourth Operating Memorandum to Glen Loma Ranch Development Agreement
City Council Regular Meeting | October 7, 2024
Page 2 of 3
WHEREAS, The City Attorney has determined, ant the Council hereby concurs that the
subject matter of the Fourth Operating Memorandum is appropriate for an operating memorandum;
and
WHEREAS, City has prepared Addendum #2 (“Addendum”) to the EIR, which concluded
that because the Project has been built out at lower land use intensity than anticipated in the 2005
Glen Loma Ranch Specific Plan Traffic Impact Report, EIR Mitigation Measure 34 has been
satisfied through the installed signalization and EIR Mitigation Measures 36, 37, 39, 41, 43, and
44 are not required and no new mitigation measures are required, provided that buildout of the
Project does not exceed in total 1467 residential units and 12,000 square feet of commercial space
(the “Current Projected Buildout”); and
WHEREAS, the Addendum is the appropriate CEQA document for the City Council’s
consideration of this Fourth Operating Memorandum pursuant to CEQA Guidelines Sec. 15164,
because it furnishes clarification to the obligations of Glen Loma Ranch and the City under the
Development Agreement, and none of the conditions that would require preparation of a
subsequent EIR as listed in CEQA Guidelines Sec. 15162 apply; and
WHEREAS, if the Current Projected Buildout assumptions change, additional
environmental review and CEQA compliance will be required at the expense of the applicant.
NOW, THEREFORE, BE IT RESOLVED, THAT:
1) The Fourth Operating Memorandum to the Glen Loma Development Agreement is
hereby approved.
2) The City Administrator is authorized to execute the Fourth Operating Memorandum
and to take all actions necessary or convenient to carry out its terms.
PASSED AND ADOPTED this 7th day of October 2024 by the following roll call vote:
AYES: COUNCIL MEMBERS: BRACCO, ARMENDARIZ, MARQUES,
HILTON, CLINE, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
Beth Minor, Interim City Clerk
Docusign Envelope ID: E5F0ACA5-14D4-4DB9-B840-440A215DCF6E
Resolution No. 2024-47
Fourth Operating Memorandum to Glen Loma Ranch Development Agreement
City Council Regular Meeting | October 7, 2024
Page 3 of 3
CERTIFICATE OF THE CLERK
I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2024-47 is an original resolution, or true and correct copy of a City
Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held
on Council held Monday, October 7, 2024, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this Tuesday, October 8, 2024.
Beth Minor
Interim City Clerk of the City of Gilroy
Docusign Envelope ID: E5F0ACA5-14D4-4DB9-B840-440A215DCF6E
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FOURTH OPERATING MEMORANDUM TO
DEVELOPMENT AGREEMENT – GLEN LOMA RANCH
WHEREAS, this Fourth Operating Memorandum to Development Agreement – Glen Loma Ranch (“Fourth Operating Memorandum”) City of Gilroy (“City”), Glen Loma Corporation (“Developer”), and the owners of Glen Loma Ranch (“Owners,” Owners
together with Developer are referred to as “GLR”), 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 185 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. 2014-07201, for which a full environmental impact report (the “EIR”) was prepared and certified by the
City;
WHEREAS, GLR had been processing a subdivision map which was submitted to the City on September 9, 2020 as TM 20-05 for three neighborhoods within the Approved Project and Specific Plan commonly known as Canyon Creek, Rocky Knoll, and Malvasia II;
WHEREAS, on September 11, 2024, GLR applied for a Tentative Subdivision Map, proposing single-family attached homes only and no commercial uses or parcel, in the Town Center Flex neighborhood, which as conditioned are in conformance with the Specific Plan (“TM 24-02”) and do not require a Specific Plan amendment;
WHEREAS, on September 25, 2024, GLR applied for a new Tentative Subdivision
Map to replace Tentative Map application TM 20-05, proposing single-family detached homes only and no townhomes in the Canyon Creek, Rocky Knoll, and Malvasia II neighborhoods, which, as conditioned are in conformance with the Specific Plan (TM 24-03)and do not require a Specific Plan amendment;
WHEREAS, Parcel Q on the Final Map entitled “Tract 10472 Town Center” filed in
Book 932 of Maps at Pages 55-61, Santa Clara County Records is intended to be dedicated to the City by GLR under Sections 4.4.1 and 4.4.1.2 of the Development Agreement for the City’s construction and operation of a fire station at Glen Loma Ranch (the “Fire Station Parcel”);
WHEREAS, GLR has previously expended $673,472 for: (i) the architectural and
civil design of the fire station, (ii) the HCP fee payment covering the development of the fire station parcel, and (iii) the construction of the street frontage improvements for the Fire Station Parcel;
EXHIBIT A
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WHEREAS, upon completion of development of the improvements associated with TM 24-02 and TM 24-03, GLR will have completed all development contemplated in the
Specific Plan on lands owned by GLR; WHEREAS, City and Developer/Owners entered into a Third Operating Memorandum to the Development Agreement, which modified Section 4.4.1.1 of the Development Agreement by requiring GLR to pay the City the amount of $2,336,791.00 in lieu of constructing the
McCutchin Creek Park, and GLR has made that payment to the City; WHEREAS, City has prepared Addendum #2 (“Addendum”) to the EIR (draft provided by City on September 25, 2024), which concluded that because the Approved Project has been built out at lower land use intensity than anticipated in the 2005 Glen Loma Ranch Specific Plan
Traffic Impact Report, EIR Mitigation Measure 34 has been satisfied through the installed signalization and EIR Mitigation Measures 36, 37, 39, 41, 43, and 44 are not required and no new mitigation measures are required, provided that buildout of the Project does not exceed in total 1467 residential units and 12,000 square feet of commercial space (the “Current Projected Buildout”), as reflected in the revised Exhibit D, attached;
WHEREAS, the Addendum is the appropriate CEQA document for the City Council’s consideration of this Fourth Operating Memorandum pursuant to CEQA Guidelines Section 15164, because it furnishes clarification to the obligations of GLR and the City under the Development Agreement, and none of the conditions that would require preparation of a
subsequent EIR as listed in CEQA Guidelines section 15162 apply; WHEREAS, the Addendum will also be used as the appropriate CEQA documentation for consideration of the Tentative Maps TM 24-02 and TM 24-03;
WHEREAS, since 2020 the City and GLR have been negotiating in good faith to resolve matters set forth in this Fourth Operating Memorandum with the understanding that GLR would forego all Traffic Impact Fee reimbursements and any other City reimbursements to discharge any obligations of GLR under the Development Agreement. Developer and Owners agreed that
any such funds received from the City would be held in a separate account at Morgan Stanley
and could not be withdrawn by Developer and Owners without the consent of the City unless the Development Agreement terminates. All funds held in the Morgan Stanley account shall be used to pay the City the amounts described in this Fourth Operating Memorandum as and when required herein.
WHEREAS Section 3.13 of the Development Agreement anticipates minor refinements and clarifications with respect to the obligations of City and GLR where such minor refinements and clarifications may be effectuated through operating memoranda approved by City and GLR, which, after execution, become a part of the Development Agreement;
WHEREAS, the City and GLR have had numerous meetings to discuss certain changes regarding the implementation of the Approved Project which are mutually desirable in order to implement the goals and funding for the fire station at Glen Loma Ranch;
WHEREAS, the City and GLR now desire to document such minor refinements and
clarifications to the Development Agreement through this Fourth Operating Memorandum as
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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 GLR agree as follows: 1) In lieu of the requirement contained in Section 4.4.1.2 and 4.4.1.3 of the Development
Agreement for GLR to develop and construct a fire station as set forth therein, the City
and GLR shall proceed as follows: a) GLR shall cause the total amount of $7,200,000.00 (“Funding Obligation”) to be paid to the City as described herein. The Funding Obligation is
comprised of a combination of cash and GLR foregoing and assigning to the
City the Traffic Impact Fee (“TIF”) reimbursement policy amounts. The Funding Obligation total is $7,200,000 and will be executed in a series of Funding Obligation Steps as described in Section 1(a) ($1,589,243), Section 1(b) ($1,000,000), Section 1(c) ($3,610,757) and Section 1(d) ($1,000,000) of
this Fourth Operating Memorandum. Subject to the terms of this Fourth Operating Memorandum, GLC will convey the Fire Station Parcel and forego, release and pay funds to the City as follows: TIF Identified Reimbursements (“TIF Reimbursements”)
Seg. 18a $237,526.00 Seg. 19a $199,386.00
Seg. 22a $598,636.00
Int 29 $ 10,789.00 Cash Payment $542,906.00 (“SCVWD Reimbursement”) The above TIF Reimbursements and SCVWD Reimbursement totaling $1,589,243 shall be assigned and paid, respectively, to the City, and GLR shall convey the Fire Station parcel to the City upon the occurrence of item (i) below, and the receipt by GLR from the City of items (ii) through (v), below (the
“Written Confirmation Documents”): (i) The Addendum as described above is approved by the City Council as part of the approval of this Fourth Operating Memorandum by the City
Council.
(ii) City written confirmation to the terms set forth in Item g), below related to the Uvas Park Drive/Miller Avenue intersection.
(iii) City written confirmation that construction of a Zone 2 water tank contemplated in TM 13-08, Condition of Approval No. 80 shall not be
required.
(iv) City written confirmation that commercial uses will not be required in the Town Center Flex area.
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(v) City written confirmation that TM 24-03 containing only single-family detached homes and TM 24-02 containing only single-family attached
homes are both consistent with the Specific Plan. b) GLR shall pay to the City $1,000,000.00 upon Final Approval by the City Council of the Tentative Map TM 24-03 as hereinafter described.
c) GLR shall pay the City $3,610,757 upon recordation of a Final Map relative to TM 24-03. d) GLR shall pay the City $1,000,000 upon the earlier to occur of (1) Final Approval by the City Council of the Tentative Map TM 24-02 or (2) June 2,
2025 (provided that the City and City Staff do not cause delays which result in delaying approvals beyond June 2, 2025).
e) The term “Final Approval” means, individually and collectively as to any City approval related to the Approved Project, (i) all statutory periods to
challenge the City approvals of this Operating Memorandum, the Addendum and any tentative or final subdivision maps pertaining to the Approved Project have expired without the filing of any legal challenge, and (ii) if any challenge to the City approvals of this Operating Memorandum, the Addendum or any tentative or final subdivision maps pertaining to the Approved Project has
been filed, then such challenge has been resolved by settlement, judgment, or dismissed with prejudice prior to the date that the Development Agreement terminates.
f) The payment/performance method for each of the above four Funding
Obligation Steps in Items 1) a) through d) shall be as follows:
(i) First Funding Obligation Step in Item 1(a):
The City shall establish an escrow account with a mutually agreeable escrow/title company (such as, for example, Chicago Title or Old Republic Title, “Escrow Holder”). The parties shall deposit into the
Escrow the following: 1) GLR: A fully executed assignment of the TIF
Reimbursements (the “Assignment”); cash in the amount of the SCVWD Reimbursement; and the fully executed grant deed (the “Deed”) in recordable form to the Fire Station Parcel and accompanying signed right-of-entry documents granting entry on the Fire Station Parcel to GLR for
the purposes of boundary conform grading and related activities (“Right-of-Entry”); 2) City: the Written Confirmation Documents and the signed Right-of-Entry documents. This Fourth Operating Memorandum shall constitute joint escrow instructions (but the parties shall execute such further instructions or other documents required by the Escrow Holder).
When all materials mentioned herein have been duly deposited into
Escrow, and the City Council has approved the Addendum as part of its approval of this Fourth Operating Memorandum and Escrow Holder is prepared to issue a policy of title insurance showing title to the Fire Station Parcel vested in the name of the City free and clear of any and all
monetary liens (property taxes and assessments shall be prorated) and
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encumbrances save for the Development Agreement, Right-of-Entry agreement, and easements of record (the “Title Policy”), then escrow shall
close. Escrow Holder shall then release to City: the Assignment of the TIF Reimbursements to City, and cash in the amount of the SCVWD Reimbursement. Escrow Holder shall release to GLR the above referenced Right-of-Entry documents and the Written Confirmation Documents. The Escrow Holder shall record the Deed and issue to City the Title Policy in
the amount of not less than the fair market value of the Fire Station Parcel. Escrow costs shall be split in the manner customary in Santa Clara County. With respect to the dedication of the Fire Station Parcel, City agrees to cooperate with GLR and to sign gift tax forms (prepared by GLR) as may be requested by GLR from time to time.
(ii) Remaining Funding Obligation Steps in Items 1(b) thru 1(d):
For each remaining Funding Obligation Step, a separate escrow subfile shall be opened with Escrow Holder. This Fourth Operating Memorandum shall constitute joint escrow instructions with respect to each such escrow
file (but the parties shall execute such further instructions or other documents required by the Escrow Holder). Escrow costs for these subfiles shall be split between the parties. The escrow for each of these three funding obligations shall be handled as follows:
(A) Item 1(b). No later than ten calendar days prior to the date set for City Council consideration of Tentative Map TM 24-03, GLR shall deposit into Escrow the cash sum of $1,000,000. Interest on said funds shall accrue to the benefit of GLR. Immediately upon Final Approval of the Tentative Map TM
24-03, said cash sum shall be paid to the City. (B) Item 1(c). No later than ten calendar days prior to the date set for City Council consideration of the first final map relative to the Tentative Map TM 24-03, GLR shall deposit into Escrow
the cash sum of $3,610,757. Interest on said funds shall accrue to the benefit of GLR. Immediately upon recordation of said final map, the cash sum shall be paid to the City. GLR expressly waives any and all rights it might have under the Subdivision Map Act or other law that would require City to
approve or record said final map, unless said cash sum is paid in full to the City as required herein. (C) Item 1(d). No later than ten calendar days prior to the date set for City Council consideration of the Tentative Map TM 24-02
(and in any event not later than May 21, 2025), GLR shall deposit into Escrow the cash sum of $1,000,000. Interest on said funds shall accrue to the benefit of GLR. Immediately upon Final Approval of the Tentative Map TM 24-02 (or on
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June 2, 2025, whichever occurs first subject to Paragraph (1)(d) above), said cash sum shall be paid to the City.
g) The City desires that the levee trail at the Uvas Park Drive/Miller Avenue intersection be realigned to cross at the intersection crosswalk location (the “Requested Improvements”). GLR agrees to include the Requested Improvements with the intersection improvement design they are required to
complete per Mitigation Measure #35, subject to the following:
i. The City will be the applicant for the application to the Santa Clara Valley Water District and will use its influence in forwarding the processing of all necessary approvals and permits for the Requested Improvements including with the Santa Clara Valley Water District and
the US Army Corps of Engineers (collectively, “Necessary Approvals”).
ii. The timing for the construction of the intersection and the Requested Improvements shall be per the revised Exhibit D, attached.
iii. If the Necessary Approvals are not obtained by the City in time to
comply with the required triggering event in Exhibit D, then GLR will be allowed to construct the intersection without the Requested Improvements and will make a cash payment to the City equivalent to the bid amount for constructing the Requested Improvements.
2) In conformance with Sections 3.3, 3.7, and 14.11 of the Development Agreement and to achieve the mutual goal of the City and GLR to implement this Fourth Operating Memorandum, the City will accept submittals of, and commence with expeditious plan checking of the final maps, improvement plans and all accompanying documents prior to
approval of the respective tentative maps, to cause the improvement plans and final map
to be ready for City Council action. 3) The City and GLR will cooperate concerning the interface between the TM 24-02 neighborhood and the Fire Station parcel at their common boundary lines. Grading design
for the residential areas adjacent to the Fire Station Parcel boundaries will accommodate
the improvements shown on Sheet C1 of the “Glen Loma Ranch Fire Station Planning Review Package” prepared for the City by RRM Design Group dated March 12, 2020 (“RRM Plan”). Retaining walls of up to five feet in height, integral with the required masonry boundary wall and conform slopes will be allowed at the common boundary
lines to accommodate the RRM Plan and will be constructed by GLR with the residential
construction. The City and GLR will execute Right-of-Entry documents granting entry on the Fire Station Parcel to GLR for the purposes of constructing the improvements. 4) The City and GLR acknowledge and agree that upon performance of GLR’s obligations
under this Fourth Operating Memorandum, GLR has performed and fully satisfied each
and every obligation required under the Development Agreement including, but not limited to, the Fire Station, parks, trails, and all other items listed in Exhibits D and G to the Development Agreement. Assuming such full performance by GLR, City shall have the sole responsibility for construction of the 10th Street Bridge and the Fire Station, and
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accordingly, Sections 4.4.1.2 (Fire Station) and 4.4.6 (Tenth Street Bridge) of the Development Agreement are hereby modified as provided herein.
5) Attached hereto and made a part hereof is ATTACHMENT A, which is a new Exhibit D to the Development Agreement (“Revised Exhibit D”). The original Exhibit D to the Development Agreement is hereby deleted and replaced with Revised Exhibit D.
6) Attached hereto and made a part hereof is ATTACHMENT B, which is a new Exhibit G to the Development Agreement (“Revised Exhibit G”). The existing Exhibit G to the Development Agreement is hereby deleted and replaced with Revised Exhibit G. 7) As provided in Section 2.2 of the Development Agreement, GLR and the City hereby
agree that GLR and the City shall take all reasonably necessary actions to process an amendment to the Development Agreement which shall extend the Development Agreement for a period of three years on terms and with conditions consistent with this Fourth Operating Memorandum (“DA Extension”). The DA Extension shall be processed and approved prior to or coincidentally with either Tentative Map TM 24-03 or
the Tentative Map TM 24-02, whichever tentative map is approved first. 8) City and GLR acknowledge and agree that unless specifically modified by this Fourth Operating Memorandum, all the terms and conditions of the Development Agreement remain in full force and effect including, without limitation, Section 3.7 of the
Development Agreement (Timing of Development). In the event of any conflict or inconsistency between the terms of this Fourth Operating Memorandum and the Development Agreement, the terms of this Fourth Operating Memorandum shall control and prevail.
9) It is the mutual intent of the parties that the actions contemplated herein be completed as soon as reasonably possible. To achieve that goal, the City, City staff, and GLR will act in good faith in accordance with the Development Agreement and use their best efforts to expedite all procedures and approvals. Neither party is obligated to take any of the
actions described herein unless/until the conditions for the respective action as described
herein has been fulfilled. GLR and the City acknowledge and agree that payments agreed to by GLR in this Fourth Operating Memorandum are in consideration for and subject to the City’s performance of its obligations as described herein and subject to GLR obtaining the Final Approvals as described herein.
After review of these minor revisions and clarifications, the City Council finds that these minor revisions and clarifications are consistent with the Glen Loma Ranch Specific Plan and the Development Agreement, do not increase the density or intensity of use of the Property, do not
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ATTACHMENT A - REVISED EXHBIT ‘D” FOURTH OPERATING MEMORANDUM GLEN LOMA RANCH DEVELOPMENT AGREEMENT MitigationPhaseEarliestReimbursableTriggering EventMeasureofAnticipatedfor thePublic ImprovementImprovementYear ofImprovementImprovementCastro Valley/U.S. 101 Intersection (fair share contribution only)#29Phase 12006NoPayment with the issuance of the first Ph. 1 building permitMonterey Rd./Masten Avenue (1)#30Phase 12006YesOwner's Responsibility is the payment of Impact Fees, onlySanta Teresa Bvld./Miller Avenue (1)#31Phase 12006YesOperational prior to the issuance of the first building permit in either the Petite Sarah or The Grove Neighborhoods.Monterey Rd./10th Street Signal Modification #32Phase 12006NoConstruction to commence with the first Ph. 1 building permitThomas Road/Luchessa Avenue Intersection #33Phase 12006YesConstruction to commence with the first Ph. 1 building permitPrincevalle/Luchessa Ave. Intersection Signal (2)#42Phase 12006YesConcurrent with the Luchessa/Thomas intersection, above16.3 Acre City Park SiteN/APhase 12008NoCommence construction with the grading of the Mataro NeighborhoodSanta Teresa Blvd./ Ballybunion Drive Intersection #38Phase 22008YesOperational prior to the issuance of the first building permit for Phase 2Santa Teresa Blvd./Fitzgerald Ave. Signalization #34See Triggering EventUnknownYesIf Buildout exceeds 1467 Units + 12,000 s.f. commercial, then the need and timing will be determined through further analysis per CEQA requirements. (2)Fire Station #4N/AConstruction is City's ResponsibilityUnknownNoOwner payment schedule per Operating Memorandum No. 43.0 Acre City ParkN/AConstruction is City's ResponsibilityUnknownNoOwner payment schedule per Operating Memorandum No. 3Add left turn lane from Uvas Park Drive onto Miller Avenue35Phase 22025YesOperational prior to the issuance of the last building permit for the Filice Family/Christoper owned landsSanta Teresa Blvd. / First Street Intersection First Street - East of Santa Teresa Blvd. Segment #37#44See Triggering EventUnknownYesIf Buildout exceeds 1467 Units + 12,000 s.f. commercial, then the need and timing will be determined through further analysis per CEQA requirements. (2)Signalize the Uvas Park Drive/Miller Ave. Intersection and add northbound and southbound left-turn lanes#39See Triggering EventUnknownYesIf Buildout exceeds 1467 Units + 12,000 s.f. commercial, then the need and timing will be determined through further analysis per CEQA requirements. (2)Thomas/West Luchessa Intersection Improvement and the W. Luchessa Ave. Bridge Widening#41See Triggering EventUnknownYesIf Buildout exceeds 1467 Units + 12,000 s.f. commercial, then the need and timing will be determined through further analysis per CEQA requirements. (2)Monterey Road/Luchessa Avenue #43See Triggering EventUnknownYesIf Buildout exceeds 1467 Units + 12,000 s.f. commercial, then the need and timing will be determined through further analysis per CEQA requirements. (2)10th Street/Luchessa Ave. Intersection N/APhase 22011YesBuilt with surrounding street improvementsUvas Park Drive/10th Street Intersection N/AConstruction is City's ResponsibilityUnknownYesOwner's Responsibility is the payment of Impact Fees, only10th Street Bridge N/AConstruction is City's ResponsibilityUnknownYesOwner's Responsibility is the payment of Impact Fees, onlyNOTES:1. Although the Mitigation Measures for these items require that the improvements be installed only prior to Phase-3, theDeveloper has agreed to move this improvement forward as part of the Development Agreement2. Section 4.4.7 of the Development Agreement provides for the traffic study update to be completed prior to the issuanceof the building permit for the 1001st residential unit, which has been completed and the resulting changes that are documented in Addendum No. 2 to the Final Certified EIR for the Glen Loma RanchREVISED EXHIBIT 'D'LIST OF PUBLIC IMPROVEMENTS
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ATTACHMENT B - REVISED EXHIBIT "G" FOURTH OPERATING MEMORANDUM GLEN LOMA RANCH DEVELOPMENT AGREEMENT Parks and Fire Station
Public Facility Development Summary
Site/Description Size Site Offsite Total Cost
Cydney Casper Park
(previously Glen Loma Ranch Park)
3.3± Acre public park including: picnic area;
playground; and trail to project northerly boundary
(Loma Trail) plus:
• Loma Trail (originally part of old GLR park)
• The ½ street costs for extending Charles Lux Drive
from Cimino Street to Greenfield Drive; and
• A gravel walking path in Christmas Hill park on
City/County property, including connection to
future 10th Street near the new storm water basin;
• A Class 1 loop trail connected to the Santa Teresa
Trail at McCutchin Creek thru new park;
• The purchase of two motorized trail bikes with
related radio and emergency equipment, to be
given to the police department for their use in
patrolling the GLR open spaces and trails.
3.3 ± ac. Park $2,097,009 $441,916 $2,538,925
McCutchin Park (Previously Montonico
Park)
4.8 ± acre park with playground, Class 1 trail within the Park, and playfields, etc.
4.8 ± ac.
Park
$1,345,694 $262,500 $1,608,194
PAYMENTS AND OBLIGATIONS WILL BE PER THE THIRD OPERATING MEMORANDUM TO THE GLR DEVELOPMENT AGREEMENT. CITY WILL DESIGN & CONSTURUCT THE PARK
Fire Station Site
Sunrise Fire Station #3 site plan utilized for cost
projections.
1.5± ac.
Site within
Glen Loma
Town
Center
$4,175,772 $262,500 $4,438,272
PAYMENTS AND OBLIGATIONS WILL BE PER THE FOURTH OPERATING MEMORANDUM TO THE GLR DEVELOPMENT AGREEMENT. CITY WILL DESIGN & CONSTRUCT FIRE STATION
Cost Totals $7,613,501 $971,890 $8,585,391
Notes: 1. The costs may vary between "Site" and "Offsite" for each item, however the “Total Cost” shall be the
cost cap per Section 4.4.1.3, adjusted per Note 2, below.
The above cost caps are in Nov. 2005 dollars and are subject to a CCI adjustment per Section 4.4.1.3 of this Development Agreement.