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 final 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 ___ 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:
12.2.a
Packet Pg. 301 Attachment: Glen Loma - Third Operating Memorandum to Development Agreement (3769 : Glen Loma Ranch Development Agreement
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 ___, 2022.
CITY:
City of Gilroy,
a California municipal corporation Approved as to form
By: __________________________ By: __________________________ Jimmy Forbis Andrew L. Faber
City Administrator City Attorney
DEVELOPER:
Glen Loma Corporation,
a California corporation
By: __________________________
John M. Filice, Jr.
President
12.2.a
Packet Pg. 302 Attachment: Glen Loma - Third Operating Memorandum to Development Agreement (3769 : Glen Loma Ranch Development Agreement
OWNERS:
Filice Family Estate,
a California limited partnership
by its General Partner, Cugini Calabria LLC,
a California limited liability company
By: ___________________________
John M. Filice, Jr.
Manager
Donald C. Christopher a/k/a Donald Christopher
By: ____________________________
Donald C. Christopher
Christopher Ranch LLC,
a California limited liability company
By: ____________________________
Bill Christopher
Manager
The Christopher Family Partnership,
a California limited partnership
By: ____________________________
Frank Artie Christopher, Jr.
General Partner
By:_____________________________
Anna Noreen Christopher
General Partner
12.2.a
Packet Pg. 303 Attachment: Glen Loma - Third Operating Memorandum to Development Agreement (3769 : Glen Loma Ranch Development Agreement
D Christopher & Sons LLC,
a California limited liability company
By: ____________________________
William A. Christopher
Manager
12.2.a
Packet Pg. 304 Attachment: Glen Loma - Third Operating Memorandum to Development Agreement (3769 : Glen Loma Ranch Development Agreement
12.2.b
Packet Pg. 305 Attachment: Exhibit A - MC Park Parcel - OM (3769 : Glen Loma Ranch Development Agreement Operating Memorandum)