23-034 Amendment #1 dated 2-12-25 Vallco Property Owner - City Reimbursement Agreement1
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND VALLCO PROPERTY OWNER LLC FOR
REIMBURSEMENT OF CITY COSTS FOR PROCESSING THE RISE
(VALLCO TOWN CENTER) DEVELOPMENT PROJECT APPLICATIONS
This First Amendment to Agreement for Reimbursement of City Costs for
Processing the Rise (Vallco Town Center) Development Project Applications
(“Amendment”) is entered into by City of Cupertino (“City”), a California
municipal corporation, and Vallco Property Owner LLC (“Developer”), a
California limited liability company, on ____ day of __________, 20____, with
reference to the following facts and intentions.
WHEREAS, the City and Developer entered into that certain Agreement for
Reimbursement of City Costs for Processing the Rise (Vallco Town Center)
Development Project Applications effective April 1, 2022 (“Agreement”);
WHEREAS, the City and Developer now desire to adopt this Amendment
on the terms and conditions set forth herein.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are acknowledged, the parties agree as follows:
1. Amendments. The following revisions are hereby incorporated into the
Agreement as if fully set forth therein. Deletions are shown in strikethrough;
additions are shown in underline.
a. Paragraph 4(a)(ii). The text of Paragraph 4(a)(ii) is hereby amended as
follows:
4. Costs to be Reimbursed. [Omitted]
a. Internal Costs. [Omitted.]
i. City staff services. [Omitted.]
ii. City Attorney and Project Management Services. Legal
services billed to the City by the City Attorney, or his or her
delegate; and Project Management services, as shown
on Exhibit B. The City will add a contract administration
charge to the each Legal services or Project
Management services bill as set by the City’s fee schedule
in effect on the date of service provided.
12 February 25
2
b. Exhibit B. The rates charged under this Agreement (Exhibit B) are
hereby amended as follows:
EXHIBIT B - PROFESSIONAL SERVICE RATES FOR OUTSIDE LEGAL
SERVICES RATES FOR CITY STAFF AND OUTSIDE PROFESSIONAL
SERVICES
Aleshire & Wynder LLP
Partners $350
Associates $300
Paralegals $125
Law Clerks $95
Goldfarb & Lipman LLP Partners: $320 $390-$405/hour
Associates: $200 $285 - $385/hour
Senior Law Clerk $175 $270/hour
Law Clerk $140 $240/hour
Litigation Project Coord.
Coordinator $160 $240/hour
Craig Whittom Consulting $210/hour
City Staff
Any additional staff time will be reimbursed to the City at the fully
burdened rate. Fully burdened rate is defined as the total cost the City
incurs to provide a service, including direct expenses such as salaries
and benefits and indirect costs attributable to administrative support,
citywide services, and facility maintenance.
An administrative fee (15%) will be charged for outside agency
review/consultant services per City of Cupertino Fee Schedule A - General
Fees.
2. Effective Date. This Agreement is effective as of the date noted on page 1.
3. Counterparts This Agreement may be executed in two or more
counterparts, each of which shall be deemed to be an original, and all of
which taken together shall constitute one and the same instrument.
3
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed by their respective, duly authorized officers on the date listed below.
CITY OF CUPERTINO DEVELOPER
________________________ ______________________
Pamela Wu, City Manager Vallco Property Owner, LLC
Name: Reed Moulds
Title:
Approved as to form:
____________________________
Christopher D. Jensen, City Attorney
ATTEST:
____________________________
Kirsten Squarcia, City Clerk
Date:________________________
Authorized Representative
Christopher D. Jensen
Feb 12, 2025
VPO - City Reimbursement Agreement
Final Audit Report 2025-02-13
Created:2025-02-12
By:Araceli Alejandre (aracelia@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAhSHOGdFrNyfnvH-1Kl45ENkqH0voegMH
"VPO - City Reimbursement Agreement" History
Document created by Araceli Alejandre (aracelia@cupertino.org)
2025-02-12 - 0:26:29 AM GMT- IP address: 71.202.76.156
Document emailed to Reed Moulds (rmoulds@shpco.com) for signature
2025-02-12 - 0:36:54 AM GMT
Email viewed by Reed Moulds (rmoulds@shpco.com)
2025-02-12 - 1:35:43 AM GMT- IP address: 146.75.154.0
Document e-signed by Reed Moulds (rmoulds@shpco.com)
Signature Date: 2025-02-12 - 2:14:51 AM GMT - Time Source: server- IP address: 4.53.20.67
Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature
2025-02-12 - 2:14:52 AM GMT
Email viewed by Pamela Wu (pamelaw@cupertino.org)
2025-02-12 - 2:14:58 AM GMT- IP address: 52.202.236.132
Document e-signed by Pamela Wu (pamelaw@cupertino.org)
Signature Date: 2025-02-13 - 0:17:13 AM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature
2025-02-13 - 0:17:15 AM GMT
Email viewed by Christopher Jensen (christopherj@cupertino.org)
2025-02-13 - 0:17:24 AM GMT- IP address: 52.202.236.132
Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen
2025-02-13 - 0:22:13 AM GMT- IP address: 64.165.34.3
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2025-02-13 - 0:22:15 AM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2025-02-13 - 0:22:17 AM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2025-02-13 - 0:22:24 AM GMT- IP address: 3.232.50.116
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2025-02-13 - 1:13:57 AM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2025-02-13 - 1:13:57 AM GMT