CC Resolution No. 9936RESOLUTION NO. 9936
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING MODIFICATIONS TO A USE PERMIT
RELATED TO DEVELOPMENT PHASING
(APPLICATION NO. 15-U-96 (MOD.)
WHEREAS, the City of Cupertino has approved an application for a Use Permit
Application No. 15-U-96, as described in this resolution; and
WHERAS, the conditions of approval for said application have a provision for
development phasing.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino
hereby approves modification of Condition No. 17 of Application No. 15-U-96 as follows:
17. DEVELOPMENT PHASING
In order to ensure that the construction of the hotel (on parcel 2 of the zoning plot map) is
initiated in a timely fashion, the commencement of its construction shall occur prior to, or
simultaneously with, the issuance of building permits for any multi-family residential units on
Parcel 1. As used herein, "commencement of construction" means: 1) all plans for the
construction of the hotel (foundations and structure) must be submitted to, and approved by the
City and 2) all foundations for the hotel (including the installation of footings, and first floor
slab) must be completed and inspected by the City.
If the commencement of construction of the hotel has not occurred when the applicant
requests issuance of building permits for any multi-family residential units on Parcel 1, the
applicant may elect to proceed with construction of said units, prior to the commencement of
construction of the hotel by immediately tendering the sum of $1,000,000 to the City to be
retained by the City as security for the timely commencement of construction of the hotel. If
applicant tenders such amount to the City, then commencement of construction of the hotel shall
not be required prior to, or simultaneously with, the issuance of building permits for any multi-
family residential units on parcel 1 and the condition set forth herein shall be deemed satisfied to
the extent that it affects the development of Parcel 1.
Said sum shall be deposited with the City Treasurer and shall earn interest at the same
rate as other City short term investments. If the commencement of construction of the hotel
occurs within 240 days of the tender of said sum to the City, then, in that event, said sum
together with interest, shall be returned to the applicant. If commencement of construction does
not occur within said 240 days, then, in that event, said sum together with interest, shall be
retained by the City as liquidated damages. The specific procedures for tender, retention, and
return of said sum will be memorialized in an agreement between the applicant and the City to be
fully executed prior to close of escrow on the subject property.
Resolution No. 9936
Page 2
This condition becomes effective only upon the City's approval, prior to the second
reading of Ordinance 1764 amending 6-Z-96, of a fully executed Hilton standard form license
agreement which specifically provides that all conditions (with the exception of the completion
of the purchase of the subject property) described in Hilton's letter to Peter Pau dated May 12,
1997 have been fulfilled. Said agreement shall be reviewed by the City Attorney and approved
by the City Council before this condition becomes effective.
In the event that this condition does not become effective, the original conditions 4, 17,
and 6 contained in 6-Z-96, 15-U-96, and 8-TM-96, respectively, shall remain in full force and
effect.
PASSED AND ADOPTED at the regular meeting of the City Council of the .City of
Cupertino this 2nd day of September, 1997, by the following vote:
Vote_
Members of the City Council
AYES: Burnett, Chang, Bautista
NOES: Dean, Sorensen
ABSENT: None
ABSTAIN: None
ATTEST:
APPROVED:
(yo'r,'(~iiy of ~upe~i~