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86-004 Forge Vidovich Motel Limited Partnership, Cupertino Inn M C N9 ^_4 Ohl of Cupertino 10300 Torre Avenue - . P.O. Box 500 Cupertino,California 95014 - Cupertino,California 95015 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK March 17, 1986 Laurie Kane Office of the Recorder 70 West Redding Street San Jose, CA 95110 • • DOCUMENT FOR RECORDATION Will you please record the enclosed document as follows: One (1) certified copy of Resolution No. 6777, along with one (1) copy of the Agreement by andbetween the City of Cupertino and Forge-Vidovich Motel Limited Partnership. . I have enclosed one (1) complete copy for fast endorsement. Thank you for your cooperation. Since ely, / rl0j � i DOR•' -Y CORNEL IS CITY CLERK CITY OF CUPERTINO - Y -. •1 .( _ • DC/so encl. • cc: Department of Public Works . - • NO FEE IN ACCO DANCE 8731573 WITH 60V CODE 6103 RESOUJTION NO. 6777 J 64 pAGE1189 " ,(,t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY AND RETU9:RN TO CITY FORGE-VIDOVICH MOTEL LIMITED PSP PROVIDING FOR THE OF CUTER)INC UNDERGFXJCJNDING OF UPTIUTIES ON A DEFERRED BASIS ON THE WEST 10300 TORTE AVE. SIDE OF DE ANZA BOULEVARD, NORTH OF HIGHWAY 280 CUPERTINO, CA 95014 WHEREAS, Forge-Vidovich Motel Limited Partnership, hereinafter referred to as "Developer", desires to develop his property on the west side of De Anza Boulevard north of Route 280;- and WHEREAS, Developer wishes to defer the undergrounding of utility lines fronting DeAnza Boulevard;and WHEREAS, an agreement has been presented to the City Council providing for the deferred urdergrrundin of utility lines at the sole cost of the Developer all as more fully outlined in said agreement. • NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. BE IT FURTHER RESOLVED that the City Clerk is authorized to the said agreement with the Santa Clara County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on this 3 day of March , 1986, by the following vote: N s -n VOTE MEMBERS OF THE CTTY COUNCIL ao a • N oz; Ct. r_ _ u AYES: Gatto, Johnson, Plungy, Sparks, Rogers m g S. eCi ° r CO .9 c NOES: None 0 in— m AASTAfl1:None c� �' ;=: ca 0 ASSENT: None ., p p ID Co) ATTEST: APPROVED: -1 rn /s/ Dorothy Cornelius /s/ Barbara A. Rogers CITY CLERK MAYOR �, n,\nnA44,;. • j THIS IS':TO CF `fl Fyr.,0 :1P/ty,}}�;5'!,�TrrHIN INSTRUMENT IS TRUE AND COI:9lfr,Z I'<COPY OF THE ORIGINAL,EJN FILE IN.THIS DF.FICE. ./ - s.. �ji i ATTESTS:' C(��!VV CITY CLEC�'�q "'''� r. HE CITY-0-At" ->-TIJNJO 9Y 0 0 A • • ':: . RECEIVED • JAN 29 1986 • DE ANZA PROPERTIES • • • DEFERRED UNDERGROUNDING • AGREEMENT J 641 PAGE 1190 This is an agreement between the City of Cupertino, hereinafter referred to F e Vi,d�7n 9�t I,�mited Partnership as CITY and (�F�IE���n �1gF?E hereinafter referred to as DEVELOPER, made by and between the parties this 3rd day of March 19 86 • WHEREAS, DEVELOPER desires to develop the property described in Exhibit "A", attached and made a part hereof by reference, and wished to defer the under • - grounding of utility lines fronting DE ANZA BOULEVARD * ; and WHEREAS, the DEVELOPER further agrees to perform at his sole cost all the work necessary to complete the undergrounding of said utility lines; and WHEREAS, the costs for the undergrounding are reduced when the undergrounding is done in conjunction with other projects on and along the frontage of De Anza Boulevard ; and WHEREAS, the City and the DEVELOPER jointly agree to defer the work until a larger project is organized. • NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, to wit: 1. Installation of Work The DEVELOPER shall install and complete the undergrounding of sdid utility lines, in conjunction with any project for undergrounding said . • utility lines on or fronting the properties on ; adjacent to the mabove mentioned property described in Exhibit "A". • 2. Deferment • It is further agreed that the DEVELOPER shall furnish, construct, and install at his own expense upon six (6) month notice from the CITY, in which event the work of undergrounding said utilities must be completed within one (1) year thereafter, or no later than ten (10) years from the date of this agreement. * Whereas , the cost of undergrounding the utility lines ex- • tending. across I-280 shall not be the responsibility of • developer.'' • • • Sy,C GENERAL ACKNOWLEDGMENTJ 6 [ .4 - :N920, State of`,�� I ` On this the._,_• day of riviie 19 0� before e, 1. SS. to Ls)) County of et. 0 r ii thersigned Notary Public, personally appearedo o o cr"del Otae-e-Z 0 1 VIconal ly known to me ti • OFFICIAL SEAL 0 proved to me on the basis of satisfactory evidence ` 1 0.,, JUANITA E TERRY t to be the person(s)whose name(s) -e6 subscribed to the y;7 `, NOTARY Nem -CALIFORNIA • SANTA CUIRA COUNTY within instrument,and acknowledged that v..--) executed it. My comm. expires APR 3, 19Cs ' WITNESS my hand and official seal. \ o \ dogrEigna ure ti C/ � • +r AGREEMENT –,Page z J 6 4 1 PAGE 1 1 9 1 The DEVELOPER further agrees to cooperate, upon notice by the CITY, with • other property owners, the CITY and other public agencies to provide the. • undergrounding of utilities as set forth herein under a joint" cooperative '\\ • plan, including the formation of a local improvement district, if' this method is feasible, to secure the installation and construction of said undergrounding. • 3. Successors - Run with Land This agreement shall bind the heirs, administrators, executors, successors, assigns and transferees of DEVELOPER. It is agreed and under- stood that this agreement shall be filed for record in the Office of the County Recorder of the County of Santa Clara, State of California, and • - that the covenants in this Agreement shall run with the land, a description of which is contained in Exhibit "A" which is attached hereto and made a • part hereof by reference, and are for the benefit of the other lands in the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to the hereto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. DEVELOPER: fo.5e_U;Jed;.k p1e'1ej L .64r•Jtork.\ (' :f CITY OF CUPERTINO: -, ii // / ,w rJ+l• /i rr nror pft . 1 J.;.j Cit Clerk:.•..,!?-1L Approved as to f Ain: .<:' Al, I , • ' 1i -. A „ r . 'ity Attorney • EXHIBIT "A" ATTACHED • a • ,) • 0 • • ' a r • J 641PAGE 1193 EXHIBIT "A" That certain real property situate in the city of Cupertino, County of Santa Clara, more particularly described in the following: Being that parcel delineated in a Record of Survey "Otis F. Forge" filed k for record @ Book 152 of Maps, Page 10. Santa Clara County Records. • 4. • • 4 e . :fc a sr. itCt Citsi of Cupertino • . • 10300 Torre Avenue 't • 4.1, Cupertino,California 95014 .=•-• • • • Cupertino,California 95015 • ' " . • f Telephone (405)2524505 OFFICE OF THE CITY CLERK February 27, 1986 „ , • : - e - • ••4 • L.! 11;., - ••• "1, `," If • lac% .7., ' '4 :31# frr 1:.7°^-4,1,,,, I • John• Vidovich " • • • ts .:•• • ' • •• *,• ' •• • " ' -" Pr' r,..••:"."Y • f- 4. • Vi ' ife "1307 S. Mary Avenue ‘, - • .„ . .• • - Sunnyvale, CA 94087 COVENANTS RUNNING WITH THE LAND There is transmit ted for your files (1) one,fully executed your , • s„. e-.* • f "t • and recorded copy of the Covenants Running With The Land for • ' , , . '" •.1„-; ••Application' 15-U-85. •• ".:•• • -, , ••• Sincerely, • • a/9 lr Dorothy Cornelius . , City Clerk • City of Cupertino DC:afv • • ' ' • • • • • • • , • . • • . — , ./7 ' 8665 a 8665361 Recording Requested By: 584PAGE 4 4 't FILMFORRECORD JOHN VIDOVICH $ AT RECIJEST OF When Recorded Mail To: 4 VC4 ©1 MI filRETURN TO crriJ �N d JAH 24 9 Zia MI 111& �/ OF CUPERTIMO - 1030b, TORRE AVS - ' a. . ° FFIc, RECW3DS CUPERTINO, CA 9509 SAR7rA CLARA COUNTY LAURIE KANE NO FEE IN ACCORDANCE COVENANTS RUNNING WITH THE LAND RECORDER WITH 6QV CODE 610$ WHEREAS , Forge-Vidovich Motel Limited Partnership, a California Limited Partnership, hereafter "Forge-Vidovich" , owns certain property in the City of Cupertino, County of Santa Clara, commonly known as 10889 North De Anza Boulevard and more partic- ularly described as "All that certain 2 . 006 ac Parcel of land shown on Record of Survey filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on September 18, 1962 in Book 152 of Maps, at page 10 . " WHEREAS, Forge-Vidovich has applied for approval from the Planning Commisssion and the City Council of the City of Cupertino for a use permit to allow construction of a four-story motel building on the above--mentioned property; and WHEREAS, said approval, by the City of Cupertino was granted on June 3, 1985 per Application 15-U-85 was conditioned upon Forge-Vidovich entering into certain ingress/egress ease- ments with the adjoining property owners, 'a'ssessor parcel numbers 326-10-040 and 326-10-041, when and if said property owners are obligated to participate in a similar agreement; now WHEREAS, Forge-Vidovich are unable to enter into said agreements, they hereby agree to perform said conditions as follows: 1. Forge Vidovich shall participate in reciprocal ingress/egress easements with above-mentioned property owners pursuant to existing City requirements at sudh time in the future • when the City can require the same of the above property owners. 2. This agreement is intended to be a covenant run- ning with the land, shall bind and inure to the benefit of the heirs, personal representatives, successors, and assigns of each • present or future owner of the property described herein. Dated: 0 C\CS\-3e 2`lf \ c1. co-5 By: NI ;-CicN, Jeff Vidovich, General Partner • or e-Vidovich Motel Limited Partnership STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA ) On (fiaWk..) e%1 /yfS , before me, the undersignea, a Notary Public in and fog the County of Santa Clara, State of California, duly commissioned and sworn, personally appeared John Vidovich known to me to be the General Partner of Forge-Vidovich Motel Limited Partnership, a limited partnership, the limited partner— ship that executed the within instrument and acknowledged to me that such limited partnership executed the same. ,2Luet ee� _ — 10 ry Public OFFICIAL SEAL A^ frip JUANITA E TERRY • d rtt NOTARY PIIOLIC - CALIFORNIA kr SANTA CLARA COUNTY My comm. expires APR 3, 1988 • J 584PAGE 449 CITY OF CUP ERT I N O City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND- ING APPROVAL OF A USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a USE PERMIT, as stated on Page 2; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a. That the use or uses are in conformance with the general plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b. That the property involved is adequate in size and shape to accommodate the proposed use. c. That the proposed use will not generate a level of traffic over and beyond that of the capacity of the existing street system. d. That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed use nor injurious to property and improvements in the neighbor- hood. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application of the USE PERMIT is hereby reconmtended for approval, subject to the conditions stated on Page 2; and BE IT FURTHER RESOLVED: That the aforementioned findings be approved and adopted, and that the Secretary be, and is hereby directed to notify the parties affected by this decision. is-u-8s , ' J 584PAGE 448 • RESOLUTION NO. 2636 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL TO CONSTRUCT A FOUR-STORY 126 866536 UNIT MOTEL AND TWO LEVEL PARKING STRUCTURE. APPLICANT: De Anza Properties ADDRESS: 1307 S. Mary Avenue, Sunnyvale, California 94087 SUBMITTED: March 25, 1985 LOCATION: Northwest corner of Highway 280 and De Anza Boulevard FINDINGS AND SUBCONCLUSIONS: Approval is subject to the findings as set forth on Page 1 and subconciusions as set forth in the Minutes of the Planning Commission meeting of May 13, 1985. CONDITIONS: 1-15. STANDARD CONDITIONS Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. 16. APPROVED EXHIBITS That the recommendation of approval is based on Exhibits • A 1st Revision, A-1 1st Revision, A-2 1st Revision, A-3, B 1st Revision, B-1 1st Revision, B-2 1st Revision, B-3, B-4, B-5, B-6, Applicant' s Letter dated May 8, 1985 and Project Summary of Application 15-U-85 except as may be amended by special conditions enumerated herein. 17. PROPERTY USE CONSTRAINTS Approval is granted to construct a four-story hotel consisting of approximately 57,600 sq. ft. devoted to lodging facilities and approximately 1 ,750 sq. ft. devoted to ancillary areas including a cocktail lounge/food service facility and additional meeting rooms. In no case shall the total square footage exceed a .7 floor area ratio consistent with Planning Commission Resolution No. 2525. The number of hotel rooms is approved for a maximum of 126. Additionally, there may be lodging facilities for employees. Hours of operation are not limited. YHIS IS TO CERTIFY THAT THE WITHIN INSTRUMENT IS ATRUE AND CORRECT COPY 1 OF THE ORIGINAL "ON FILE IN THIS OFFICE. ATTEST ' '_ �6O/ , 1 CITY CL K NE THE CITY , 03 ERTINO 8Y arc/ ��/ CIT CLERK J584 PAGE 450 Planning Commission Resolution No. 2636 (Continued) 15-U-85 18. MODIFICATION OF THE APPROVED DEVELOPMENT PLAN In the event that the applicant or subsequent property owner shall desire to make any minor change, alteration or amendment • in the approved development plan or building permit, a written request and revised development plan or building permit shall be submitted to the Director of Planning and Development. If the Director makes a finding that the changes are minor and do not affect the general appearance of the area or the interests of owners of property within or adjoining the development area, the Director may certify the change on the revised plan. If such approval is withheld, the applicant may appeal to the Planning Commission. If the changes are material , the Director shall submit said changes to the Planning Commission for approval . If the change is denied by the Planning Commission, the applicant may appeal to the City Council as provided in Ordinance 652 of the City of Cupertino. If the change is approved, an appeal my be made by an interested party. Further, any member of the City Council may request a hearing before the City Council , said request to be made within ten (10) days from the date of approval - when the change has been approved by the Planning Commission. 19. FUTURE INGRESS/EGRESS EASEMENTS The applicant shall sign an agreement to participate in a reciprocal access easement with the adjoining property owner (s) when said property owner (s) are obligated to participate in a similar agreement. 20. SITE AND BUILDING PAD The building pad shall not exceed height of a 3 ft. above the existing natural grade. Parking areas on the north, south and east side of the building shall be recessed to minimize light intrusion into the first floor rooms and to better screen the pavement areas from public view along De Anza Boulevard. • 21. LANDSCAPING AND SIDEWALK The plan shall accommodate a minimum of 40 ft. of landscape area (including a 5 ft. sidwalk) as measured • from the edge of the building and/or porte cachere to the curb on De Anza Boulevard. The plan shall accommodate a minimum 10 ft. parkway planted with lawn similar to the treatment along North De Anza Boulevard and Stevens Creek Boulevard. Landscaping shall accommodate 24 inch box Evergreen trees to partially screen and accent the building as viewed from public street areas. 2 J584PAGE 451 Planning Commission Resolution No. 2636 (Continued) 15-U-B5 22. ARCHITECTURE • To add interest and variety, the north elevation shall be modified. The final design shall be forwarded to the Architectural and Site Approval Committee for final - approval. 23. BUILDING MATERIALS Window treatment shall include a flush-mounted grey tinted glass with a baked enamel "red burgundy" window frame. The columns are finished off in a grey tile material . The same tile shall be incorporated into the 'window indentations along the north elevation. 24. STREET DEDICATION The applicant shall dedicate land sufficient to accommodate an additional southbound lane on De Anza Boulevard equalling approximately 10 ft. in width and shall complete the street improvements to standards of the City of Cupertino. The minimum landscape area specified in Condition No. 21 shall be retained. The reduced setback area from curb line shall be made up by further indenting the porte cachere into the first floor and/or reducing the length of the building. 25. RELOCATING DRIVEWAY The applicant shall work with the neighboring property owner to the north to consolidate the two driveways into a single driveway preferably located on the adjacent parcel to the north or shared on the common property line. 26. EMERGENCY FIRE VEHICLE ACCESS The site and architectural plans shall be modified to provide access for emergency fire vehicles. The revised plan shall be approved by the Director of Planning and Development following consultation with the Central Fire District. PASSED AND ADOPTED this 13th day of May, 1985, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Mackenzie, Sorensen, Vice Chairman Szabo NAYS: Commissioner Adams ABSTAIN: None ABSENT: Chairman Claudy ATTEST: APPROVED: /S /James H. Sisk /S /Nicholas Szabo• James H. Sisk Nicholas Szabo, Vice Chairman Planning Director Planning Commission s J 584PAGE 452 CITY OF CUPERTINO, STATE OF CALIFORNIA CC-672 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 25204505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JUNE 3, 1985 IN THE COUNCIL CHAMBER, CITY HALL, CUPERTINO, CALIFORNIA SALUTE TO THE FLAG ROLL CALL Counc. Present: Gatto, Plungy, Rogers, Sparks, Mayor Johnson Staff Present: City Manager Quinlan City Clerk Cornelius Director of Public Works Viskovich - Director of Planning and Development Sisk Director of Parks and Recreation Dowling Assistant to the City Manager Brown Accounting Officer Hoffman Community Affairs Officer Blackburn Planner I Binnendyk r�;Y City Attorney Kilian POSTPONEMENTS OR NEW AGENDA ITEMS - None. STAFF REPORTS 1. Oral reports by staff members and submission of written reports. City Manager's Report Letter from De Anza College - Redevelopment Agency - It was Letter from moved by Counc. Rogers, seconded by Counc. Gatto and passed De Anza re unanimously to direct staff to find out guidelines and redevelopment restrictions regarding project areas and redevelopment agencies agencies prior to considering of joint meeting with Foothill-De Anza board and so notify De Anza College president. Letter from Janice Yee - Library - It was moved by Counc. Janice Yee - Rogers, seconded by Counc. Gatto and passed unanimously to library direct staff to pursue the matter of loss of revenue from redevelopment and annexations. Letter from Reagan-Bush Committee - It was moved by Counc. Reagan-Bush Gatto, seconded• by Counc. Rogers and passed with Council members Plungy and Sparks dissenting that the City no longer pursue collection of security costs. -1- t . J584PAGE 453 MINUTES OF THE JUNE 3, 1985 CITY COUNCIL MEETING (CC-672) Meeting Review of schematic design - Civic Center - By consensus, with Civic Council changed the date of the meeting with the architects Center archi- to July 29. tects Cogswell College Director of Planning and Development Sisk reviewed the request with Council. Bradford Liebman representing Bradford Financial answered questions from Council. Rachel Craven, faculty wife of instructor at De Anza College, informed Council that De Anza College does support this application. Her concern was traffic along Stelling, McClellan and Bubb. She requested that Council consider the impact of traffic carefully. Chris Brandmeir of Cogswell College discussed the proposed student interaction with De Anza College. Rachel Craven stated that public schools have to comply with the Field Act (earthquake safety) and asked if private schools also had to. She was informed they do not. She ��JJ suggested that Cogswell provide a traffic control officer. 3rd. 360 It was moved by Counc. Rogers, seconded by Counc. Plungy conditions and passed with Counc. Sparks dissenting to adopt a minute amended to order amending Exhibit C of Ordinance No. 360 expanding it allow tech- to include a technical college per Planning Commission nidal Resolution No. 2645. college Council directed staff to return with clarification ' regarding the specific ratio of students to parking places. City Clerk's Report Cupertino Cupertino Boosters Club Bingo Permit - It was moved by Boosters Counc. Gatto, seconded by Counc. Rogers and passed bingo permit unanimously to extend the bingo permit of the Cupertino High School Boosters Club for a one month period. COUNCIL REPORTS Legislative 4. Counc. Plungy: Legislative Review Committee - It was Review moved by Counc. Plungy, seconded by Counc. Gatto and passed Committee unanimously to take the following actions regarding pending legislation: Support AB 164, annexations; oppose ACA 29, restrictions on. financing; oppose AB 1551, county surcharge; support AB 1209, schools for traffic violations, -2- • J5S4PAGE 454 MINUTES OF THE JUNE 3, 1985 CITY COUNCIL MEETING (CC-672) fees; oppose AB 2198, Naylor Act repeal; refer copies of AB 2341, transportation, AB 19, state funding of trial costs, and SB 300 transportation, to staff. 6. Counc. Sparks: BMR Subcommittee - It was moved by BMR items - Counc. Sparks, seconded by Counc. Gatto and passed continued unanimously to continue BMR items and consideration of Woodspring's request for waiver of BMR requirement to the regular meeting of July 1. CONSENT CALENDAR Counc. Gatto removed Item 9; Counc. Plungy removed Item 12. Items removed It was moved by Counc. Gatto, seconded by Counc. Rogers and Consent Cal- passed unanimously to approve the balance of the Consent endar Calendar as submitted. approved 7. Resolution No. 6579: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and • Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending May 24, 1985." 8. Resolution No. 6580: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and from the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending May 14, 1985." 9. Removed - Heard with Item 40 under New Business.. 10. Resolution No. 6584: "A Resolution of the City Council of the City of Cupertino Approving the Final Map and Improvement Plans of Tract No. .7694 Located November and Festival Drives; Developer, De Anza Group; Accepting Certain Easements; Authorizing Signing of Final Map and Improvement Plans; Authorizing the Execution of Agreement in Connection Therewith." 11. Resolution No. 6585: "A Resolution of the City Council of the City of Cupertino Approving the Final Map and Improvement Plans of Tract No. 7662 Located Rodrigues Avenue; Developer, Cupertino Town Center Property; Accepting Certain Easements; Authorizing Signing of Final Map and Improvement Plans; Authorizing the Execution of Agreement in Connection Therewith." 12. Removed. • -3- J 584PAGE 455 MINUTES OF THE JUNE 3, 1985 CITY COUNCIL MEETING (CC-672) 13. Acceptance of City project performed under contract: (a) Bianchi Way Street Improvement, Project 85-11. (b) Miramonte Road and Stevens Canyon Storm Drain and Water Main Project 83-06. 14. Acceptance of municipal improvements: (a) Iradj Ardjomand-Kermani Project on Alcalde Road at Cordova. (b) Tract No. 6634, Canyon View Circle, Childress. (c) Tract No. 6936, Monta Vista Circle, Childress. (d) Boghoshian-Bidegary, Miramonte Road. (e) Ekim Painting - Imperial Avenue. 15. Resolution No. 6587: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 3 for Foothill Boulevard and Stevens Creek Boulevard Traffic Signal, Project 80-15." 16. Resolution No. 6588: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 5 for Homestead Road and Wolfe Road Traffic Signal Modification Project 82-09." 17. Summons and complaint filed on behalf of Pantea Etminan and Patrician Etminan. 18. Application HC-51 ,614:1 - Tom L. Hall (Cal Coast Signs) - Requesting approval of a .Sign Exception to install one double face, internally illuminated monument sign to be located on the south side of Homestead Road, 450 ft. west of Stelling Road (business) (21040 Homestead Road) . Recommended for Approval. 19. Request for waiver of fees for use of the Cupertino Senior Community Center by the Cupertino Sertoma Club , and business license fees for 1985. 20. Resolution No. 6594: A Resolution of the City Council of the City of Cupertino Authorizing Execution of 'Agreement for Deposit' with De Anza Group for Construction of an Access Road in Conjunction with the Development of Tract No. 7694, November and Festival Drives." • -4- J58 /1 PAGE 456 MINUTES OF THE JUNE 3, 1985 CITY COUNCIL MEETING (CC-672) 21. Resolution No. 6583: "A Resolution of the City Council of the City of Cupertino Approving Lot Line Adjustments Between Parcels of Land Without a Parcel Map in Accordance with Section 66412(d) of Subdivision Map as Amended January 1, 1984: Between Lot A, Tract No. 2167, and Lot 14, Tract No. 7683; Between Lot 40, Tract No. 2167, and Lot 13, Tract No. 7683." 22. Minutes of the adjourned regular meeting of December 5, 1985 (CC-660A). 23. Minutes of the regular meeting of May 20, 1985 (CC-671). Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, Johnson NOES: None ABSENT: None ABSTAIN: Rogers (Item 23 only) • ITEMS REMOVED FROM CONSENT CALENDAR 12. Resolution No. 6586: "A Resolution of the City Council ' of the City of Cupertino Approving Modification to the Improvement Agreement for Tract No. 7661, Developer, Cupertino Town Center Property, Rodrigues Avenue." • It was moved by Counc. Plungy, seconded by Counc. Rogers Res. 6586 and passed unanimously to adopt Resolution No. 6586. adopted ORAL COMMUNICATIONS 25. Mr. David B. Herberg, David Herberg Photography, regarding business licenses. Mr. David B. Herberg addressed Council regarding business licenses. He stated that he had received a letter requesting a payment of $50 to cover a two-year period plus a $12.50 penalty. Council discussed the possibility of an amnesty of payment of penalty for a limited period of time. It was moved by Counc. Plungy, seconded by Counc. Gatto and Amnesty re passed unanimously to direct the City Attorney to prepare a business resolution to provide a 60-day amnesty for payment of any license penalties due on unpaid business license taxes, the 60 days penalties to start from • date of notification to those owing such N taxes. -5- • • • • J 584pAGE 457 MINUTES OF THE JUNE 3, 1985 CITY COUNCIL MEETING (CC-672) 26. Proclamation in recognition of Safety Specialists, Inc. and Cupertino Jaycees Household Poison Collection Day. Mayor Johnson presented the proclamation to representatives. of the group. 27. Members of the audience regarding matters not on the agenda - None. PUBLIC HEARINGS 28. Consideration of annexation of area designated "Imperial Avenue 85-02." (a) Resolution No. 6589: "A Resolution of the City Council of the City of Cupertino Ordering Annexation of Area Designated as 'Imperial Avenue 85-02' ." Public hear- It was moved by Counc. Gatto, seconded by Counc. Sparks and • ing closed passed unanimously to close the public hearing. Res. 6589 It was moved by Counc. Gatto, seconded by Counc. Sparks and Feted passed unanimously to adopt Resolution No. 6589. C 29. Application 5-Z-85 of Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints - A Utah Corporation: Rezoning approximately 2.85 gross acres from R1-10 (Residential Single-Family, 10,000 sq. ft. minimum lot size) and R1-10ag (Residential Single-Family, 10,000 sq. ft. minimum lot size, agricultural uses allowed) zoning districts to BQ (Quasi-Public) zone and Environmental Review: The Planning Commission -recommends the granting of a Negative Declaration. The subject property is located on the east side of Stelling Road approximately 125 ft. south of Pepper Tree Lane. Recommended for approval. (This application to be heard in conjunction with Application 2-U-67 (Revised). (a) First reading of Ordinance No. 1298: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately 2.85 Gross Acres . from R1-10 and R1-10ag Zoning Districts to BQ Zone; Located on the East Side of Stelling Road Approximately 125 Ft. South of Pepper Tree Lane." PLANNING APPLICATIONS 35. Application 2-U-67 (Revised) of Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints - A Utah Corporation: Use permit to _6_ • J 584 PAGE 458 MINUTES OF THE JUNE 3, 1985 CITY COUNCIL MEETING (CC-672) 35. (continued) add 2,430 sq. ft. to an existing Church facility with 16,220 sq. ft. for a total of 18,650 sq. ft. and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subject property is located on the east side of Stelling Road approximately 125 ft. south of Pepper Tree Lane. Recommended for approval. (This application to be heard in conjunction with Application 5-Z-85. ) Director of Planning and Development Sisk reviewed the applications with Council. Director of Public Works Viskovich informed Council that the staff recommends deletion of Condition No. 18. It was moved by Counc. Gatto, seconded by Counc. Sparks and Public hear- passed unanimously to close the public hearing. ing closed ' It was moved by Counc. Sparks, seconded by Counc. Gatto and Negative Dec. passed unanimously to approve the Granting of Negative for 5-Z-85 Declaration for Application 5-Z-85. It was moved by Counc. Sparks, seconded by Counc. Gatto and 5-Z-85 passed unanimously to approve Application 5-Z-85 per approved Planning Commission Resolution No. 2620. It was moved by Counc. Plungy, seconded by Counc. Gatto and First reading passed unanimously to read ordinance No. 1298 by title Only of Ord. 1298 and the City Clerk's reading to constitute the first reading thereof. It was moved by Counc. Gatto, seconded by Counc. Sparks and Negative Dec. passed unanimously to grant a Negative Declaration for for 2-U-67 Application 2-U-67 (Revised). (Revised) It was moved by Counc. Gatto, seconded by Counc. Plungy and 2-U-67 (Rev.) passed unanimously to approve Application 2-U-67 (Revised) approved per Planning Commission Resolution No. 2621 with Condition No. 18 deleted.. PUBLIC HEARINGS (continued) 30. City of Cupertino: Adoption of policy stipulating the below-market rate housing requirement for a senior citizen housing project. Recommended for approval. (a) Resolution No. 6595: "A Resolution of the City Council of the City of Cupertino Adopting a Policy Stipulating the Below-Market Rate Housing Requirement for a Retirement Facility." -7- • J 584PAG E 459 (e) MINUTES OF THE JUNE 3, 1985 CITY COUNCIL MEETING (CC-672) Planner I Binnendyk reviewed the staff report with Council. John Vidovich, developer, discussed bond financing and the below market rate housing requirement for a senior housing project. He felt that in the case of a. senior housing project the BMR requirement was not appropriate. Beverly Lawrence of the Midpeninsula Citizens for Fair Housing stated that it looked as if Mr. Vidovich's project would demand that residents take services as it appeared that no kitchens would be provided. She requested that Council delay the decision on this matter until July 1 when other BMR decisions will be made. Ann Anger asked if a survey had ever been done regarding low income senior in Cupertino. She quoted from an article printed in the San Jose Mercury News May 10, 1985 that said over 80% of seniors own their home free and clear. Iola Hendricsen, a Cupertino senior, stated agreement with • Ms. Lawrence. She informed Mr. Vidovich that seniors don't need three meals a day as they are not active. She said that services are usually included in the rent and are not extras. California, like Florida, has many seniors because the weather is agreeable to them. Mr. Vidovich informed those present that services and rent would be one fee and not separate charges. BMR require- ment for It was moved by Counc. Gatto, seconded by Counc. Plungy and senior passed unanimously to continue the public hearing to the housing regular meeting of July 1. continued 31 . Application 7-Z-85 of De Anza Properties (Otis Forge): Rezoning approximately two acres from ML (Light Industrial) zone to P (Planned Development with Commercial intent) zone and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subject property is located on the northwest corner of Highway 280 and De Anza Boulevard. Recommended for approval. (This application to be heard in conjunction with Application 15-U-85.) (a) First reading of Ordinance No. 1307: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately Two Acres from ML Zone to P Zone; Located. on the Northwest Corner of Highway 280 and De Anza Boulevard." -8- J 584PAGE 4G0 MINUTES OF THE. JUNE 3, 1985 CITY COUNCIL MEETING (CC-672) PLANNING APPLICATIONS (continued) 36. Application 15-U-85 of De Anza Properties (Otis Forge): Use Permit to construct a four-story, 126 unit motel and two level parking structure and remove an existing lumber yard and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subject property is located on the northwest corner of Highway 280 and De Anza Boulevard. Recommended for approval. (This application to be heard in conjunction with Application 7-Z-85). Director of Planning and Development Sisk reviewed the applications with Council. John Vidovich, developer, described the project and discussed the north elevation. In regard to Condition No. 20, he stated that the east side parking would be depressed but not extremely low. He requested Condition No. 23 be revised to delete any reference to columns. He requested that the driveway not be relocated as stated in Condition No. 25. Dennis Henmi, architect, San Francisco, requested that Condition No. 21 be modified to state minimum 40 ft. landscaping and that an amendment be included to show an average of 45 ft. setback. It was moved by Counc. Sparks, seconded by Counc. Rogers Public hearing_ and passed unanimously to close the public hearing, closed It was moved by Counc. Gatto, seconded by Counc. Rogers and Negative Dec. passed unanimously to approve the granting of a Negative for 7-Z-85 Declaration for Application 7-Z-85. It was moved by Counc. Gatto, seconded by Counc. Sparks and 7-Z-85 passed unanimously to approve Application 7-Z-85 per approved Planning Commission Resolution No. 2635. It was moved by Counc. Plungy, seconded by Counc. Rogers First reading and passed unanimously to read Ordinance No. 1307 by title of Ord. 1307 only and the City Clerk's reading to constitute the first reading thereof. It was moved by Counc. Gatto, seconded by Counc. Rogers and Negative Dec. passed unanimously to grant a Negative Declaration for for 15-U-85 Application 15-U-85. It was moved by Counc. Gatto, seconded by Counc. Rogers and 15-U-85 passed unanimously to approve Application 15-U-85 per approved Planning Commission Resolution No. 2636 with Conditions amended as follows: -9- • J • J 58 zi PAGE 461 MINUTES OF THE JUNE 3, 1985 CITY COUNCIL MEETING (CC-672) Condition 17 amended to read "residential inn" instead of "hotel."' Condition No. 20 amended to state that the parking areas on the north, south and east sides of the building shall be "depressed" instead of "recessed." Condition No. 21 amended to delete the statement that the plan shall accommodate a minimum of 40 ft. of landscaped area and state that the plan shall accommodate an average of 45 ft. of landscaped area. Council directed that after ASAC's final approval it come back to the Council on the Consent Calendar and directed staff to tell ASAC that Council is concerned because of the prominence of this location and that if a simple form is used for the building, top quality materials should be used. RECESS: 9:30-9:45 p.m. PUBLIC HEARINGS (continued) 32. Revision of certain fees for permits and inspections of hazardous materials storage. (a) Resolution No. 6590: "A Resolution of the City Council of the City of Cupertino Establishing Certain Fees for Permits and Inspections of Hazardous Material Storage and Superseding Resolution No. 6191." Public hear- It was moved by Counc. Gatto, seconded by Counc. Sparks and ing closed passed unanimously to close the public hearing. Res. 6590 It was moved by Counc. Sparks, seconded by Counc. Gatto and, adopted passed unanimously to adopt Resolution No. 6590. 33. Consideration of street name change from "Daiwa Court" to "Vernie Court." (a) Resolution No. 6591: "A Resolution of the City Council of the City of Cupertino Ordering Street Name Change within the City of Cupertino Pursuant to Section 5026 of the Streets and Highways Code, State of California; Change 'Daiwa Place' to 'Vernie Court,' Tract 7213, South of Bollinger Road West of Defoe Drive." nic hear- It was moved by Counc. Sparks, seconded by Coyne. Rogers ing closed and passed unanimously to close the public hearing. Res. 6591 It was moved by Counc. Gatto, seconded by Counc. Rogers and adopted passed unanimously to adopt Resolution No. 6591.. -10- J 584 PAGE 462 • MINUTES OF THE JUNE 3, 1985 CITY COUNCIL MEETING (CC-672) 34. Consideration of vacation of a .portion of storm drain easement south of Stevens Creek Boulevard and east of Torre Avenue. (a) Resolution No. 6592: "A Resolution of the City Council of the City of Cupertino Ordering Vacation of a Storm Drain Easement South of Stevens Creek Boulevard West of Torre Avenue Pursuant to Section 50430 of the Government Code of the State of California." Director of Public Works Viskovich recommended that this resolution be adopted subject to recordation of the map of Tract 7734. It was moved by Counc. Sparks, seconded by Counc. Gatto and Public hear- passed unanimously to close the public hearing. ing closed It was moved by Counc. Rogers, seconded by Counc. Gatto and Res. 6592 passed unanimously to adopt Resolution No. 6592 subject to adopted sub- recordation ofthe map of Tract 7734. ject to recordation • PLANNING APPLICATIONS of map of Tract 7734 37. Application 10-U-85 of WDT Development Company: Use Permit to construct 17,300 sq. ft. two-story office building and Environmental Review: The Planning Commission recommends the . granting of a Negative Declaration. The property is located at the northwest corner of Randy Lane and Stevens Creek Boulevard in a P (Planned Development with Office, Commercial and Residential intent) zoning district. Recommended for approval. Director of Planning and Development Sisk reviewed the use- permit application with Council. Ken Neumeister representing the architect submitted new drawings and reviewed them with Council. Discussion followed regarding access and the median strip. It was moved by Counc. Sparks, seconded by Counc. Rogers Negative Dec. and passed unanimously to grant a Negative Declaration for for 10-U-85 Application 10-U-85. • It was moved by Counc. Sparks,. seconded by Counc. Rogers 10-U-85 and passed unanimously to approve Application 10-U-85 per approved Planning Commission Resolution No. 2644 with the notch in f the building but including the trellis and, a 4 ft. landscaped median on Randy and to direct that this return • to Council on the Consent Calendar after ASAC review. -11- • J 584PAGE 463 (. ) MINUTES of THE JUNE 3, 1985 CITY COUNCIL MEETING (CC-672) ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS ' 38. None. UNFINISHED BUSINESS 39. Application 18-U-84, Cupertino City Center (Prometheus Development Co. ) - Review of amphitheater design and garage rooftop landscaping. Director of Planning and Development Sisk turned the presentation over to Mark Kroll, Cupertino City Center Assoc. Mr. Kroll introduced Paul Lettieri, project architect, who reviewed proposed changes. 18-U-84 It was moved by Counc. Gatto, seconded by Counc. Rogers and approved passed unanimously to approve Application 18-U-84 as per Exhibits shown (Exhibits C-3 1st Revision and C-7 2nd Revision of Application 18-U-84) . NEW BUSINESS 9. Resolution No. 6582: "A Resolution of the City Council of the City of Cupertino Approving Contract Change ` Order No. 1 for Street Maintenance Slurry Seal, Project 85-01." 40. Report on bid opening for Annual Overlay Project 85-111 and award of contract. Res. 6582 It was moved by Counc. Gatto, seconded by Counc. Plungy and adopted passed unanimously to adopt Resolution No. 6582. Contract to It was moved by Counc. Sparks, seconded by Counc. Plungy Raisch and passed unanimously to award the contract to Raisch based on the lowest bid of $805,115.58 and to appropriate an additional $290,000 from the General Fund for the 1983-84 fiscal year street repair program. 41. Request for approval of revised program guidelines for Housing Rehabilitation Program. • (a) Resolution No. 6597: "A Resolution of the City Council of the City of Cupertino Approving Revised Program Guidelines for the Housing Rehabilitation Program." Res. 6597 It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unanimously to adopt Resolution No. 6597. -12- J 584PAGE 464- MINUTES OF THE JUNE 3, 1985 CITY COUNCIL MEETING (CC-672) • 42. Mortgage Revenue Bonds. (a) Resolution No. 6596: "A Resolution of the City Council of the City of Cupertino Adopting an Inducement Resolution to Issue Mortgage Revenue Bonds for a Residential Development Located between Stevens Creek Boulevard and Rodrigues Avenue East of Torre Avenue." Mr. John Vidovich informed Council that the County does have ceilings on what rent can be charged on residential development which used mortgage revenue bonds. By consensus Council requested an analysis of the program, Analysis of how it is constituted/constructed, requested information mortgage regarding advantages/disadvantages for the City to have its revenue bond own program. Council also requested information regarding program how flexible the county would be regarding modifying its criteria. When the information isavailable, this shall be rescheduledfor a Council meeting. 43. Extension of agreement with Cupertino Union' School District. (a) Resolution No. 6581 : "A Resolution of the City Council of the City of Cupertino Approving the Extension of Existing Agreement with the Cupertino Union School District and Authorizing the Execution of Modification Agreement Relative to the Purchase of School Properties for Park Purposes." It was moved by Counc. Plungy, seconded by Counc. Sparks Res. 6581 and passed unanimously to adopt Resolution No. 6581. adopted 44. Request for authorization to expand the scope of work for the civic center expansion project. It was moved by Counc. Gatto, seconded by Counc. Plungy and Additional passed unanimously to authorize an additional $3,500 of design work design work for the Civic Center Expansion project. auth. for Civic Center WRITTEN COMMUNICATIONS expansion 45. None. ORDINANCES 46. None. -13- J584PAGE 465 MINUTES OF THE JUNE 3, 1985 CITY COUNCIL MEETING (CC-672) RESOLUTIONS 47. None. NON-AGENDA BUSINESS 48. Recognition by Mayor of special requests. (a) General Audience. Parking on Ann Anger, President, Monta Vista Improvement Association, private brought to Council's attention people parking their cars on property private property. She stated that the Sheriff's Department had been called; however, they had not responded. Council requested that the Community Services Offices investigate the parking of cars on both the Southern Pacific property and the property of Mr. Childress.. (b) City Council. • Permanent Application 4-U-83 of Carl N. Swenson Co. ,, Inc. (Itsuo Chamber of Uenaka). e, rce re Counc. Sparks suggested that a committee be formed to look at the possibility of a permanent' Chamber of Commerce office located within that area. A committee was formed of Mayor Johnson, Counc. Sparks, the. City Attorney, the Planning Director and Darlene Thorne of the Chamber of Commerce. Council directed staff to review the sign ordinance in respect to regulation of large sized long standing "for lease" signs. Meeting with Counc. Rogers informed other Council members that Konnyu Assemblyman Konnyu wants a meeting with representatives from all the cities in his district as .well as with Becky Morgan. Mayor Johnson will pursue arranging a separate meeting with Mr. Konnyu. Counc. Rogers also suggested that the staff contact the Cupertino Historical Society to submit a list of old family' names for possible use as street names. (c) Staff - None. • P` At 11 :15 p.m., Council adjourned to a closed session in the Conference Room to discuss labor negotiations. ' -14- vf. J584PAGE 466 MINUTES OF THE JUNE 3, 1985 CITY COUNCIL MEETING (CC-672) At 12:05 a.m., the meeting reconvened in open session in Council Chamber. • Council members present were Gatto, Plungy, Rogers and Mayor Johnson. Staff members present were City Clerk Cornelius and City Attorney Kilian. • It was moved -by Counc. Rogers, seconded by Counc. Gatto and Negotiations passed unanimously by those present to proceed to negotiate as per staff recommendation in regard to - Operating Engineers and the Miscellaneous units. At 12:10 a.m. , the meeting was adjourned. (-. CityClerk • ,5q • • • 11M ti -15- 11Y.r^Y� S,• S A ; Ci$ii of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino,California 95014 Cupertino,California 95015 Telephone: (408)252-4505 OFFICE OF THE CITY CLERK January 9, 1986 • John Vidovich 1307 So. Mary Avenue, Suite 201 Sunnyvale, California 94087 • • i .' t, FORGE-VIDOVICH MOTEL LIMITED PARTNERSHIP - CUPERTINO INN Dear Mr. Vidovich: We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Forge-Vidovich Motel Limited Partner- ship which has been fully executed by City Officials, along with one (1) copy of Resolution No. 6744, which was enacted by the City. Council of the City of Cupertino, at their regular meeting of Monday, January 6, 1986. Sincerel /V> . DOROTHY CORN;P"US CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works • • RESOLUTION NO. 6744 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPER INO APPROVING FINAL PLAN FOR THE IMPROVEMENT OF FRONTAGE AT THE NORTHWEST CORNER OF DE ANZA BOULEVARD AND ROUTE 280; DEVElAPER, FORGE-VIDOVICH MOTEL LIMITED FD PAF RSHIP; AUTHORIZING THE CITY ENGINEER TO SIGN THE FINAL PLAN AND AUTHORIZING EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval of the final plan for the improvement of street tLuntage located at the northwest corner of De Anza Boulevard and Route 280 by Forge Vidovich Motel Limited Partnership; and WHEREAS, there has been presented to the City Council a proposed . agreement for the construction of streets, curbs, gutters, sidewalks, and for other improvements, and good and sufficient bonds, fees and deposits as set forth in EXhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said plan, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that said final plan for the improvement of street frontage at the northwest corner of De Anza Boulevard and Route 280 be and the same is hereby approved; and the City Engineer is hereby authorized to sign said final plan; and the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. , • • • RESOLUTION NO. 6744 PASSED AND• ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of January , 1986 by the following vote: vote Members of the City Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Barbara A. Rogers Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk i • RESOLUTION NO. 6744 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: COMMERCIAL FORGE-VIDOVICH MOTEL, LIMITED PARTNERSHIP LOCATION: Northwest Corner of De Ansa Boulevard and Route 280 A. Faithful Performance Bond: $26,000.00 Twenty-six Thousand and no/100 Dollars B. Labor and Material Bond: $26,000.00 Twenty-six Thousand and no/100 Dollars C. Checking and inspection Fee: $ 1,560.00 One Thousand Five Hundred Sixty and no/100 D. Indirect City Expenses: $ 234.00 Two Hundred Thirty-four and no/100 Dollars E. Development Maintenance Deposit: $ 250.00 Two Hundred Fifty and no/100 Dollars F. Storm Drainage Fee: $ 4,840.00 Four Thousand Eight Hundred Forty and no/100 Dollars G. One Year Power Cost: N/A H. Street Trees: N/A I. Map Checking Fee: N/A - J. Park Fee: N/A K. Water Main Extension Deposit No Water Main r AGREEMENT • N. DE ANZA BOULEVARD This AGREEMENT made and entered into this 6th day of • January , 19 86 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, ,hereinafter designated as CITY , and Focbe_ NIte,00tc\N MCA-e.` L ; fec� €o.r'f nersHo heinafter designated as DEVELOPER. WITNESSETH WHEREAS , the DEVELOPER has made application to the CITY for securing a building permit from the CITY to construct and maintain a commercial development, hereinafter referred to as "Project. " WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the - Project by KIRKEBY & ASSOCIATES ; a true copy of said improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though .set out in full; now THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans, " and the work to be done under the Plans shall be called the "Work. " WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: Page 1 • • - SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category : N/A PART A . Faithful Performance Bond: $ 26,000.00 TWENTY SIX THOUSAND AND N0/100 DOLLARS PART B . Labor and Material Bond: $ 26,000.00 TWENTY SIX THOUSAND AND NO/100 DOLLARS PART C. Checking and Inspection Fee : $ 1,560.00 ONE THOUSAND FIVE HUNDRED SIXTY AND NO/100 DOLLARS PART D. Indirect City Expenses : $ 234.00 TWO HUNDRED THIRTY FOUR AND NO/100 DOLLARS PART E. Development Maintenance Deposit : $ 250.00 TWO HUNDRED FIFTY AND NO/100 DOLLARS • PART F . Storm Drainage Fee : $ 4,840.00 FOUR THOUSAND EIGHT HUNDRED FORTY AND NO/100 DOLLARS PART G . One Year Power Cost: N/A PART H . Street Trees N/A PART I . Map Checking Fee : N/A PART J . Park Fee : N/A PART K. Water Main Extension Deposit: No WATER MAIN Pave 2 • • NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION A. The DEVELOPER offers to dedicate the real property show on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances exdept those which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER' S sole cost and expense, to the City: ( 1) A preliminary title report issued by a title insurance company relating to the property offered for dedication; said Preliminary Title Report shall be furnished by DEVELOPER. ( 2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of: N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the' CITY agrees to accept said real property offered for ' dedication. 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to ' complete the Work within the specified period of time, the CITY, at • .its sole option, shall be authorized to complete the Work in whatever' manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER' S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done Page 3 • ' in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, ,lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the ' specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed. excavation is to commence. 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata laying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, Page 4 • the DEVELOPER shall, in addition to said faithful performance, file with the CITY_a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a Surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: 1. Cash; or, 2. A cashier' s check, or a certified check payable to the order of the City of Cupertino or, 3 . A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication .of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. 6 . CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc. , incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 7. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . Page 5 • 7A. MAP FILING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking 'of final map and field checking of street monuments, in compliance with Section 4: 1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I) . 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9A. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements ' established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F) . 9B. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within and adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. 10 . ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights for one year. 11. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. Page 6 • 12. PARK FEES • It is further agreed that the DEVELOPER shall pay such fees 'and/or dedicate such land to the CITY, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City standards and specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, uponexecution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGREEMENT with the said District to install sanitary sewers to serve all lots within said Project and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary ' sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. GOVERNMENT CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 16 . CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with said District to insure • installation and five (5) year rental fee of said hydrants. 18. PACIFIC GAS AND ELECTRIC/PACIFIC TELEPHONE AND TELEGRAPH It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to Pacific Telephone and Telegraph Company any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said Page 7 • property ,and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific Teltphane and Telegraph Company that said fees are due and payable. 19 . EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is 'provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER• shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 20. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and aginst any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER' S agents, employees and independent contractors. 21. INSURANCE • It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents and employees of the City _ individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in thedeclarations, and if the city, its members of the City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. Page 8 A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100, 000 each person; $300, 000 each occurrence, property damage, $50, 000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10 ) days advance notice thereof. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the DEVELOPER shall furnish CITY with the following maps and/or plans at his own expense: A. A mylar sepia and seven ( 7) prints of fully executed parcel maps. B. A mylar sepia and thirteen (13 ) prints of fully executed tract maps. C. A mylar sepia and eleven (11) prints of fully executed improvement plans. D . A direct duplicating silver negative microfilm aoerature card of all executed improvement plans and maps. It is agreed that the sepia, prints and microfilm of maps will be furnished within one month following recordation at the County of Santa Clara. It is also agreed that the sepia, prints and microfilm for improvement plans will be furnished within one month following the signing of the plans by the CITY. 23 . SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. Page 9 STATE OF CALIFORNIA SS: COUNTY OF SANTA CLARA • ON THIS 23 rcPAY OF December , 1985 , BEFORE ME, Juanita F. Terry • , A NOTARY PUBLIC ' IN AND FOR SAID COUNTY AND STATE, RESIDING THEREIN, DULY ' COMMISSIONED AND SWORN, PERSONALLY APPEARED John T. Vidovich KNOWN TO ME TO BE A GENERAL PARTNER IN Forge-Vidovich Motel L...A O ? rin.fl.tl p .Ac.Q.LIMITED PARTNERSHIP, PERSONALLY KNOWN TO ME TO BE THE PERSON WHO EXECUTED THIS INSTRUMENT, ON BEHALF OF THE PARTNERSHIP AND ACKNOWLEDGED TO ME THAT THE PARTNERSHIP EXECUTED IT. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL IN THE COUNTY OF SANTA CLARA THE DAY AND YEAR OF THIS CERTIFICATE FIRST ABOVE WRITTEN. t OFFICTAL SEAL •- - JUANITA ETERRY 1 : CR 'UBLIC, STATE CALIFORNIA ti 'as • NOTARY PUBLIC - CALIFORNIA �l SANTA CLARA COUNT' TY •1 ��• My nmm. expires APR 3, 1988 24. STATE OF CALIFORNIA PERMIT: • • The Developer agrees: to obtain an encroachment permit from the Department of Transportation. • ' State of California, for the work along his frontage. The Developer understands that the - 'scope,of work may increase because of the requirements of the State of California. The amount bonded may increase and the related fees may also increate. The Developer agrees not to start the work until the State permit is obtained. • IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has 'hereunto caused his name to be affixed the day and year first above written . • CITY OF CUPERTINO • Approved as to form: MsQ icy City Attorn y Cit Clerk: IMEL pganvich Motel , A Ltd. Partnership , w, d _ (\)r �1ov� By. General Partner Notary Acknowledgement Required Page 10 • it