CC Ordinance No. 1947
ORDINANCE NO. 1947
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MODIFYING
A DEVELOPMENT AGREEMENT (I-DA-90) TO ENCOMPASS THE DEVELOPMENT
PROPOSED IN U-2004-10 AND ASA-2004-14 FOR 138,760 SQUARE FEET OF NEW RETAIL
SPACE, 204 RESIDENTIAL UNITS AND A PARKING STRUCTURE.
WHEREAS, an application was received by the City (Application no. M-2004-06) for the
modification ofa development agreement (l-DA-90) to encompass the development proposed in U-
2004-10 and ASA-2004-14 for 138,760 square feet of new retail space, 204 residential units and a
parking structure; and
WHEREAS, the modification is consistent with the City's General Plan land use map, proposed
uses and surrounding uses; and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended to the City Council that the rezoning be granted; and
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section I. That section 2.2 Vested Elements, of the development agreement described as 1-
DA-90 is hereby amended to add a sub-section (D) adding the development proposed in U-2004-1 0
and ASA-2004-14 as vested elements of the development agreement. Said section 2.2 D shall read as
follows:
(D) Applications U-2004-10 and ASA-2004-14 for 138,760 square feet of new retail space and
204 residential units on the "Rose Bowl" portion of the site and a parking structure as shown on the
approved exhibits for said applications.
Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 20b day of
September, 2004 and ENACTED at a regular meeting ofthe City Council of the City of Cupertino the
4th day of October 2004, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
James, ICwok, Sandoval, Wang
Lowenthal
None
None
ATTEST: '
~~
cÚy Clerk rJ
APPROVED:
-~4M C· ~ZL ~
ayor, lty 0 pertmo
- DOCUMENT: 18802177 Pages: 6
RECORDING REQUESTED BY: 1111111111UI~1111 ~ IIII Fees. . " No Fees
Taxes. .
City of Cupertino Copies.
AMT PAID
WHEN RECORDED, MAIL TO: RDE ** 003
BRENDA DAVIS
City Clerk's Office SANTA CLARA COUNTY RECORDER 2/09/2006
Recorded at the request of 9: 11 AM
City of Cupertino City
10300 Torre A venue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF CUPERTINO AND V ALLCO
INTERNATIONAL SHOPPING CENTER, LLC (Successors-in- Interest)
RECORDED REFERENCE NUMBER 11468098
Original
D For Fast Endorsement
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF CUPERTINO AND V ALLCO INTERNATIONAL SHOPPING
CENTER, LLC (Successors-in-Interest)
RECITALS
Whereas, the City Council of the City of Cupertino on July 15, 1991 enacted
Ordinance No. 1540 approving application I-DA-90, authorizing the execution ofa
Development Agreement (as provided to Section 65864 et seq. of the California Government
Code) between the City of Cupertino (hereinafter referred to as the City), Westland
Properties, Inc. and Westland Shopping Center, L.P. regarding the Development known as
Vallco Fashion Park Center in the City of Cupertino; and
Whereas, Vallco International Shopping Center, LLC (hereinafter referred to as the
Applicant) is the successor-in-interest to said above described Development and
Development Agreement; and
Whereas, the parties to the Development Agreement wish to amend the Agreement, as
provided in the Amendment to the Development Agreement attached hereto and made part
hereof by reference; and
Whereas, the Applicant has formally filed its application seeking said amendment
with the Director of Planning and Community Development (hereinafter referred to as the
Director) as required by City Municipal Code Chapter 19.116; and
Whereas, at its regular meeting of
of Cupertino enacted Ordinance No. 1947
October 4 , 2004, the City Council of the City
authorizing the execution of the Amendment.
IN WITNESS WHEREOF, the City of Cupertino and Vallco International Shopping
Center, LLC have executed this Amendment as of the date hereinafter above written.
CITY OF CUPERTINO, A
MUNICIPAL CORPORATION
V ALLCO INTERNATIONAL
SHOPPING CENTER, LLC
BY: ~
Alan Wong, 0 er .
BY:~ .~~.
Sandra James,~or
Attest: ~t~
City Clerk
G:\Planning\Vallco\Vallco agreement ord 1947.doc
CALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT
iil~"'4X'''<<''''XXXX~'<X:d:<<d:<Xn<'<XXXd:d:d:.d:d:}~s~s..~&<.ec&<O~='''''''=d:d:<<<<.o.~,I~~I,II
~ State of California ~
~ Count,of ~~ ~ftJ.- _ ~
~ @
~ On Z -)... -O~ before me, t~ (i ~l :
~ Date 1 _. ~ ^ J___. ~1am~~ndTjtleofOffjCer(e.g""Jane . ~
~~ personally appeared ~/'Q..J( Q-. J 6--.vv\~ g
~ Name(s) of Signer(s) ~
~ ",,""'0,,11, koown to me '~
~ 0 proved to me on the basis of satisfactory liS
~ evidence ~
~ to be the person(s) whose name(s) is/are ~
~ GMCE ICHMI)T subscribed to the within instrument and ~
~ . Comrnfuf.Qft II 1391a acknowledged to me that he/she/they executed ~
~ NaIaIy~.ec.ona the same in his/her/their authorized g
~ IanlaClalaCcullf capacity(ies), and that by his/her/their ~
~ ...ClMlIn......_21. signature(s) on the instrument the person(s), or *
~ the entity upon behalf of which the person(s) ~
~ acted, executed the instrument. ~
~ WITN~~OJ- ~
~ ",,,eo,,....,., ,~" ~
~ g
~ OPTIONAL ~
&1 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent <'),
~ fraudulent removal and reattachment of this form to another document. ~
gj Description of Attached Document ~
~ ""e on,pe of Dooumeot ~'\i... ~ < 1D 'D)4 "j'rn,,1\. t, w, 'K ~ ",) ) to ~
~ ~
~ Documeot Date, Numbe, of Page" ~
~ Signer(s) Other Than Named Above: ~
~ Capacity(ies) Claimed by Signer ~
I Sigoe"s Name, ~
~ 0 Individual Top :1 thumb here ~
~ 0 Corporate Officer - Title(s): g
if:<j 0 Partner - 0 Limited 0 General [)\;
~ g ~~O;=io-Fact I.., :
~ 0 Guardian or Conservator ~
~ 0 Other: g
~ Signer Is Representing: ~
,f:<j <')1
~'<X'<X"~~~'('~.:~,(;<<;::<%,<<<x,~~<<'<,"J<X'<:-<<<<<<'<?:.~~<<'<X.~'<:Z,<<~~~<<~'6<..~~~<<'<<x:7j
@ 1999 National Notary Association' 9350 De Soto Ave., PO. Box 2402 . Chatsworth, CA 91313-2402 . www.nationalnotary.org
Prod. No. 5907
Reorder" Calf Toll-Free 1-800-876-6827