Vallco 4th amendment 10-4-04RECORDING REQUESTED BY;
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014 -3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
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Doc# ' 18802177
2/09/2006 9 ; 1 1 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF CUPERTINO AND VALLCO
INTERNATIONAL SHOPPING CENTER, LLC (Successors -in- Interest)
RECORDED REFERENCE NUMBER 11468098
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�f 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 VALLCO 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 1- DA -90, authorizing the execution of a
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 October 4 , 2004, the City Council of the City
of Cupertino enacted Ordinance No. 1947 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
BY: CD
Sandra James, or
Attest: �►�
City Clerk
Approve as to form:
Charles T. Ki ian ity Attorney
VALLCO INTERNATIONAL
SHOPPING CENTER, LLC
BY: 4FL
Alan Wong, O E r
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of �l ss.
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Date Name and Title of Officer (e. g., "Jane oe, Notary Public ")
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the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hancLand official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: I
Document Date: Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
MAN
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❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
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Signer Is Representing:
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V 1999 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth. CA 91313 -2402 - www.nationalnotary.org Prod. No 5907 Reorder: Call Toll -Free 1- 800- 876 -5B27
ORDINANCE NO. 1947
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MODIFYING
A DEVELOPMENT AGREEMENT (1- 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 of a development agreement (1- 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 reap, 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 1. 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 -10
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 parldng 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 20" day of
September, 2004 and ENACTED at a regular meeting of the City Council of the City of Cupertino the
4' day of October 2004, by the following vote:
`rote Members of the City Council
AYES: James, Kwok, Sandoval, Wang
NOES: Lowenthal
AB SENT : None
ABSTAIN: None
ATTEST: APPROVED:
Isl Kimberly Smith Is/ Sandra James
City Clerk
Mayor, City of Cupertino
VERIFICATION
I have reviewed this Agreement and to the best of my knowledge, the information contained
herein is true and complete.
I verify under penalty of perjury under the laws of the State of California, that the foregoing is
true and correct.
Executed on the 2nd day of February 2006, at Cupertino, California.
Deputy City Clerk
City Clerk's Office
City of Cupertino