Vallco 5th amendment 5-3-04RECORDING 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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SANTA C ARA C0
Doc# 18802176
2/09/2006 911 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF CUPERTINO AND VALLCO
INTERNATIONAL SHOPPING CENTER, LLC (Successors -in- Interest)
RECORDED REFERENCE NUMBER 11468098
Cl Original
M�' For l=ast Endorsement
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
FIFTH 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 First 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 Ma3 2004, the City Council of the City of
Cupertino enacted Ordinance No. 1936 authorizing the execution of the Amendment.
Now Therefore, it is hereby agreed by the parties as follows:
1. Section 2.6.1 of this Agreement shall read as follows:
2,6.1 Westland may elect to build a cinema complex of up to 2500 seats on the
site adjacent to the Sears store shown on Exhibit "B" (the "west side site "). Notwithstanding
the above provision, the location of the cinema complex of the size described above, or as
increased pursuant to Section 2.6.2 of this Agreement, may be moved to any location along
the west side of Wolfe Road within the Development upon approval of the Director of
Community Development under the provisions of Section 1.3.1 of this Agreement related to
"minor amendments or modifications."
2. The last sentence of the second paragraph of Section 2.6.3 of this Agreement
shall read as follows:
2.6.3 ... approval of additional number of seats for cinema use beyond the
limits described in Sections 2.6.1, 2.6.2 and 2.6.3 shall be subject to separate use permit
application.
3. All other terms of the Development Agreement remain in full force and effect.
4. This Amendment, together with Ordinance No. 1936 shall be recorded with
the County Recorder of Santa Clara County.
IN WITNESS WHEREOF, the City of Cupertino and Vallco International Shopping
Center, LLC have executed this FIRST Amendment as of the date hereinafter above written.
CITY OF CUPERTINO, A
MUNICIPAL CORPORATION
BY:
Sandra James ayor
Attest:
City Clerk
Approved
Charles T. Ki4dn;'City
VALLCO INTERNATIONAL
SHOPPING CENTER, LLC
BY:
Alan ng, er
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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OPTIONAL
Though the information below is not required by law, it may prove vaivable to persons relying on the document and could prevent
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Description of Attached Document �z }} f
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Signer is Representing:
� 1999 National Notary Association • 9350 De Sotc Ave., P.O. box 2402 - Chatsworth, CA 81913 -2402 - www.naliona4notary.org Prod, No 5907 Reorder, Caf Toll-Free 1- 800-876-6827
ORDINANCE NO. 1936
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO APPROVING AN AMENDMENT TO
1- DA -90, DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF CUPERTINO AND VALLCO INTERNATIONAL
SHOPPING CENTER, LLC
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 Applicant to the Development Agreement wishes to amend the
Agreement, as provided in the First Amendment to the Development Agreement attached hereto
and made part hereof by reference; and
Whereas, the Applicant has formally filed its application seeking the 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, the Director has reviewed the Application as required by City Municipal Code
Section 19.116.090; and
Whereas, after notice and public hearing, the City of Cupertino Planning Commission has
reviewed and has recommended approval of said Application at its meeting of April 26, 2004, as
required by Section 19.116.130 of City's Municipal Code; and
Whereas, the City Council, after notice and public hearing, has considered the Planning
Commission's recommendations at its meetings of April 27, 2004, and May 3, 2004;
Ordinance No. 1936
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS
FOLLOWS:
The City Council finds that all notices required by law have been given.
2. The City Council finds that the application for an Amendment to the Development
Agreement is:
a) Consistent with the objectives, policies, general land uses and programs
specified in the General Plan, and any applicable specified plan;
b) Compatible with the uses authorized in, and the regulations prescribed for, the
land use district in which the Development is located.
c) In conformity with and will promote public convenience, general welfare, and
good land use practice;
d) Not detrimental to the health, safety and general welfare;
e) Not adverse to orderly development of property, nor to the preservation of
property values;
f) Conducive to promoting and encouraging the proposed reconstruction of the
Development by providing a greater degree of requisite certainty of the
entitlements secured under the Development Agreement.
3. The City Council finds that the Amendment was subject to an initial study as
required by the California Environmental Quality Act, and that it has no significant impact
on the environment.
4. After careful consideration of the maps, facts, exhibits, testimony and other
evidence, the request for amendment to the Development Agreement as described in the
attachment is approved and the Mayor is authorized to execute the attached Amendment on
behalf of the City of Cupertino.
5. The sub - conclusions upon which the above findings and approvals are based are
contained in the public hearing record concerning the application as set forth in the minutes
of the Planning Commission meeting of April 26, 2004, and are incorporated by reference as
though fully set forth herein.
6. The City Clerk is directed to record with the County Recorder of Santa Clara
County a certified copy of this Ordinance and attachment and to cause this Ordinance to be
published as required by law.
Ordinance No. 1936
INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino the
27th day of April 2004 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 3rd of May 2004, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Is/ Kimberly Smith
City Clerk
Members of the City Council
James, Kwok, Lowenthal, Sandoval, Wang
None
None
None
APPROVED:
Isl Sandra James
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