00-126 Cupertino City Center OwnersEscrow~•516630
RECORDTNG'REQUESTLD BY
City of Cupertino
` wI IrN RECORDEll MALL TO
Ciry of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Y a~ I~IIIIY~IIh~Op~N~I~R
Titles~l / Pagas~ 12
Fees....f No Fees
Taxes...
Capies.,
AMT PAID
BRENDA DAY 15
SAt•iTA CI.ARa COl1NTY RECORDER
Recorded a# the request of
First American Title Company
RDE # 003
t/03/2001
800 AM
(SPACE A130vti THIS L1NE FUR Rt:COKIJCtt'S USE)
NO FEE 1N ACCORDANCE
WITH GOV. CODE 6103
rIItS'I' AMEN UMENT TO LICENSE AisRl?EMENT BETV,~LN THE
CUPERI'INO CITY CENTER OWNERS ASSOCIATION AND THL•
CITY OF CUPERTINO AND ACCEI'"LANCE Ol SECUR.iT1ES,
SOUTHEAST CORNER OF DE AI'17A BOULEVARD AND
S'TEVENS CREEK BOULEVARD
RESOLUTION N0.00-301
Or;glnal
O For Fast Endorsement
8i/l0 'd £Z5Z1.9880~i6 'ON Xd.~ H,LHON ~001,dHdS Wd 8Z~ 1143M £0-80-Z00
LICENSE AGREEMENT (FIRST AMENDMENT)
As of t}us date, December 12, 2000, and pursLtilnt to the Liccyn:,e Agreement ("Agreement") dated
June 26, 1997, by and among Cupertino City Ce~.tter Owners Association ("Association") and
City of Cupertino ("City'), the above parties agree to the following:
A. The map depicting the Property and the Project (Exhibit "A"} referenced in Recital A.
The last sentence of Recital A shall b~ changed to read; "Attached hereto arc
Exhibit "A", depicting the Project (Cupertino City Center) and Exhibit "A1",
depicting the Property {only as it relates to Lot 8)."
All other terms and conditions of the Agreement amain in full force and effect.
CUPER'ITNU CITY CENTER OWNERS ASSOCIATION,
a California non-profit corporation
By: C. C
John J, Murphy, Vice President
CITY OF CUPERTINU
B ~`` ~ / (Z. /8 . Ef~
Y~
Dave W. Knapp, Ci Manager
8I/80 'd £Z5Z1.9880tit6 'ON Xd.d H130N d001d~dS Wd BZ;ii a3M SO-80-100
LICENSE p.GREEMENT
This License Agreement ("Agreement") is made effective this z!, ~H day of
dune 1997 by and between tl:,e CUPERTINO CITY CENTER OWNERS
ASSOCIATION, anon-profit corporation organized under the laws of the State of California
("Association"), as Licensor, and the CITY Ol? CUPERTINO, a General Law ("City"), as
Licensee.
RECITALS
A. Association is the owner of .that certain real property situated in the City of
Cupertino, County of Santa Clara, State of Calii.'ornia, described as Lot 8 of Tract Map No. 7953
recorded on February 27, 1987 in Book 571 of 1vlaps, Pages 36 and 37, of the Official Records of
Santa Clara County (the "Property"). The Property is part of Cupertino City Center, a complex
of office and residential buildings (the "Projec;t"). Attached hereto as Exhibit "A" is a map
depicting the Property and the Project.
B. On September 2, 1987 there wa:~ recorded in the Official Records of Santa Clara
County in Book K281 beginning at Page 2071 a. First Amendment to Declaration ("Declaration")
of Covenants Conditions and Restrictions and Grant of Easements for Cupertino City Center (the
"Declaration Amendment"). Paragraph 8 of the: Declaration Amendment provides, inter alia, as
follows:
"Lot 8 of Tract 7953 shall include a "park" area (the area bounded
by private streets and public sidewalks) which shall be made
available for public use. The "park" area shall at all times be
subject to the control of the Association. No structures will be
constructed on the "park" area v~~ithout the approval of the City of
Cupertino, other than typical park furniture and equipment. The
City of Cupertino is declared to 1'~e a third party beneficiary of this
covenant."
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72-042409400001
~~
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C. Resolution No. 9751 was adopted and passed by the City Ge~r~sel of the City on
December 11, 1996 approving, in concept, an agreement for the improvement of an existing
private park located on the Property. This ,Agreement is to fulfill the requirements of the
aforesaid Resolution.
NOW, THEREFORE, the parties agrees as follows:
1. Association does hereby grant and convey to City anon-exclusive, irrevocable
license for the use of the Property as a public Itark, subject to the limitations and covenants set
forth herein. The use of the Property currently being made for automobile parking shall continue
and not be affected or altered by the aforesaid grant.
2. City is to install, at City's expense, on the Property, a system of trees, irrigation
pipes, walkways and park furniture all of which shall be in substantial conformance with the
conceptual plan attached hereto as Exhibit "B" (the "Plan"). Any material changes in the Plan by
City are subject to the approval of the Association, which approval will not be unreasonably
withheld. Any changes in the Plan must be in writing and approved by both City and Association.
The improvements to be made pursuant to the l.an_ are referred to herein as the "Improvements".
Association CrtY ~
agrees to cooperate with ~!~ a~.d any non-profit organization which may, for
t
purposes of fund raising, cause the installations of bricks or other paving materials to the
Improvements.
3. The Improvements shall be completed in a good workmanlike manner, with
materials of good quality. It is Association's expectation that the quality of the Improvements
will be consistent with the quality achieved by the City in creating and constructing the City of
Cupertino Memorial Park. Upon completior.~ of the Improvements, City will provide to
Association a copy of "as built" plans and specifications for the completed work. City will be
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responsible for any and all defects arising out ~~f materials and/or labor in connection with such
work. Not in limitation of the foregoing, it will be the obligation of City to replace any and all
landscaping which dies or fails to grow to a healthy condition within a period of one (1) year
following its installation. Subject to the foregoing, following completion of the Improvements,
Association will assume responsibility for all repair and maintenance of the Improvements
including but, not linuted to, the payment of all utility costs serving the Property. In the event
that any trees or other plant material is partially or completely destroyed through no fault of the
Association, and after the one (1) year period for which City is responsible for such trees or other
plant materials, then Association shall replace said trees or plant material at Association's cost,
provided that Association will not be required to install trees larger than twenty-four (24) inch
box in size.
4. The Property will be open as a p~;:rk to the general public at all times and City may
allow or sponsor public events thereon. City will not sponsor or allow organized public events to
occur on the Property unless the organization l:~,olding the event provides City with (i) adequate
liability insurance (not less than One Million Dollars ($1,000,000) per occurrence), naming both
the City and the Association as additional insurc;ds and (ii) assurances of reasonable security and
crowd control measures required by the event. Such organized events shall not include events
which are primarily commercial in nature or whi~;,h are conducted for profit unless such events are
approved in advance in writing by Association. City's use of the license will not interfere with the
normal operation and use of the Project nor reflect negatively on the image of the Project.
5. City shall have the right to install, sub' t to the Association's consent, which
consent will not be unreasonably withheld, on ~a sma areasof the Property, public art at City's
sole expense. Following the installation of such public art, City will bear all costs of maintenance,
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72-042409400001
repair and/or replacement thereof, including, but not limited to, the cost of any utilities utilized in
the operation thereof. Said public art shall not unreasonably interfere with the current signage in
that location.
6. City shall not suffer or permit to be enforced against the Property, or any part
thereof, any mechanic's, materialman's, contractor's, or subcontractor's liens, claims or demands
arising from the Work. City agrees to indemnify, defend, and hold Association and the Property
free. and harmless from all liability for any ;such claims, liens, and demands, together with
reasonable attorneys' fees and all costs and expenses in connection therewith.
7. Subject to the Declaration and t~~ the applicable zoning, Association for itself and
its members reserves the right to use the Property for any lawful purpose not inconsistent with
this Agreement including the use of the Property, from time to time, as a temporary construction
staging area for construction being performed on the Cupertino City Center Project of which the
Property is a portion.
S. City agrees to indemnify, defend. with counsel approved by Association, and hold
Association harmless from all liability, claims, demands, damages and/or losses, including
attorneys fees, resulting or arising out of the use of the Property pursuant to this Agreement by
City, its agents, employees, contractors, subcontractors, licensees and/or invitees. Association
agrees to indemnify, defend with counsel approved by City, and hold. City harmless from all
liability, claims, demands, damages and/or losses, including attorneys fees, resulting or arising out
of the use of the Property pursuant to this Agreement by Association, its agents, employees,
contractors, subcontractors, licensees and/or invitees.
9. In the event it is necessary for either party to employ an attorney or other person
or commence an action to enforce any of the provisions of this Agreement and of the prevailing
1HLI1337361.02 4_
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party shall be entitled to recover all costs of enforcement in connection therewith, including but
not limited to court costs, expert witness fees, acid attorneys' fees.
10. In the event of a material breach of this Agreement by City and the failure of City
to cure said breach within thirty (30) days of -written notice from Association (or such longer
period as shall reasonably be required to effect such cure within such thirty (30) days and pursues
the cure with due diligence), then in such event, and in addition to any other remedies available at
law or equity, Association shall have the right to terminate the license granted hereunder upon
written notice to City.
11. Each of the parties agrees that it :;hall, upon request of the other party, execute and
deliver such further documents and do such other acts and things as are reasonably necessary and
appropriate to effectuate the terms and conditions of this Agreement.
12. The Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of California.
13. The Agreement shall constitute a covenant running with the land and shall be
recorded in the Official Records of Santa Clara C;ounty.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date
first above written.
CUPERTINO CITY CENTER OWNERS
ASSOCIATION, anon-profit corporation organized
und'.er the laws of the State of California
By:
Its: John J. MurAhy~ Secretary
CITY
By:
Its:
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RESOLUTION N0.9858
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFIED LICENSE
AGREEMENT BETWEEN THE CUl'ERTINO CITY CENTER OWNERS
ASSOCIATION AND THE CITY OF CtJPERTINO REGARDING THE USE OF
SPECIFIC PROPERTY LOCATED IN THE SOUTHEAST CORNER OF
INTERSECTION OF DE ANZA BOULEVARD AND STEVENS CREEK
BOULEVARD FOR :PUBLIC PARK USE
WHEREAS, on May 5, 1997, the City C~~uncil authorized the City Manager to execute a
License Agreement regarding the use and maintenance of the subject property; and
WHEREAS, upon final review of the Agreement by the City and by the Cupertino City
Center Associates, each party agrees that the indemnification clause (Paragraph 8) of said
Agreement warrants amendment; and
WHEREAS, the terms, conditions and provisions of this modified agreement have been
reviewed and approved by the City Manager anti the Director of Community Development and
the Public Works Department.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby approves the aforementioned modified License Agreement in concept as described on
Exhibit A and authorizes the City Manager to execute said agreement on behalf of the City of
Cupertino. The final agreement shall be approved as to form and content by the City Attorney.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of June, 1997, by the following vote:
Vote: Members of the City Council
AYES: Burnett, Chang, Dean, Sorensen, Bautista
NOES: ~ None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith
City Clerk
/s/ John Bautista
Mayer, City of Cupertino
-- - ,,., ,
LICENSE AGREEMENT (FIRST AMENDMENT)
As of this date, December ? 2, 2000, and pursuant to the License Agreement ("Agreement") dated
June 26, 1997, by and among Cupertino City Center Owners Association ("Association") and
City of Cupertino ("City"), the above parties agree to the following:
A. The map depicting the Property and the Project (Exhibit "A") referenced in Recital A.
1. The last sentence of Recital A shall be changed to read: "Attached hereto are
Exhibit "A", depicting the Project (Cupertino City Center) and Exhibit "A1",
depicting the Property (only as it relates to Lot 8)."
All other terms and conditions of the Agreement remain in full force and effect.
CUPERTINO CITY CENTER OWNERS ASSOCIATION,
a California non-profit corporation
By:
John J. Murphy, Vice President
CITY OF CUPERTINO
gy: ~ i2. ~ ~ , ea
Dave W. Knapp, City Manager
o~~-~ ~
_ _ _S_00'S3'20_" _W _ _
40.00' 230.00'
I I I
I I I
I I
I ho
( o
v W to of
MI 2 M (M MI
p I~ o°°` I I
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j IU~w I LOT 1 I
W 310, W o Reconfigured
~ 1 ~ ~ 1 1.881 Acres 31
~ ~ ° I , 1
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m = o
Y z~ I ~ 0'01
W I ~ zl
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(/') I v I S 00'53'20" W Lot line to ~~ 1
z be Abandoned
LL1 ~ 6.08' c ~ \~ _ _ / 5.46
~ ~ X240.62 ~N 00'53'20" E \ 65.4
\\\\\\\\\\\\~\~~~ 0 „y1
~ ~ ~\ Area to be Transferred ~\ ~ • a0
(n ,~ tea„ 18~: ~10,924~ t sgTft~~~/~6 .ti~`''C
175.80'
31
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~
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o pj
LOT 8
Reconfigured
~ 0.98f Acres
a
a
~ ~_ __ 181.44'
__
S 00'53'20" W _
DE ANZA BOULEVARD
~~ ~~ ~ ~
~ N0.26429 ~' m
. ~ ~ X , 09 104 ~
35.06' ~J -
E .. 'QWR- ~P
199068 DmwAg: ALTA-Bl(11.DM/G.DWO December 12, 2000 2:46:31 p.m.
CREEGAN~-D'ANGELO PROMETHEUS W/ DESGN: DVB
Engineers • P/onners • Surveyors K I M PTO N GROUP CH KD: DVB
1075 N TENTH STREET, SUITE 100 CUF'ERTINO CITY CENTER DATE: 12-11-00
SCALE: AS SHOWN
SAN JOSE,CA 951 1 2-1 032 LC~T LINE ADJUSTMENT SHEET ~ of 2
N 00'53'20" E
I S84'08'25"E
/34.03'
S59'29'24 "W
X
34.03'
~1 _ _ S00'53'20 "W
s.so' _ - 270.00~~ - - - -
~ 589'06'40'E
.:~..w' 1
5Q.00' 3
~~ J00'53T20 a ~ o
I ~~+ LOT 6
\\ 1 ~ ~ Reconfigured ~I
\~ • m1"~0 1.21 t Acres 100
\\ Lo ~1y li
\ to
N __ 184.9_4' __~
~\ ° 1 N 00'53'20" E
\\31 ~ 0 3
~ a e
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\o -'Q lio
\z~ -'~ I~ ~ Q~OFESS/Q~V
~~ (Z a Q~° `oe. voagy Fy
so o eo 1so
accle 1 "= 80' feet
LINE TABLE
LINE LENGTH BEARING
L1 19.82 N72'57'12 E
L2 19.60 N71'57'S1'lY
CURVE TABLE
CURVE LENGTH RADIUS DELTA
Ci 8.57 68.00 T13'26"
C2 11.98 68.00 1 D'OS 26"
C3 20.54 68.00 1 T 18'37"
C4 21.29 68.00 i T56'08"
C5 20.95 70.00 1 T08'49'
C6 20.95 70.00 1 T08'49'
C7 50.27 32.00 90'00'00"
92.56'
N 00'5.3'20"