Loading...
13-182 Apple Inc., Proposed Development Agreement Parkland ContributionNovember 12, 2013 David Brandt, City Manager Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 -3202 Re: Proposed Development Agreement Parkland Contribution Dear David: This letter is to memorialize our agreement regarding the interpretation of the "Parkland Contribution" section of the proposed Development Agreement between the City of Cupertino.( "City ") and Apple Inc. Under the City's General Plan, a 1.1 -acre portion of the site Apple has selected for its new corporate campus (which currently contains a parking lot) has a land use designation for use as Parks and Open Space and is zoned for future use as Park and Recreation (PR). Because Apple's use of the site as a, corporate campus wound reduce the acreage of land designated for future parks in the City available for public use, Apple has- agreed to pay the City an agreed upon sum to purchase, improve, and maintain a 1.1 -acre public park elsewhere within City limits (the "Alternative Park Parcel"), in exchange for an amendment to the General Plan to accommodate Apple's new campus and as consideration for the Development Agreement. Specifically, in connection with Mitigation Measure PLAN -1 in the EIR, Apple agrees to pay the City $8,270,994 (the: "Aggregate Payment "), comprised of $5,511,200 to purchase a suitable Alternative Park Parcel, $900,000 to improve it, and $1,859,794 to provide maintenance and a capital replacements endowment for twenty (20) years. Apple and the City agree that the $5,511,200 amount for an Alternative Park Parcel likely exceeds the fair market value for a 1.1 acre parcel. However, under the Development Agreement, Apple could elect to purchase, designate, and dedicate to the City an Alternative Park Parcel instead of paying the City $5,511,200 to acquire such property. Any Alternative Park Parcel selected by Apple must be appropriate and suitable for public park use, publicly accessible, and otherwise in a condition and location acceptable to the City. Apple 1 Infinite Loop Cupertino, CA 95014 T 408 996 -1010 F 408 996 -0275 www.apple.com David Brandt, City Manager November 12, 2013 Page 2 Apple and the City have agreed that if Apple acquires, designates, and dedicates a suitable Alternative Park Parcel to the City before Apple makes the Aggregate Payment, the Aggregate Payment would be reduced by $5,511,200. The parties have further agreed that if Apple acquires and conveys a suitable Alternative Park Parcel to the City after Apple has made the Aggregate Payment, but before the City has itself entered into an agreement to purchase an Alternative Park Parcel, then the City will promptly refund to Apple $5,511,200 (less out -of- pocket amounts, if any, that the City may have already committed or expended in connection with site selection and acquisition activities, such as due diligence review, title review, appraisals, environmental investigations, and similar expenditures). Finally, to avoid the expenditure of unnecessary or duplicative funds in connection with the acquisition of thE� Alternative Park Parcel, the parties have agreed that if either party is in negotiations or is otherwise preparing to purchase an Alternative Park Parcel, that party shall promptly notify the other party of that fact. If these terms are acceptable, please sign in the signature block below and return a copy of this letter to me. Very Truly Yournns, C', 4 J mes C. Fowler ssistant Secretary, Apple Inc. ACKNOWLEDGED AND AGREED: CITY OF;GUPERTINO By: V, Z� Print Name: David Brandt Title: City Manager CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Sa H-Ez, UA " CIVIL CODE § 1189 On A111 v - L-S", zo l 3 before me, Date Here Insert Name and Title of Oe Officer personally appeared 16a v f %3ra co f Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(;] whose name(are subscribed to the within instrument and acknowledged to Mme that 6 /she /they executed the same in (hisfher /their authorized capacity(je's), and that by (hiss /her /their signature(sf on the instrument the person(s), or the entity upon behalf of which the person(sj acted, executed the instrument. KI�RSTEN RENEE SOUARCIA I certify under PENALTY OF PERJURY under the Commission # 1906898 L laws of the State of California that the foregoing Z ° -® Notary Public- California z paragraph is true and correct. Santa Clara County WITNESS my hand and official seal. Signature= �`a -�„-? Place Notary Seal Above Signature of Notary PLT151ic OPTIONAIL Though the information below is not required by law, it m6 y prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document p Title or Type of Document: Lgf- Ile— re 9 111W Document Date: /Va vc- 1 c,/ I )_ .1 2-0 13 Number of Pages: 2- Signer(s) Other Than Named Above: < I --L (-n e- C r lco W �� V­ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual vreMAM ❑ Partner — ❑ Limited ❑ General Top of thumb here [:1 Attorney in Fact 11 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing I�I 0,2010 National Notary Association - NationalNotary.org - 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907