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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 not been comparod Kith , bz� :; ss SANTA CLARA COUNTY C: LE, � -2k -3E 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 0 Original r �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 G:IPlanninglVallcolVallco agreement ord 1947.doc CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of �l ss. On before me, GV0, 1+ Date Name and Title of Officer (e. g., "Jane oe, Notary Public ") personally appeared Name {s] of Signer{si SC11AiDi CanM+r�+ # ] 34bbOQ N0111M Pubft " CaManra Sarro Clara Carry liAyCornm. F4b2l. We—rsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that helshelthey executed 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 ❑ Individual Top of thurnib here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: t Signer Is Representing: �0 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