Loading...
91-023c Westland Shopping Center L.P. relative to Vallco Fashion Park development Cinema Complex, 5th amend 5-03-04 (x-ref 1974)RECORDING 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 DOCUMENT: 18802176 111111111111111111111111 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages: 8 Fees.... + No Fees Taxes... Copies. AMT PAID RDE # 003 2/09/2006 9:11 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 D Original 0 For Fast 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 May 3 , 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 I Sandra James�ayor Attest: City Clerk Approved Charles T. VALLCO INTERNATIONAL SHOPPING CENTER, LLC BY: Alan ng, er G:\Planning\Vallco\Vallco agreement ord 1936.doc 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On Z-2_-6� Date t - personally appeared before me, S 4 Name and Title of Officer (e.g., "Jae Doe, Notary Public" GRAICE SCHMVT Caffmdulon # 1395600 Santo Ckwo Ca ntV 0111111VIC01110M.E0 l ibZl.200 Name(s) of Signer(s) P15e—r-sonally 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 he/she/they 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. WITNF.PS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may 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 Title or Type of Document: 4& /1 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name Elum Individual Top of thb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 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 1-800-876-6827 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 RF.MALS 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 the 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: /s/ Kimberly Smith City Clerk Members of the City Council James, Kwok, Lowenthal, Sandoval, Wang None None None APPROVED: /s/ 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. &1'alc"LJOCl Deputy City Clerk City Clerk's Office City of Cupertino