91-023d Westland Shopping Cnter L.P. relative to Vallco Fashion Park development future hotel, 6th amend 11-1-2005 (x-ref 1974)RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
DOCUMENT: 18774347
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AMT PAID
City of Cupertino BRENDA DAVIS RDE # 010
Community Development Department SANTA CLARA COUNTY RECORDER 1/19/2006
City
10300 Torre Avenue Recorded at the request of
Cupertino, CA 95014 q 1 11:56 AM
SIXTH 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 18 , 2005, the City Council of the City
of Cupertino enacted Ordinance No. 1969 authorizing the execution of the Amendment.
Now Therefore, it is hereby agreed by the parties as follows:
1. Section 1.2 of the above described development agreement is hereby amended to
extend its term to August 15, 2009.
2. Section 2.6.5 is added to read:
RECEIVED FEB 92006
12/12/2005 13:57 FAX 408 777 3333 CITY CUPERTINO
0 002/004
Conditions with Regard to Hotel Site. Future development for the
approximately two -acre site located at the northeast portion of the Property,
currently labeled "Proposed Sports Connection" in Exhibit B of
the Agreement, shall be developed for a minimum 100 -room hotel and
ancillary services. Should the Development Agreement expire prior to
development of the site for said hotel, another instrument guaranteeing hotel
development on the site shall be agreed upon by the applicant and the City.
3. Section 2.6.6 is added to read:
A use permit shall be required for any hotel other than at the Rosebowl site.
4. Section 2.6.7 is added to read:
A use permit shall be required for a parking garage over three stories located
north of Macy's.
S. Section 2.6.8 is added to read:
Neighborhood meetings shall be held prior to Planning Commission and City
Council public hearings regarding the height and design of the proposed
parking structure located north of Macy's.
6. All other terms of the Development Agreement remain in full force and effect.
7. This Amendment, together with Ordinance No. 1969 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 Amendment as of the date hereinafter above written.
CITY OF CU ERTINO, A
MUNICIP ORPO TION
BY:
Patrick Kwok, Mayor
Attest:
City Clerk
to form:
T. Kilian, City
VALLCO INTERNATIONAL
SHOPPING NTER, LLC
BY:
Alang,
G:\Planning\Vallco\Vallco agreement ord 1969.doc
ORDINANCE NO. 1969
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MODIFYING A DEVELOPMENT AGREEMENT (1 -DA -90) TO EXTEND
THE TERM OF THE AGREEMENT TO AUGUST 15, 2009,
TO REQUIRE A HOTEL USE FOR FUTURE DEVELOPMENT IN THE
NORTHEAST PORTION OF THE PROPERTY, TO REQUIRE A USE PERMIT FOR
ANY HOTEL OTHER THAN AT THE ROSEBOWL SITE, TO REQUIRE A USE
PERMIT FOR A PARKING GARAGE OVER THREE STORIES LOCATED NORTH
OF MACY' S AND TO REQUIRE NEIGHBORHOOD MEETINGS PRIOR TO
PLANNING COMMISSION AND CITY COUNCIL PUBLIC HEARINGS
REGARDING THE HEIGHT AND DESIGN OF THE PROPOSED PARKING
STRUCTURE LOCATED NORTH OF MACY' S AT VALLCO
WHEREAS, an application was received by the City (Application No. DA -2005-
02) for the modification of a development agreement (1 -DA -90);
WHEREAS, the City Council finds that the subject Development Agreement
meets the following requirements:
Is consistent with the objectives, policies, general land uses and programs specified in the
General Plan and any applicable specific plan;
Is compatible with the uses authorized in, and the regulations prescribe for, the land use
district in which the real property is or will be located;
Is in conformity with and will promote public convenience, general welfare and good
land use practice;
Is not detrimental to the health, safety and general welfare;
1. Will not adversely affect the orderly development of property or preservation of
property values; and
Will promote and encourage the development of the proposed project by providing a
greater degree of requisite certainly.
WHEREAS, upon due notice and after one public hearing the Planning
Commission recommended to the City Council that the amendment be granted; and
Ordinance No. 1969 2
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That section 1.2 Term of the development agreement described as 1 -DA -90 is
hereby amended to extend the term of the Development Agreement to August 15, 2009.
Section 2.6.5 Conditions with Regard to Hotel Site. Future development for the
approximately two acre site located at the northeast portion of the Property, currently
labeled "Proposed Sports Connection" in Exhibit B of the Agreement, shall be developed
for a minimum 100 -room hotel and ancillary services. Should the Development
Agreement expire prior to development of the site for said hotel, another instrument
guaranteeing hotel development on the site shall be agreed upon by the applicant and the
City.
Section 2.6.6 A use permit shall be required for any hotel other than at the Rosebowl site.
Section 2.6.7 A use permit shall be required for a parking garage over three stories or
higher than 32 feet located north of Macy's. The parking garage shall be mitigated for
privacy.
Section 2.6.8 Neighborhood meetings shall be held prior to Planning Commission and
City Council public hearings regarding the height and design of the proposed parking
structure located north of Macy's.
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 18th day of October 2005 and ENACTED at a regular meeting of the City Council of
the City of Cupertino the 1 st day of November 2005, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
/s/ Kimberly Smith
City Clerk
Members of the City Council
Lowenthal, Sandoval, Wang, James
Kwok
None
None
/s/ Patrick Kwok
Mayor 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 13th day of January 2006, at Cupertino, California.
Deputy City Clerk
City Clerk's Office
City of Cupertino