CC Resolution No. 8920
RESOLUTION NO. 8920
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT FOR DEFERMENT OF
IN-LIEU FEES FOR PARKS AND RECREATION FACILITIES
(RUTH NORMAN v. CITY OF CUPERTINO - SUPERIOR COURT
ACTION 719174; COURT OF APPEALS ACTION H010840)."
WHEREAS, the City Council of the City of Cupertino authorized the City
Attorney to a settlement of Nonnan v. City of Cupertino Superior Court, No. 719174,
Court of Appeals No. H010840; and
WHEREAS, the City Council authorized specific tenns of said settlement; and
WHEREAS, the City has been presented with an agreement for defennent for park
in-lieu dedication fees; and
WHEREAS, said agreement has been reviewed by the City Attorney and the City
Council and is within the tenns agreed upon;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the Mayor and City Clerk to execute the agreement attached
to this Resolution as Exhibit "A" and authorizes the Director of Finance to issue a warrant
to Mrs. Nonnan in the amount of $15,750 as per letter dated June 25, 1993, rrom the
Pacific Legal Foundation (Exhibit "B").
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this ---º1lL day of July , 1993, by the following vote:
V ote Members ofthe City Council
A)fES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
AùBSE~: None
AùBSTAIN: None
ATIEST:
/8/ Roberta A. Wolfe
City Clerk, Deputy
RESOLUTION NO. 8920
APPROVED:
/s/ Nick Szabo
Mayor, City of Cupertino
2
AGREEMENT FOR DEFERMENT OF IN-LIEU
FEES FOR PARK AND RECREATIONAL
FACILITIES
(COVENANT RUNNING WITH THE LAND)
This Agreement is entered into on
, 1993,
between Ruth A. Norman ("Property Owner") and the City
of Cupertino, a municipal corporation located in the
County of Santa Clara, State of California ("City").
Recitals
A. Property Owner owns real property in the City of
Cupertino, described as follows:
See attachment A
and more commonly known as 11830 Upland Way (APN *
.366-03-0551 ("Subject Property")
B. On or about July 9, 1990, Property Owner received
approval from the Planning Commission of City to split
the Subject Property from a larger parcel of real
property. Said approval was in the form of a tentative
parcel map (4-TM-90).
C. Said approval was subject, among other conditions,
to the following requirement:
The project developer shall enter
into an agreement with the City of
Cupertino providing for the
payment of fees, including, but
not l~mited to, checking and
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Page 1 of five
inspection fees, storm drain fees,
park dedication fees, and fees for
undergrounding of utilities.
D. On or about November 20, 1991, Property Owner and
City entered into an agreement for payment of the fees
described above and particularly providing for the
payment of the sum of $15,750 for in-lieu park
dedication fees attributable to the Subject Property.
E. The parties wish to amend the above-described
agreement by deleting the requirement that Property
Owner pay the sum of $15,750 and by providing that the
obligation of the Property Owner, her heirs, successors
and assigns, to pay in-lieu park dedication fees
attributable to the Subject Property be deferred until
the Subject Property is transferred, sold, leased,
financed, or re-financed,
THEREFORE, the parties agree as follows:
Benefit of Park Fees
1 . Property Owner agrees that the in-lieu park
dedication fee that she is obligated to pay will
materially benefit the Subject Property by enabling City
to provide park services within the general area of the
Subject Property and that said payment is necessary to
comply with the tentative parcel map conditions imposed
by City Planning Commission pursuant to 4-TM-90.
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Page 2 of five
Deferment of Payment
2. City agrees that Property Owner, may postpone
the payment of said park in-lieu dedication fee until
such time as the Subject Property is transferred
(including, but not limited to, transfer by sale, gift,
or devise), leased, financed or re-financed.
Amount of In-Lieu Park Dedication Fee
3. The amount of the in-lieu park dedication fee
to be paid by Property Owner, or her successors in
interest, shall be the amount imposed by City pursuant
to its local ordinance for similar property at the time
the Subject Property is actually transferred, leased,
financed or re-financed.
Payment of Fees Prior to Transfer, Lease, Financing
Or Re-Financing Subject Property : Lien
4. Prior to actual transfer, lease, financing or
re-financing of the Subject Property, the Property
Owner, or her successors in interest, shall cause the
payment of said in-lieu park dedication fee to City. If
said payment is not made, the City may make said fee a
lien on the Subject Property by recording with the
County Recorder a notice that said in-lieu park
dedication fee is owed under the terms of this agreement.
The notice shall state the fact that the City is owed
said fee under the terms of this agreement and shall
state the amount owed. Said unpaid amount shall draw
interest at the rate of 7 percent per year until paid.
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Page 3 of five
Additional Remedies
5. City may, as an alternative to the lien
procedure set forth above, bring legal action to collect
the amount of the fee plus interest against the Property
Owner, her heirs, successors in interest, and assigns.
Property Owner agrees that if legal action by City is
necessary to collect the amount of the fee, Property
Owner agrees to pay City a reasonable sum as attorneys'
fees and court costs.
Covenants Running With the Land
6. The covenants in this agreement pertain to and
run with the Subject Property described herein. This
agreement binds the Property Owner, her successors in
interest, heirs and assigns.
IN WITNESS WHEREOF, the parties have executed this
agreement on the date first above written.
Dated: t- -..;;z 3 - 93
x ¡(~, 071 ~
RUTH A. NORMAN, Property Owner
STATE OF CALIFORNIA,
ss.
COUNTY OF SANTA CLARA
On .23¡-J-:JIIN~ ,1993, before me,
ßA-tt"'~KA -p,teYflwT. NO., /l/C'I f'¡)ßLIC
personal y appeared I\.',,'¡-H r¡ NOItP,,'1Ñ
,
personally known to me (or 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. ~__~~_____~__
~ .lit .. .. ..- - .. ... - ... ... -
seal. ~ i~:':~: ~~.!~!f jJ
Seal L·' ~ACl.ARACOUNTY
. -,~~
_ _ _ _ _ . . . _ ~~_t~ _ _ _I
,
WITNESS my hand and official
Signature ~. .~
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Page 4 of five
APPROVED AS TO FORM
Owner
CITY OF CUPERTINO
MAYOR
APP~
~LES T. ILIAN, City Attorney
ATTEST
CITY CLERK Deputy
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Page 5 of five
ATTACHMENT A
LEGAL DESCRIPTION OF
PROPERTY SUBJECT TO THIS AGREEMENT
11830 Upland Way, Cupertino
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Parcel 2 as designated on that certain Parcel Map entitled, "Parcel Map Lands of Norman
being a re subdivision of Lot 9 Tract No. 492, Marquette Heights Subdivision; portion of the
northwesterly 1/4 section 26 TIS., R 2 W lying entirely within the City of Cupertino,
California", which Parcel Map was recorded in the office of the County of Santa Clara, State
of California on December 20, 1991, in Book 633 of Maps at pages 5 and 6.
;1l#.,
. 1¡¡If
PIþ
Pacific Legal Foundation
June 25, 1993
Mr. Charles T. Kilian
City Attorney
City of Cupertino
1740 Technology Drive
Suite 250
San Jose, CA 95110
VIA FEDERAL EXPRESS
Dear Mr. Kilian:
Re: Norman v. City of Cupertino Superior Court,
No. 719174. Court of Ap.¡>eal No. H010840
Pursuant to your letter of June 8, 1993, Mrs. Norman has signed the proposed
agreement and I am forwarding it to you today via Federal Express. Upon receipt of
the City of Cupertino's warrant in the amount of $15,750 payable to Mrs. Norman, we
will move to dismiss the above-referenced action with prejudice.
We appreciate your continued cooperation and courtesy.
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