CC Resolution No. 9935RESOLUTION NO. 9935
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING MODIFICATIONS TO A TENTATIVE MAP
RELATED TO DEVELOPMENT PHASING
(APPLICATION NO. 8-TM-96 (MOD.)
WHEREAS, the City of Cupertino has approved an application for a Tentative Map
Application 8-TM-96, as described in this resolution; and
WHEREAS, the conditions of approval for said application have a provision for
development phasing.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino
hereby approves modification of Condition No. 6 of Application No. 8-TM-96 as follows:
6. DEVELOPMENT PHASING
In order to ensure that the construction of the hotel (on parcel 2 of the zoning plot
map) is initiated in a timely fashion, the commencement of its construction shall occur prior to, or
simultaneously with, the issuance of building permits for any multi-family residential units on
Parcel 1. As used herein, "commencement of construction" means: 1) all plans for the construction
of the hotel (foundations and structure) must be submitted to, and approved by the City and 2) all
foundations for the hotel (including the installation of footings, and first floor slab) must be
completed and inspected by the City.
If the commencement of construction of the hotel has not occurred when the applicant
requests issuance of building permits for any multi-family residential units on Parcel 1, the
applicant may elect to proceed with construction of said units, prior to the commencement of
construction of the hotel by immediately tendering the sum of $1,000,000 to the City to be retained
by the City as security for the timely commencement of construction of the hotel. If applicant
tenders such amount to the City, then commencement of construction of the hotel shall not be
required prior to, or simultaneously with, the issuance of building permits for any multi-family
residential units on parcel 1 and the condition set forth herein shall be deemed satisfied to the extent
that it affects the development of Parcel 1.
Said sum shall be deposited with the City Treasurer and shall earn interest at the same rate as
other City short term investments. If the commencement of construction of the hotel occurs within
240 days of the tender of said sum to the City, then, in that event, said sum together with interest,
shall be returned to the applicant. If commencement of construction does not occur within said 240
days, then, in that event, said sum together with interest, shall be retained by the City as liquidated
damages. The specific procedures for tender, retention, and return of said sum will be memorialized
in an agreement between the applicant and the City to be fully executed prior to close of escrow on
the subject property.
Resolution No. 9935
Page 2
This condition becomes effective only upon the City's approval, prior to the second reading
of Ordinance 1764 amending 6-Z-96, of a fully executed Hilton standard form license agreement
which specifically provides that all conditions (with the exception of the completion of the purchase
of the subject property) described in Hilton's letter to Peter Pau dated May 12, 1997 have been
fulfilled. Said agreement shall be reviewed by the City Attorney and approved by the City Council
before this condition becomes effective.
In the event that this condition does not become effective, the original conditions 4, 17, and 6
contained in 6-Z-96, 15-U-96, and 8-TM-96, respectively, shall remain in full force and effect.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of
Cupertino this 2nd day of September, 1997, by the following vote:
Vote
Members of the Ci_ty Council
AYES: Burnett, Chang, Bautista
NOES: Dean, Sorensen
ABSENT: None
ABSTAIN: None
ATTEST:
City~
la~yor, City ot Cupertino