CC Resolution No. 98-162RESOLUTION NO. 98-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGEMENT TO EXECUTE AN AMENDED AGREEMENT
BETWEEN SYMANTEC, CUPERTINO CITY CENTER BUILDINGS, AND THE CITY OF
CUPERTINO FOR THE COMPLETION OF CERTAIN IMPROVEMENTS ALONG
STEVENS CREEK BOULEVARD AND WITHIN THE SOUTHEAST CORNER OF
STEVENS CREEK AND DEANZA BOULEVARD
WHEREAS, there has been presented to the City Council a proposed amendment of
Paragraph B of Exhibit A of City Council Resolution 9751, which is an agreement between
Symantec, Cupertino City Center Buildings, and the City of Cupertino for the improvement of an
existing private park located on the comer of Stevens Creek Boulevard and DeAnza Boulevard
and the installation of sidewalk and landscaping on the property easterly of and adjacent to the
said comer site; and
WHEREAS, the terms, conditions and provision of this amended agreement have been
reviewed and approved by the City Manager and the Director of Community Development;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby approves the amendment of Paragraph B of aforementioned agreement in concept as
described on Exhibit A and authorizes the City Manager to execute said agreement on behalf of
the City of Cupertino. The final agreement shall be approved as to form and content by the City
Attorney.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15~ day of June, 1998, by the following vote:
Vote:
Member of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
BURNETT, DEAN, JAMES, STATTON, CHANG
NONE
NONE
NONE
ATTEST:
City Clerk (,/'
~, Q~OVED:
Ma~,or, City of Cupertino
EXHIBIT A - Resolution 9751 amended by Resolution 98-162
Conceptual A~,reement
The City of Cupertino, Cupertino City Center Buildings (park owner), Cupertino City Center
Land, A California Limited Partnership, and Symantec agree to the following:
Ao
Symantec will pay $1.00 per square foot or (approximately $141,000 to $143,000
depending upon the final size of the amenity space 'a4thin the lobby). The payment will
be made upon issuance of certificate of occupancy.
Symantec/Cuportino City Center Buildings Cuvertino City Center Land, a Calilbrnia
Limited Partnership will finish the Perimeter Road/Parking along the eastern border of
the park. Said project will be comvleted in coniunction with the anvroval of land use
entitlements and subsequent construction ofimvrovements on Lot 1 of Tract 7953 which
is referred to as the "Hotel with Ancillary Retail Commercial" activity on the Heart o £ the
City Svecific Plan. Cupertino City Center Land. a California limited partnership will
provide a surety to the City for the value of the work, as determined by the Director
Public Works, for a period of six months from the ratification of this revision bv City
Council. At the end of six months, this item will be re-evaluated by City Council based
on the progress ora conditional use permit application for development on Lot 1.
Co
Symantec/Cupertino City Center Buildings will install the streetscape improvements/hr
the hotel site consistent with the Stevens Creek Boulevard Specific Plan, A double row
of trees will frame a sidewalk. Tuffwill be installed between the sidewalk and curb.
Turf will not be installed outboard of the sidewalk (on the private property). The project
will be completed prior to issuance of a certificate of occupancy for the Symantec prnject.
The City will be responsible for the funding, planning and approval of public art and
amenities within the comer park. The funds referenced in paragraph A above will be
used to fund the improvements in the park. Costs which exceed the funds provided by
Symantec and/or Cupertino City Center buildings would be borne by the City.
The ~eneral public would continue to have access to the corner park and the City shall
have the right to plan public events within said space.
The City and Cupertino City Center Buildings will complete a separate agreement
regarding the potential for dedication of the comer park to the City and/or a maintenance
and use agreement. Generally, if the City obtains ownership, the City will maintain the
park. Conversely, if the park remains in private ownership, it will be maintained
privately.
Symantec's obligation to provide public art would not be construed to mean public art
within the comer plaza. The requirement for public art would be met on the Symantec
building site. The concept of public art will be discussed further when Symantec seeks
approval for the final landscaping plan.