CC Resolution No. 98-293RESOLUTION NO. 98-293
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT OF
RESOLUTION 98-162, AN AGREEMENT BETWEEN SYMANTEC, CUPERTINO CITY
CENTER BUILDINGS, AND THE CITY OF CUPERTINO. THE AMENDMENT PERTAINS
TO THE DEFERMENT OF PARKING AND CIRCULATION DRIVEWAY
IMPROVEMENTS FOR THE "CORNER PARK" AT THE INTERSECTION OF DE ANZA
BOULEVARD AND STEVENS CREEK BOULEVARD
WHEREAS, the City Council adopted resolution No. 98-162, 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 owner of the "hotel site" property adjoining the comer park
improvements referenced in City Council Resolution 98-162 are still pursuing the construction of
a hotel, and
WHEREAS, it is in the public interest to continue to provide flexibility for the design of
and construction of said potential hotel by deferring parking and circulation drive improvements
on the eastern edge of said comer park, 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 7th day of December, 1998, by the following vote:
Vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Member of the City Council
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
ATTEST:
APPROVED:
Mayor, City of ~pertino
Exhibit A of Resolution 98-293
The six-month deferment of the Perimeter Road/parking area referenced in paragraph B of
Exhibit A of City Council Resolution 98-162 is extended for a six-month period ending June 15,
1999. At the end of the term, this item will be re-evaluated by the City Council based upon
continued progress for the pursuit of a conditional use permit application for development of the
city Center "hotel site."
RlgSOLUTION NO. 98-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORJZING 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 corner of Stevens Creek Boulevard and DeAnza Boulevard
and the installation of sidewalk and landscaping on the property easterly of and adjacent to the
said corner site; and
WHEREAS, the temps, conditions and provision of this amended agreement have been
reviewed and approved by the City Manager and the Director of Conmaunity 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:
.~,OVED:
Ma~,or, City of Cupertino
EXJIlBIT A - Resolution 9751 amended by Resolution 98-162
_Conceptual Aereement
The City of Cupertino, Cupertino City Center Buildings (park owner), Cupertino City Center
Land, A California Limited Part,mrship, and Symantec agree to the fbllowing:
A. Symantec will pay $1.00 per square foot or (approximately $141,000 to $143,000
depending upon the final size of the amenity space within the lobby). The payment will
be made upon issuance of certificate of occupancy.
B. gyn..- ~::tec4C~,-tinv r,;,,. ,- D,,;,,~ ,~ -
.,,a ..... ~,,~ Cenle .........o-_Cupertmo City Center Land, a Cali~brnia
L_imited Partnership will finish the Perimeter Road/Parking along the eastern border of
tile park. Said ro'ect wilI be corn leted in con'unction with the a royal oi"land use
entitlements and subse uent construction of ira rovements on Lot I of'Tract 7953 which
is referred to as the "Hotel with Ancilla Retail Commercial" activity onthe Helm ol'li~e
C-~~mited r~artnershi will
~a surety to the Ci~~..
Public Works for a eriod of six months from the ratification oflhis revision bv City
Council. At the end of six months this item will be re-evaluated by Cit Council based
_on the ro ress of a conditional use ermit a lication for develo meat on Lot I.
C. Symantec/Cupertino City Center Buildings will install the streetscape improvements [br
the hotel site consistent with the Stevens Creek Boulevard Specific Plan. A double row
of trees will frame a sidewalk. Turf will be installed between the sidewalk and curb.
Turf will not be installed outboard of the sidewalk (on the private property). Thc pro. icct
will be completed prior to issuance ora certificate of occupancy for the Symantec pro. icct.
D. 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 ~ould be borne by the City.
E. The ~neral public would continue to bare access to the comer park and tile City shall
have the right to plan public events within said space.
F. The City and Cupertino City Center Buildings will complete a separate agreement
regarding the potential for dedication of the comer park to tile City and/or a maintenance
and use agreement. Generally, if the City obtains ownership, the City will maintain thc
park. Conversely, if the park remains in private ownership, it will be mainlaiacd
privately.
ymantec s obhgatmn to provide public art would not be construed to mcan 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 wbcn Symantec socks
approval for the final landscaping plan. ·