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CC Resolution No. 98-294RESOLUTION NO. 98-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING EXHIBIT A OF RESOLUTION NO. 98-162 BY ADDING A NEW PROVISION REGARDING ADDITIONAL FINANCIAL REQUIREMENTS FOR THE APPLICANT WHEREAS, Symantec Corporation received approval to construct a building which contains square footage in excess of that normally allowed for the site, and WHEREAS, Said building space was granted in part contingent upon the General Plan and Specific Plan policy which granted additional space based upon Symantec's number of employees and its status as a headquarters site, and WHEREAS, The City Council and the applicant agreed to make off-site improvements and implement other conditions in recognition of the receipt of extra development intensity, and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the amendment of the aforementioned conceptual agreement as described in 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 fbrm and content by the City Attorney. PASSED AND ADOPTED at a regular meeting of the City Council of the City ol' 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: City Clerk ~7~ g/planning~ms/98symant¢c APPROVED: Mayor, City of~upertino Exhibit A of Resolution 98-294 Addendum to Exhibit A of Resolution 98-162 to add paragraph H H. Authorize City Manager to execute an agreement with the applicant to provide an additional $100,000 to be used for off-site improvements or in lieu thereof, some other finm~cial arrm~gement consistent with Symantec letter to the City dated and presented to the City Council on November 16, 1998 provided that said in-lieu financial arrangement is completed within 90 days of the approval of this resolution. g/pdreport/cc/symanexhiba RESOLUTION 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 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 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 mnendment 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 CiW Council AYES: NOES: ABSENT: ABSTAIN: BURNETT, DEAN, JAMES, STATTON, CHANG NONE NONE NONE ATTEST: City Clerk Ma~,or, City of Cupertino EXHIBIT A- Resolution 9751 amended by Resolution 98-162 C~onceptual Agreement The City of Cupertino, Cupertino City Center Buildings (park owner), Cupertino City Center Land, A California Limited Partnership, 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). Tile payment will be made upon issuance of certificate of occupancy. .' ........... uv ...... o C~., .....e ......... ,., C_Cupertmo C~ty Center Land, a Calil'brnia _Limited Partnership will finish the Perimeter Road/Parking along ii~e eastern border of the park. Said ro'ect will be corn feted in con'unction with the a roval of'land use .entitlements and subse nent construction ofJm rovements on Lot 1 of Tract 7953 which s referred to as the "Hote Wlth Ancfila Retad Commercml' activity on the H'eart ol'the ~S ecific Plan. Cu ertino Ci Center Land a California limited artnershi will ~ a sure to the City for the value of the work as determined by the Director o~' Public Works for a eriod of six months from the ratification of this revision bv Citv Council. At the end of six months this item will be re-evaluated by Cit Council based on the ro ress ora conditional use ermit a lication for develo ment on Lot I. C. Symantec/Cupertino City Center Buildings will install the streetscape improvements tbr 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 prqjcct will be completed prior to issuance ora certificate of occupancy tbr the Symantec project. 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 xvill 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 have access to the corner park and the 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 corner park to the City and/or a maintenance and use agreement. Generally, if the City obtains ownership, the City will mai[~.tain thc park. Conversely, if the park remains in private ownership, it will be ma ~tained 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 Inet on the Symamcc building site. The concept of public art will be discussed further when Symantec socks approval for the final landscaping plan.