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CC 02-22-00RESOLUTION NO. 00-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING FEBRUARY 4, 2000 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: · / D~rector of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 22nd day of February ,2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 02/03/00 CITY OF CUPERTINO PAGE ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FU~ ~ELECTION CRITERIA: transact.trans_date between "01/31/2000" and "02/04/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOU~ 1020 574953 02/04/00 10 1020 574953 02/04/00 10 1020 574953 02/04/00 10 1020 574953 02/04/00 10 1020 574953 02/04/00 10 1020 574953 02/04/00 10 1020 574953 02/04/00 10 TOTAL CHECK 1020 574954 02/04/00 40 ABAG POWER-ELECTRICAL 5606620 ABAG POWER-ELECTRICAL 1108312 ABAG POWER-ELECTRICAL 1108314 ABAG POWER-ELECTRICAL 1108504 ABAG POWER-ELECTRICAL 1108503 ABAG POWER-ELECTRICAL 1108503 ABAG POWER-ELECTRICAL 1108507. ALTEC INDUSTRIES INC 6308540 ELECTRIC 2/00 0.00 389.6 ELEC~IC 1/00 0.00 90.9 ELECTRIC 2/00 0.00 1099.9 ELECTRIC 1/00 0.00 13.¢ ELECTRIC 1/00 0.00 2633.3 ELECTRIC 2/00 0.00 1242.8 ELECTRIC 2/00 0.00 477.7 0.00 64350.9 REPAIR HYDRAULIC SYS 0.00 227.5 1020 574955 02/04/00 M ATC 1107503 WORKSHOP 3/20-3/21 0.00 125.0 1020 574956 02/04/00 993 JACKLYN BADDELEY 1106529 REIMBURSEMENT 0.00 55.0 1020 574957 02/04/00 M BAY AREA AUTOMATED MAPPI 6104800 CORPORATE MEMBERSHIP 0.00 125.0 1020 574958 1020 574958 TOTAL C~CK 02/04/00 1057 BENEFITAMERICA 110 02/04/00 1057 BENEFITAMERICA 110 FLEX 0.00 118.6 DEPENDENT CARE 0.00 769.2 0.00 887.8 1020 574959 020 574960 02/04/00 103 BOOK PUBLISHING COMPANY 1107200 02/04/00 M BUNNELLE, PHIL 5500000 SUPPLIES 0.00 529.5 REFUND COMPUTER CLASS 0.00 40.O 1020 574961 02/04/00 M CALGIS 2000 6104800 CONFERENCE 0.00 410.0 1020 574962 1020 574962 1020 574962 TOTAL CHECK 02/04/00 132 02/04/00 132 02/O4/OO 132 CALIFORNIA WATER SERVICE 1108407 CALIFORNIA WATER SERVICE 1108312 CALIFORNIA WATER SERVICE 1108312 WATER SVC 1/00 0.00 64.6 WATER SVC 1/00 0.00 27.3 WATER SVC 1/00 0.00 17.7 0.00 109.6 1020 574963 1020 574963 1020 574963 1020 574963 TOTAL CHECK 02/04/00 146 CASH 5806249 02/04/00 146 CASH 5806449 02/04/00 146 CASH 1106343 02/04/00 146 CASH 5806349 PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME 0.00 0.00 0.00 0.00 0.00 64.2 8.2 4.3 63.3 140.2. 1020 574964 02/04/00 1156 CHA 110 EMPLOYEE DEDUCTIONS 0.00 145.5 1020 574965 02/04/00 984 CROSSROADS CHEVRON SERVI 6308540 GASOLINE/CITY VEHICLES 0.00 1747.4 1020 574966 02/04/00 191 1020 574966 02/04/00 191 1020 574966 02/04/00 191 1020 574966 02/04/00 191 1020 574966 02/04/00 191 1020 574966 02/04/00 191 TOTAL CHECK 320 574967 02/04/00 191 CUPERTINO CHAMBER OF COM 1104200 CUPERTINO CHAMBER OF COM 1107200 CUPERTINO CHAMBER OF COM 1101200 CUPERTINO CHAMBER OF COM 1108001 CUPERTINO CHAMBER OF COM 1103300 CUPERTINO CHAMBER OF COM 1101201 CUPERTINO CHAMBER OF COM 1106100 K SMITH S PIASECKI D BROWN & L LAGERGREN B VISKOVICH D KREY L D LEE S DOWLING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 25.0 25.0 50.0 25.0 25.0 25.0 175.0 25.0 RUN DATE 02/03/00 TIME 12:34:17 - FINANCIAL ACCOUNTING 02/03/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 6/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: Cransact.trans_date between "01/31/2000" and "02/04/2000" FLrND - 110 - GENEP~AL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX PAGE 3 AMOU~ 1020 574968 02/04/00 242 EMPLOYMENT DEVEL DEPT 110 1020 574969 02/04/00 243 EMPLOY~NT DEVELOPMEITT 110 1020 574970 02/04/00 821 FOOTHILL-DE ANZA COLLEGE 1104510 1020 574971 02/04/00 281 GA~RDENLAND 1108314 1020 574972 02/04/00 310 GTE WIRELESS 1107503 1020 574972 02/04/00 310 GTE WIRELESS 1107503 1020 574972 02/04/00 310 GTE WIRELESS 1107503 1020 574972 02/04/00 310 GTE WIRELESS 1107503 1020 574972 02/04/00 310 GTE WIRELESS 1108602 1020 574972 02/04/00 310 GTE WIRELESS 1108201 1020 574972 02/04/00 310 GTE WIRELESS 1108201 1020 574972 02/04/00 310 GTE WIRELESS 1107503 1020 574972 02/04/00 310 GTE WIRELESS 1107503 1020 574972 02/04/00 310 GTE WIRELESS 1107503 1020 574972 02/04/00 310 GTE WIRELESS 5208003 1020 574972 02/04/00 310 GTE WIRELESS 1108102 1020 574972 02/04/00 310 GTE WIRELESS 1108102 1020 574972 02/04/00 310 GTE WIRELESS 1108505 1020 574972 02/04/00 310 GTE WIRELESS 1108101 1020 574972 02/04/00 310 GTE WIRELESS 6104800 1020 574972 02/04/00 310 GTE WIRELESS 6104800 1020 574972 02/04/00 310 GTE WIRELESS 1108503 1020 574972 02/04/00 310 GTE WIRELESS 1108503 1020 574972 02/04/00 310 GTE WIRELESS 1108501 1020 574972 02/04/00 310 GTE WIRELESS 1108706 1020 574972 02/04/00 310 GTE WIRELESS 1108504 1020 574972 02/04/00 310 GTE WIRELESS 1108504 1020 574972 02/04/00 310 GTE WIRELESS 1108504 1020 574972 02/04/00 310 GTE WIRELESS 1108504 1020 574972 02/04/00 310 GTE WIRELESS 1107501 1020 574972 02/04/00 310 GTE WIRELESS 1107501 1020 574972 02/04/00 310 GTE WIRELESS 1108201 1020 57q972 02/04/00 310 GTE WIRELESS 1107503 TOTAL CHECK 1020 574973 02/04/00 338 IBM CORPORATION 1104100 1020 574973 02/04/00 338 IBM CORPORATION 1104100 TOTAL CHECK 1020 574974 02/04/00 343 ICMA RETIRF_Z4ENT THUST-45 110 1020 574975 02/04/00 1242 INSTY-PRINTS 1020 574975 02/04/00 1242 INSTY-PRINTS 1020 574975 02/04/00 1242 INSTY-PRINTS TOTAL CHECK 1101000 1101031 1107301 STATE WIT~OLDING STATE DISABILITY BEST WORKSHOP 1/12&1/2 SUPPLIES CELLUID%R PHONE SERVICE CELLULAR PHONE SERVICE CELLU-~ PHONE SERVICE CELLULAR PHONE SERVICE CELLULJ~R PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULJ~R PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLU-hAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULJ%R PHONE SERVICE CELLU-~ PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE CELLULAR PHONE SERVICE MAINTENANCE 1/00 MAINTENANCE 12/99 DEFERRED COMPENSATION BUSINESS CARDS BUSINESS CARDS BUSINESS CARDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13568.8 444.1 2430.0 539.4 27.9 85.8 33.2~ 55.3' 24.2, 27.9' 223.6' 27.9' 26.91 55.3' 20.2! 405.2( 43.1: ~5.8( ,5.3~ 80.5; 49.5' 30.9i 70.4! 33.5~ 6.1~ 55.4~ 79.4: 59.3: 70.6: 27.9' 63.3c. 202.3: 29.4C 2037.3~ 250.8( 250.8( 501.6( 7209.24 53.0C 26.5~ 53.0C 132.5( RUN DATE 02/03/00 TIME 12:34:18 - FINANCIAL ACCOUNTING 02/03/00 CITY OF CUPERTINO PAGE ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND --~ELECTION C~ITERIA: transact.trans_da~e between "01/31/2000" and "02/04/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 574976 02/04/00 879 KEYSER MARSTON ASSOCIATE 2507304 1020 574977 02/04/00 392 LEAGUE OF CALIFORNIA CIT 1101000 1020 574978 02/04/00 1599 MANAGED HEALTH NETWORK I 1104520 1020 574980 02/04/00 1292 MCI WORLDCOM 1104300 1020 574980 02/04/00 1292 MCI WORLDCOM 1108501 1020 574980 02/04/00 1292 MCI WORLDCOM 1101000 1020 574980 02/04/00 1292 MCI WORLDCOM 1101500 1020 574980 02/04/00 1292 MCI WORLDCOM 1103300 1020 574980 02/04/00 1292 MCI WORLDCOM 1107501 1020 574980 02/04/00 1292 MCI WORLDCOM 1104400 1020 574980 02/04/00 1292 MCI WORLDCOM 1104530 1020 574980 02/04/00 1292 MCI WORLDCOM 6104800 · 1020 574980 02/04/00 1292 MCI WORLDCOM 1106100 1020 574980 02/04/00 1292 MCI WORLDCOM 1108501 1020 574980 02/04/00 1292 MCI WORLDCOM 1101200 1020 574980 02/04/00 1292 MCI WORLDCOM 1104000 1020 574980 02/04/00 1292 MCI WORLDCOM 1104100 1020 574980 02/04/00 1292 MCI WORLDCOM 1106265 1020 574980 02/04/00 1292 MCI WOR/~DCOM 1103500 ~ ~'020 574980 02/04/00 1292 MCI WORLDCOM 1108503 ~20 574980 02/04/00 1292 MCI WORLDCOM 5706450 1020 574980 02/04/00 1292 MCI WORLDCOM 1106500 1020 574980 02/04/00 1292 MCI WORLDCOM 5606620 1020 574980 02/04/00 1292 MCI WORLDCOM 1108001 1020 574980 02/04/00 1292 MCI WORLDCOM 1104510 1020 574980 02/04/00 1292 MCI WORLDCOM 1107301 TOTAL CHECK 1020 574981 02/04/00 1137 EILEEN MURRAY 1101500 1020 574982 02/04/00 M NATOA 1103300 1020 574983 02/04/00 494 OFFICE DEPOT CREDIT PLAN 1101500 1020 574984 02/04/00 501 OPERATING ENGINEERS #3 110 1020 574985 02/04/00 505 ORLANDI TRAILER 6308540 1020 574986 02/04/00 1739 JASON OVER~E 1103300 1020 574987 02/04/00 833 P E R S 110 1020 574987 02/04/00 833 P E R S 110 1020 574987 02/04/00 833 P E R S 110 1020 574987 02/04/00 833 P E R S 110 1020 574987 02/04/00 833 P E R S 110 1020 574987 02/04/00 833 P E R S 110 TOTAL CHECK RUN DATE 02/03/00 TIME 12:34:19 ..... DESCRIPTION PROF SVCS 11/99 ~Nq~VjAJ~ DUES 2000 140 SUBSCRIBERS 2/00 TELE SVC 12/99 TELEPHONE SVC TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 TELE SVC 12/99 REIMBURSEMENT MEMBERSHIP/D KREY SUPPLIES RETIREMENT SUPPLIES SERVICE 2/4/2000 RETIRE~ RETIREMENT RETIREMENT RETIREMENT RETIREMENT RETIREMENT SALES TAX 0.00 o.o0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 / FINANCIAL ACCOUNTING AMOU~ 15027.7 7105.0 725.2 3.3 17.1- 0.0~ 4.5, 2,0, 10.9~ 1.21 13.71 9.9~ 0.5[ 34.9' 3.7~ 7.8.~ 13.7~ 56.0~ 2.2£ 11.7~ 4.4~ 12.7( 1.8.~ 11.34 15.11 21.31 260.7~ 38.1( 410.0f 58.97 361.63 277.1~ 60.0C 21173.58 305.65 67.68 58.26 394.68 2863.25 24863.1~ 02/03/00 CITY OF CUPERTINO PAGE 5 ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "01/31/2000" and "02/04/2000" FUND - 110 - GENERILL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUr, 1020 574988 02/04/00 511 PACIFIC BELL 1108501 TELEPHONE SERVICE 0.00 1020 574989 02/04/00 516 PAGING NETWORK OF S J 1104510 1020 574989 02/04/00 516 PAGING NETWORK OF S J 1108501 1020 574989 02/04/00 516 PAGING NETWORK OF S J 6104800 1020 574989 02/04/00 516 PAGING NETWORK OF S J 1108501 1020 574989 02/04/00 516 PAGING NETWORK OF S J 1106265 1020 574989 02/04/00 516 PAGING NETWORK OF S J 1108501 1020 574989 02/04/00 516 PAGING NETWORK OF S J 1108601 1020 574989 02/04/00 516 PAGING NETWORK OF S J 5706450 1020 574989 02/04/00 516 PAGING NETWORK OF S J 1108602 1020 574989 02/04/00 516 PAGING NETWORK OF S J 1108102 1020 574989 02/04/00 516 PAGING NETWORK OF S J 1108501 1020 574989 02/04/00 516 PAGING NETWORK OF S J 1108201 TOTAL CHECK PAGER SERVICE 0.00 39.9 PAGER SERVICE 0.00 6.¢ PAGER SERVICE 0.00 13.7 PAGER SERVICE 0.00 6.1 PAGER SERVICE 0.00 11.6 PAGER SERVICE 0.00 19.5 PAGER SERVICE 0.00 20.9 PAGER SERVICE 0.00 17.6 PAGER SERVICE 0.00 113.4 PAGER SERVICE 0.00 65.5 PAGER SERVICE 0.00 6.0 PAGER SERVICE 0.00 14.3 0.00 335.2 1020 574990 02/04/00 520 PAPERDIRECT INC 1103300 SUPPLIES 0.00 92.7 1020 574991 02/04/00 533 PERS LONG TERM CARE PROG 110 LONG TERM CARE 0.00 359.0 1020 574992 02/04/00 1456 PITNEY BOWES INC 1108201 MAINTENECE 0.00 135.1 1020 574993 02/04/00 1736 MARK QUIMSON 1103300 ARTWORK/COLORING BOOK 0.00 ~0.0 1020 574994 02/04/00 988 BOB RIZZO 1108201 REIMBURSEMENT 0.00 1020 574995 02/04/00 626 SANTA CLARA CO DEPT OF R 1102100 CITATIONS 12/99 0.00 1970.0 1020 574996 02/04/00 M SItNTA CLARA COUNTY - PAR 1104001 PARKING FEE 0.00 25.0 1020 574997 02/04/00 1636 SANTA CIJ%RA COUNTY SHERI 1104530 FINGERPRINT COSTS 11/9 0.00 12.0 1020 574998 02/04/00 1049 SAVIN CORPORATION 1104310 COPY PLAN 1/31-4/30/00 0.00 3446.6 1020 574999 02/04/00 652 SIERRA SPRING WATER COMP 1101500 WATER 12/15/99-1/12/00 0.00 13.0 1020 575000 02/04/00 891 JOAN SPITSEN 5506549 REIMBURSEMENT 0.00 172.1 1020 575001 02/04/00 671 STANDA~.D BUSINESS MACHIN 1101500 REPAIR IBM SELECTRIC 0.00 112.0 1020 575002 02/04/00 677 STATE STREET BANK & TRUS 110 DEFERRED COMPENSATION 0,00 891.7 1020 575003 02/04/00 M 1020 575003 02/04/00 M 1020 575003 02/04/00 M 1020 575003 02/04/00 M 1020 575003 02/04/00 M 1020 575003 02/04/00 M TOTAL CHECK T SQUARE CONSTRUCTION 110 T SQUARE CONSTRUCTION 1100000 T SQUARE CONSTRUCTION 1100000 T SQUARE CONSTRUCTION 1100000 T SQUARE CONSTRUCTION 110 T SQUARE CONSTRUCTION 1100000 REFUND/CXLD JOB 0.00 22.2 REFUND/CXLD JOB 0.00 244.2 REFUND/CXLD JOB 0.00 632.0 REFUND/CXLD JOB 0.00 620.0 REFUND/CXLD JOB 0.00 14.7 REFUND/CXLD JOB 0.00 276.1 0.00 1809.2 1020 575004 02/04/00 1154 UNITED WAY OF SANTA CLAR 110 EMPLOYEE DEDUCTIONS 0.00 RUN DATE 02/03/00 TIME 12:34:19 - FINANCIAL ACCOUNTING 02/03/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "01/31/2000" and "02/04/2000" FUND - 110 - GENEP~%L FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ...... DESCRIPTION SALES TAX PAGE 6 AMOUN~ 1020 575005 02/04/00 1737 US POSTAL SERVICE 1103400 1020 575006 02/04/00 302 WASHINGTON MUTUA~ 110 1020 575007 02/04/00 1608 1020 575007 02/04/00 1608 1020 575007 02/04/00 1608 1020 575007 02/04/00 1608 1020 575007 02/04/00 1608 1020 57500'7 02/04/00 1608 1020 575007 02/04/00 1608 1020 575007 02/04/00 1608 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT ZACK ELECTRONICS INC 1103501 ZACK ELECTRONICS INC 1103501 ZACK ELECTRONICS INC 1103501 ZACK ELECTRONICS INC 1103501 ZACK ELECTRONICS INC 1103501 SACK ELECTRONICS INC 1103501 ZACK ELECTRONICS INC 1103501 SACK ELECTRONICS INC 1103501 PERMIT RENEWAL DEFERRED COMPENSATION SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES 0.00 0.00 15.26 232.03 53.09 12.38 53.63 18.77 11.55 4.95 401.66 401.66 401.66 401.66 100.0~ 17859.24 212.47 3113.81 706.07 170.71 703.63 254.87 163.95 73.08 5398.59 184438.07 184438.07 184438.07 RUN DATE 02/03/00 TIME 12:34:19 - FINANCIAL ACCOUNTING RESOLUTION NO. 00-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING FEBRUARY 11, 2000 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; m~d WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: ' Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 22nd day of February ,2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino o2/ii/oo , ACCOUNTING PERIOD: 8/00 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/07/2000" and "02/11/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 575008 02/08/00 1550 ADONIS L NECESITO 1103501 1020 575009 02/08/00 1740 STARBUCK'S 1107405 1020 575009 02/08/00 1740 STARBUCK'S 1107405 TOTAL CHECK 1020 575010 02/09/00 1741 PC CONNECTION INC 6104800 1020 575011 02/09/00 749 VISA 6104800 1020 575012 02/11/00 1744 AARON'S SEPTIC TANK SERV 4209110 1020 575013 02/11/00 M 1020 575013 02/11/00 M TOTAL CHECK ABUNDANT LIFE CHURCH 110 ABUNDANT LIFE CHURCH 110 1020 575014 02/11/00 858 ACI REAL PROPERTIES INC 1100000 1020 575015 02/11/00 13 1020 575015 02/11/00 13 1020 575015 02/11/00 13 TOTAL CHECK ACME & SONS SANITATION C 5606640 ACME & SONS SANITATION C 1108503 ACME & SONS SANITATION C 1108321 1020 575016 02/11/00 M ADSERO, RENE 110 1020 575017 02/11/00 M ADZICH, ROB 580 1020 575018 02/11/00 36 1020 575019 02/11/00 1251 1020 575020 02/11/00 888 1020 575020 02/11/00 888 TOTAL CHECK ALLEN'S PRESS CLIPPING 1103300 ALLIANCE TITLE 4209430 ALOHA POOL MAINTENANCE I 5708510 ALOHA POOL MAINTENANCE I 5708510 1020 575021 02/11/00 44 i020 575021 02/11/00 44 1020 575021 02/11/00 44 1020 57~021 02/11/00 44 1020 575021 02/ii/00 44 1020 575021 02/11/00 44 TOTAL CHECK ..... DESCRIPTION ...... PROFESSIONAL SERVICES COFFEE/CDBG MTG COFFEE/BMR MTG 1020 575022 02/11/00 57 SUPPLIES BACKUP EXEC PUMP SEPTIC TANK REFUND DEPOSIT R4872 REFUND DEPOSIT R4876 1020 575023 02/11/00 864 1020 575023 02/11/00 864 TOTAL CHECK 1020 575024 02/11/00 67 1020 575024 02/11/00 67 OCT-DEC 1999 RUN DATE 02/11/00 TIME 08:14:42 PAGE i PORTABLE TOILETS 1/00 TOILET RENTAL 1/00 TOILET RENTAL 1/00 REFUND DEPOSIT R 4142 RECREATION REFUND PRESS CLIPPINGS 1/00 TITLE REPORT FEES TIME & MATERIAL MAINTENANCE 1/00 AMERICAN RED CROSS 1104400 SUPPLIES AMERICAN RED CROSS 1104400 SUPPLIES AMERICAN RED CROSS 1104400 SUPPLIES AMERICAN RED CROSS 1104400 SUPPLIES AMERICAN RED CROSS 1104400 SUPPLIES AMERICAN RED CROSS 1104400 SUPPLIES ARAMARK 1104510 CAROL ATWOOD 1104000 CAROL ATWOOD 1101000 AUTOMATIC RAIN COMPANY 1108312 AUTOMATIC RAIN COMPANY 1108312 EMPLOYEE COFFEE REIMBURSEMENT REIMBURSEMENT SUPPLIES SUPPLIES SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.83 0.00 0.00 0.83 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.76 7.05 - FINANCIAL ACCOUNTING AMOU~ 225.C 14.4 144.0 158.4 709.2 3030.3 250.0, 100.0( 200.0[ 300.0( 261228.45 168.82 156.36 154.13 479.32 44.00 36.00 2500.00 259.54 376.29 635.83 50.00 75.00 60.00 115.00 278.00 210.00 788.00 352.82 19.00 79.00 98.00 a6.13 .29 02/11/00 - CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DIsBURsEMENT FUND ---~LECTION CRITERIA: =ransacu.=rans_date between -02/07/2000" and "02/11/2OOO" FUND - 110 - GENEPJ%L FUND CASH ACCT CHECK NO 1020 575024 1020 575024 1020 575024 TOTAL CHECK 1020 575025 1020 575026 1020 575027 1020 575028 1020 575029 1020 575030 ISSUE DT .............. VENDOR ............. FUND/DEFT o2/11/oo 67 02/11/00 67 02/11/00 67 02/11/00 1557 02/11/00 78 02/11/00 M 02/11/00 1745 02/11/00 M 02/11/00 M AUTOMATIC RAIN COMPANY 1108407 AUTOMATIC RAIN COMPANY 1108303 AUTOMATIC RAIN COMPANY 1108407 DAVID BAR1TES 5806249 JO ANN BARNEY 5806249 BARRETT, LINDA 580 BAYSIDE EQUIPMENT COMPAN 1108501 BEHRINGER, MAYETTA 5500000 BELLEVILLE, LINDA 580 ..... DESCRIPTION ...... SUPPLIES SUPPLIES SUPPLIES CATERING STAFF 2/4/00 RECREATION PROGRAM RECREATION REFUND PARTS & MATERIAL REFUND/SFO AIRPORT RECREATION REFUND SALES TAX 55.02 3.96 5.34 74.13 0.00 0.00 0.00 0.00 0.00 0.00 722.0' 51.8 69.7' 972.1.~ 84 115.0~ 11.0~ 768.6'. 68.0< ll.0l 1020 575031 02/11/00 1057 BENEFITAMERICA 110 REPLENISH FSA 99 PMT13 0.00 306.46 1020 575032 02/11/00 M BENTON, JERRY 580 RECREATION REFUND 0.00 11.0[ 1020 575033 20 575034 02/11/00 M BIANCHI, JENNY 5500000 02/11/00 96 BLACK MT SPRING WATER 5606620 REFUND/DUCK DAYS SUPPLIES 0.00 0.00 235.0( 33.1C 1020 575035 1020 575036 02/11/00 1712 BOETHING TREELAND FARM~ 5606640 02/11/00 M BULLOCK, RON 1106647 SUPPLIES REISSUE P/R CK 9/3/99 169.10 0.00 2218.8C 47.3( 1020 575037 02/11/00 1622 DONNA BURGER 5806249 CATERING STAFF 2/4/00 0.00 78.0( 1020 575038 02/11/00 121 C.E.O. SERVICES INC 2204011 YOUTH L C PROGRAM 0.00 750.0[ 1020 575039 1020 575039 TOTAL CHECK 02/11/00 130 02/11/00 130 CALIFORNIA PARK ~ RECR 1108201 C3%LIFORNIA PARK AND RECR 5606600 MEMBERSHIP/R RIZZO MEMBERSHIP/M O'DOWD 0.00 0.00 0.00 120.0( 120.0( 240.0( 1020 575040 1020 575040 TOTAL CHECK 02/11/00 M CAMPBELL, SHIRLEY 5500000 02/11/00 M CAMPBELL, SHIRLEY 5500000 REFUND/ AT & T REFUND/BOB PETERS 0.00 0.00 0.00 41.0( 41.0[ 1020 575041 02/11/00 143 CASEY PRINTING INC 1103400 CUPERTINO SCENE 2/00 0.00 2966.0¢ 1020 575042 1020 575042 1020 575042 1020 575042 1020 575042 1020 575042 1020 575042 20 575042 02/11/00 149 CASH 1108601 02/11/00 149 CASH 1104000 02/11/00 149 CASH 1103501 02/11/00 149 CASH 1107501 02/11/00 149 CASH 1104001 02/11/00 149 CASH 1101075 02/11/00 149 CASH 2204011 02/11/00 149 CASH 1101070 PETTY CASH REIMEURSEME PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME · PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.2[ 63.92 12.96 40.0{ 5.62 22.9,~ 25.0C 56.11 RUN DATE 02/11/00 TIME 08:14:43 - FINANCIAL ACCOUNTING 02/11/00. CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_dace between "02/07/2000" and "02/11/2000" FUND - 110 - GENER~ FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 575042 02/11/00 149 CASH 1104100 1020 575042 02/11/00 149 CASH 1104400 1020 575042 02/11/00 149 CASH 1107200 1020 575042 02/11/00 149 C3%SH 1107301 1020 575042 02/11/00 149 C3%SH 1107301 TOTAL CHECK 1020 575043 02/11/00 150 1020 575043 02/11/00 150 1020 575043 02/11/00 150 TOTAL CHECK 1020 575044 02/11/00 M 1020 575045 02/11/00 M 1020 575046 02/11/00 M 1020 575047 02/11/00 M 1020 575048 02/11/00 721 1020 575049 02/11/00 M 1020 575049 02/11/00 M TOTAL CHECK 1020 575050 02/11/U0 170 1020 575051 02/11/00 178 1020 575052 02/11/00 1133 1020 575053 02/11/00 M 1020 575054 02/11/00 191 1020 575055 02/11/00 191 1020 57~056 02/11/00 985 1020 575057 02/11/00 1306 1020 575057 02/11/00 1306 TOTAL CHECK 1020 575058 02/11/00 194 1020 575058 02/11/00 194 1020 575058 02/11/00 194 1020 575058 02/11/00 194 TOTAL CHECK 1020 575059 CCS PLANNING & ENGINEERI 4209525 CCS PLANNING & ENGINEERI 2709436 CCS PLI~ING & ENGIi~ERI 4209530 CEMBALLI, GUNSHEKAR 580 CI~G, THOMAS 5700000 CHEN, SHOW-MAY 580 CHESSEN, DEBI 5800000 CHIROPRACTIC SPORTS CENT 5806449 C~ANG, NORA 1100000 CHUANG, NORA 110 GEORGE MACFARLAN~ CLOWAR 5806249 COLONIAL LIFE & ACCIDENT 110 CHARLES CORR 1101070 CROSBY, RAMONA 5500000 CUPERTINO CHA~ER OF COM 1104000 CUPERTINO CHAMBER OF COM 1106500 CUPERTINO FLORIST INC 1101000 CUPERTINO SANITARY DISTR 5606660 CUPERTINO SANITARY DISTR 5606620 CUPERTINO SUPPLY INC '1108312 CUPERTINO SUPPLY INC 1108321 CUPERTINO SUPPLY INC 1108407 CUPERTINO SUPPLY INC 1108312 02/11/00 198 CUPERTINO UNION SCHL DIS 5806449 RUN DATE 02/11/00 TIME 08:14:43 PAGE 3 ..... DESCRIPTION ...... SALES PETTY CASH REIMBURSEME 0.00 PETTY CASH REIMBURSEME 0.00 PETTY CASH REIMBURSEME 0.00 PETTY CASH REIMEURSEME 0.00 PETTY CASH REIMEURSEME 0.00 0.00 AMOU 37. 14. 37. 12. 36. 366.~ ARTERIA~L MGFff 0.00 626.~ PROF SVCS THRU 12/31 0.00 3986.5 PROF SVCS THRU 12/31 0.00 5024.~ 0.00 9637.4 REFUND DEPOSIT 1/16/00 0.00 REFUND/CORPORATE DISC 0.00 100.C 50.0 RECREATION REFUND 0.00 33.0 RECREATION REFUND 0.00 7.7 RECREATION PROGRAM 0.00 50.0 RECREATION REFUND 0 . 00 ~0.0 REFUND DEPOSIT R 5844 0.00 ;0.0 O. O0 140.0 RECREATION PROGP. AM 0.00 PREMIUM 10003209012200 0.00 437.4 66.7 PERDIEM 0.00 102.0, REFUI~/DUCK DAYS 0.00 275.01 C ATWOOD 0.00 25.0i LUNCHEON 0.00 25.0( FLOWERS/D ESPINOSA 0.00 51.4: SEWER SERVICE 0.00 SEWER SERVICE 0.00 0.00 2870.0~ 3182.1( 6052.1( - FINANCIAL ACCOUNTING FACILITY USE FEES 0.00 PARTS & SUPPLIES 0.00 79.2% PARTS & SUPPLIES 0.00 8.12 SUPPLIES 5.31 69.7~ PARTS & SUPPLIES 0.00 954.41 5.31 1111.5i 02/11/00 . CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND ~eELECTION CRITERIA: transact.trans_date between "02/07/2000" and "02/11/2000~ FUND - 110 - GENERAL FUN~ CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX PAGE 4 1.020 575060 02/11/00 M D'SA, VRINDA 580 1020 575061 02/11/00 1034 DAILY JOURNAL CORPORATIO 1101500 1020 575062 02/11/00 205 DAVID WELLHOUSE & A~SOC 1104000 1020 575063 02/11/00 209 1020 575063 02/11/00 209 1020 575063 02/11/00 209 1020 575063 02/11/00 209 1020 575063 02/11/00 209 1020 575063 02/L1/00 209 1020 575063 02/11/00 209 1020 575063 02/11/00 209 1020 575063 02/11/00 209 1020 575063 02/11/00 209 1020 575063 02/11/00 209 1020 575063 02/11/00 209 TOTAL CHECK 1020 575064 20 575065 1020 575066 1020 575067 1020 575067 1020 575067 TOTAL CHECK 1020 575068 1020 575069 1020 575070 1020 575071 1020 575072 1020 575073 1020 575074 1020 575075 1020 575076 02/11/00 210 02/11/00 M 02/11/00 211 02/11/00 1313 02/11/00 1313 02/11/00 1313 o2/ii/oo M 02/11/00 M 02/11/00 M 02/11/00 M 02/11/00 M 02/11/00 M 02/11/00 M o2?ii/oo 223 o2/il/oo M o2/li/oo ii35 '--'"20 575077 RUN DATE 02/11/00 TIME 08:14:44 DE /tNZA SERVICES INC 1108509 DE ANZA SERVICES INC 1108501 DE ANZA SERVICES INC 5606640 DE ANZA SERVICES INC 1108503 DE ANZASERVICES INC 1108504 DE ANZA SERVICES INC 1108502 DE ANZA SERVICES INC 1108501 DE ANZA SERVICES INC 1108509 DE ANZA SERVICES INC 5708510 DE ARZASERVICES INC 1108507 DE ANZA SERVICES INC 1108506 DE I~NZA SERVICES INC 1108511 DEEP CLIFF ASSOCIATES L 5806449 DELLEPINE, FRANCOIS 580 DELTA DENTAL PLAN OF CA 110 DELTA SAFETY SUPPLY CO 6308540 DELTA SAFETY SUPPLY CO 6308540 DELTA SAFETY SUPPLY CO 6308540 DEMEDEIROS, SUSAN 580 DF~DEIROS, SUSAN 580 DENMAN, DONN 5700000 DHARMATA MEDITATION CENT 580 DICKENSON, PATRICIA 5500000 DIEHL, JANET 5800000 DIRECTOR, PEARL 5500000 DON & MIKE'S SWEEPING IN 2308004 DOWDNEY, WILLIAM SE0 DAVID DOYLE 1101070 RECREATION REFUND SUBSCRIPTION PROF SVCS JANITORIAL SVC/INCREAS JANITORIAL SVC JANITORIAL SVC JANITORIAL SVC JANITORIAL SVC JANITORIAL SVC JANITORI;tL SVC JANITORIAL SVC JANITORIAL SVC JANITORIAL SVC JANITORIAL SVC JANITORI~L SVC ' INCREAS ' INCREAS ' INCREAS ' I NCREAS ~ I NCREAS ~ INCREAS ? INCREAS ? INCREAS ? INCREAS ! INCREAS / INCRE~.S RECREATION PROGRAM REFUND DEPOSIT R 4411 DENTAL INS 17660014 SUPPLIES SUPPLIES SUPPLIES RECREATION REFUND RECREATION REFUND REFUND/CORPORATE DISC RECREATION REFUND REFUND/LAS VEGAS RECREATION REFUND REFUND/SFO STREET SWEEPING 1/00 RECREATION REFUND PERDIEM 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.94 3.48 2.89 8.31 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING 58.0 97.2 3500.0, 29.1~ 98.0. 36.8~ 82.01 242.93 171.9- 19.6-: 27.9E 103.1_~ 63.01 14. it 33.41 922.2~ 3728.0( 100.0C 12252.04 29.0~ 49.45 41.8C 120.3' 280.5C 148 ] 5c 50.0C 100.0C 40.0[ 61.75 116.0C 11210.8C 51.0C 34.0C 02/11/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUNqD SELECTION CRITERIA: transact.~rans_date between "02/07/2000" and "02/11/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 575078 02/11/00 855 1020 575079 02/11/00 M 1020 575080 02/11/00 239 1020 575080 02/11/00 239 TOTAL CHECK 1020 575081 02/11/00 240 1020 575082 02/11/00 M 1020 575083 02/11/00 249 1020 575084 02/11/00 M 1020 575085 02/11/00 M 1020 575086 02/11/00 260 1020 575087 02/11/00 M 1020 575088 02/11/00 267 1020 575089 02/11/00 M 1020 575090 02/11/00 273 1020 575091 02/11/00 M 1020 575092 02/11/00 M 1020 575093 02/11/00 M 1020 575094 02/11/00 M 1020 573095 02/11/00 M 1020 575096 02/11/00 M 1020 575097 02/11/00 M 1020 575098 02/11/00 296 1020 575099 02/11/00 298 1020 575099 02/11/00 298 1020 575099 02/11/00 298 1020 575099 02/11/00 298 1020 575099 02/11/00 298 1020 575099 02/11/00 298 DULIN ADVERTISING INC EGGEN, PAMELA ELECTRICAL DISTRIBUTORS ELECTRICAL DISTRIBUTORS 1104510 5500000 1108530 1108530 ELIZABETH ANN ELLIS 1101070 EL~FAIE, ALY 580 ESBRO CHEMICAL 5606620 FARRAN, FRANK 5500000 FARRAN, JEAN 5500000 FEDERAL EXPRESS CORP 1107301 FOLADARE, LANA 580 MICHAEL J FORNALSKI 1107301 FORUM RENEWAL 1108407 FREMONT UNION H.S. DIST. 5806449 FRIEDLANDER, RAM 580 FROST, HELEN 5500000 G~RIEL, EDGAR 580 GABRIEL, KROSTOPHER 580 GIDWANI, BHARATI 580 GONZALES, ANGELINA 580 GORDON-PRILL INC 1100000 KAREN GOTTLEIB 5806449 GRAINGER INC 5708510 GRAINGER INC 1108506 GRAINGER INC 5708510 GRAINGER INC 1108S03 GRAINGER INC 1108504 GRAINGER INC 1108503 RUN DATE 02/11/00 TIME 08:14:45 PAGE 5 ..... DESCRIPTION ...... SALES TAX AMOUN DISPLAY AD 0.00 773.9 REFUND/DUCK DAYS 0.00 235.0 SUPPLIES 18.30 240.1 SUPPLIES 40.68 533.6 58.98 773.7 TPJtNSCRIPTION 0.00 425.0~ RECREATION REFUND 0.00 70,0{ SUPPLIES 0.00 123.0( REFUND/DUCK DAYS 0.00 235.0, REFUND/DUCK DAYS 0.00 235.0, PRIORITY OVERNIGHT 0.00 38.7~ RECREATION REFUND 0.00 180.0~ PROF SVCS 0.00 4.35 2000 FORUM RENEWAL 0.00 5.0( FACILITY USE FEES 0.00 31.1~ RECREATION REFUND 0.00 27.01 REFUND/DUCK DAYS 0.00 275.0, RECREATION REFU~q) 0.00 82.0~ RECREATION REFUND 0.00 41.0~ REFUND DEPOSIT 0.00 100.0( RECREATION REFUND 0.00 10.0~ REFUND BUSINESS LICENS 0.00 90.0~ RECREATION PROGRAM 0.00 672.0 SUPPLIES 1.01 13.2' SUPPLIES 7.27 95.4' SUPPLIES 2.92 38.3~ SUPPLIES 16.82 220.6~ SUPPLIES 15.24 200.0{ SUPPLIES 2.00 6.2' ~ FINANCIAL ACCOUNTING 02/11/00 ' CITY OF CUPERTINO PAGE 6 ACCOUNTING PERIOD: 8/00 CRECK REGISTER - DISBURSEMENT FUND ~5ELECTION CRITERIA: Cransact.trans_dace between "02/07/2000" and "02/11/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUN~ 1020 575099 02/11/00 298 GRAINGER INC 1108503 1020 575099 02/11/00 298 GRAINGER INC 1108503 1020 575099 02/11/00 298 GRAINGER INC 1108530 TOTAL CHECK SUPPLIES 2.31 30.3[ SUPPLIES 9.68 127.1i SUPPLIES 1.15 15.11 58.40 766.5~ 1020 575100 02/11/00 M GROZA, JANET 5800000 1020 575100 02/11/00 M GROZA, JANET 5800000 TOTAL CHECK RECREATION REFUND 0.00 7.75 RECREATION REFUND 0.00 7.75 0.00 15.5C 1020 575101 02/11/00 853 JERRY HAAG 1107302 PROP SVCS T}{RU 12/31/9 0.00 360.00 1020 575102 02/11/00 M HAN, JOUNG 5800000 RECREATION REFUND 0.00 7.75 1020 575103 02/11/00 320 KATHI HARKNESS 5806449 RECREATION PROGRAM 0.00 576.00 1020 575104 02/11/00 M }{ARPER, JO 5500000 1020 575104 02/11/00 M HARPER, JO 5500000 TOTAL CHECK REFUND/SWEET MEMORIES 0.00 29.00 REFUND/AT & T 0.00 41.00 0.00 70.00 1020 575105 02/11/00 1136 ANDREA ~%RRIS 1101070 PER DIEM 0.00 102.00 1020 575106 02/11/00 M HARROP, ANNA MARIE 5506549 ~0 575107 02/11/00 1747 ROBERT HOOK 1104510 REIMBURSEMENT 0.00 39.00 REIMBURSEMENT 0.00 50.00 1020 575108 02/11/00 M HOWELL, JENNIFER 1100000 RECREATION REFUND 0.00 50.00 1020 575109 02/11/00 M HUBER, WALTER JR 580 RECREATION REFUND 0.00 30.00 1020 575110 02/11/00 M HUNG, MINGHUEI 580 RECREATION REFUND 0.00 47.00 1020 575111 02/11/00 M IECHIKA, MADOKA 1020 575111 02/11/00 M IECHIF~A, MADOKA TOTAL CHECK 5800000 5800000 RECREATION REFUND 0.00 7.75 RECREATION REFUND 0.00 7.75 0.00 15.50 1020 575112 02/11/00 M INAGAKI, HIROSHI 1020 575112 02/11/00 M INAGAKI, HIROSHI TOTAL CHECK 5800000 5800000 RECREATION REFUND 0.00 7.75 RECREATION REFUND 0.00 7.75 0.00 15.50 1020 575113 02/11/00 1610 1020 575113 02/11/00 1610 TOTAL CHECK INDUSTRIAL CONTROL COMPO 1108602 INDUSTRIAL CONTROL COMPO 1108602 SUPPLIES 31.57 417.26 SUPPLIES 38.66 510.35 70.23 927,61 1020 575114 02/1i/00 995 INSERV COMPANY 1020 575114 02/11/00 995 INSERV COMPANY 1020 575114 02/11/00 995 INSERV COMPANY TOTAL CHECK 1108502 1108501 1108504 WATER TREATMENT 2/00 WATER TREATMENT 2/00 WATER TREATMENT 2/00 0.00 0.00 0.00 0.00 159.49 159.49 159.49 478.47 1020 575115 02/11/00 349 1020 575115 02/11/00 349 ~"0 575115 02/11/00 349 INTERIM PERSONNEL 1104300 INTERIM PERSONNEL 1107301 INTERIM PERSONNEL 1104510 TEMP RECEPTIONIST PLANNING TEMP PLANNING TEMP 0.00 0.00 0.00 144.00 144.00 360.00 RUN DATE 02/11/00 TIME 08:14:46 - FINANCIAL ACCOUNTING 02/11/00. CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/07/2000" and "02/11/2000" FUND - 110 - GENER~ FUND CASH ACCT CHECK NO 1020 575115 1020 575115 TOTAL CHECK 1020 575116 1020 575117 1020 575118 1020 575119 1020 575120 1020 575121 1020 575122 1020 575123 1020 575124 1020 575125 1020 575126 1020 575127 1020 575128 1020 575129 1020 575130 1020 575131 1020 575132 1020 575133 1020 575134 1020 575135 1020 575136 1020 575137 1020 575138 1020 575139 ISSUE DT .............. VENDOR ............. FUND/DEPT 02/11/00 349 INTERIM PERSONNEL 1104300 02/11/00 349 INTERIM PERSONNEL 1107301 02/11/00 353 IRON MOUNTAIN 1104300 02/11/00 M IRVIN, DOROTHY 5500000 02/11/00 M IRVIN, EDWARD 580 02/11/00 M ISHII, JANICE 5800000 02/11/00 M IWAHASHI, NOBUE 5800000 02/11/00 354 J CRAWFORD & ASSOCIATES 1101200 02/11/00 1524 JEFFREY JADRICK 5806249 02/11/00 1412 JOBS AVAILABLE INC 1104510 02/11/00 M JOHNSON, CHARLENE 580 02/11/00 879 KEYSER MARSTON ASSOCIATE 2507304 02/11/00 M KIM, CHUNG 5800000 02/11/00 M KIM, SEON-YUN 580 02/11/00 376 KNORR SYSTEMS INC 5606620 02/11/00 M KUMARR, SUSHMA 580 02/11/00 1237 PATRICK ](WOK 1101070 02/11/00 M LCC PENINSUL~DIVISION 1101000 02/11/00 392 LEAGUE OF CALIFORNIA CIT 1107301 02/11/00 M LEE, HUA 580 02/11/00 400 LIFETIME TENNIS INC 5706450 02/11/00 1658 LITTLER MENDELSON P C 1104511 02/11/00 M LOCAL S ASSOC BAHA'IS OF 110 02/11/00 415 KEN MACKAY 5806449 02/11/00 M MARION, PATRICK 580 02/11/00 1356 MATTHEW BENDER & COMPANY 1101500 RUN DATE 02/11/00 TIME 08:14:47 PAGE 7 ..... DESCRIPTION ...... SALES TAX AMOUN/~ TEMP RECEPTIONIST 0.00 144.0C PLANNING TEMP 0.00 360.0~ 0.00 1152.0 RECORD STORAGE 0.00 146.97 REFUND/SFO 0.00 58.00 RECREATION REFUND 0.00 20.00 RECREATION REFUND 0.00 7.75 RECREATION REFUND 0.00 7.75 AM/FM RADIO/SCREEN FEE 38.36 518.04 CATERING STAFF 2/4/00 0.00 249.75 PRODUCER AD 0.00 101.20 RECREATION REFUND 0.00 31.00 PROF SVCS 12/99 0.00 ~.55 RECREATION REFUND 0.00 7.75 RECREATION REFUND 0.00 95.00 POOL SUPPLIES 0.00 123.70 RECREATION REFUND 0.00 34.00 PERDIEM 0.00 102.00 ANNUAL DUES 0.00 72.00 REGISTRATION/CJUNG 0.00 290.00 RECREATION REFUND 0.00 11.00 TENNIS INSTRUCTION 0.00 9538.00 PROV SVCS/S NEMETZ 0.00 1186.17 REFUND DEPOSIT R 1507 0.00 100.00 RECREATION PROGRAM 0.00 301.60 REFUND DEPOSIT R 4401 0.00 100.00 RENEWAL 4/00-3/01 0.00 ;.07 FINANCIAL ACCOUNTING 02/11/00' CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 C~ECK REGISTER - DISBURSEMENT FUND ~SELECTION CRITERIA: transac~.trans_date between "02/07/2000" and "02/11/2000" FUND - 110 - GENERAL FUND CASH ACCT C~ECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX PAGE AMOU~ 1020 575140 02/11/00 1500 DEBRA MCGANN 5806249 1020 575141 02/11/00 M MCGEE, CANDICE 580 1020 575142 02/11/00 M MEHROTRA, SHAR~ 580 1020 575143 02/11/00 M MEINSHAUSEN, ANE 580 1020 575144 02/11/00 900 MESITI-MILLER ENGINEERIN 1108501 1020 575145 02/11/00 M METHERELL, PATRICIA 5500000 1020 575146 02/11/00 437 METRO NEWSPAPERS 1104300 1020 575146 02/11/00 437 METRO NEWSPAPERS 1104300 1020 575146 02/11/00 437 METRO NEWSPAPERS 1104300 1020 575146 02/11/00 437 METRO NEWSPAPERS 1104300 1020 575146 02/11/00 437 METRO NEWSPAPERS 1104300 1020 575146 02/11/00 437 METRO NEWSPAPERS 1101070 1020 575146 02/11/00 437 METRO NEWSPAPERS 1104300 TOTAL C]4ECK ~_1020 575147 02/11/00 M MILLER, FRANCOISE 5500000 .~20 575148 02/11/00 447 MISSION UNIFORM SERVICE 1108201 1020 575148 02/11/00 447 MISSION UNIFORM SERVICE 1108201 1020 575148 02/11/00 447 MISSION UNIFORM SERVICE 1108201 TOTAL CHECK 1020 575149 02/11/00 M MITCHELL, ROBERT 580 1020 575150 02/11/00 455 HEATHER MOLL 5806249 1020 575151 02/11/00 M MOYER, BRYON 580 1020 575152 02/11/00 1751 MUNIFINANCIi~L 3655301 1020 575153 02/11/00 941 MUZAK 1103500 1020 575154 02/11/00 M NAKAO, MICHIYO 5800000 1020 575155 02/11/00 M NAMKUNG, JOMN 5800000 1020 575156 02/11/00 1550 ADONIS L NECESITO 1103501 1020 575157 02/11/00 M NIEWCZAS, MARIUSZ 580 1020 575158 02/11/00 487 NORTHAIRE SUPPLY CO 1108503 1020 575159 02/11/00 M NUTTALL, HILDA 5500000 CATERING STAFF 2/4/00 RECREATION REFUND RECREATION REFUND RECREATION REFUND REPLACE FUEL TANK/PMT3 REFUND/SWEET MEMORIES LEGAJ~ PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEG~L PUBLICATION LEGAL PUBLICATION REFUND/LAS VEGAS UNIFORM SERVICE UNIFORM SERVICE UNIFORM SERVICE RECREATION REFUND RECREATION PROGRAM RECREATION REFUND 1993 REFUNDING SERIES MUSIC SERVICES #135125 RECREATION REFUND RECREATION REFUND PROFESSIONAL SERVICES RECREATION REFUND SUPPLIES REFUND/SWEETMEMORIES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10.70 0.00 91.0~ 42.5~ 125.0C 14.0[ 8001.14 29.0[ 230.00 230.0C 230.0C 50.00 230.0C 85.00 55.00 1110.00 80.00 86.97 82.64 82.64 252.25 70.00 243.00 20.00 1500.00 291.18 182.00 260.00 19.00 140.45 29.00 RUN DATE 02/11/00 TIME 08:14:47 02/11/00. CITY OF CUPERTINO PAGE 9 ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/07/2000" and "02/11/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... S~tLES TAX AMOU~ 1020 575160 02/11/00 M O'BRIEN, C~ERYL 580 RECREATION REFUND 0.00 10.0 1020 575161 02/11/00 1190 RONA, LD OLDS 1020 575161 02/11/00 1190 RONALD OLDS TOTAL CHECK 1103500 1103500 PROF SVCS 0.00 135.0 PROFESSIONkL SERVICES 0.00 180.0 0.00 315.0 1020 575162 02/11/00 500 1020 575162 02/11/00 500 TOTAL CHECK OPERATING ENGINEERS 110 OPERATING ENGINEERS 1104510 HLTH/WELFARE P W EMP HLTH/WELFARE RETIRED 0.00 0.00 0.00 5515.0 3576.0 9091.0 1020 575163 02/11/00 503 ORCHARD SUPPLY 1020 575163 02/11/00 503 ORCH~ SUPPLY 1020 575163 02/11/00 503 ORCHARD SUPPLY 1020 575163 02/11/00 503 ORC~ SUPPLY TOTAL CHECK 5606620 5606640 5606620 5606640 ON TIME PMT DISCOUNT 0.00 -6.5 SUPPLIES 23.59 309.5 SUPPLIES 57.19 750.4 ON TIME PMT DISCOUNT 0.00 -6.5, 80.78 1046.91 1020 575164 02/11/00 507 DAN OSBORNE 1020 575164 02/11/00 507 DAN OSBORNE 1020 575164 02/11/00 507 DAN OSBORNE 1020 575164 02/11/00 507 DAN OSBORNE 1020 575164 02/11/00 507 DAN OSBORNE 1020 575164 02/11/00 507 DAN OSBORNE 1020 575164 02/11/00 507 DAN OSBORNE 1020 575164 02/11/00 507 DAN OSBOR/~E TOTAL CHECK 5606680 1108303 6308540 4209114 2708405 1108503 1108503 1108503 TIME & MATERIAL 0.00 465.2~ TIME & MATERIAL 0.60 1346.2~ TIME & MATERIAL 0.00 445.4~ TIME & MATERIAL 0.00 1439.4( TIME & MATERIAL 0.00 400.0( TIME & MATERIAL 0.00 1000.0( TIME & MATERIAL 0.00 ~5.0( TIME & MATERIAL 0.00 ,8.92 0.00 6870.3] 1020 575165 02/11/00 508 P E R S - HEALT~ 1020 575165 02/11/00 508 P E R S - HEALTH 1020 575165 02/11/00 508 P E R S - HFJ%LTH TOTAL CHECK 1104510 110 1104510 PREMIUM 2/00 0.00 PREMIUM 2/00 0.00 PREMIUM 2/00 0.00 0.00 19511.55 39917.52 289.2[ 59718.2] 1020 575166 02/11/00 1646 PAGENET 1104400 PAGER SVCS 2/00 0.00 374.02 1020 575167 02/11/00 M PARK, SOO H 580 RECREATION REFUND 0.00 486.0C 1020 575168 02/11/00 M PATWARDHAN, JAYA 5800000 RECREATION REFUND 0.00 1020 57~169 02/11/00 1099 1020 575169 02/11/00 1099 1020 575169 02/11/00 1099 1020 575169 02/11/00 1099 TOTAL C~ECK PAVEMENT ENGINEERING INC 2708404 PAVEMENT ENGINEERING INC 2708404 PAVEMENT ENGINEERING INC 2708404 PAVEMENT ENGINEERING INC 2708404 PROF SVCS PMT 9 0.00 PROF SVCS PMT 9 0.00 PROF SVCS PMT 9 0.00 PROF SVCS PMT 9 0.00 0.00 5745.00 3192.50 1000.00 1400.00 11337.50 1020 575170 02/11/00 M PENG, VICKI 110 REFUND/ENC BOND 0.00 500.00 1020 575171 02/11/00 526 1020 575171 02/11/00 526 1020 575171 02/11/00 526 1020 575171 02/11/00 526 1020 575171 02/11/00 526 TOTAL CHECK PENINSULA BLUEPRINT 4249210 PENINSULA BLUEPRINT 110 PENINSULA BLUEPRINT 110 PENINSULA BLUEPRINT 1108601 PENINSULA BLUEPRINT 1108601 BLUELINE PRINTS 0.00 750.04 BLUELINE PRINTS#134774 0.00 193.15 FIXED LINE #136363 0.00 369.66 BLACKLINE PRINTS 0.00 8.12 BLUELINE PRINTS 0.00 4.36 0.00 ~.33 RUN DATE 02/11/00 TIME 08:14:48 - FINANCIAL ACCOUNTING . 02/11/00. CITY 0F CUPERTINO ACCOUNTING PERIOD: B/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/07/2000" and "02/11/2000" FUND - 110 o GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX PAGE 12 AMOUF 1020 575172 1020 575172 1020 575172 TOTAL CHECK 1020 575173 1020 575174 1020 575175 1020 575176 1020 575177 1020 575178 1020 575179 1020 575179 1020 575179 TOTAL C~ECK ~R0 575180 1020 575181 1020 575182 1020 575183 1020 575184 1020 575184 TOTAL CHECK 1020 575185 1020 575186 1020 575187 1020 575188 1020 575188 1020 575188 TOTAL CHECK 1020 575189 1020 575190 575191 02/11/00 529 PENTAMATION ENTERPRISES 6109850 02/11/00 529 PENTAMATION ENTERPRISES 6109850 02/11/00 529 PENTAMATION ENTERPRISES 6109850 02/11/00 M PERRY, DONALD 5500000 02/11/00 M PERRY, MILDRED 5500000 02/11/00 M PFSA 1108201 02/11/00 M PHAM, XUAN 58O 02/11/00 1748 STEVE PIASECKI 1107200 02/11/00 545 JEFF PISERCHIO 5606640 02/11/00 546 PITNEY BOWES INC 1104310 02/11/00 546 PITNEY BOWES INC 1104310 02/11/00 546 ' PITNEY BOWES INC 1104310 02/11/00 1720 PLANGRAPHICS INC 6109853 02/11/00 M QUOCK, CATHLEEN 580 02/11/00 M RABOCZKI, JUDY · 580 02/11/00 M RAINBOW CHINESE SCHOOL 580 02/11/00 M R~AUER, ALICE 5500000 02/11/00 M RAMSAUER, ALICE 5500000 02/11/00 1046 KATHLEEN J ROBINSON 1104510 02/11/00 M RUCKER, DEAN MRS 5500000 02/11/00 M SAMPSON, DORIS 5500000 02/11/00 345 SAN FP,/~NCISCO ELEVATOR 1108501 02/11/00 345 SAN FRANCISCO ELEVATOR 1108502 02/11/00 345 SAN FRANCISCO ELEVATOR 1108502 o2/11/oo M 02/11/00 959 o2/li/oo M RUN DATE 02/11/00 TIME 08:14:48 SAN JOSE HISTORIAL MUSBU 5506549 SAN JOSE MERCURY NEWS 1103300 SANTA CLARA COUNtrY CITIE 1101200 DATA LINE CHARGES 0.00 139.8: PAYCHECK MODIFICATIONS 0.00 250.0 DATE LINE CHARGES 0.00 42.7. 0.00 432.61 REFUND/DUCK DAYS 0.00 235.0{ REFUND/DUCK DAYS 0.00 235.0~ MEMBERSHIP 0.00 90.0[ RECREATION REFUND 0.00 42.0C PERDIEM 0.00 102.0C PROF SVCS 0.00 1705.00 MAINT/EMS 5 SCALE 0.00 193.00 POSTAGE MACHINE RENTAL 31.21 409.51 MAINT/MAILING MACHINE 0.00 513.00 31.21 1115.51 PROF SVCS 1/00 0.00 5215.00 RECREATION REFUND 0.00 11.00 RECREATION REFUND 0.00 300.00 REFUND DEPOSIT 2/5/00 0.00 100.00 REFUND/DUCK DAYS 0.00 275.00 REFUND/SWEET MEMBORIES 0.00 29.00 0.00 304.00 PLANNING SESSION 1/27 0.00 1300.00 REFUND/COLUMBIA QUEEN 0.00 700.00 REFUND/LAS VEGAS 0.00 40.00 ELEVATOR SVCS 2/00 0,00 140.01 ELEVATOR SVCS 2/00 0,00 47.24 ELEVATOR SVCS 0.00 135.00 0.00 322.25 DEPOSIT 3/16/2000 0.00 30,00 SUBSCRIPTION D-0491390 0.00 37.51 ANNUAL ASSOC DUES 0.00 35.00 - FINANCIAL ACCOUNTING 02/11/00. CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_da[e between "02/07/2000" and "02/11/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT PAGE ..... DESCRIPTION ...... SALES TAX AMOU~ 1020 575192 02/11/00 635 Si~NTA C~ VALLEY WATER 5606640 1020 575193 02/11/00 M SAUDER, DOUG 580 1020 575194 02/11/00 1752 SERVERS TO GO 5806249 1020 575195 02/11/00 1749 SH~ON ASSOCIATES 1104510 1020 575196 02/11/00 M SHAR~, SAJ~ITA 580 1020 575197 02/11/00 M SHIM, S00K~YUN 110 1020 575198 02/11/00 651 SIERRA PACIFIC ]~JRF SUPP 5606640 1020 575198 02/11/00 651 SIERRA PACIFIC TURF SUPP 1108315 TOTAL CHECK 1020 575199 02/11/00 652 SIERRA SPRING WATER COMP 1106265 1020 575200 02/11/00 658 SILVERADO SPRINGS BOTTLE 1104510 1020 575201 02/11/00 M SLOAN MANAGEMENT REVIEW 6104800 1020 575202 02/11/00 1730 SNAP-ON TOOLS COMPANY 6308540 1020 575203 02/11/00 200 LESLIE SOKOL 5806449 1020 575204 02/11/00 M STEPAHENKO, SASHA 5800000 1020 575205 02/11/00 686 DARRYL STOW 2204010 1020 575206 02/11/00 M SUGLYA~, KYOKO 580 1020 575207 02/11/00 689 SU~IT UNIFOP/~S 1104530 1020 575207 02/11/00 689 SU~IT UNIFORMS 1104530 1020 575207 02/11/00 689 S[3~IT UNIFORMS 1104530 TOTAL CHECK 1020 57~08 02/11/00 M SUNNYVALE-CUPERTINO BAR 1101500 1020 575209 02/11/00 696 TADCO SUPPLY 1108501 1020 575209 02/11/00 696 TADCO SUPPLY 1108504 TOTAL CHECK 1020 575210 02/11/00 698 TALLY'S ENTERPRISES 2159620 1020 575211 02/11/00 700 TARGET SPECIALTY PRODUCT 1108407 1020 575211 02/11/00 700 TARGET SPECIALTY PRODUCT 1108407 1020 575211 02/11/00 700 TARGET SPECIALTY PRODUCT 1108407 1020 575211 02/11/00 700 TARGET SPECIALTY PRODUCT 1108407 TOTAL CHECK RUN DATE 02/11/00 TIME 08:14:49 WATER SVC METER#971910 0.00 5722.8 REFUND DEPOSIT 0.00 500.0 CATERING STAFF 1/8/00 0.00 273.0 CITY MGR RECRUITMENT 0.00 3549.5 RECREATION REFUND 0.00 43.0 REFUND DEPOSIT R 22190 0.00 500.0~ SUPPLIES 0.00 180.3! SUPPLIES 0.00 3734.6~ 0.00 3915.0~ WATER 12/15-1/12/00 0.00 76.5~ EMPLOYEE WATER 2/3/00 0.00 66.0C SUBSCRIPTION 0.00 89.0C SHOPKEY RENEWAL 0.00 6,59 RECREATION PROGP, AM 0.00 2553,00 RECREATION REFUND 0.00 7.75 EXECUTIVE DIRECTOR 0.00 750.00 RECREATION REFUND 0.00 123.50 UNIFOPJ~S 0.00 181.86 UNIFORMS 0.00 19.49 UNIFORMS 0.00 245.73 0.00 447.08 MONTHLY MTG & MCLE 0.00 25.00 PARTS & SUPPLIES 0.00 81.32 PARTS & SUPPLIES 0.00 81.31 0,00 162.63 TIME & MATERIAL 0.00 18000.00 SUPPLIES 15.47 203.03 SUPPLIES 99.95 1311.41 CREDIT 7/12/99 0.00 -25.00 SUPPLIES 33.00 ~3.00 148.42 .44 - FINANCIAL ACCOUNTING 02/11/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/07/2000" and "02/11/2000" FL~ - 110 - GENEP~AL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... PAGE 12 SALES TAX AMOUNC. 1020 575212 02/11/00 M 1020 575213 02/11/00 989 1020 575214 02/11/00 718 1020 575215 02/11/00 M 1020 575216 02/11/00 M 1020 575217 02/11/00 732 1020 575217 02/11/00 732 1020 575217 02/11/00 732 TOTAL CHECK 1020 575218 02/11/00 737 1020 575219 02/11/00 738 1020 575219 02/11/00 738 TOTAL CHECK 1020 575220 02/11/00 M .0 575221 02/11/00 M 1020 575222 02/11/00 M 1020 575223 02/11/00 M 1020 575224 02/11/00 1746 1020 575225 02/11/00 774 1020 575226 02/11/00 M 1020 575227 02/11/00 M 1020 575~8 02/11/00 782 1020 575229 02/11/00 784 1020 575230 02/11/00 M 1020 575231 02/11/00 M 1020 575232 02/11/00 M 1020 575233 02/11/00 1131 1~0 575234 02/11/00 1131 RUN DATE 02/11/00 TIME 08:14:50 THIBERT, MONA 5500000 THOMPSON PUBLISHING GROU 1104510 TREE MOVERS 1108408 TUNG, CHIH HUI 580 TUPY, IVANA 580 UNIVERSAL TRUCK EQUIP IN 6308540 UNIVERSAL TRUCK EQUIP IN 6309820 UNIVERSAL TRUCK EQUIP IN 1108407 V;tLJ~EY CREST TREE COMPAN 1108408 VALLEY OIL COMPANY 6308540 V;hLLEY OIL COMPANY 6308540 VENKATAPURAM, PP, AHLAD 580 VIJAYKUMAR, NARAYANAN 580 VON SCHOELER, FRAN 5500000 WADA, HIROYUKI 5800000 LORI Wi~NBERGER 5506549 WESTERN HIGHWAY PRODUCTS 2708405 WESTHAFER, CAROLYN 580 W~ & CO INC 1100000 TRAVIC~ WHITTEN 4249210 WILBUR SMIT~ ASSOCIATES 1108601 WINCHESTER, MITSUYO OMUR 580 WINTERBOTHAM, ALAN 5500000 WONG, SHIRLEY 580 CIDDY WORDELL 1107301 CIDDY WORDELL 1107301 REFUND/SAN FRANCISCO 0.00 68.0[ REFERENCE 0.00 84.5{ TIME & MATERIAL 0.00 5950.0f RECREATION REFUND 0.00 110.5C RECREATION REFUND 0.00 51.00 TIME & MATERIAL 0.00 557.57 TIME & MATERIAL 0.00 4401.31 PARTS 0.00 38.23 0.00 4997.11 TREE PLANTING 157.80 2070.40 FUEL FORNEW C~ PUMPS 0.00 9170.37 RENTAL 1/14-2/14/00 0.00 220.00 0.00 9390.37 RECREATION REFUND 0.00 98.00 RECREATION REFUND 0.00 297.00 REFUND/AT & T 0.00 41.00 RECREATION REFUND 0.00 7.75 YOGA CLASS SUBSTITUTE 0.00 40.00 SUPPLIES 97.44 1278.44 RECREATION REFUND 0.00 47.00 REFUND/PLANNING FEES 0.00 180.00 PROF SVCS 1/11-1/31/00 0.00 1168.74 PROF SVCS 11/99-12/99 0.00 2234.53 RECREATION REFUND 0.00 130.00 REFUND/AT & T 0.00 41.00 RECREATION REFUND 0.00 10.00 PEP, DIEM 0.00 102.00 REIMBURSEMENT 0.00 633.70 - FINANCIAL ACCOUNTING 02/11/00 CITY OF CUPERTINO PAGE 13 ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA.: ~ransact.trans_da~e between "02/07/2000,, and "02/11/2000" FUND - 110 - GENERAL FUND CASH ACCT CI~ECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 575235' 02/11/00 794 XEROX CORPORATION 1104310 1020 575236 02/11/00 M YAMAGUCHI, YUSHI 580 1020 575237 02/11/00 M YU, RYAN 580 1020 575238 02/11/00 M YUSKEN, JOSEPHINE 1100000 1020 575239 02/11/00 M ZHANG, RAY 580 1020 575240 02/11/00 1558 JOSE ZUNIGA JR 1106265 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT DESCRIPTION ...... SALES TAX LEASE AGMT RECREATION REFUND RECREATION REFUND RECREATION REFUND RECREATION REFUND CATERING STAFF 2/5/00 70.57 0.00 0.00 0.00 0.00 0.00 1080.57 1080.57 1080.57 AMOUN 926.0 100.0 58.0. 100.0( 47.0C 60.0£ 563823.6~ 563823.62 563823.62 RUN DAT~ 02/11/00 TIME 08:14:50 FINANCIAL ACCOUNTING RESOLUTION NUMBER 00-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON FEBRUARY 04, 2000 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the amounts and from the funds set forth: GROSS PAYROLL Less Employee Deductions $347,382.72 $(111,242.94) NET PAYROLL $236,139.78 Payroll check numbers issued 45712 through 45928 Void check number C(~.~TIFIED: _ , ~ DFr~cior of Administrative Services' PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 22nd day of February ,2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CITY OF CUPEI INO City' Hall 10300 Torre Avenue Cupertino. CA 95014 (408) 777-3212 Fax: f408~ 777-3366 OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER AGENDA DATE SUBJECT AND ISSUE Application for Alcoholic Beverage License. BACKGROUND Name of Business: Location: Type of Business: Type of License: Reason for Application: Dubon Liquor 10073 Saich Way Liquor Store Off-Sale General Person to Person Transfer RECOMMENDATION There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. Prepared by: -z~ ~A~ / .~ ~.,~.?~. Ciddy Wordell, C~ty Planner Don-h'ld D. BYown, City Manager G :planning/misc/abcdubon Pnnted on Recycled Paoer b-/ State of California Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 ¢6/99) TO: Department of Alcoholic Beverage Control 100 Pasco de San Antonio Room 119 San Jose, CA 95113 (408)277- 1 200 DISTRICT SERVING LOCATION: First Owner: Name of Business: Location of Business: County: Is premise inside city limits.'? Malting A0dress: (If different from premises address) Type of license(s): 21 Transferor's license/name: SAN JOSE DUONG SON QUANG DUBON LIQUOR 10073 SAICH WY CUPERTINO, CA 95014 SANTA CLARA 1419 ItOCKLIN CT SAN JOSE, CA 95131 337858 /NGUYEN LANI BI File Number: 363049 Receipt Number: 1268462 Geographical Code: 4303 Copies Mailed Date: February 7, Issued Date: Dropping Partner: Yes 2000 No License Type Transaction Type Fee Type 21 OFF-SALEGENERAL PERSON TO PERSON TRANSF NA 21 OFF-SALE GENERAL ANNUAL FEE NA 21 OFF-SALE GENERAL STATE FINGERPRINTS NA Master Y Y N Dup Date 0 02/07/00 0 02/07/00 2 02/07/00 Fee $1,274.00 $446.00 $78.00 Total $1,798.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: February 7, 2000 Under penaity of perjury, each person whose signature appears below, certifies and says: (I) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf: (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's 'business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may~ be withdrawn by either the applicant or the licensee with no resulting liability to the Department. ~' Applicant Name(s) Applicant Signature(s) ]z~' DUONO SON QUANO ~' ..~_~~ ~, , Itv'l[_L~j~?._. LAI KHANH DUC · )~ ~/t/~, '~_ ~/ff/~/~ ' (~.~~/ CITY OF cu eM no City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM AGENDA DATE February 22, 2000 SUBJECT AND ISSUE Authorizing the filing of applications for Federal Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program Funding for Silicon Valley Smart Corridor, De Anza Boulevard Corridor Advanced Traffic Management System, and City of Cupertino Adaptive Traffic Signal Control System; Committing the Necessary Local Match for the Projects, and Stating the Assurance of City of Cupertino to Complete the Projects. BACKGROUND The City of Cupertino is eligible for project funding under Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program from Metropolitan Transportation Commission. Through a countywide competitive process, Santa Clara Valley Transportation Authority has selected three Corridor Management projects in the City of Cupertino. They will improve traffic flows in the Santa Clara Valley Subarea Corridor. In the Santa Clara Valley, traffic is projected to increase by 39% by year 2000 from year 1990. The Intelligent Transportation Systems applications in the three projects will enable management of freeways and arterials at a regional level. Staff will use operational tools to effectively manage traffic on our arterials in real time. Integrated Transportation Systems are the integrated application of technologies and management strategies to increase the efficiency of traffic. Staff is currently implementing the De Anza Boulevard-Stevens Creek Boulevard Arterial Management Project, an advanced traffic management system for De Anza Boulevard, Stevens Creek Boulevard, and Wolfe Road. We are upgrading the Cupertino Traffic Operations Center with Naztec StreetWise software and installing Naztec TS-2 traffic signal controllers in the field. It will improve traffic flows by about 10%. We anticipate Project completion by Summer, 2000. In parallel, we are implementing an arterial management project on Homestead Road. The three projects are: Silicon Valley West Corridor, a.k.a. Stevens Creek Boulevard Corridor Advanced Traffic Management System (ATMS) - Project will install Intelligent Transportation Systems infrastructure to provide a higher level of transportation management on Stevens Creek Boulevard Corridor in both Cupertino and San Jose. It also includes extension on Wolfe Road and Winchester Boulevard in Campbell. It also will link with Data Exchange Network of the Silicon Valley Smart Corridor. Cupertino is the lead agency. Cupertino, San Jose, and Campbell are partners. Total project cost is $3,105,280. Staff will be able to fine tune timing plans by video monitoring at an arterial corridor level instead of a single traffic signal. The ATMS will provide the basic infrastructure for an enhanced high-speed communication network. Pnnted on Recycled Paper De Anza Boulevard Corridor Advanced Traffic Management System - Project will install Intelligent Transportation Systems infrastructure to provide a higher level of transportation management on De Anza Boulevard corridor. It will also link with Data Exchange Network of the Silicon Valley Smart Corridor. Total project cost is $900,000. It will also serve as the base system to implement an adaptive traffic control system and other advanced tools. Staff will provide a better level of service in response to citizen calls. We can coordinate our timing plans with adjacent agencies. City of Cupertino Adaptive Traffic Signal Control System - Project will install Adaptive Traffic Signal Control System on De Anza Boulevard, Stevens Creek Boulevard, Wolfe Road, and Homestead Road. It will continuously adjust coordinated timing plans for 38 traffic signals. Total project cost is $1,000,000. The Adaptive Traffic Signal Control System will proactively adjust traffic signal timing plans on the arterials. In near real-time (less than 3 minutes), it will continuously adjust the timing plans in response to current traffic conditions. Matching funds are required for the projects above, however the Santa Clara Valley Transportation Authority will have access to $574,106 matching funds from the State Transportation Improvements Program to cover all local matching funds required. Therefore, there is no city monies required. Metropolitan Transportation Commission requires a commitment of local matching funds of at least 11.5%. They also want assurance that the City of Cupertino will complete the projects. STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 00-062, authorizing the filing of applications for Federal Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program Funding for Silicon Valley Smart Corridor, De Anza Boulevard Corridor Advanced Traffic Management System, and City of Cupertino Adaptive Traffic Signal Control System, committing the necessary local match for the projects, and stating the assurance of City of Cupertino to complete the projects. / bmission: ~Donald~. l~rov~n City Manager Metropolitan In cities and subu'rbs across the country, governments are using ITS to get the most out of existing infrastructure and deliver more efficient and effective transportation services. ITS can reduce traffic congestion, but it is also preventing crashes and speeding emergency response, improving the quality of public transportation and helping to clean the environment. /TS Reduces Rush Hour Congestion & De/ay Anyone who lives or works in an American city can tell you that traffic congestion is getting worse. A third of the nation's urban Interstate highways are rated poor or mediocre for congestion, and the number of miles traveled is expected to grow by 30 percent during the next decade [38]. Increasing highway capacity by one-third would require :~15 billion per year in new roadway expenditures [48]. However, ITS permits more efficient use of the roads we already have for far less money. The US Department of Transportation estimates that a combination of ITS and new physical capacity could cut the cost of the infrastructure expansion needed to address future congestion by half [34]. In some places, it's already happening. Meters at freeway entrance ramps and traffic signals that adjust to current conditions help ensure smooth traffic flow even during the rush-hour period. New monitoring technologies alert authorities of traffic incidents so they can be cleared quickly. Smart signs warn drivers of accidents and other incidents that cause big backups and suggest alternative routes. Electronic toll collection eliminates long lines at tollbooths. 100 ~0 Sma~ nal V~i~ide Smart traffic signals have helped reduce vehicle stops in Los Angeles by 41% :~eattle, 9(/ashin~ton--Ramp meters along Interstate 5 have increased capacity at rush hour by 10 to 100 percent, while increasing highway speeds [24]. Other cities have reported handling 8 to 22 percent more traffic while increasing or maintaining travel speeds [53]. Los Angeles, California--Traffic signals now adjust for current traffic conditions, even when incidents divert traffic from the freeways. The result, 41 percent fewer vehicle stops at red lights [9]. Int~l/igen~ Transportation System= ,qeal Wor/d SeneE~s How ITS Be Used Help Tnaffic £onges ion ? Advanced communications techn olo gies are able to send traffic information to management centers, travelers, an d p u b lic-ac ces s cable television stations. Special detectors embedded in the road or installed in personal vehicles measure the flow of traffic. Ramp meters measure and regulate how much traffic is entering and leaving major freeways. Strategically-placed video cameras monitor traffic to determine traffic flow and to detect incidents. Traffic Signals can be controlled to speed the flow of traffic and give emergency and transit vehicles priority in special cases. Incidents can be detected quickly with advanced techn ologies. Faster detection of Incidents decreases response times and speeds the flow of t raffic. Emergency medical teams can monitor traffic and detect incidents from a central dispatch center. With advanced location and dispatch systems, response teams can reach incidents faster and aid those Injured very quickly. Tow trucks and courtesy patrols can be strategically placed in' congested areas and can respond quickly to clear Incidents off of throughways. Information gathered with these advanced technologies can be relayed to Information Systems. Travelers can choose their routes based on congestion levels, incidents, and the availability of public transportation. Advanced technologies allow travelers to pay tolls electronically rather than with cash. This rids travelers of backups and hassles and improves the efficiency of the toll collection for operators. In~elligenC T~'[ "¢.a~'on Sys~ms--Real WoHd Benefit~ And that is just the beginning. In the future, in-vehicle systems will help navigate drivers around congested locations, allowing for faster and safer travel. I I I PC)re. ph 35mph 50mph INFORM increases rush hour speeds According to the Institute of Transportation Engineers, severe traffic congestion is most frequently caused by incidents--crashes, breakdowns, road maintenance, or other irregular or unpredictable events. In some American cities, nearly all of the traffic congestion can be blamed on incidents. Video cameras and sensors in the road help detect incidents quickly. Computer aided dispatch speeds emergency services to the scene. Changeable message signs alert drivers of backups and direct them to alternative routes. These technologies can cut travel time by 10 percent to 45 percent during congested times [35]. Long Island, New YorkmThe Information for Motorists (INFORM) program is an integrated system using changeable message signs, ramp meters, in-road traffic detectors, and signal coordination on parallel streets. INFORM has increased rush hour speeds on Long Island from 34 mph to 46 mph. Drivers will divert to an alternate route .5 percent to 10 percent of the time when passive messages are displayed on electronic signs, and will divert even more frequently when the message recommends an alternate route [58]. Maryland--The state uses roving tow trucks and lane sensors to manage congestion on the busy 1-95 system. The program yields a 2 million vehicle-hours per year decrease in delay associated with crashes and other unpredictable incidents [11]. Minneapolis-St. Paul, Minnesota--A similar p~ogram in Minnesota called Highway Helper has cut by 8 minutes the amount of time stalled or stopped cars are in the roadway blocking traffic. Breakdowns account for 84 percent of traffic incidents. Annual benefits through reduced delay in Minnesota totaled $1.4 million for a program that costs only $600,000 per year to operate [36]. Houston, Texas--The TranStar program was implemented to reduce delays caused by incidents. It is estimated that this incident management program saves the city $8.4 million annually through reduced delay [45]. Int~lligen~ Transpo~.a~bn Sys~ms--Real World Benefrcs uate Homestead Road Saratoga San Jose nger Road Stevens Creek Boulevard Corridor Advanced Traffic Management Systems Project 'vale Homestead Road '%, N r- Sa~L ~ger Road Jose Saratoga De Anza Boulevard Corridor Advanced Traffic Management Systems Project rnestead Road San Jose Road Saratoga Cupertino Adaptive Traffic Signal Control System Project ATTACHMENT A SECOND CYCLE TEA-21 STIP MATCH CLAIMS ELIGIBLE STIP PROJECT ~ .,: SPONSORS MATCH AMOUNT SECOND CYCLE CORRIDOR MANAGEMENT PROGRAM Silicon Valley - West Corridor (Stevens Creek Blvd, Wolfe Rd San Jose, Cupertino, Santa Clara, Campbell md Hamilton Ay) $ 356,176 Main Avenue/UPRR Crossing Safety Improvement Morgan Hill and UPRR $ 37,278 Replacement of Grade Crossing Warning Predictors Caltrain, Sunnyvale, Mountain View $ 103,230 City of Saratoga Citywide Signal Upgrade Project Saratoga, San Jose & Caltrans $ 49,895 ;ilicon Valley Internet Traveler Information System San Jose, Campbell, Santa Clara, Milpitas, Los Gatos County of Santa Clara $ 34,410 Bicycle Detection at Signalized Expressway Intersections County of Santa Clara $ 17,205 1-880 Smart Park at Tasman/Alder VTA, Milpitas $ 101,092 Monterey Highway at Masten AvJ Fitzgerald Ay. Railroad County of Santa Clara, Gilroy, UPRR Crossing Improvements $ 86,02.~ Winchester Blvd Bike Video Detection and Traffic Surfeillance Campbell Systems $ 24,087 Palo Alto Medical Foundation/South of Forest Area Caltrain Palo Alto, Caltrain, Palo Alto Medical Foundation Pedestrian and Bicycle Undercrossing $ 263,81(: Proactive Signal Timing Program San Jose $ 57,350 City of Palo Alto NTCIP Traffic Signal System Upgrade Palo Alto, Caltrans, County of Santa Clara $ 114,700 City of Cupertino Adaptive Traffic Signal Control System Cupertino, Sunnyvale, San Jose $ 114,700 De Anza Blvd. Corridor ATMS Cupedino, Sunnyvale, San Jose $ 103,230 Pedestrian Access Improvements Near Tasman LRT in Sunnyvale, VTA Sunnyvale - Revised $ 64,806 Monterey Road Transit Stop Improvements VrA, San Jose, Morgan Hill, Gilroy & Santa Clara County $ 57,350 TOS Improvements in Fremont/South Bay Corridor Caltrans, VTA and Travlnfo $ 34,410 Counb/of Santa Clara, San Jose $ 28,675 Eastside Communt¥ Safety Enhancement Monterey Hwy./UPRR Undercrossing & Bikeway improvement - Revised Morgan Hill, UPRR . 45,880 $ Wolfe Rd. Traffic Signal Coordination/Radio Spread Sunnyvale Spectrum Interconnect ' ::: : :: :$ SECOND CYCLE CORRIDOR MANAGEMENT PROGRAM SUBTOTAL $ 1,713,806 Tasman East LRT Extension VTA $ 1,408,000 TOTAL NEW STIP MATCH CLAIMS $ 3,121,806 First Cycle STIP Match Claims Various $ 447,000 TOTAL STIP MATCH CLAIMS $ 3,568,806 UNFUNDED_CYCLE1.XLS RESOLUTION NO. 00-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE FILING OF APPLICATIONS FOR FEDERAL SURFACE TRANSPORTATION PROGRAM AND CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDING FOR TRAFFIC PROJECTS; COMMITTING THE NECESSARY LOCAL MATCH FOR THE PROJECTS, AND STATING THE ASS~CE OF CITY OF CUPERTINO TO COMPLETE THE PROJECTS WHEREAS, the Transportation Equity Act for the 21st Century (TEA 21)(Public Law 105-178, June 9, 1998) and the TEA 21 Restoration Act (Public Law 105-206, July 22, 1998) continue the Surface Transportation Program (23 U.S.C., Section 133) and the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C., Section 149); and WHEREAS, pursuant to TEA 21, and the regulations promulgated thereunder, eligible project sponsors wishing to receive Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program grants for a project shall submit an application first with the appropriate metropolitan transportation planning organization (MPO), for review and inclusion in the MPO's Transportation Improvement Program (TIP); and WHEREAS, the Metropolitan Transportation Commission is the MPO for the San Francisco Bay region; and WHEREAS, City of Cupertino is an eligible project sponsor for Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program in fiscal year 1999-2000 for the following projects: · Silicon Valley Smart Corridor · De Anza Boulevard Corridor Advanced Traffic Management System · City of Cupertino Adaptive Traffic Signal Control System WHEREAS, MTC requires, as part of the application, a resolution stating the following: 1. The commitment of necessary local matching funds of at least 11.5%; and 2. That the sponsor understands that the Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program funds; and 3. The assurance of the sponsor to complete the project as described in the application, and if approved, as programmed in MTC's TIP; and 4. That the sponsor understands that funds must be obligated by September 30, 2002 for non- operating projects and September 30, 2003 for operating projects, or the project may be removed from the program. Resolution 00-062 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino that the City of Cupertino is authorized to execute and file an application for funding under the Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program of TEA 21 in the amount of $4,429,160 for Silicon Valley Smart Corridor, De Anza Boulevard Corridor Advanced Traffic Management System, and City of Cupertino Adaptive Traffic Signal Control System; and BE IT FURTHER RESOLVED that the City Council by adopting this resolution does hereby state that: 1. City of Cupertino will provide $574,106 in local matching funds; and 2. City of Cupertino understands that the Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program funding for the project is fixed at $4,429,160, and that any cost increases must be funded by the City of Cupertino from local matching funds, and that City of Cupertino does not expect any cost increases to be funded with Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program funds; and 3. Silicon Valley Smart Corridor, De Anza Boulevard Corridor Advanced Traffic Management System, and City of Cupertino Adaptive Traffic Signal Control System will be built as described in this resolution and, if approved, for the amount shown in the Metropolitan Transportation Commission (MTC) Transportation Improvement Program (TIP) with obligation occurring within the time frame established below; and 4. The program funds are expected to be obligated by September 30, 2002 for non-operating projects and September 30, 2003 for operating projects. BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and BE IT FURTHER RESOLVED that the MTC is requested to support the application for the project described in the resolution and to program the project, if approved, in MTC's TIP. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 22® day of February, 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CITY OF CUPEI INO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM Summary AGENDA DATE February 22, 2000 SUBJECT AND ISSUE ReSolution 00-063: Setting public hearing to change street name from Sycamore Drive to Sycamore Court. BACKGROUND A petition has been received to change the name of a portion of Sycamore Drive as shown on the attached exhibit to Sycamore Court. There are 12 homes affected; which 9 out of 10 presently occupied signed the petition. This request was submitted to emergency response agencies and they found no objection to the name change. STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 00-063 which sets a public hearing to change the name of Sycamore Drive to Sycamore Court. B~'t J. Vi;kc 'icl~ Director of F ~blic Works Approve(f6r ~ubm~ission: City Manager Printed on Recycled Paper 2g 2T 32 4~ 24 23 44 S ~'42'43' w 35 46 21 PARCEL 60 SYCAMORE DRIVE '1' i-I F ;_' ;j ;' F 0 Fi U M r.)FI 13~3 N 33"18'21' W I.~g2.Tg' N 31'08'05' w ,,o.,i.r o6'11'17° w ?~,g6' Date: January 28, 2000 To: City of Cupertino Public Works Department Attn: Bert Viskovich Re: Renaming of Street We the undersigned request that the name of Sycamore Drive, Cupertino be changed to Sycamore Court (11 houses). Thank you, in advance, for your attemion to this request. Richard and Cheryl Herms 10878 Sycamore Drive Cupertino, California 95014 John and Amy Prill 10868 Sycamore Drive Cupertino, California 95014 James and Susan Hoey 10858 Sycamore Drive Cupertino, California 95014 David and HaeWon Bunzel 10848 Sycamore Drive Cupertino, California 95014 Ury and Becky Priel 10838 Sycamore Drive Cupertino, California 95014 Barry and Kathleen Elkins 10828 Sycamore Drive Cupertino, California 95014 Johnson and Kay Lau 10829 Sycamore Drive Cupertino, California 95014 ,. { To~ City of Cupertino Public Works Departmem Attn: Bert Viskovich Page 2 of 2 Robert and Lauren Ward 10839 Sycamore Drive Cupertino, California 95014 Richard and Carol Atwood 10849 Sycamore Drive Cupertino, California 95014 Rajinder and Anjali Chopra 10859 Sycamore Drive Cupertino, California 95014 NOT OCCUPIED 10869 Sycamore Drive Cupertino, California 95014 RESOLUTION NO. 00-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO CHANGE STREET NAME WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 5026 OF THE STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, FIXING TIME AND PLACE FOR HEARING AND PROVIDING NOTICE THEREOF; CHANGE A PORTION OF SYCAMORE DRIVE TO SYCAMORE COURT WHEREAS, a petition has been presented by the residents to change the name of a portion of Sycamore Drive to Sycamore Court. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby declares its intention to change the street name of this roadway from Sycamore Drive to Sycamore Court. BE IT FURTHER RESOLVED: 1. That the 20th day of March, 2000, at 6:45 p.m., in the Council Chamber, City Hall, 10300 Torre Avenue, Cupertino, California, is the time and place fixed for hearing on the proposed name change; 2. That the aforesaid date is not less than 15 days from passage of this resolution pursuant to law; 3. That the City Clerk shall cause a certified copy of this resolution to be published in the manner prescribed by law, for at least two (2) successive weeks prior to the hearing and shall cause certified copies to be posted along the street affected at least ten (10) days before the date of hearing and no more than 300 feet apart with a minimum of 3 being posted. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 22na day of February, 2000, by the following vote: Vote Members o__f th_e City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino LEONARD J. SIEGAL HAROLD S. TO?PEL ROBERT K. BOOTH, JR. STEVEN G. BAIRD /V~ARC O. HYNES TKINSON. FARASYN, LLP ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 TELEPHONE (650) 967-6941 FACSIMILE (650) 967-1395 J.M. ATKINSON (1892-1982) L.M. FARASYN (1915-1979) February 3, 2000 Charles t({lian, Esq. City Attorney, City of Cupertino 10320 South De Anza Blvd., #1D Cupertino, CA 95014 Re: Petition for Reconsideration Steven Hoffman Dear Mr. Kilian: This follows our telephone conversation of Wednesday, February 2, 2000, regarding the hearing on Tuesday, February 22, 2000. We have agreed to continue ;his hearing to Monday, March 20, 2000. I understand that this continuance in no way prejudices my client's rights in connection with the petition for reconsideration. I am assuming that the City Clerk's letter dated January 24, 2000, regarding any materials for consideration by the Council be provided one week before the hearing means that the due date for this material is now March 13, 2000, rather · than February 15, 2000. MGH:cwb cc: City Clerk Client CITY OF CUPEi INO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3228 Fax: (408) 777-3333 Building Department STAFF REPORT Agenda Item No. ! 1 Meeting Date: February 22, 2000 SUBJECT: Nuisance Abatement Hearing - 20091 La Roda Ct., APN 369-34-030 BACKGROUND: On November 29, 1999 Gary Kornahrens, a Code Enforcement Officer with the City of .Cupertino, called the Building Department requesting assistance at 20091 La Roda Ct. An inspection warrant was served to the owner of the property Coleen James who was present with her adult daughter Patricia James. An inspection of the residence showed an unsafe, hazardous environment for habitation. Michael Phillips from Vector Control affirmed that there was a rat infestation. The conditions constitute a violation of the Uniform Building Code, Uniform Housing Code and the Cupertino Municipal Code. The Building Official immediately posted the property with a NO OCCUPANCY notice and explained to the Coleen James what the notice meant and that she was not allowed to enter the residence until she received an approval from the Building Department. During this no occupancy time, Vector Control was trying to eradicate the rat infestation. Trapping went on for approximately one week. At this time Mike Phillips called stating that there was too much food for the rats to eat, so trapping was not working. On December 6, 1999 a certified letter was sent to Coleen James containing an Order to Abate and Vector Control's Safety Precautions for Clean-up. These notices were posted at the main garage door and the front door of the residence. On December 6, 1999 the two notices were also sent to Jennifer Lambly, the niece of Coleen James. She had expressed interest in helping her aunt to abate the debris. The Order to Abate gave 45 days for Coleen James to complete the nuisance abatement, which would be till January 20, 2000. Page I of 4 Il' I On January 13, 2000 Joe Antonucci the Building Official spoke with Coleen James, informing her again that her deadline to clean up the residence was January 20, 2000. On February 2, 2000 Coleen James came to the Building Department and spoke with Joe Antonucci. She was told that there would be a Council Meeting regarding her property February 22, 2000. She understood what she need to do before that time. On February '7, 2000 a resolution was passed by the City Council establishing February 22, 2000 for the Nuisance Abatement Hearing. On February 8, 2000 a Notice of the hearing and the Resolution were posted at the front door, the main garage door of 20091 La Roda Ct. and sent certified to Coleen James. On February 14, 2000 a message was left for Coleen James on her cell phone, asking her to come to the Building Department counter to pick up some papers for the Council meeting on the 22nd. At 4:25 on February 14, 2000 Coleen James came to City Hall and was hand delivered the Notice of the heating and the Resolution by Greg Casteel the Senior Building Inspector. She stated that she had already read these since they are on her house. It was stressed to Ms James that prior to the Council meeting that we will need to do an inspection of her property. It was arranged to come in Tuesday, February 22, 2000 at 9:00am. She wanted as much time as possible to complete the clean up. ANALYSIS: Chapter 10, Substandard Buildings, of the 1994 Uniform Housing Code, provides guidelines to determine if a structure is substandard. Section 1001.2 Inadequate Sanitation states "Buildings or portions thereof shall be deemed substandard when they are unsanitary. Inadequate sanitation shall include, but not be limited to, the following: · Lack of, or improper water closet, lavatory, bathtubs or shower in a dwelling unit or lodging house. Lack of, or improper kitchen sink in a dwelling unit. Lack of hot and cold running water to plumbing fixtures in a dwelling unit. Lack of adequate heating facilities. Lack of, or improper operation of required ventilating equipment. Lack of minimum amounts of natural light and ventilation required by this code. Dampness of habitable rooms. Infestation of insects, vermin or rodents as determined by the health officer. Lack of connection to required sewage disposal system. · · · · · · · Section 1001.11, Hazardous or Unsanitary Premises states: · "The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions on a premises constitutes fire, health or safety hazards which shall be abated .... " Page 2 of 4 [I/2/ Chapter 8, Exits, Section 801 notes: · Dwelling units or guest rooms shall have access directly to the outside or to a public corridor. All buildings or portions thereof shall be provided with exits .......required by Chapter 10 of the Building Code. · Sleeping rooms shall have at least one operable window or exterior door approved for emergency escape or rescue. Chapter 9.22 of the Municipal Code, Property Maintenance, Section 9.22.020 sets forth the standards to determine if a property is a nuisance: · An infestation or a habitat for rodents. · An accumulation of litter, junk, machine parts, scrap material, waste paper, boxes and cartons, packing materials, combustible trash .... Section 9.22.040 provides the provisions for abating nuisances. The condition of the property at the time of inspection November 29, 1999 includes the following: · The side yard and rear yard had piled up debris. · The interior of the house was covered with debris for an average depth of three feet. · There was no hot water available. · The furnace was not operating. · The code recognized exit, the from door, was not usable due to debris stored against it. · There were no bathing facilities. · The water closets were not operable. · The kitchen was not usable. · A broken window was blocked by wood which would not allow the minimum light and ventilation into the room. It appeared to be one of the bedrooms which would not have the required emergency egress through the window. · Vector Control determined that there was a rat infestation. · The interior of the structure appeared moist. Additional concerns: · Fire hazard. · Rodents affecting the adjoining residences. · Disease spread by the airborne bacteria from the feces and urine of the rodents. Attachments: 1. Copies of photographs 2. Correspondences FISCAL IMPACTS: An cost estimate can not be obtained until an approval to go out for bid is granted. The Cost of the abatement will initially be incurred by the City. A tax lien will be placed on the property for the costs. The cost would be collected in installments at the time that Page 3 of 4 property taxes are assessed if the property owner does not pay the abatement costs at the conclusion of the abatement. The City shall recuperate all of its costs including incidental expenses associated with the nuisance abatement. RECOMMENDATION: That the City Council approve the attached Resolution authorizing staff to proceed immediately with the abatement of the nuisance. A tax lien will be placed on the property to recover any expenses associated with the abatement of the structure. PREPARED BY: ~ ~/~I,S e '~lding Inspector SteveX~5ii(sec'~kii (~a~unity-~velopment Director y /' APPROVEDB : ~ ,, -1/~ '~ ' Don~ O. ~"~ ~ Ci~ M~ager Page 4 of 4 RESOLUTION NO. 00-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE AT 20091 LA RODA DRIVE RECITALS: (a) On February 7, 2000, the City Council of the City of Cupertino adopted its Resolution No. 00-056, a copy of which is attached hereto and made a part thereof by reference; (b) Pursuant thereto, the City Council of the City of Cupertino held a hearing with respect thereto, on February 22, 2000, at 6:45 p.m., in the Council Chambers, in the City Hall, located at 10300 Torte Avenue; (c) The following members of the City Council were present: BurneR, Chang, James, Statton (d) The following members of the City's staff, among others, were present: 1. Director of Administrative Services Carol Atwood 2. Deputy City Clerk Roberta Wolfe 3. City Attomey Charles Kilian (e) The following interested persons were also present: (f) After hearing opening remarks, the City Council heard and considered all relevant evidence including, but not limited to, testimony under oath fi.om owners, witnesses and parties interested, as well as received into evidence exhibits and staff reports, relative to said matter; (g) Following the presentation of all evidence and closing remarks, the City Council considered the matter, and resolved as follows: 1. The following findings of fact are hereby made: (a) Notice of the time and place of the hearing to abate, and Resolution No. 00-056 were duly and regularly posted and served, as required by the provisions of Ordinance No. 794 of the City of Cupertino, enacted on April 18, 1977. (b) The residence on parcel 369-34-030 located at 20091 La Roda Court in the City of Cupertino, State of California, constitutes a public nuisance, and is a hazard to public health, safety and general welfare, by reason of evidence of the following: Resolution No. 00-067 Page 2 · The side yard and rear yard had piled up debris. · The interior of the house was covered with debris for an average depth of three feet. There was no hot water available. · The furnace was not operating. · The code-recognized exit, the fi.ont door, was not usable due to debris stored against it. · There were no bathing facilities. · The water closets were not operable. · The kitchen was not usable. · A broken window was blocked by wood, which would not allow the minimum light and ventilation into the room. It appeared to be one of the bedrooms, which would not have the required emergency egress through the window. · Vector Control determined that there was a rat infestation. · The interior of the structure appeared moist. · Fire hazard. · Rodents affecting the adjoining residences. · Disease spread by the airborne bacteria fi.om the feces and urine of the rodents. 2. IT IS THEREFORE ORDERED as follows: (a) Said public nuisance shall be abated. (b) A description of the needed corrections and/or repairs, necessary to comply with the abatement order is as follows: Part 1; To protect the adjoining properties: · Clean all debris front, rear and side yards. · Remove all debris from interior of residence. · Remove blockage of exits. · Remove carpets and floor coverings infused with rodent feces and urine. Part 2; The house will be tagged as uninhabitable until the following repairs are completed with City is~'ued permits. · Repair the hot water service. · Repair furnace. · Repair bathing facilities. · Repair kitchen to be operational. · Repair broken window(s). · Repair water closets · Repair areas of the structure damaged by nuisance. 2 Resolution No. 00-067 Page 3 (c) Any property owner shall have the right to have the public nuisance, as declared, abated, provided the same is completed as per Item 2(b) of this Resolution, which time, upon good cause shown, may be extended for a reasonable time by the City Council. (d) If such public nuisance is not abated within such time or any extension of time, which may be granted, the Director of Administrative Services shall, by City forces or private contract, cause the same to be abated. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 22na day of February, 20000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Ci~ of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3182 FAX (408) 777-3175 CODE ENFORCEMENT DIVISION Staff Report 11/29/99 Subject property: 20091 La Roda Ct., Cupertino On November 29, 1999 an inspection warrant was served at the above address. The property owner, Coleen James and her adult daughter Patricia James were present and given a photo copy of the warrant. Also present were Michael Phillips (Santa Clara County Vector Control), Sergeant Steven Angus, Deputy Mark Carrasco, and Deputy Eileen Phares (Santa Clara County Sheriff's Dept.), Joseph Antonucci (Chief Building Official) and Greg Casteel (Senior Building Inspector). After presentation of the wan'ant to the property owner, the exterior of the residence in the side and rear yard areas was inspected. Digital and 35mm photographs were taken to document the inspection by myself and Michael Phillips. I r~oted that since my last inspection some debris had been removed, although a large quantity was still on site. Large piles of books, magazines and other debris was visible in the side yard, rear yard and in a storage shed. Mr. Phillips found evidence of rat feces, partially eaten fruit and "rub" marks on the structure. This evidence indicated a rat infestation which may include the interior of the residence. After inspecting the yard, the property owner was advised that we would next proceed to the interior of the house. Coleen James advised the inspection team that we may not enter her residence. Deputy Can'asco advised her that the scope of the warrant included the interior of the residence. Myself, Deputy Carrasco and Mr. Phillips, entered the residence through the rear sliding door. We were informed by the property owner that the front door was blocked and not useable. Upon entry to the structure, we immediately had to climb up on a pile of books, household items and other debris which was about three feet off of the floor. This pile of items continued on to almost all areas of the residence. In some areas the piles of items were three to five feet high. When we reached the kitchen area, all counter space was cluttered with pots, pans and other items. Mr. Phillips noted the presence of rat feces throughout the kitchen. The oven and kitchen sink were full of items, making them inoperative. An ice chest located on the kitchen floor was full of rotting food. Two refrigerators were found in the residence, but they were not plugged in. Proceeding further into the house, we noted that the closet which housed the forced air heater was blocked with debris so that the door would not open. The property owner later informed me that they do not use the heater and it is off. She also informed me that the water heater has been shut off. Ms. James told me that they do not bathe at the house. She stated that they have a health club membership and they bathe there. I spoke with the property owner's daughter Patricia and asked about their toilet facilities. She stated that the toilets in the residence do not work, but they fill the tank with a gallon of water and flush them that way. I then asked Patricia James where they sleep and she pointed to a sleeping bag in a small "cubby" hole amongst the clutter of books in one bedroom. No beds were readily apparent. Due to the overall condition of the residence, lack. of sanitation, heat, hot water and the evidence of rat infestation, Mr. Antonucci, The Chief Building Official, declared the house unsafe and uninhabitable. Gary Komahrens, Code Enforcement Officer November 30, 1999 City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 NOTICE Building Division (408) 777-3228 (408) 777-33~ tax DO NOT ENTER UNSAFE TO OCCUPY TO: DATE: IT IS A MISDEMEANOR TO OCCUPY THIS BUILDING, OR TO REMOVE OR DEFACE THIS NOTICE. Your property, located at 20091 La Roda Court, Cupertino, California has been inspectea by Cupertino Building Division and has been declared UNSAFE FOR OCCUPANCY due to hazardous and unsanitary conditions, inadequate exits, inadequate sanitation facilities and fire and health hazards as defined by the 1994 Uniform Housing Code Chapter 10, Section 1001 e seq. No person shall remain in or enter this building, except that entry may be made to bring building into compliance with the Uniform Housing Code. No person shall.remove or deface notice until the required repairs, demolition or removal have been completed and a certificate occupancy issued pursuant to the provisions of the Building Code. Any person violating this notice shall be guilty of a misdemeanor. ORDER TO ABATE Within forty-five (45) days of the date of this Notice and Order you must complete the necessary to bring this building into compliance. All persons entering this building must take safety precautions as prescribed by the County of Santa Clara Vector Control District (attacM herewith as Exhibit A and incorporated herein). If the required repairs are not completed witl forty-five (45) days of this notice, the Cupertino. Building Official will proceed to cause the repairs or demolition to be done and charge the costs thereof against the property or its owne~ Any person having record title or legal interest in the subject property may appeal from th notice and order or any action of the Building Official to the Cupertino City Council, provide such appeal is in writing and filed with the Building Official within ten (10) days of this Noti and Order. Failure to appeal will constitute a waiver of all right to an administrative he"lng determination of the matter. Joe Afitc~'ficci Building Official, City of Cupertino County of Santa Clara SAFETY PKECAUTIONS FOR CLEAN-UP 20091 LA RODA COUKT CUPEKTINO, CALIFOKNIA 95014 1. Use a respirator with Hepa Filters while working inside'house during clean-up and disinfection: 2. Use robber gloves and goggles while cleaning and disinfecting inside nad outside home. 3. Ventilate thc affected area the night before clean-up by opening doors und windows. 4. Thoroughly spray dead rodents, droppings anti contaminated ~rcas with a general household disinfectant. Also, if you find rodent f~es inside, DO NOT sweep or v~cuum them until you have wet the affected areas with disinfectant, since these activities might put virus-laden dust into the air. 5. Place disinfected-soaked rodents into a plastic bag and seal it. Then place it into a s~cond plastic bag and s~l and dispose'it into trash. 6. Disinfect floors, countertops and other surfaces with a general household disinfectant also the heating system. 7. "Before removing thc gloves, wash gloved hands in disinfectant, and then in soap and water thoroughly wnsh hands with soap nad water after removing gloves. L~)i:ll'd of SUlX:rvi~)r~: I~Jlli. lh.I R GOJ;I~.. Rll,u~ca Alvarado. P~,,le M(:::Hu~h. J~Tir,~ T. l..Tt~ll Jr.. S. J:,~cph $imifli~n G(iunly L~xc.'cutivt;: RiC:I'K~F~.I wItt~.nl:)~,rg C:\WINNT~Profiles\gregc. 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OOO~Desktop~My Briefc... - Microsoft Intemet Explorer Page I of 1 2/17/00 6:45:02 AM CITY OF CUPFRT NO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3228 Fax: (408) 777-3333 Building Department STAFF REPORT Agenda Item No. 12 · Meeting Date: February 22, 2000 SUBJECT: Nuisance Abatement Hearing - 10645 Cordova Road, APN 342-22-099 BACKGROUND: In May 1999, a complaint was received by the Building Department of a substandard condition of the residence located at 10645 Cordova Road. An inspection found the structure unsafe, uninhabitable and an attractive nuisance. These conditions constitute a violation of the Uniform Building Code, Uniform Housing Code and the Cupertino Municipal Code. Staff contacted the owners of the property, the O'grady's, on several occasions by certified mail requesting abatement of the nuisance. The O'grady's attempted to board-up the openings of the structure to prevent access. This has not remedied the situation. The Sheriff's Department has repeatedly removed youths and young adults from the structure. On December 14, 1999, Sheriff's Deputies and Alex Wykoff a Code Enforcement Officer for the City of Cupertino, responded to a complaint from a resident that juveniles were partying in the abandoned structure. The youths were from a near by High School and stated that this is a well known party spot. It was noted that more trash and liquor bottles were on the second floor deck which substantiated what the youths had said. The City Attorney's office sent a letter dated January 26, 2000, enumerating the hazards associated with the property and set February 22, 2000 as a deadline for the O'grady's to abate the nuisance. On February 16, 2000, a site visit confirmed that the nuisance has not been abated. Page l of 3 I~'~l ANALYSIS: Section 102 of the 1998 California Building Code, Unsafe Buildings or Structures states that "All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal..." Chapter 10, Substandard Buildings, of the 1994 Uniform Housing Code, provides guidelines to determine if a structure is substandard. Such as, but not limited to the following: · Item 13 of Section 1001.2 notes "General dilapidation or improper maintenance". · Section 1001.3, item 2 "Defective or deteriorated flooring or floor supports". · Section 1001.3, item 4, "Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration". Site visits have substantiated these items. The current condition of the property includes the following: · Deteriorating structural members. · Structural supports are leaning the same direction out of plumb. · Second floor joist are rotting, not supported, separating and dropping away from the intended ledger support. · Larger horizontal support beam for the second floor is deflected and splitting. Additional concerns: · Attractive nuisance for youths and vagrants. · Youths and young adults use the second story deck area for gatherings/parties which is not structurally adequate. · Persons are entering the downstairs structure, which is not structurally adequate. · Fire hazard. · Possible affect on down hill property in the event of a seismic event. · Life safety of anyone in or around the structure. Chapter 9.22 of the Municipal Code, Property Maintenance, sets forth that "no owner, agent or lessee or other person occupying or having control of any property within the City shall maintain or allow to be maintained any of the following conditions .... " · Item E. "The maintenance of any strneture in a state of substantial deterioration .... " Such a condition would constitute a public nuisance by Section 9.22.040. This section refers to Chapter 1.09 of the City Ordinance for abatement of the nuisance. Attachments: 1. Copies of photographs 2. Correspondences FISCAL IMPACTS: Voluntary Abatement: If the property owner voluntarily abates the nuisance within the time prescribed by the City Council, the City will incur no fiscal impact. Page 2 of 3 Abatement by City: A rough estimate for demolition of the structure is between $12,000 to $15,000. Cost of the abatement will initially be incurred by the City, A tax lien will be placed on the property for the costs. The cost would be collected in annual installments at the time that property taxes are assessed if the property owner does not pay the abatement costs at the conclusion of the abatement. The City shall recuperate all of its costs including incidental expenses associated with the nuisance abatement. RECOMMENDATION: That the City Council adopt the attached Resolution authorizing staff to proceed to have the structure demolished with a tax lien placed on the property to recover any expenses associated with the abatement of the structure. PKEPAKED BY: ~ ~ Greg~ ~1, S/e~l~uilding Inspector ~ StevMSias i~ fi'~t~ Development Director Don ~Bl'own[ City Manager Page 3 of 3 RESOLUTION NO. 00-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE AT 10645 CORDOVA ROAD RECITALS: (a) On February 7, 2000, the City Council of the City of Cupertino adopted its Resolution No. 00-057, a copy of which is attached hereto and made a part thereof by reference; (b) Pursuant thereto, the City Council of the City of Cupertino held a hearing with respect thereto, on February 22, 2000, at 6:45 p.m., in the Council Chambers, in the City Hall, located at 10300 Torre Avenue; (c) The following members of the City Council were present: Bumett, Chang, James, Statton (d) The following members of the City's staff, among others, were present: 1. Director of Administrative Services Carol Atwood 2. Deputy City Clerk Roberta Wolfe 3. City Attorney Charles Kilian (e) The following interested persons were also present: (f) After heating opening remarks, the City Council heard and considered all relevant evidence including, but not limited to, testimony under oath from owners, witnesses and parties interested, as well as received into evidence exhibits and staff reports, relative to said matter; (g) Following the presentation of all evidence and closing remarks, the City Council considered the matter, and resolved as follows: 1. The following findings of fact are hereby made: (a) Notice of the time and place of the hearing to abate, and Resolution No. 00-056 were duly and regularly posted and served, as required by the provisions of Ordinance No. 794 of the City of Cupertino, enacted on April 18, 1977. (b) The uninhabitable structure on parcel 342-22-099 located at 10645 Cordova Road in the City of Cupertino, State of California, constitutes a public nuisance, in that it is a hazard to public health, safety and general welfare, by reason of deterioration, dilapidation, attractive nuisance, fire hazard and threat to life and safety of person on this or surrounding properties. Resolution No. 00-067 Page 2 2. IT IS THEREFORE ORDERED as follows: (a) Said public nuisance shall be abated. (b) A description of the needed corrections and/or repairs, necessary to comply with the abatement order is as follows: · Demolition and removal of the structure by March 7, 2000. (c) Any property owner shall have the fight to have the public nuisance, as declared, abated, provided the same is completed as per Item 2(b) of this Resolution, which time, upon good cause shown, may be extended for a reasonable time by the City Council. (d) If such public nuisance is not abated within such time or any extension of time which may be granted, the Director of Administrative Services shall, by City forces or private contract, cause the same to be abated. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 22nd day of February, 20000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2 ~Ciw of Cupertino Building Division 10300 Tone Avenue Cupertino CA 95014 Telephone (408) 777-3228 Fax (408) 777-3333 June 7, 1999 Brian J. and Theresa M. Ogrady. 276 Leslie Ct. # A Mountain View, CA 94043 Re: 10645 Cordova Rd. Cupertino, CA 95014 Dear Brian & Theresa: A complaint has been made to the Building Department regarding the condition of your property located at 10645 Cordova Rd. in Cupertino. It was reported that the house is in a substandard, dilapidated condition. Upon investigating the compliant visually fi.om the front, it is apparent that the structure is indeed in a substandard condition. The police have been out to the site to remove people fi'om being in the sumcture. On our last inspection of the property we noticed that the structure was wide open. This has allowed an unsafe place for some to congregate. The structure appears to be in violation of the Uniform Building Code Section 102 (Unsafe Buildings or Structures). This section states "Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use." Also Chapter 10 of the Uniform Housing Code (Substandard Buildings) as well as the Cupertino Municipal Code Chapter 9.22.020 (Property Maintenance Code). Please be advised that something immediately must be done to the structure to prevent any injury of people or damage to other property. I need to discuss this issue with you as soon as possible. I can be reached at (408) 777-3205. Sincerely, Joe Antonucei Chief Building Official Printed on Recycled Pal)er CITY OF CUPEP INO Plan Check Division 10300 Torte Avenue Cupertino CA 95014 Telephone (408) 77%3228 Fax (408) 777-3333 Building Department October 5, 1999 Brian J. and Theresa M. Ogrady. 276 Leslie Ct. # A Mountain View, CA 94043 Re: 10645 Cordova Rd. Cupertino, CA 95014 Dear Brian & Theresa: A complaint has again been made to the Building Department regarding the condition of your property located at 10645 Cordova Rd. in Cupertino. It was reported that the house is in a substandard, dilapidated condition and unsecured. Upon investigating the compliant-visually from the front, it is apparent that the structure is indeed in a substandard condition and unsecured. The police again were called out to the site to remove people from being in the structure. As has been stated previously the structure appears to be in violation of the Uniform Building Code Section 102 (Unsafe Buildings or Structures). This section states "Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use." Also Chapter 10 of the Uniform Housing Code (Substandard Buildings) as well as the Cupertino Municipal Code Chapter 9.22.020 (Property Maintenance Code). In the past you have tried to secure the structure so that no one can enter. This has not been successful. Please be advised that the hazard must be removed immediately to prevent any injury of people or damage to other property. I need to discuss this issue with you as soon as possible. I can be reached at (408) 777-3205. Sincerely, Joe Antonucci Chief Building Official CITY OF CUPERTINO Building Division 10300 Torte Avenue Cupertino CA 95014 Telephone (408) 777-3228 Fax (408) 777-3333 'December 15, 1999 Brian J. and Theresa M. Ogrady. 276 Leslie Ct. # A Mountain View, CA 94043 Re: 10645 Cordova Rd. Cupertino, CA 95014 Dear Brian & Theresa: A complaint again has been made to the Building Department regarding the condition of your property located at 10645 Cordova Rd. in Cupertino. The Sheriff's Deputies were called out by a resident on December 14, 1999. It was reported that juveniles were partying in the abandoned house. The report said that the youths are getting into the garage and onto the 2~ story deck area. The report went on to say "There is much more trash and liquor bottles on the deck area to substantiate what the kids were saying about it being a well known spot.' The structure appears to be in violation of the Uniform Building Code Section 102 (Unsafe Buildings or. Structures). This section states "Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use." Also Chapter 10 of the Uniform Housing Code (Substandard Buildings) as well as the Cupertino Municipal Code Chapter 9.22.020 (Property Maintenance Code). Please be advised that something immediately must be done to the structure to prevent any injury of people or damage to other property. Our last letter dated October 5, 1999 had asked for you to call us so we can discuss the issue but I did not receive any communication from you. This being the case and the ongoing problem and risk that is present we are turning the matter over to the City Attorney. Sincerely, Joe Antonucci Chief Building Official Cc: Charles Kilian, City Attorney ~of Cupertino Office Of the City Attorney 10320 S. DeAnza Blvd., #1D Cupertino, CA 95014 Ph: (408) 777-3405 Fax: (408) 777-3401 'January 26, 2000 Charles T. Kilian City AttorneY Eileen Murray Assistant City Attorney Brian J. and Theresa M. Ogrady Kevin F. Ogrady 276 Leslie Ct. gA Mountain View, CA 94043 Re: 10645 Cordova Road, Cupertino, CA Dear Property Owners, Complaints regarding the above-referenced property have been forwarded to our office for prosecution. You are maintaining on your property'an abandoned building that has been determined to be a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, fire hazard, damage and abandonment. In addition, the structure has developed into an attractive nuisance in that juveniles and young adults enter the dangerous structure for parties, alcohol consumption and other activities. You have been contacted by the Cupertino Building Department regarding the hazardous structure on your propen"y in letters dated June 7, 1999, October 5, 1999 and December 15, 1999. However, you have not yet demolished the hazardous building. On February 22, 2000 the City of Cupertino will commence action against you if the building has not been demolished by that date. If you wish to discuss this further please call our office at 408 777-3403. Sincerely, Eileen H. Murray Assistant City Attorney Cc: Cupertino Building Dept. Printed on Recycled Paper C:\WINNTXProfiles\gregc.OOOXDesktopXMy Briefc... - Microsoft Intemet Explorer Page I of 1 2/17/00 6:39:43 AM C:\WINNT~Profiles\gregc.000~DesktophMy Briefc... - Microsoft Internet Explorer Page I of I 2/17/00 6:25:54 AM C:\WINNT~Profiles\gregc. OOOXDesktopLMy Briefc... - Microsoft Intemet Explorer Page I of I 2/17/0O 6:38:32 AM CITY OF CUPEPxTINO Citv Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3213 FAX- (4f~R) HUMAN RESOURCES DIVISION SUMMARY Agenda Item No. I ~ · Meeting Date: February 22.2000 SUBJECT AND ISSUE Vehicle Abatement BACKGROUND The Code Enforcement Division received a complaint on November 23, 1999 regarding an inoperative/unregistered vehicle in the driveway of a home located at 6276 Shadygrove Court, Cupertino. A letter was subsequently sent to the property owner followed by a second letter on December 16. On January 6, 2000 an abatement notice was sent to the property owner. Although the vehicle has been removed from the driveway and there is no longer a violation of the Cupertino Municipal Code, the vehicle owner, Mr. Steven Reed, has requested a public hearing on the matter. RECOMMENDATION Consider Mr. Reed's comments. Sl[bqllt{ed bY: W]'~ilI~~j. W~oska~ Human Resources Manager D o~ta~ d'XO.~~ ~" City Manager Prfnted on Recycled Paper CITY OF CUPEI TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 AGENDA ITEM Summary AGENDA DATE PUBLIC WORKS DEPARTMENT February 22, 2000 SUBJECT AND ISSUE Resolutions ordering vacations of various easements on SNK Properties development BACKGROUND In accordance with the approved development of SNK Properties located west of Wolfe Road and Pruneridge, the following abandonments are requested: (a) The ingress and egress easement and public utility easements have been relocated and this particular locations is no longer needed on Parcels A and B on Pmneridge Avenue. (b) A public utility easement is no longer needed on Linnet Lane. (c) An ingress and egress easement on Becker Lane is no longer needed, but the City is retaining a public utility easement over the same location. (d) The sanitary sewer easement on Linnet Lane has been relocated and this particular location is no longer needed. All affected agencies have been contacted. STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution Nos. 00-069, 070, 71, and 72, ordering vacations of the various easements. ~.rt J. Vii Director of (ublic Works Appro, v ri fo submission: City Manager Printed on Recvcled Paper RESOLUTION NO. 00-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING VACATION OF AN INGRESS AND EGRESS EASEMENT AND A PUBLIC UTILITY EASEMENT PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFOKNIA, PARCELS A AND B, PRUNERIDGE AVENUE WHEREAS, hearing on Resolution of Intention No. 00-036 was held February 22, 2000, at a regular meeting of the City Council at 10300 Tone Avenue, Cupertino, California; and WHEREAS, it appears that notice thereof was duly given as required by law; and WHEREAS, fi.om the evidence presented, both oral and documentary, it appears to be in the best interest of the city to vacate said ingress and egress and public utility easements. NOW, THEREFORE, BE IT RESOLVED: 1. That all or any protests against the vacation of said ingress and egress easement and pUblic utility easement are hereby are overruled and denied. 2. That the portions of Parcels A and B on Pruneridge Avenue, described and shown in Exhibits "A" and "B" attached hereto and made part hereof, be and hereby are vacated. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed and directed to cause a certified copy of this resolution, attested to and sealed with the official seal of the City, to be recorded with the County Recorder of the County of Santa Clara, California, forthwith. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 22'~a day of February, 2000, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members o_fthe City Council APPROVED: City Clerk Mayor, City of Cupertino LEGAL DESCRIPTION FOR ABANDONMENT OF INGRESS & EGRESS & PUBLIC UTILITY EASEMENT ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AS DESCRIBED IN DOCUMENT RECORDED IN BOOK N342 OF OFFICIAL RECORDS, AT PAGE 1298, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" A "PRIVATE EASEMENT TO BENEFIT PARCEL 3 FOR INGRESS AND EGRESS AND PUBLIC UTILITIES EASEMENT" OVER PARCEL 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "PARCEL MAP", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON DECEMBER 30, 1986 IN BOOK 569 OF MAPS, AT PAGES 41 AND 42. PARCEL "B" A "PRIVATE 40 FOOT INGRESS AND EGRESS AND UTILITY EASEMENT" OVER PARCEL B-2, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "PARCEL MAP", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON SEPTEMBER 29, 1986 IN BOOK 565 OF MAPS, AT PAGE 20. THE PROPERTY DESCRIBED HEREON IS SHOWN ON ATTACHED EXHIBIT "B" PLAT AND BY REFERENCE MADE A PART HEREOF. 9H:297151-3VVPO SHEET 1 OF 2 TRACT .NO. ~,~.3 137 ~AP$ lB LINNET LANE R=20.O0' L=15.62' R=15.00' "D-,109'48'19" Li, 28.75' Rl~O.~, L,=90. O0' R,,87.50' 28'30' L-4.3.52' T~ACT 892.0 LO-]' Z 8g..z,I J\./J'APS 4-7 (5~.-U-20 · #~2 7'0 ~" ~ "N00'35'55"E, LOT l 894 MAPS -4-7 R=30. O0' D-,90~O'~ L147.12' WOLFE ROAD EXHIBIT B lin' m-,,i I l:m:':-l=:'I AB~ O~ i ANDIS UMBER JONES I'"w""' ~1 ~ ~ I I ~ClVI[ INGINtEII lUllltOI I~Ki I ' "'~""' I :'"~'I Cupertino Col/fom/o RESOLUTION NO. 00-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING VACATION OF A PUBLIC UTILITY EASEMENT PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, LINNET LANE WHEREAS, heating on Resolution of Intention No. 00-035 was held February 22, 2000, at a regular meeting of the City Council at 10300 Torre Avenue, Cupertino, California; and WHEREAS, it appears that notice thereof was duly given as required by law; and WHEREAS, from the evidence presented, both oral and documentary, it appears to be in the best interest of the city to vacate said public utility easement. NOW, THEREFORE, BE IT RESOLVED: 1. That all or any protests against the vacation of said public utility easement are hereby are overruled and denied. 2. That the portion of Linnet Lane, described and shown in Exhibits "A" and "B" attached hereto and made part hereof, be and hereby is vacated. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed and directed to cause a certified copy of this resolution, attested to and sealed with the official seal of the City, to be recorded with the County Recorder of the County of Santa Clara, California, forthwith. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 22nd day of February, 2000, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council APPROVED: City Clerk Mayor, City of Cupertino LEGAL DESCRIPTION FOR ABANDONMENT OF PUBLIC UTILITY EASEMENT ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING THE NORTH 10 FEET OF PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN BOOK 569 OF MAPS, AT PAGES 41 AND 42, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE SOUTH 89°24'15'' EAST ALONG THE NORTH LINE OF SAID PARCEL 1, A DISTANCE OF 290.24 FEET; THENCE SOUTH 00"35'45" EAST A DISTANCE OF 10.00 FEET; THENCE NORTH 89°24'15'' WEST A DISTANCE OF 290.08 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID PARCEL 1; THENCE NORTH 00°17'32'' WEST ALONG SAID WEST LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. THE PROPERTY DESCRIBED HEREON IS SHOWN ON ATTACHED EXHIBIT "B" PLAT AND BY REFERENCE MADE A PART HEREOF. 9H;297151.1.WPD SHEET 1 OF 2 I ~ LINNET'LANE~ ..-.oR~s~'coR.-:,~ I , "r' ...... ! / PA£C£L I (569 Iff 41,42) I ~o ~,~ES~ ,~ E~SS ~'E~ r.. ,o,.~ "~.b~L~ I ~--~--OR 5~,3~62 OR $$~ '.-- "/, , ~~ L I L ....... =-- __~Z--llllll I I ~.I )~'~ I -- ~ ~ i , ~ ~ I(PA~KELE~ENT) ~ ~ k I I ~.,~, ~ ~ I , , ,o.~.~.~. *[~]*~LOT 2 I Ii l ill , ~ ~x.~ '~' J ~' J 297151 J Cupertino Colifornl~ J o, 297151 __ RESOLUTION NO. 00-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING VACATION OF AN INGRESS AND EGRESS EASEMENT PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, RETAINING AS A PUBLIC UTILITY EASEMENT, BECKER LANE WHEREAS, hearing on Resolution of Intention No. 00-038 was held February 22, 2000, at a regular meeting of the City Council at 10300 Torre Avenue, Cupertino, California; and WHEREAS, it appears that notice thereof was duly given as required by law; and WHEREAS, from the evidence presented, both oral and documentary, it appears to be in the best interest of the city to vacate said ingress and egress easement, but it is necessary to retain a public utility easement. NOW, THEREFORE, BE IT RESOLVED: 1. That all or any protests against the vacation of said ingress and egress easement hereby are overruled and denied. 2. That the portion of Becker Lane described and shown in Exhibits "A" and "B" attached hereto and made part hereof, be and hereby is vacated, but is retained as a public utility easement. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed and directed to cause a certified copy of this resolution, attested to and sealed with the official seal of the City, to be recorded with the County Recorder of the County of Santa Clara, California, forthwith. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 22na day of February, 2000, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council ATTEST: APPROVED: City Clerk Mayor, City of Cupertino LEGAL DESCRIPTION FOR ABANDONMENT OF RIGHTS OF INGRESS AND EGRESS OVER BECKER LANE ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING THAT PORTION OF BECKER LANE, AS DESCRIBED IN BOOK 4116 OF OFFICIAL RECORDS, AT PAGE 290, SANTA CLARA COUNTY RECORDS, AND SHOWN ON PARCEL MAP FILED IN BOOK 569 OF MAPS, AT PAGES 41 AND 42, SANTA CLARA COUNTY RECORDS, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 12, AS SHOWN ON THAT CERTAIN MAP OF TRACT NO. 8980, AS FILED IN BOOK 694 OF MAPS, AT PAGES 4, 5, 6, AND 7, SANTA CLARA COUNTY RECORDS; THENCE NORTH 00°17'22" WEST ALONG THE EAST LINE OF SAID LOT 12, AND THE EAST LINE OF LOTS 4 AND 11 OF SAID TRACT NO. 8980, A DISTANCE OF 283.54 FEET TO THE NORTHEAST CORNER OF SAID LOT 4; THENCE NORTH 89°23'16" EAST A DISTANCE OF 30.00 FEET TO A POINT IN THE WEST LINE OF LOT 2 OF SAID T. RACT NO. 8980; THENCE SOUTH 00°17'22" EAST ALONG THE WEST LINE OF LOTS 2 AND 3 OF SAID TRACT NO. 8980, AND THE WEST LINE OF PARCEL 2, AS SHOWN IN THE AFOREMENTIONED PARCEL MAP, A DISTANCE OF 301.29 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 280; THENCE NORTH 59°55'18'' WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 280 A DISTANCE OF 34.77 FEET TO THE POINT OF BEGINNING. 9H:297151-6.WPD SHEET 1 OF 2 CFIA-.r ~A U WEST ~ cIrY OF SUNNYVALE ~,~ .~, 50.00' il'~rr ~A~ ~0~, P.U~ 8.~ ~ PS~ E LOT 2 S 89"45'47" 1¢ 20Z$7' LOT ~ gU I-fO FaANCHO S 89"45'47" I¢ 168.47' LOT 12 PUBLIC RIGHTS OF INGRESS & EGRESS OVER DECKER LANE PER 4-116 O.R. 290 TO BE ABANDONED BY THIS DOCUMENT (P.U.E. TO BE RETAINED) 10' SSE · SDE 4950 OR ,147 N 89'44'~0" E -~- ...... "'. LOT J x . EXI'~BIT B S I.I J ~"""' I ~l~ ~gS[R O~[S ~, ~ '""'"""'"' '""'"" "'""'" ~'~' I cupertino ColifornioI~ ~~ 2977~1 RESOLUTION NO. 00-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING VACATION OF A SANITARY SEWER EASEMENT PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, LINNET LANE WHEREAS, heating on Resolution of Intention No. 00-037 was held February 22, 2000, at a regular meeting of the City Council at 10300 Torre Avenue, Cupertino, California; and WHEREAS, it appears that notice thereof was duly given as required by law; and WHEREAS, from the evidence presented, both oral and documentary, it appears to be in the best interest of the city to vacate said sanitary sewer easement. NOW, THEREFORE, BE IT RESOLVED: 1. That all or any protests against the vacation of said sanitary sewer easement are hereby are overruled and denied. 2. That the portion of Linnet Lane, described and shown in Exhibits "A" and "B" attached hereto and made part hereof, be and hereby is vacated. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed and directed to cause a certified copy of this resolution, attested to and sealed with the official seal of the City, to be recorded with the County Recorder of the County of Santa Clara, California, forthwith. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 22nd day of February, 2000, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members o__fth__~e City Council ATTEST: APPROVED: City Clerk Mayor, City of Cupertino LEGAL DESCRIPTION FOR ABANDONMENT OF SANITARY SEWER EASEMENT ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA RECORDED APRIL 28, 1966 IN BOOK 7363 PAGE 101 OFFICIAL RECORDS IN THE OFFICE OF THE SANTA CLARA COUNTY RECORDER. SAID PROPERTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND TEN FEET (10') IN WIDTH, THE NORTHERLY LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF SHETLAND PLACE WITH THE MONUMENT LINE OF LINNET LANE, 46 FEET WIDE, AS SHOWN ON THAT CERTAIN MAP ENTITLED TRACT NO. 2623, SERRA GARDENS, UNIT NO. 3, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY IN BOOK 137 OF MAPS AT PAGE 19; THENCE ALONG SAID MONUMENT LINE OF LINNET LANE NORTH 0°17'22" WEST 332.52 FEET; THENCE SOUTH 89°24'15'' EAST 15.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID LINNET LANE AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 89°24'15" EAST 579.43 FEET, MORE OR LESS, TO A POINT ON THE WESTERLY LINE OF WOLFE ROAD, 66 FEET IN WIDTH. THE PROPERTY DESCRIBED HEREON SHOWN ON A~-FACHED EXHIBIT B BY REFERENCE MADE A PART HEREOF. 9H:297151-4.WPD SHEET 1 OF 2 - RESOLUTION NO. 00-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF GROUND LEASE BETWEEN THE SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT AND THE CITY OF CUPERTINO WHEREAS, there has been presented to the City Council a proposed Agreement between the Santa Clara County Central Fire Protection District and the City of Cupertin, o; and WHEREAS, the terms, conditions and provisions of the agreement have been reviewed and approved by the Director of Administrative Services and the City Attorney. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the Mayor to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 22nd day of February 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: - City Clerk Mayor, City of Cupertino GROUND LEASE THIS GROUND LEASE ("Lease") is dated for reference purposes as of 1999, and is made and entered into by the Santa Clara County Central Fire Protection District, a special district of the State of California ("Lessor" or "District"), and the City of Cupertino ("Lessee" or "City"). 1. Recitals. This Lease is made with reference to the following intentions: 1.1 Lessor is the owner of certain real property located in the City of Cupertino at 20235 Stevens Creek Blvd. at Stevens Creek Blvd. and Vista Drive. 1.2 The Board of Supervisors, which serves as the governing Board of District ("Board of Directors"), has determined that a portion of the Stevens Creek site as shown on Exhibit "A" and hereinafter referred to as "Development," is not currently required for the use by the Dislrict. The parties acknowledge that Lessor is currently constructing a new fire station, and upon completion, the final boundary line of the Development will be determined. Current estimates of the surplus parcel area is approximately 1 to 1.2 acres. The parcel reserved to the District is referred to as the "Fire Station parcel." 1.3 The District has sent notices required by law offering the property to affordable housing sponsors, parks and school districts. The City of Cupertino responded to the offer, with a proposal for an affordable housing project, and this Lease is the result of negotiations between the District and the City for that purpose. The Board of Directors has determined that the best use of the site is an affordable housing project, which is currently unimproved. 1.4. Lessee desires to lease the Development from Lessor for use as an affordable housing project. Lessor desires to lease the Development to Lessee upon the terms and conditions set forth herein. 1.5. The parties hereto intend that Lessor's fee interest in the Development shall at all times be and remain un.qubordinated to any Leasehold Mortgage (as hereafter defined) except for a Mortgage in favor of Cupertino National Bank which may be imposed upon Lessee's leasehold interest hereunder and/or upon any Lessee improvements, and that nothing contained in this Lease shall be construed as an agreement by Lessor to subject its fee interest in the Development to any other lien. 1.6 An appraisal report places a valuation of the Land at approximately $2 million, and the parties have agreed to apply a discount factor in consideration of the nature of the tran.qaction as a lease rather than sale, and in consideration of the receipt of all rent in advance. The City has offered, and the District has accepted, that the present value of the lease is $1.8 million. 1 1.7 Definitions a) "Approved Lenders" shall mean all of the lenders providing the approved loans to the Lessee. b) "Approved Loans" shall mean the loans described in Paragraph 22 below, or any other loan obtained by the Lessee in connection with and secured by the Developmem and approved in writing by the Lessor. c) "Approved Loan Documents" shall mean all documents executed by the Lessee evidencing or securing the approved loans. d) "Authorized Officers" shall mean in the case of the Lessor, its Fire Chief, and in the ease of the Lessee, the City manager of the City of Cupertino. e) "Commencement Date" shall be the date of possession by Lessee. f') "Development" shall mean the improvements and the Lessee's leasehold interest in the land. g) "Execution Date" shall mean the latest date shown on the signature page of the Lease. h) "Foreclosure Transferee" shall mean a transferee who acquires the Lessee's interest in this Lease and the Development through the exercise of remedies (such as foreclosure or a deed in lieu of foreclosure) pursuant to the Approved Loan Documents. i) "Improvements" shall mean the twenty-four units of rental housing in the improvements, which shall be occupied by the residential Tenants, an office utilized by Cupertino Community Sewices for the purpose of managing the development and other public purposes including the buildings, structures, and other improvements, building fixtures, located on the land from time to tirade. j) "Land" shall mean the land described in the attached Exhibit A. k) "Lease" shall mean this Ground Lease. 1) "Lease Term" shall mean the year period, set forth in section paragraph 3.2 below, during which this Lease shall be in effect (unless earlier terminated in accordance with the provisions of this Lease). m) "Lease Year" shall mean a period of one calendar year beginning January 1 and ending December 31, except that the first lease year shall commence on the commencement date of this Lease and end on the last day of the following December, and the last Lease Year shall begin on January 1 of the last Lease Year and end on the last day of the Lease Term. n) "Lessee" is City of Cupertino or approved assignee. o_) "Tenants" shall mean the residents of the affordable housing units and CC S which is authorized by the Lessee to occupy the dwelling units. 2. Exhibits. The following exhibits are attached to and made part of this Lease: Erdlibit A Exhibit B Exhibit C Exhibit D Exhibit E Description of the Land Confirmation of Lease Commencement Date Permitted Exceptions to title to Stevens Creek Land Grant Deed to Seven Springs Property Permitted Exception to title to Seven Springs Property 3. Term and Commencement Date. 3.1 Lease of Land a) The Lessor leases the Land to the Lessee, and the Lessee leases the Land from the Lessor, pursuant to the terms of this Lease. b) The parties shall cause a memorandum of this Lease to be recorded against the Land in the Official Records of the County of Santa Clara. c) As a condition of [releasing its signature on this Lease] from escrow, the Lessee has obtained title insurance insuring Lessee's interest in the Land subject only to the exceptions set forth in the attached Exhibit C, d) The closing costs associated with execution of this Lease and recordation ora memorandum of this Lease shall be allocated as follows: recording charges (if any), county documentary transfer tax (if any), and conveyance taxes (if any) shall be borne by the Lessor. The cost of the Lessee's title insurance policy shall be borne by the Lessee. All other expenses, fees or costs (except for attorney's fees and costs) incurred in connection with the leasehold conveyance shall be divided equally between the parties. Each party shall bear its own attorney's fees and legal costs. e) Except as otherwise provided in this Lease, the Lessee accepts the Land in its "as is" physical condition, without representation or warranty as to its physical condition or suitability for Development. 3 ~' 3.2 Term The parties acknowledge that construction of a new fire station prevents Lessor from conveying possession of the premises until completion of the fire station improvements. Upon completion of said improvements, Lessor shall deliver possession to Lessee; however, even if construction is not completed, Lessor shall deliver possession to Lessee by February 28, 2001, to enable Lessee to secure the financing for the Improvements. Unless, terminated sooner under any provision hereof, the term shall expire at midnight, Pacific Time, fifty-seven (57) years after the Commencement Date. Notwithstanding the Commencement Date, if for any reason Lessor cannot deliver possession of the Land to Lessee on the commencement date, Lessor shall not be subject to any liability of any type or alternatively may maintain the validity of the Lease without liability therefor, however, the Lessee may, as its sole option, terminate the Lease and the obligations thereunder by providing written notice to the Lessor within 15 days after the commencement date. 3.3 Commencement Date. The Commencement Date shall be the date of possession. Notwithstanding the Commencement Date, if for any reason Lessor cannOt deliver possession of the Land to Lessee on the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall Lessor's failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the term hereof, but in such case, Lessee shall not be obligated to pay any sums hereunder until possession of the Land is tendered to Lessee. 3.4 Possession. Upon completion of the construction of a new fire station or February 28, 2001, whichever occurs first, possession of the Land shall be delivered to Lessee a) free and clear of all liens or encumbrances except for the items ("Permitted Exceptions") shown on Exhibit C and anyother items which are caused by the actions of or agreed to in writing by Lessee and free, clear and vacant of any occupants, leases, licenses, concessions or other agreements granting to any third party any right (other than provided by a Permitted Exception) to occupy unless otherwise agreed by the Lessee. O~erwise, said Land shall be delivered to Lessee, free and clear of any structures, foundations, underground utilities, pipes, fences, or other improvements. 4. Rent. The term "Rent" as used herein shall mean, collectively, Grant Deed to the Seven Springs proper13' and an advance rental payment of One Million One Hundred Fifty Thousand Dollars ($1,150,O00). 4 4.1 Payment of Rent. Lessee shall pay in advance the rent described in paragraph 4 above immediately upon delivery of possession of the Land to Lessee by Lessor. Payment of the rent shall include delivery of a Grant Deed to the Land and buildings and all other improvements on Seven Springs Parkway ("the Seven Springs property"), in a form suitable for recordation, which conveys title to the Lessor. The parties agree that the value of the Seven Springs property is Six Hundred Fifty Thousand ($650,000). A copy of the Grant Deed is attached hereto as Exhibit D. Lessee has provided a pre-liminary title report to Lessor 4.2 Minor Premise Adiustments The parties acknowledge that the Lessor is currently constructing a new fire station upon the adjacent fire station property and that only upon completion of construction will the exact area of surplus property to be leased by Lessee be known. In the event that the adjacent fire station use requires, a slight modification of the area of the Land described in Exhibit A hereto, the parties agree to cooperate in the obtaining of a lot line adjustment to effectuate the modification. Such lot line adjustment shall not effect the amount of rent payable under this lease. As used herein, the term "slight modification" means a modification of the boundary between the Land and the fire station property which will result in no more than a one percent loss to the Land of its area and which shall not materially affect the construction and use of the improvements constructed thereon. 4.3 Additional Obligation Lessee shall also pay prior to delinquency, all sums, Taxes and Assessments, costs, expenses, penalties and other payments which Lessee in any of the provisions of this Lease assumes or agrees to pay ("Additional Rent"); and, in the event of any non-payment thereof, Lessor shall have (in addition to all other rights and remedies hereunder or at law) all the rights and remedies provided for herein or by law in the case of non-payment of Additional Obligation. 5. Title to Improvements The Lessor hereby grants to the Lessee, without warranty (express or implied), any fight, title or interest that the Lessor may have in the improvements located on the Land from time to time. Improvements on the Land during the Lease Term shall be and remain the Property of the Lessee; however, Lessee shall have no right to destroy, demolish or remove the improvements except as specifically provided for in this Lease or as approved in writing by Lessor. When the Lease Term expires or when the Lease is otherwise terminated under the terms of this Lease, title to the Improvements shall revert to and vest in the Lessor without cost to the Lessor. It is the intent of the parties that this Lease shall create a constructive notice of severance of the Improvements from the Land without necessity of a deed from the Lessor to the Lessee after the Improvements have been constructed. The Improvements, when built, shall be and remain real property and shall be owned in fee by the Lessee for the Lease Term. The Lessee shall execute, at the end of the Lease Term, within ten (1 O) days of Lessor's written request, a confirmatory quitclaim deed of the Improvements to be recorded at Lessor's option and expense and any other documents that may be reasonably required by the Lessor or the Lessor's rifle company to provide the Lessor's rifle company to provide the Lessor title to the Land and the Improvements free and clear of all monetary liens and monetary encumbrances not caused or agreed to by the Lessor. 6. Utilities Lessee shall pay directly to the provider for all water, gas, heat, light, power, telephone, sewer and other utilities and services supplied to or used on the Development, together with any taxes thereon. Lessor shall not be liable for any damages direcfly or indirectly resulting from, nor shall the Rent or any monies owed Lessor under this Lease be abated by reason of: (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any such utilities or services; (b) the failure to furnish or delay in furnishing any such utilities or services; or (c) the limitation curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility serving the Development. Lessee shall be obligated to cooperate in a reasonable manner with the efforts of national, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. Lessor will cooperate with Lessee's design and installation of necessary utilities to serve the project, including, but not limited to, signing applications for utility service as the property owner. 7. Taxes and Assessments 7.1. Obligation to Pa,/. Lessee covenants and agrees to pay, from and after the Commencement Date, in addition to all other Rent payable hereunder, before any fmc, penalty, interest or cost may be added thereto for the non-payment thereof, all taxes, assessments, levies, possessory interest taxes, and other charges and governmental fees, general and special, ordinary and extraordinary, unforeseen, as well as foreseen, of any kind or nature whatsoever, including, but not limited to assessments for public improvements or benefits, which prior to or during the Term of this Lease are laid, assessed, levied, or imposed upon or become due and payable and a lien upon or represent an escape assessment from (i) the Development and/or any improvements situated thereon or any..part thereof or any personal property, equipment or other facility used in the operation thereof; or (ii) the rent or income received from Sublessees or licensees; or (iii) any use or occupancy of the Development and of any rights, obligations, easements and franchises as may now or hereafter be appur Lessee, or appertain to the use thereof; or (iv) this transaction or any document to which Lessee is a party creating or transferring an estate or interest in the Development (all of which taxes, assessments, charges, levies and other governmental fees are hereinafter collectively referred to as "Taxes and Assessments"); provided, however, that except as provided below, any Taxes and Assessments relating to a riscal period of the taxing authority, a part of which period is included within the Term of this Lease, shall be adjusted as between Lessor and Lessee as of the commencement and termination of the Term of this Lease, and Lessor shall pay the portion of Taxes and Assessments attributable to any period prior to the Commencement Date and subsequent to the termination of the Term of this Lease, and Lessee shall pay the portion thereof attributable to any period during the Term of this Lease. Notwithstanding the foregoing, in the case of any special assessment levied upon the Development or any part thereof during the Term of this Lease, Lessee shall be obligated to pay in full at the inception (or provide Lessor sufficient funds which, together with the accrual of investment yield thereon, shall be sufficient to pay to maturity all installments under) the amount of any such special assessment. Nothing in this Section shall limit Lessors fight to recover, as Additional Rent, Taxes and Assessments payable after termination of this Lease pursuant to Section 28 of this Lease. The provisions of this Section 7 shall survive the expiration or earlier termination of this Lease; provided, however, that nothing herein shall obligate Lessee to pay Taxes and Assessments which are both (i) imposed upon the Development subsequent to the termination of this Lease and (ii) applicable to a period or periods subsequent to the termination of this Lease. 7.2. Changes in Method of Taxation. If at any time during the Term of this Lease the methods of taxation prevailing at the commencement of the Term hereof shall be altered so that in lieu of or as a supplement to or as a substitute for the whole or any part of the Taxes and Assessments now levied, assessed or imposed on the Development, there shall be levied, assessed or imposed (i) a tax, assessment, levy, Taxes and Assessments or charge, wholly or partially as a capital levy or otherwise, on the rents received therefrom or (ii) a tax, assessment, levy (including but not limited to any municipal, slate or federal levy), Taxes and Assessments or charge measured by or based in whole or in part upon the Development and/or improvements and imposed upon Lessor, or (iii) a license fee, tax or other similar charge measured by the Rent payable under this lease, then all such taxes, assessments, levies, Taxes and Assessments or charges, or the part thereof so measured or based, shall be deemed to be included within the term "Taxes and Assessments" as defined in Section 7.1 hereof; to the extent that such Taxes and Assessments would be payable if the Development were the only property of Lessor subject to such Taxes and Assessments, and Lessee shall pay and discharge the same as herein provided in respect of the payment of Taxes and Assessments. The payment to be made by Lessee pursuant to this Section shall be made before any frae, penalty, interest or cost may be added thereto for the non payment thereof. Each such tax, assessment, levy, imposition or charge shall be deemed to be an item of Additional Rent hereunder. The parties acknowledge that Lessee, or its sublessee, intends to apply for an exemption from property taxes. Lessor agrees that it will fully cooperate with Lessee's attempts to obtain such exemption. In addition, Lessor covenant that it will not, without written permission of the Lessee, cause or allow any additional encumbrances to attach to the Land that could foreseeably cause to be increased any property tax, possessory interest tax, or bond payment. 7.3. Limitation. Nothing in this Lease shall require Lessee to pay any franchise, capital levy or transfer tax of Lessor or any assessment, charge or levy upon the Rent payable by Lessee under this Lease except to the extent provided in Section 7.2 hereof. 7.4. Right to Contest. Lessee shall have the fight before any delinquency occurs to contest or object to the amount or validity of any Taxes and Assessment by appropriate legal proceedings but this shall not be deemed or construed in any way as relieving, modifying or extending Lessee's covenant to pay any such Taxes and Assessments at the time and in the manner in this Section provided, unless (i) the legal proceedings shall operate to prevent the sale of the Development and/or improvements or any part thereof to satisfy such Taxes and Assessments and to stay any action against Lessor for a personal judgment for such Taxes and Assessments prior to the final determination of such proceedings; or (ii) Lessee shall have provided a good and sufficient undertaking as may be required or permitted by law to accomplish a stay of such proceedings or shall have deposited with Lessor, as security for the payment of such Taxes and Assessments, either money (or United States government securities satisfactory to Lessor) ia an amount sufficient ia the reasonable judgment of Lessor to pay said Taxes and Assessments together with all interest and penalties ia connection therewith, and all charges that may or might be assessed against or become a charge on the Development, or any part thereof; ia said legal proceedings, or a surety bond ia an equal mount written by a surety company satisfactory to Lessor. (Without limiting the generality of the foregoing, if any governmental subdivision shall undertake to create improvement or special assessment districts or other similar funding mechanisms ("Districts"), the proposed boundaries of which include the Development, Lessee shall be entitled to appear ia any proceeding relating thereto and voice Lessees' opinion as to whether or not the Development should be excluded from or included in the Districts, as to the appropriate scope and cost of any proposed public improvements to be funded thereby, and as to the degree of benefit to the Development resulting therefrom. The party receiving any notice or any other information relating to the proposed creation of any Districts shall promptly advise the other party ia writing of such receipt.) Upon the termination of such legal proceedings, Lessee shall deliver to Lessor proof of the amount of any such Taxes and Assessments as finally determined in such proceedings and such moneys or securities so deposited shall be applied to the payment, removal and discharge of said Taxes and Assessments, if any, then payable and the interest and penalties ia connection therewith, and the charges accruing ia such legal proceedings, and the balance, if any, shall be paid to Lessee, provided Lessee is not in default under this Lease, and any deficiency, if any, shall be paid by Lessee. Lessee shall have the right, from time to time, to withdraw securities on deposit with Lessor, pursuant hereto, provided that simultaneously with such withdrawal, Lessee deposits ia substitution therefor cash or other governmental securities of the kind permitted under clause (ii) above and satisfactory to Lessor of a value at least equal to those withdrawn. Coupons on bonds forming part of the securities shall be delivered to Lessee as and when the same mature, provided Lessee is not then ia default hereunder. Lessor shall not be required to join ia any such proceedings unless it shall be necessary for it to do so ia order to properly prosecute such proceedings and Lessor shall have been fully indemnified to its satisfaction against all costs and expenses ia connection therewith, provided, however, that Lessor shall not be subjected to any liability for the payment of any costs or expenses ia connection with any such pro.ceedings brought by Lessee, and Lessee covenants to indemnify and save Lessor harmless from any such costs or expenses. 7.5. Proof of Non-payment. The certificate, advice or bill of the non-payment of any such Taxes and Assessments made or issued by the appropriate official designated by law to make or issue the same or to receive payment of any such Taxes and Assessments shall be prima facie evidence, subject to rebuttal, that such Taxes and Assessments are due and unpaid at the time of the making or issuance of such certificate, advice or bill. 7.6. Filiam. As between the parties hereto, Lessee alone shall have the duty of attending to, making or filing any declaration, statement or report which may be provided or required by law as the basis of or in connection with the determination, equalization, reduction or payment of any and every Taxes and Assessments which is to be borne or paid or which may become payable by Lessee under the provisions of this Section 7 and Lessor shall not be or become responsible to Lessee therefor, nor for the contents of any such declaration, statement or report. Lessor shall cooperate, as necessary, to facilitate such filings. 8. Assi~tmment of Lessee's Leasehold Interest, Transfer of the Development a) The Lessee may not assign its interest in this Lease or sell or tran.qfer the Land except with the written consent of the Lessor. However, the following transfers shall not require the consent of the Lessor: i) any transfer of the Lessee's interest in the Lease and the Development to an Approved Lender ii) any transfer of the Lessee's interest in the Lease and Development to the Foreclosure Transferee, and one subsequent transfer of the Lessee's interest in this Lease and the Development by a Foreclosure Transferee, and, iii) any Wansfer of the Lessee's interest in this Lease and the Development to Cupertino Community Services, a California non-profit corporation, or to Bridge Housing Corporation. b) The Lessee's assignee may admit general parmers only with the written consent of the Lessor. However, the admission of Cupertino Community Services or Bridge Housing Corporation as a general partner shall not require the consent of the Lessor. No Lessor consent is required for a general partner withdrawal upon a permitted general parmer admission. c) The Lessee or Lessee's assignee may admit limited partners without consent of the Lessor, as long as Lessee, or its assignees remain as a general partner under all provision of this Lease. d) The Lessee shall notify the Lessor of the occurrence of a transfer permitted under this section within 5 days after its occurrence and shall promptly deliver to the Lessee all related documentation reasonable requested by the Lessor. e) Upon the assi..gnment of its interests in this lease as prescribed in this paragraph 8, the Lessee shall have no further rights or obligations arising under this lease, it being understood by the parties, that the assignee will assume all such rights and obligations thereunder and that the Lessor shall look solely to the assignee with respect to any performance due under the lease or any provision thereof. 9. Use. Lessee plans to develop and use the Development as an affordable housing project, and this Lease is predicated on this intent. Throughout the Term of this Lease, in the use and occupancy of the Development, Lessee covenants that: 9.1. Compliance with Laws. Lessee shall, and shall require all Sublessees, licensees, and invitees to, comply with all laws, orders, ordinances, rules and regulations of all federal, state, District and municipal authorities regulating the development, use and occupancy of the Development. 9.2. No Waste or Nuisance. Lessee shall not use or permit the use of the Development in any manner that is unlawful or immoral, that will constitute a waste or a nuisance, or that will in anyway interfere with the adjacent property owned by Lessor. 9.3 Security Measures. The parties shall reasonably cooperate to establish security or other measures designed to (i) prohibit unwanted migration of foot or automobiles traffic between the Development and the Fire Station parcel. 9.4 Cleanliness. The parties shall keep their respective lands and structures in neat, clean, litter free, and graffiti free condition. 9.5 Noise. The parties acknowledge that the Lessor has operated a fire station on its property adjoining the Development for several decades, and that the Lessee intends to construct a residential housing project. The parties shall reasonably cooperate to assist in mediating complaints related to noise and operation of a fire station and the Development. 9.6 Activities of the Parties. The parties shall use reasonable efforts to control their activities such that the~e activities shall not cause disruptions to the operations of either the fire station or the Development. Any dispute between the parties under this paragraph shall be submitted to binding arbitration pursuant to paragraph 37 of this Lease. 10. ReDairs and Maintenance. Lessee covenants and agrees, throughout the Term of this Lease, without cost to Lessor, to take good care of the Development and all improvements constructed thereon and to keep the same in good order, condition, and repair and in compliance with all applicable laws, ordinances, regulations and rules apphcable thereto, and shall promptly, at Lessee's own cost and expense, make all necessary repairs, interior and exterior, structural and non-structural, ordinary as well as extraordinary, foreseen as well as unforeseen, to keep the Development and all improvements constructed thereon in a well-maintained, safe, clean and sanitary condition. When used in this Section the term "repairs" shall include replacements or renewals when necessary, and all such repairs made by Lessee shall be at least equal in quality and class to the original work. 10.1 Lessors Rights. If Lessee fails to perform Lessee's obligations under this Paragraph 10, or under any other paragraph of this Lease, Lessor may at its option (but shall not be required to) enter upon the Development after thirty (30) days prior written notice to Lessee (except in the ease of an emergency, in which ease no notice shall be required), perform such obligations on Lessee's behalf and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the maximum rate then allowable by law shall become due and payable by Lessee. 10.2 No Lessor Obligations. Except for the obligations of Lessor under Section 20 (relating to destruction of the Development) and under Section 26 (relating to condemnation of the Development), it is intended by the parties hereto that Lessor have no obligation, in any manner whatsoever, to repair and maintain the Development nor to repair or replace any buildings located thereon nor the equipment therein, whether structural or non structural, all of which obligations are intended to be that of the Lessee. Lessor shall have no obligation to repair or replace any part of the Development as a result of any patent or latent defect in the Development, Lessee having assumed responsibility for all such matters. 11. Development of Improvements 11.1 Commencement of Construction. Subject to paragraph 29 (force majuere), the Lessee shall commence construction of improvement no later than June, 2002, unless such date is extended by Lessor in writing. 11.2. Completion of Construction. The Lessee shall prosecute diligently to completion the construction of the Improvement, and shall complete construction by twenty-four (24) months after commencement, subject to paragraph 29. 11.3 Construction Pursuant to Permits. The Improvements shall be constructed in accordance with the terms and conditions, of the City of Cupertino's land use permits and approvals and building permits. 11.4 Permits, Licenses and Easements. Within ten (10) days after receipt of written request from the Lessee, the Lessor shall (at no expenses to it) inexecute any and all applications for permits, licenses or other authorizations required by any governmental or other body claiming jurisdiction, ia connection with any work that the Lessee may do pursuant to this Lease or the operation of the Development, and shall also grant easements for public utilities useful or necessary to the property construction of the Improvements or the operating of the Development. 12. Parcel Map/Lot Line Adjustment. Lessor agrees that, as soon at~er the date on which this Lease is executed as is possible, Lessor shall, record a parcel map ("Map") or such other documents as may be required to effect (i) a subdivision of the Land, and (ii) an adjustment of the boundaries between the Lessee Land and the District Land ("Lot Line Adjustment"), in substantially the manner depicted on Exhibit E hereto. 13. Entrance Sign. Lessee may, at its expense, design and install signage, of size, design, and content, and in conformity with local ordinances pertaining thereto. Throughout the Term of this Lease Lessee shall, at its sole cost and expense, maintain in good condition and repair, the signage and all appurtenances thereto. 14. Limitations. Lessee shall not permit any odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Development which would constitute a nuisance or would disturb, obstruct or endanger the owners or occupants of neighboring properties. Lessee shall not use or allow the Development to be used for any immoral, improper or unlawful purpose, nor shall Lessee cause or maintain or permit any nuisance in, on or about the Development. No waste, materials or refuse shall be dumped upon or permitted to remain outside the Development except in trash containers placed inside exterior enclosures. 15. Lessee Improvements. Lessee may, at its sole cost and expense, after the Commencement Date, construct or cause to be constructed on the Development improvements including, but not limited to, buildings, roadways, sidewalks, fences, parking areas, utilities, signs, monuments and landscaping, hereinat~er referred to as "Lessee Improvements." 15.1. Requirements. In regard to the Improvements and to any other improvements constructed on the Development consistent with the provisions of this Lease: 15.1.1. Prior to construction or major repair, renovation or demolition of any improvements on the Development, Lessee shall obtain the prior written consent of Lessor. Lessee shall submit to Lessor the final plans and specifications therefor and schedule for completion thereof. Any plans or specifications submitted to Lessor for approval shall be deemed approved by the Lessor if written approval or disapproval thereof is not given by Lessor within twenty (20) days after such submission. Lessor shall not unreasonably disapprove plans and specifications. 15.1.2 Bonds. 15.1.3 Performance Bond. During any period of construction or installation or otherwise authorized, Lessee shall provide to District a performance bond in an amount of not less than one hundred twenty-five percent (125%) of the cost of the Lessee Improvement to be performed as evidenced by construction contracts for all work, naming the District and Lessee as beneficiaries and obligees issued by a corporate surety admitted to conduct business as a surety in the State of C .alifornia and acceptable to District. 15.1.4 Payment Bond. During any period of construction or installation or otherwise authorized, Lessee shall provide a payment bond in an amount of not less that one hundred (100%) of the cost of the Lessee Improvement to be performed as evidenced by construction contracts for all work, naming the District and Lessee as beneficiaries and obligees issued by a corporate surety admitted to conduct business as a surety in the State of California and acceptable to District. The payment bond shall also inure to the benefit of claimants, as said term is presently defined by Section 3085 of the California Civil Code, or may hereal~er be amended, so as to give such claimants a right of action to recover thereon in any suit brought to foreclose liens provided for in Title 15 of Part 4, of Division 3 of the California Civil Code or in a separate suit brought upon the bond. The condition of the bond shall be such that ii'Lessee shall well and truly pay, or cause to be paid, all claims for labor, materials, appliances, or power, or either or all performed, furnished or contributed in connection with said works of improvement, then surety shall no longer be bound thereon. Said bond shall be maintained in full force and effect until all claims for labor, materials, appliances, or power have been paid, as evidenced by release of mechanic's liens by all claimants and the expiration of all periods for the proper filing of mechanics' liens. 15.1.5. Not less than thirty (30) days prior to the construction or major repair, renovation or demolition of any improvements on the Development, Lessee shall provide Lessor with information regarding the contractor's financial condition and evidence to Lessor's reasonable satisfaction that adequate funds to complete .the improvements are committed and available or that completion has been otherwise adequately assured. Such assurances shall include a bond, completion guarantees, additional Security Deposit, or any combination thereof. No construction shall commence until Lessor has given Lessee written acceptance of such assurances. 15.1.6. Lessee shall give Lessor fffieen (15) days' prior written notice before commencing any work of improvement on the Development so that Lessor may post such notices of non-responsibility with respect thereto as Lessor may deem appropriate; 15.1.7. Not less than fifteen (15) days prior to the construction, major repair, renovation or demolition of any improvements on the Development, Lessee shall provide Lessor with sufficient evidence that it has obtained all required approvals and permits for the work and that Lessee or Lessee's contractor(s) has in effect, with premiums paid, adequate casualty and liability insurance (including builder's risk) coverage~ and workers compensation; 15.1.8. Upon commencement of construction of any improvements, Lessee shall cause the work to be diligently pursued to completion, subject to unavoidable delays caused by supply shortages, strikes or acts of God; 15.1.9. Any construction or repair described in Section 15.1.5 performed by or for Lessee on the Development shall be done by a licensed general contractor who furnishes evidence of all worker's compensation insurance to Lessee and to Lessor prior to commencement of any work. 15.1.10. All work on improvements shall be performed in a sound and workmanlike manner, in compliance with the applicable laws and building codes, and without unreasonable disturbance of the activities conducted on the adjoining properties. 15.1.11. Lessor or Lessor's agent shall have a continuing right at all times during the period that improvements are being consu~cted on the Development to enter the Development and to inspect the work provided that such entries and inspections do not unreasonably interfere with the.progress of the construction. Lessor and Lessor's agents in entering and inspecting the premises shall comply with all applicable safety and conduct rules of the site. Lessee shall require its contractors and the contractors of any Sublessees who construct improvements on the Development to reasonably cooperate with Lessor or its agent in such inspections. In connection with any entry by Lessor or Lessor's agent pursuant to this Subsection 15.1.11 Lessor covenants and agrees to defend (by coun,~el reasonably acceptable to Lessee), indemnify, and hold harmless Lessee and its officers, directors, and employees, from and against any and all damage, loss, liability or expense, including, without limitation, reasonable attorneys' fees and costs, which arises as a result of damage to property or injury to persons caused by the negligence or willful misconduct of Lessor or its agent; 15.1.12. Within ninety (90) days after completion of construction of any work of improvement or major repair on the Development, Lessee shall deliver to Lessor one (1) full and complete sets of as-built plans for the work so completed; 15.1.13. Lessor shall cooperate to the extent of Lessor's authority, with Lessee by executing such applications for use permits, building permits, zoning applications, etc. necessary for the operation of Lessee's business as may be reasonably required to complete Lessee improvements, however, no costs shall accrue to or be borne by Lessor. 15.1.14.. Lessee shall at its sole cost and expense, throughout the term of this Lease, to be provided with all public utilities on a separately metered or charged basis including electricity, water, gas, sewer, telephone, and refuse disposal, and pay or cause to be paid to all providers thereof; when due, all charges and deposits required to maintain such utility service on a current basis. Upon termination of this Lease, the Development shall be surrendered to Lessor with such utilities so provided. 15.1.15. No consent or approval by Lessor pursuant to this Section 15.1 shall be deemed or construed as a waiver of any of Lessors rights under this Lease except as such may be expressly set forth in writing by Lessor in any such consent or approval. No inspection by Lessor or Lessors agent pursuant to this Section 15.1 shall constitute acceptance of any condition of the Development or be construed as an acknowledgment by Lessor of Lessee's compliance with the provisions of this Lease. 16. Compliance With Laws. 16.1. Governmental Requirements. During the Term of this Lease, Lessee, at its sole cost and expense, shall promptly comply with all requirements of all federal, state and municipal governments, agencies, courts, commissions, boards, or any other body exercising functions similar to those of any of the foregoing, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Property. 16.2. Right to Contest. Lessee shall have the right to contest by appropriate proceedings diligently conducted in good faith, in the name of Lessee, without cost or expense to Lessor, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in Section 16.1. If compliance with any such law, ordinance, order, rule, regulation or requirement may legally be delayed pending the prosecution of any such proceeding without the incurrence of any lien, charge or liability of any kind again.qt Lessor, the Development, or Lessee's interest therein and without subjecting Lessee or Lessor to any liability, civil or criminal, for failure so to comply therewith, Lessee may delay compliance therewith until the final determination of such proceeding. 16.3. Lessors Cooperation. Lessor shall cooperate with Lessee in any contest referred to herein, provided that Lessor shall not be required to join in any proceedings referred to in this Section unless the provisions of any applicable law, role or regulation at the time in effect shall require that such proceedings be brought by and/or in the name of Lessor, in which event Lessor shall join in the proceedings or permit the same to be brought in its name if Lessee shall pay all expenses in connection therewith. 17. Hazardous Materials. Lessor and Lessee agree as follows with respect to the existence or use of. Hazardous Materials on the Development. 17.1. Def'mition. As used herein, the term "Hazardous Materials" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term "Hazardous Materials" includes, without limitation, petroleum products, asbestos, PCB's, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 1 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ii) defined as a "hazardous waste" pursuant to Section (14) of the federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. (42 U.S.C. 6903), or (iii) defined as a "hazardous substance" pursuant to Section 10 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq. (42 U.S.C. 9601). As used herein, the term "Hazardous Materials Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control. Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Material. , 17.2 Hazardous Materials Lessee shall not cause or knowingly permit any Hazardous Material to be generated, brought onto, used, stored, or disposed of in or about the Development and Lessee Improvements by Lessee or its agents, employees, contractors, Sublessees, or invitees, except for limited quantifies of standard janitorial office and household supplies (which shall be used and stored in strict compliance with Environmental Laws). Lessee shall comply with all Environmental Laws. 17.3. Responsibility_ of Lessee. From and after the Commencement Date, Lessee shall be solely responsible for all environmental matters affecting the Development and any Lessee Improvements. Lessee has been afforded the opportunity to enter the Development for the purpose of conducting tests, engineering studies, to satisfy itseff of the condition of the Development with respect to Hazardous Materials.. 17.4 Responsibility of the Lessor. It is recogni~.ed by the parties that Lessor shall deliver the property to Lessee free of known Hazardous Materials. Lessee hereby accepts the findings and conclusions of the Environmental site assessment prepared for the Lands by E2C, Inc. for Jackson, Tuffs, Cole and Black dated October 14, 1994 (Phase 1) together with the reinspection results referred to in the conclusions and recommendations section of the report and a Phase II report, if any exists. 17.4.1. Any handling, tran.qportation, storage, treatment, disposal or use of Hazardous Materials in or about the Development or Lessee Improvements by any person or entity shall.be the responsibility of Lessee and shall strictly comply with all applicable Hazardous Materials Laws and the provisions of this Lease. 17.4.2 The Lessee shall not knowingly permit the Development or any portion thereof to be a site for the use, generation, treatment, manufacture, storage, disposal or transportation of hazardous materials or otherwise knowingly permit the presence of hazardous materials in, on or under the Development. 17.4.3. It shall be the duty of Lessee to insure that the Development and Lessee Improvements is at all times in strict compliance with all Hazardous Materials Laws and that all activities conducted in or about the Development and Lessee Improvements comply in every respect with all applicable Hazardous Materials Laws including, but not limited to, all notification, record keeping, and maintenance requirements of such Laws. 17.4.4. The Lessee shall keep and maintain the Development or any portion thereof in compliance with, and shall not cause or permit the Development or any portion thereof to be in violation of, any hazardous materials laws. 17.4.5. Lessee shall have and discharge all of the duties and obligations of the owner of the Development and Lessee Improvements under applicable Hazardous Materials Laws, including, but not limited to, response and remediation; and 17.4.6. Upon receiving actual knowledge of the fotlowinlg the Lessee shall immediately advise the Lessor in writing of: A. Any and all enforcement, cleanup, removal, or other governmental or regulatory actions institutes, completed or threatened against the Lessee or the Development pursuant to any applicable hazardous materials laws. B. Any and ali claims made or threatened by any third party against the Lessee or the Development relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any bA~,ardous materials (the matters set forth in the foregoing paragraphs A and B are hereinafter referred to as "Hazardous Materials Claims"); 16 C. The Lessee"s discovery of the presence of any hazardous materials in, on, or under the Development; or D. The Lessee's discovery of any hazardous materials on any property adjoining or in the vicinity of the Development, which Lessee reasonably believes may impact the Development. If the Lessor reasonably believes that the Lessee is not acting prudently and with diligence, or if the Lessor otherwise reasonably believes that its interests are not adequately protected, then the Lessor shall have the right to join and participate in, as a party, if it so elects any legal proceeding or actions initiated in connection with any hazardous materials claims. 17.4.7. Without the Lessor's prior written consent, which shall not be unreasonably withheld, the Lessee shall not take any remedial action in response to the presence of any hazardous materials on, under, or about the Development (other than in emergency situations or as required by governmental agencies having jurisdiction), not enter into any settlement agreement, consent decree, or other compromise in respect to any hazardous materials claims. 17.5 Indemnification. Lessee shall indemnify, defend upon demand with counsel reasonably acceptable to Lessor, and hold harmless Lessor from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fmcs, monetary sanctions, attorneys' fees, experts fees, court costs, remediation .costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the use, storage, treatment, transportation, release, disposal, or presence from any cause or source whatsoever of Hazardous Materials on or about the Development and any Lessee Improvements. 17.6. Lessee Action. If the presence of Hazardous Materials on the Development and any Lessee Improvements (from any source whatsoever) results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such contamination, and if the owner or operator of the Development and Lessee Improvements is responsible therefor under applicable law then Lessee shall, at its sole cost and expense, promptly take any and all action necessary to investigate and remediate such contamination if required by law or as a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Development and Lessee Improvements or any pan thereof Lessee shall further be solely responsible for, and shall defend, indemnify and hold Lessor and its agents harmless from and against, all claims, costs and liabilities, including attorneys' fees and costs, arising out of or in connection with any investigation and remediation required hereunder to return the Development and Lessee Improvements to full compliance, with all Hazardous Materials Laws. 17.7. Notice. Lessor and Lessee shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Development and Lessee Improvements, and (ii) any contamination of the Development and Lessee Improvements by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Lessee and Sublessees may use small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct their business on the Development and Lessee Improvements and such other Hazardous Materials as are necessary for the operation of their respective business of which Lessor receives notice prior of such Hazardous Materials being brought Onto the Development and which Lessor consents in writing may be brought onto the Development. As a condition to its consent, Lessor may require from Lessee or any Sublessee additional security and/or indemnification again.qt potential claims or losses resulting from the presence or use of such Hazardous Materials at the Development and Lessee Improvements. At any time during the Term, Lessee shall, within thirty (30) days after written request therefor received from Lessor, disclose in writing all Hazardous Materials that are being used by Lessee or Sublessees on the Development and Lessee Improvements, the nature of such use, and the manner of storage and disposal. 17.8. Monitoring Wells. In the event that Lessor has reason to believe that Hazardous Materials may be present on the Development and Lessee Improvements, Lessor may require that, at Lessee's expense, testing wells be installed on the Development, at locations determined by Lessor and Lessee, and may cause the ground water to be tested to detect the presence of Hazardous Materials by the use of such tests as are then customarily used for such purposes. Lessee shall comply promptly with any such request, ff said tests establish no toxic contamination above acceptable levels, the Lessor shall reimburse Lessee for all expenses associated with said testing. 17.9. Survival: The obligations of Lessee under this Section 18 shall survive the expiration or earlier termination of this Lease. The rights and obligations of Lessor and Lessee with respect to issues relating to Hazardous Materials are exclusively established by this Section. In the event of any inconsistency between any part of this Lease and this Section, the terms of this Section shall control, provided, however, that in the event that this lease is assigned under the provisions of Section 8 of this lease, the rights and obligations of the Lessee are extinguished and the Lessor shall look solely to the assignee for any performance under Section 17. Notwithstanding any provision to the contrary herein, Lessee shall not be Liable under Section 17 for Hazardous Materials which are shown to have existed on the site prior to Lessee's taking of possession under this lease nor shall the Lessee be liable to the Lessor under Section 17 for Hazardous Materials which can be shown to have migrated on to the site fi-om other properties after the expiration of this lease. 18. Liens. 18.1. Lessee to Discharge. During the Term of this Lease, Lessee shall not permit to remain, and shall promptly discharge by payment, deposit, bond or otherwise, at its cost and expense, all mechanics' liens, encumbrances and charges (other than liens, encumbrances and charges created by Lessor or a Leasehold Mortgage), or any other lien, encumbrance, or charge arising out of any matter the payment or performance of which is an obligation imposed upon Lessee under this Lease or otherwise, upon the Development and Lessee Improvements or which would encumber Lessors reversionary interest in the improvements, or any part thereof, upon termination of this Lease. Lessee shall, however, have the right to contest with due diligence the validity or amount of any lien or claimed lien, if Lessee shall give to Lessor such security as Lessor may reasonably require to insure payment thereof and prevent any sale, foreclosure or forfeiture of the Development or Lessors reversionary interest in the improvements, or any portion thereof; by reason of such nonpayment. On final determination (following exhaustion, waiver or expiration of all fights of appeal) of such lien or claim for lien, Lessee shall immediately pay any judgment rendered with all proper costs and charges and shall have the lien released or judgment satisfied at Lessee's own expense, and if'Lessee shall fail to do so, Lessor may at its option pay any such final judgment and clear the Development or Lessors reversionary interest in the improvements therefrom and charge Lessee for the cost thereof. For purposes of this Section 19.1, Lessor agrees that a lien release bond by Lessee as principal given in accordance with the requirements of the California Civil Code shall constitute adequate security to allow Lessee the right to contest a lien. 18.2. No Liens On Development. Nothing herein or elsewhere in this Lease shall imply any consent or agreement on the part of Lessor to subject its estate in the Development to liability under any mechanics' lien law or to any contractor or laborer for work performed. 19. Insurance. II'the City is the Lessee, then the City may fulfill its insurance obligations by self-insurance. Upon assignment by Lessee to any assignee, and upon the condition that the District receives notice of said assignment, the assignee shall at its own expense, provide and maintain the following insurance coverage in full force and effect throughout the term of this lease: 19.1. Evidence of Coverage Prior to commencement of this lease, Lessee shall provide a Certificate of Insurance certifying that coverage as required has been obtained. Individual endorsements executed by the insurance carrier may be substituted for District's Special Endorsement form if they provide the coverage as required. In addition, a certified copy of the policy or policies shall be provided by Lessee upon request. A periodic review/change of insurance requirements may be made every five years to ensure that appropriate coverage to standards of the County of Santa Clara, to which the District adheres. 19.2. Qualifying Insurers All policies shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A V, according to the..current Best's Key Rating Guide, unless otherwise approved by County's Insurance Manager. 19.3. Insurance Required 20.3.1. Commercial General Liability_ Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence - $5,000,000 b. General aggregate - $5,000,000 c. Pwducts/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000 A minimum of 50% of' each of the aggregate limits must remain available at all times unless coverage is project specific. 19.3.2. General liabiliw coverage shall include: a. Development and Operations b. Products/Completed c. Contractual liability, expressed including liability assumed under this Agreement. d. Personal Injury liability e. Owners' and Contractors' Protective liability f. Severability of interest 19.3.3. General liability coverage shall include the following endorsements, copies of which shall be provided to the District: 19.3.3.1 Additional Insured Endorsement: Insurance afforded by this policy shall also apply to.the District, and members of the Board of Supervisors of the District which serves as its governing Board, and the officers, agents, and employees of the Dis~ict, individually and collectively, as additional insurers. 19.3.3.2 Notice of Cancellation or Change of Coverage Endorsement: Insurance afforded by this policy shall not be canceled or changed to as to no longer meet the specified District insurance requirements without 30 days' prior written notice of such can.cellation or change being delivered to the District. 19.3.4. Automobile Liability Insurance. For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. 19.3.5. Workers' Compensation and Employer's liability insurance. 19.3.5.1. including broad form all-states coverage. 19.3.5.2. Statutory California Workers' Compensation coverage Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. 19.3.6. Lessee shall maintain Property Insurance coverages specified respectively for both and for Lessee Improvements, when constructed, as follows: 19.3.6.1. Lessee shall maintain Fire Legal Liability on all Lessee Improvements, including improvements and betterments owned by Lessee, at replacement cost value, and shall name District as loss payee. Lessee shall also provide fire insurance on all personal property owned by the Lessee contained within or on the leased Development. The policy shall be written on a standard "all risk" contract, excluding earthquake and including flood (for property located in a 100 year flood plain). The contract shall insure for not less than ninety (90) percent of the actual cash value of the personal property, and Lessee shall name Dislrict as an additional insured. 19.3.7. Boiler and machinery insurance, including air tanks, pressure piping and major air conditioning equipment provided the improvements contain equipment of the nature ordinarily covered by such insurance and for an amount not less than $1,000,000 and with not more than $50,000 deductible from the loss payable for any casualty; 19.3.8. Such other insurance and in such amounts, as may from time to time be reasonably required by Lessor or by a Leasehold Mortgagee, and which is reasonably available at normal commercial rates, again.et the same or other insurable hazards which at the time are commonly insured against in the case of Development similarly situated, with appropriate deductible amounts from time to time redetermined and with due regard being given to the height and type of buildings on the Development and their construction, use and occupancy. 19.4. Waiver of Subrogation. Except as may be specifically provided for elsewhere in this lease, District and the Lessee hereby each mutually waive any and all rights of recovery from the other in event of damage to the Development or propemy of either caused by acts of God, perils of fire, lightning, and all other all-risk perils as defined in insurance policies and forms approved for use in the state of California. Each party shall obtain any special endorsements, if required by their insurer, to evidence compliance with the aforementioned waiver. 19.5 Indemnification. If Lessee is the City of Cupertino, then ha lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government code Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the Lessor and Lessee agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government code Section 810.8) occurring by. reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officer, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement for the term of this Agreement. If Lessee is not the City of Cupertino, then each party shall indemnify, reimburse, hold harmless and defend the other from any and all liability, damages, loss costs, a and obligations, including, but not limited to, court costs and reasonable attorney's fees arising out of any claim, suit judgment, loss or expense occasioned by, but not limited to, injury or death of any person or persons, or loss or damage to any property, arising from the act or omission of that party, or those of its officers, agents, contractors, sublessees, employees, invitees, and assigns. 19.6. Loss Payable Endorsement. All policies of casualty insurance required to be furnished by Lessee pursuant to this Section 19 may have attached thereto the Lender's Loss Payable Endorsement (Form 438BFU NS), or its equivalent, for the benefit of any Leasehold Mortgagee, and each Leasehold Mortgagee may be named as an additional insured under all liability policies. 19,7. Compliance. Lessee shall observe and comply with the requirements of all policies of public liability, fare and other policies of insurance at any time in force with respect to the Development and Lessee Improvements and Lessee shall so perform and satisfy the requirements of the companies writing such policies such that at all times companies of good standing shall be willing to write or to continue such insurance. 19.8. Insurance Unobtainable. If any of the insurance provided for in this Section 19 should, after diligent effort by Lessee, be unobtainable through no act or omission on the part of Lessee, and if Lessee shall in such case obtain the maximum insurance obtainable and promptly give notice to Lessor of the extent of Lessee's inability to obtain any insurance required to be maintained hereunder, then the failure of Lessee to procure and maintain such insurance as is unobtainable as aforesaid shall be excused so long as Lessee provides Lessor with such additional security against the uninsured or partially insured loss as is reasonably required by Lessor. 20. Damage or Destruction. For purposes of this Paragraph 20 the term "Iroprovements" refers collectively to any Lessee Improvements. In the event of any damage to or destruction of the Improvements located on or appur Lessee to the Development during the Term of this Lease the following provisions shall apply: 20.1. Restoration. Subject to the terms and conditions of any Leasehold Mortgage, Lessee shall promptly and diligently restore and rebuild all Improvements pursuant to this Paragraph 20 as nearly as possible to their condition immediately prior to such damage or destruction. In connection with the negotiation of any Leasehold Mortgage, Lessee shall use reasonable good faith efforts to obtain the agreement of the Leasehold Mortgagee that, in the event said Leasehold Mortgagee receives insurance proceeds as a result of damage to or destruction of the improvements, which it otherwise would be entitled to retain, the Leasehold Mortgagee shall advance such funds to Lessee for the purpose of accomplishing any restoration and rebuilding required under this Section, provided that Lessee is not then in default under the Leasehold Mortgage. 21. Approved Loans 21.1 Loan Obligation Nothing contained in this Lease shall relieve the Lessee of its obligations and responsibilities under any Approved Loans to operate the Development as set forth in the applicable Approved Loan documents. 21.2 Liens and Encumbrances Against Lessee's Interest in the Leasehold Estate. a) Lessee shall have the fight to encumber, without the consent of Lessor, the leasehold estate created by this Lease and the Improvements with the following: i) a deed of trust securing a construction loan from a commercial bank in a total amount not to exceed $1.8 million dollars. ii)a deed of trust securing a bridge loan from the City of Cupertino in a total amount not to exceed $1,000,000. iii) a deed of trust securing a loan from the Federal Home Loan Bank not to exceed $150,000. iv) a deed of trust securing Santa Clara County Home Funds and CDBG not to exceed $100,000. And CDBG for $300,000. v) a deed of mast securing a loan from Silicon Valley Manufacturers Housing Trust Fund or other affordable housing below market lender not to Exceed $250,000. vi) Regulatory Agreement of Approved Lenders and of the California Tax Credit Allocation Committee. b) The Lessee shall not have the right, without Lessor's consent, to encumber the Lessor's interest in the Land and the Improvements. If the Lessor so consents, then the encumbrance documents, must state that the Lessor's liability is limited to the real property security for the loan, and that the Lessor is not liable for repayment of such loan or any other borrower obligation, and that the Lessor shall have the notice and cure rights described in paragraph 21.2c. SubjeCt to the conditions in the previous sentence, the Lessor agrees to encumber its interest in the Land and Improvements to secure the loans described in paragraphs 21.2(aXi). c) For as long as there is any Lien securing any Approved Loans: i) The Lessor shall not agree to any mutual termination or accept any surrender of this Lease, nor shall the Lessor consent to any amendment or modification of this Lease without prior written consent of all Approved Lenders which have an outstanding Approved Loan. ii) Notwithstanding any default by the Lessee under this Lease, the Lessor shall have no right to terminate this Lease unless the Lessor has given all Approved Lenders identified in 21.2, Lender(s) or tax credit investor limited partners for which Lessee has provided the Lessor with written notice, or any other lender or successor for which Lessee has provided written notice to Lessor which have an outstanding Approved Loan written notice of such default and such Approved Lenders have failed to remedy such default or acquire the Lessee's leasehold estate created by this Lease or commence foreclosure or other appropriate proceedings as set forth in, and within the time specified by, paragraphs below, as applicable. If the Lessor shall accept the offers to cure in the following order: first, the Lessee or its limited partner, then each Approved Lender in the relative priority of their respective deeds of trust or mortgages. iii) Any Approved Lender or tax credit investor limited partners which has an outstanding Approved Loan or equity investment shall have the fight, but not the obligation, at any time to pay any or all of any other act or thing required of the Lessee by the terms of this Lease, to prevent termination of this Lease. Each Approved Lender shall have ninety (90) days at~er receipt of notice from the Lessor describing such default to cure the default. All payments so made and all things so done shall be as effective to prevent a termination of this Lease as the same would have been if made and performed by the Lessee instead of by the Approved Lender(s). iv) In addition to the cure period provided in paragraph (iii) above, if the default is such that possession of the Development may be reasonably necessary to remedy the default, any Approved Lender or investor which has an outstanding Approved Loan or equity investment shall have a reasonable time after the expiration of such ninety (90) days period within which to remedy such default, provided that (A) such Approved Lender or investor has fully cured any default in the payment of any monetary obligations of the Lessee under this Lease within such ninety (90) day period and shall continue to pay currently such monetary obligations when the same are due, 03) such Approved Lender or investor has acquired the Lessee's leasehold estate hereunder or commenced for~eclosure or other appropriate proceedings prior to or within such period, and shall be diligently prosecuting the same; and (C) af~er gaining possession of the Development, the Approved Lender or investor has cured all non-monetary defaults capable of cure by the Approved Lender or investor and performed all obligation of the Lessee capable of performance by the Approved Lender or investor when the obligations are due. v) Any default under this Lease which by its nature cannot be remedied by any Approved Lender or investor shall be deemed to be remedied if(A) within ninety (90) days after receiving written notice from the Lessor describing the default, or prior thereto, any Approved Lender or investor has acquired the Lessee's leasehold estate or commenced foreclosure or other appropriate proceedings, 03) the Approved Lender or investor diligently prosecutes any such proceedings to completion, (C) the Approved Lender or investor hereunder which does not require possession of the Development, and (D) after gaining possession of the Development, the Approved Lender or investor performs all other obligations of Lessee hereunder capable of performance by the Approved Lender or investor when the obligations are due. vi) If Approved Lenders or investor are prohibited, stayed, or enjoined by any bankruptcy, insolvency, or other judicial proceedings involving the Lessee from commencing or prosecuting foreclosure or other appropriate proceedings, then the times specified for commencing or prosecuting such foreclosure or other proceedings shall be extended for the period of such prohibition, so long as the Approved lender or investor claiming the extension has fully cured any default in the payment of any monetary obligations of Lessee under this Lease, continues to pay currently such monetary obligations when the same fall due, and does not interfere with the Lessor's efforts to seek compliance by the Lessee with any non-monetary obligation under this Lease. vii) The Lessor shall mail or deliver to any Approved Lenders or investor which have any outstanding Approved Loan or investment a duplicate copy of all notices which the Lessor may from time to time give to the Lessee pursuant to this Lease. No notice by the Lessor to the Lessee shall be effective unless and until a copy of the notice has been delivered to such Approved Lenders or investor. viii) In the event any Foreclosure Transferee becomes the Lessee under this Lease by means of foreclosure or deed in lieu of foreclosure or pursuant to any new lease obtained under subsection (ix) below, that Foreclosure Transferee shall be personally liable under this Lease or such new lease only for the period of time that the Foreclosure Transferee remains the lessee. Nothing in this section obligates any Foreclosure Transferee to remedy any default of the Lessee, and any failure of any Approved Lender or investor to complete any such cure after commencing the same shall not give rise to any liability of the Approved Lender or investor to the Lessor or the Lessee. ix) If a Foreclosure Transferee becomes the legal owner of the leasehold estate, and upon written request by the Foreclosure Transferee within sixty (60) days after becoming the legal owner of the leasehold estate, the Lessor shall enter into a new lease of the Land with the Foreclosure Transferee for the remainder of the Lease Term with the same agreements, covenants, reversionary inte_rests, and conditions (except for any requirements which have been fulfilled by the Lessee prior to termination) as are contained in this Lease and with priority equal to this Lease, so long as the Foreclosure Transferee promptly cures any defaults by the Lessee susceptible to cure by the Foreclosure Transferee. x) If the Lease is terminated by a banleruptcy proceeding, foreclosure, or by other operation of law, then the Lessor shall, upon request by an Approved Lender or investor, execute a new lease of the Land to the Approved Lender or investor or other tmnnferee, as the case may be, on the same terms and conditions as this Lease, except that the term will commence on the date of the new lease and will continue for the remaining unexpired term of this Lease. If the Lessor receives conflicting requests for a new lease of the Land, then the Lessor shall execute a now lease of the Land with the requesting Approved Lender or investor having the most senior deed of trust. xi) The Lessor shall cooperate in including in this Lease by suitable amendment from time to time any provision which may reasonably be requested by any proposed leasehold mortgagee for the purpose of implementing the mortgagee-protection provisions contained in this Lease and allowing such leasehold mortgagee reasonable means to protect or preserve the lien of the leasehold mortgage and the value of its security. The Lessor shall execute and deliver (and to acknowledge, if necessary, for recording purposes) any agreement necessary to effect any such amendment, so long as such amendment does not in any way affect the Lease Term or rent under this Lease or otherwise in any material respect adversely affect any fights of the Lessor under this lease or the Lessor Loan Doo,ments. xii) Notwithstanding anything to the contrary contained in this Paragraph (c), to effect a cure of a default by Lessee, an Approved Lender or investor shall not be required to pay any accrued rent or interest thereon. d) In the event any mortgage or deed of trust to which this Lease is subordinate is foreclosed or deed in lieu of foreclosure is given to the mortgagee or beneficiary, this Lease shall not be barred, terminated, cut off, or foreclosed. Neither shall the rights and possession of Lessee under this Lease be disturbed, if Lessee is not then in default in the payment of rental and other sums due under this Lease or otherwise in default under the terms of this Lease, and if Lessee attoms to the purchaser, grantee, or ground lessor or, if requested, enters into a new lease for the balance of the term of this Lease on the same terms and provisions contained in this Lease. 21.3 Cost of Approved Loans to be Paid by Lessee. The Lessee shall bear all of the costs and expenses in connection with (a) the preparation and securing of the Approved Loan.q, (b) the delivery of any instruments and documents and their filing and recording, if required, and (c) all taxes and charges payable in connection with the Approved Loans. 21.4 Proceeds of Approved Loans. .. All Approved Loan proceeds shall be paid to and become the property of the Lessee, and the Lessor shall have no right to receive any such Approved Loan proceeds. 26 21.5 Notice and Right to Cure Defaults Under Approved Loan. In the event of default by the Lessee under an Approved Loan, notice shall be given to the Lessor at the same time given to the Lessee, and the Lessor shall have the right, but not the obligation, to cure the default with the same cure period provided to the Lessee under the applicable Approved Loan Documents. Any payments made by the Lessor to cure a default shall be treated as rent due from the Lessee, which shall be paid within (30) days of the date on which the payment was made by the Lessor. 22. Subleases 22.1 Provided Lessee is not then in default under this Lease, Lessee shall have the right, at any time during the Term hereof, and from time to time, with the prior written consent of Lessor, which consent shall not be unreasonably withheld or delayed, to sublet all or any portion of the Improvements provided that: (a) each such Sublease shall be subject to each and all of the covenants, conditions, restrictions, and provisions of this Lease, (b) Lessor shall have no obligation to accept the attornment of any Subleassee except upon termination of this Lease, (c) without Lessor's approval, Lessee shall not accept more than one (1) month's rent in advance from any Sublessee, (d) no Sublease shall extend beyond the Term of this Lease without Lessor's express consent thereto which may be withheld in Lessor's sole and absolute discretion, (e) a full, mae, and complete copy of; every Sublease and of all amendments or modifications thereto shall be delivered to Lessor not late than ten (10) days alter the execution thereof by the parties thereto. This section does not apply to individual residential lease to-~Tenants as defined in Section 1.6(o) of this lease. 22.2 Lessor hereby acknowledges Lessee's authority, so long as this Lease is in full force and effect and Lessee is not in default hereunder, to act as Sublessor under all furore Subleases including, but not limited to, Lessee's authority to collect rents, to enforce the performance by Subtenants of their obligations thereunder and to retain any security deposits. In no event shall Lessor be liable to any Subtenant for the credit or remm of any security deposit unless Lessee shall have paid and delivered said security deposit to Lessor 22.3 Without limiting the reasons for Lessor's refusal to consent to a Sublease, Lessor may refuse to consent to a Sublease to'a Subtenant whose contemplated use of the Premises is not permitted by this Lease. 23. Defaults and Remedies. 23.1. Events of Default. Any one or more of the following events shall constitute an "event of Default": 23.1.1. Failure to pay rent, as required pursuant to paragraph 4 or any other monetary obligations of the Lessee under this Lease, and continuance of such failure for a period of thirty (30) days after receipt by the Lessee of written notice specifying the non-payment. 27 23.1.2. Failure of the Lessee to observe and perform any other covenant, condition or agreement hereunder on its part to be performed, and A) continuance of such failure for a period of sixty (60) days alter receipt by the Lessee of written notice of such default or B) if by reason of the nature of such default the same cannot be remedied within such (60) days, the Lessee fails to proceed with reasonable diligence after receipt of such notice to cure the same: or 23.1.3. The Lessee's abandonment of the Land for the period of time required for such abandonment to be legally recognized as such under California law; or 23.1.4. A general assi~t, nment for the benefit of creditors; or 23.1.5. The filing of a voluntary petition by the Lessee, or the filing of an involuntary petition by any of the Lessee's creditors, seeking the rehabilitation, liquidation or reorganization of the Lessee under any law relating to bankruptcy, insolvency or other relief of debtors, provided that in the case of an involuntary petition Lessee shall have sixty (60) days to cause such petition to be withdrawn or dismissed. 23.1.6. The appointment of a receiver or other custodian to take possession of substantially all of the Lessee's assets or of this leasehold, which appointment is not withdrawn or dismissed within sixty (60) days, excluding any receivership initiated by an Approved Lender which shall not constitute an Event of Default; or 23.1.7 The Lessee becomes insolvent or declares in writing it is unwilling to pay its debts as they become due; or any court enters a decree or order directing the winding up or liquidation of the Lessee or of substantially all of its assets; or the Lessee takes any action toward the dissolution or winding up of its affairs or the cessation or suspension of its use of the Development; or 23.1.8 Attachment, execution or other judicial seizure of substantially all of the Lessee's assets or this leasehold, which is not dismissed, bonded, or stayed within sixty (60) days; or 23.2 Remedies for Default bv Lessee. Whenever any default has occurred and is continuing and upon expiration of any applicable cure periods, and subject to the cure rights of Approved Lenders and limited panners, an Event of Default shall exist, and the Lessor may take whatever action at law or in equity as may appear reasonably necessary to enforce performance or observance of this Lease, including without limitation, termination of this Lease. In the event of an Event of Default, Lessor's remedies shall be cumulative, and no remedy expressly provided for in th is section shall be deemed to exclude any other remedy allowed by law. 28 23.3 Remedy for Default by Lessor. If the Lessor defaults under this Lease, then the Lessee shall give the Lessor and the Approved Lenders written notice requiring that the default be remedied by the Lessor, if the default is not cured within the time set forth by the Lessee (which shall be a reasonable time for curing the default and shall in any event be at least sixty (60) days), then the Lessee and Approved Lenders may take any action as may be necessary to protect their respective interests. Such action may include the fight of the Lessee and Approved Lenders to cure such default and receive reimbursement for any expenditure with interest thereon (at the reference rate then in effect at State of California Local Agency Investment Fund (LAIF) from the Lessor within thirty (30) days after sending to the Lessor a statement therefor. 24. Lessors Right To Perform Lessee's Covenants. 24.1. Lessee's Failure To Pay. If Lessee shall at any time fail to pay Taxes and Assessments or other charge in accordance with Section 7 hereof; within the time therein permitted, or to make any other payment or perform any other act on its pan to be made or performed hereunder within the time permitted by this Lease, then Lessor, may (but shall not be required to): 24.1.1. Pay such Taxes and Assessments or other charge payable by the Lessee pursuant to paragraph hereof. 24.1.2. Make such other payment or perform such other act on the Lessee's part to be made or performed as in this Lease provided, and may enter upon the Development thereon for such purpose and take all such action thereon as may be reasonably necessary therefore. 24.2. Reimbursement. All sums paid by Lessor pursuant to Section 25.1 and all costs and expenses incurred by the Lessor in connection with the performance of any such act (together with interest thereon at the Kate from the respective dates of Lessor's making of each such payment) shall become immediately due and payable by the Lessee. 25. Ownership of Improvements. On the last day of the Term, or upon an earlier ter0aination of this Lease pursuant to the terms hereof, Lessee Improvements and all other permanent, built on site, not easily removable improvements constructed on the Development, together with all the right; title and interest of Lessee (as lessor) in the then existing Subleases (as defined in Section 22 hereof) shall unconditionally be and become the property solely of Lessor, free and clear of all claims whatsoever imposed or suffered by Lessee, and no compensation therefor shall be due or paid by Lessor to Lessee for any pan thereof. This Lease shall operate as a conveyance and assi~ment thereof. Upon such expiration or earlier termination, or upon entry or reentry upon the Development by Lessor pursuant to Section 24.1.2, Lessee shall surrender to Lessor the Development and any then existing Lessee improvements in good order, condition and repair, reasonable wear and tear excepted, free and dear of all liens, claims and encumbrances, other than the Permitted Exceptions or other matters created or consented to by Lessor, subject only to fights of Sublessees in possession under Subleases, and, if requested to do so, Lessee shall execute, acknowledge and deliver to Lessor such instruments of further assurance as are necessary or desirable to confu'm or perfect Lessors right, title and interest in and to all of the property hereinabove described and shall defend Lessors tire thereto again.qt all claims imposed or suffered by or through Lessee. 25.1. Abandoned Property. Subject to the fights, if any, of Sublessees under then existing Subleases which are not in default, any furniture, furnishings, trade fixtures, business equipment or other personal property of Lessee or any Sublessee which shall remain on the Development for 30 days after the termination of this Lease or any Sublease and the removal of Lessee or any such Sublessee from the Development, may, at the option of Lessor, be deemed to have been abandoned by Lessee or any such Sublessee and may either be retained by Lessor as its property or be disposed of without accountability in such manner as Lessor may see fit. 26. Condemn~ion. 26.1 Condemnmion. If the Development or the Land or any part thereof is taken or.condemned, for any public or quasi-public purpose or use by any competent entity in appropriate proceedings, or by any right of eminent domain, then the Lessor and Lessee shall request that awards and other payments on account of a taking of the Development and the Land (less costs, fees and expenses incurred by the Lessor and Lessee in connection with the collection thereof) be divided by the court between loss of value of the fee interest in the Land and loss of value of the Development In any case, subject to the rights of Approved Lenders under the Approved Loan Documents (with any conflicts resolved in accordance with the relative priority of their respective deeds of trust), such awards and payments shall be applied as follows: a) Net awards and payments received on account of a partial taking of the Development, other than a taking for a temporary use not exceeding one (1) year, shall be allocated and paid in the following order of priority: i) If the Lessee reasonably believes restoration is economically feasible, and unl.~s the Lessee is then in default and the opportunity to cure has expired under the Approved Loan Documents, first, to pay the cost of restoration of the Development, provided that the extent of the Lessee's obligations to restore the Development shall be limited to the amount of the net award and payment received on account of the taking. The Lessee shall furnish to the Lessor evidence reasonably satisfactory to the Lessor of the total cost of the restoration of the Development. In such event, the condemnation proceeds sh~ll be paid into the Construction Fund described in paragraph 26.2 below, subject to the rights of Approved Lenders to collect and disburse such funds. ii) Second, or first if (i) the Lessee does not reasonably believe that restoration is economically feasible, or (ii) the Lessee is in default and the opportunity to cure has expired under the Approved Loan Documents, to any Approved Lenders (in the order of their respective lien priority, if there is more than one Approved Lender) in an amount equal to the decrease (if any) in the value of the security for their respective Approved Loans as a result of the partial taking (calculated as set forth below in this paragraph [26.1] less mounts payable to or recovered by the Approved Lender pursuant to such taking, but not to exceed the unpaid balance of their Approved Loans. For purposes of this subsection, the amount of decrease in the value of the security for an Approved Loan shall be the amount, if any, necessary to reduce the outstanding principal of the Approved Loan such that the Loan to Value Ratio (as defined below) of the approved Loan immediately following the taking is equal to the Loan to Value Ratio of the Approved Loan immediately preceding the taking, Loan to Value Ratio shall mean that fraction the numerator of which is the sum of the principal amount of the Approved Loan plus the principal amounts of all Approved Loans higher in lien priority to the Approved Loan either immediately following the taking (after taking into account' any pay down pursuant to this subsection of any loans of higher priority) or immediately preceding the taking, as applicable, and the denominator of which is the appraised value of the Development immediately following the taking or immediately preceding the taking, as applicable. The values of the Development immediately preceding the taking and immediately following the taking, shall be determined by an MAI or SRI appraiser selected by the Lessee and who is reasonably satisfactory to the Lessor. iii) The balance, if any, shall be divided between the Lessor and the Lessee in the manner specified in subparagraph (e) below; however, if the taking has no effect on the value of the Lessor's fee interest in the Land or reversionary interest in the Improvements, then the balance shall be paid exclusively to the Lessee. b) Net awards and payments received on account of a partial or total taking of only the Lessor's fee interest in the Land or the reversionary interest in the Improvements (that is, a taking of the Lessor's fee interest in the Land or the Lessor's reversionary interest in the Improvements that has no effect on the value of the Lessee's leasehold interest in the Land or the Lessee's fee interest in the Improvements), including severance damages, shall be paid to the Lessor, subject to the rights of any Approved Lenders to which the Lessor has encumbered it fee interest in the Land (in the order of their respective lien priority, if there is more than one such Approved Lender), which amount shall be free, and clear of any claims of the Lessee, or any other persons claiming rights to the Land through or under the Lessee, other than Approved Lenders to which the Lessor has encumbered its interest in the Land. c) Net awards and payments received on account of a taking for temporary use not exceeding one (1) year and relating to a period during the Lease Term shall be paid to the Lessee; however, if such taking for temporary use has resulted in any damage to or destruction of the Development, then such net awards and payments shall be first applied to pay the cost of restoration if the Lessee determines that restoration is economically feasible. Net awards and payments received on account of a taking for temporary use not exceeding one (1) year and relating to a period beyond the Lease Term shall be paid to the Lessor. d) Net awards and payments received on account of a total taking of the Development shall be allocated and paid in the following order of priority: i) First, to any Approved Lenders with then-outstanding Approved Loans secured by the Development (in the order of their respective lien priority, if there is more than one Approved Lender), an amount equal to the unpaid balance secured by their respective Approved Loans to the extent there are sufficient funds to make such payments; ii) The balance, if any, shall be divided between the Lessor and the Lessee in the manner specified in subparagraph (e) below; however, if the taking has no effect on the value of the Lessor's fee interest in the Land or reversionary interest in the Improvements, then the balance shall be paid exclusively to the Lessee. e) For purposes of subsections (a)(iii) and (d)(ii) above, ftrst the Lessee shall receive reimbursement for any funds it has reasonably expended for repair and/or reconstruction of the Development (other than funds received from Approved Lenders). Second, the Lessor shall receive that portion of the remaining sum equal to such remaining sum, multiplied by a fraction the numerator of which is the number of years elapsed from the date of the Lease to the date of the taking, and the denominator of which is fifty-eight (58). Third, the Lessee shall receive all remaining sums. f) The Lessee shall receive any award granted for or allocated to trade fixtures, moving expenses or loss of business. g) If the Development is taken or condemned during the last five (5) years of the Lease Term under circumstances described, in paragraph (a) above, then the Lessee may elect to terminate the Lease and proceeds of any payment or award shall be distributed in accordance with the provisions of paragraphs (d) and (e) above. 26.2 Administration of Construction Fund in the Event of Condemnation or Damage or Destruction of Development. If the Approved Loans have been paid in full, and if the Development or any part of it is to be repaired or reconstructed at, er damage or destruction or condemnation, then all proceeds collected under any and all policies of insurance covering such damage or destruction, or all compensation received for such taking by the exercise of the power of eminent domain, shall be paid into a special tms.t fund to be created and held by the Lessee and to be designated as the Construction Fund, during such repairing or reconstructing. Any surplus of such insurance or condemnation proceeds remaining after the completion of all payments for such repairing or reconstructing shall be held or applied by the Lessee in a manner consistent with the applicable provision of this paragraph 26. 26.3 Lessee-Lessor-Approved Lenders to be Made Parties in Legal Proceedings. a) In the event proceedings shall be instituted (i) for the exercise of the power of eminent domain, or (ii) as a result of any damage to or destruction of the Development, the resulting proceeds shall be paid to the Approved Lenders for application or disbursement in accordance with the Approved Loan Documents (in the order of their respective lien priority, if there is more than one such Approved Lender). The Lessee, Lessor, and, as necessary, any Approved Lender with a then- outstanding Approved Loan shall be made parties to those proceedings, and if not made parties by the petitioning party, shall be brought into the proceedings by appropriate proceedings of other parties so that adjudication may be made of the damages, if any, to be paid to the Lessee, Lessor and Approved Lenders as compensation for loss of their rights in the Improvements or the Land, or for damage to or destruction of the Development. Should the Lessor or Lessee receive notice of institution of any proceedings subject to paragraph 26, the Party receiving such notice shall notify the other Party not later than thirty (30) days after receiving such notice. b) The Lessor and the Lessee shall cooperate and consult with each other in all matters pertaining to the settlement, compromise, arbitration, or adjustment of any and all claims and demands for damages on account of damage to or destruction of the Development, or for damages on account of the taking or condemnation of the Improvements or the Land. 26.4 Termination In the event of a total taking or in the event of damage, destruction, or a partial taking, other than a temporary taking of the Development, which the Lessee reasonably determines renders continued operation of the Development infeasible both as a whole and in substantial part, the Lease shall terminate (except if the LesSee is rebuilding the Development in accordance with the terms of this Lease), and in such event any proceeds shall be allocated pursuant to 26.1. In the event of a partial taking that does not result in termination pursuant to this paragraph, this Lease shall remain in full force and effect as to the portion of the Development remaining. 27. Representations and Assurances. 27.1 Lessor to Give Peaceful Possession Lessee shall have, hold, and enjoy, during the Lease Term, peaceful, quiet, and undisputed possession of the Land without hindrance or molestation by or from anyone so long as the Lessee is not in default under this Lease following the expiration of all applicable notice and cure periods, 27.2 Lessor Representations The Lessor represents, as of the date of'his Lease, as follows: a) it is unaware of any exceptions to title to the Land except as set forth in the attached Exhibit C: b) it has not received any notice of any special assessments or public improvements being contemplated. c) to the best of its knowledge, based in part on the Phase I Environmental Assessment prepared by E2C, Inc. dated October 14, 1994, and subsequent studies, there are no Hazardous Materials at, on, or under the Land, and there existed one below ground storage tanks-on the Fire Station parcel which has been removed; d) there is no pending, or, to the best of its knowledge, threatened condemnation or similar proceeding affecting the Land, nor does the Lessor have any knowledge that any such action is contemplated; e) there are no legal actions or other legal proceedings pending or, to the best of the Lessor's knowledge, threatened against or affecting the Land, or the Lessor's title to the Land~ including any zoning, land use or environmental matters, and there is no action, proceeding or. investigation pending or, to the best of the Lessor's knowledge, threatened which questions, directly or indirectly, the validity or enforceability of this Lease or which individually, or in the aggregate, might adversely affect the construction, use, or occupancy of the Land; f) there are no contracts to which the Lessor is a party or may be bound affecting the Land, tree and correct the attached copies of which have been delivered to the Lessee, and to the best of the Lessor's knowledge, neither the Lessor nor any other party to such contracts is in default in the performance or observance of any of their provisions; g) all requisite action has been taken by the Lessor in connection with entering into this Lease and the consummation of the transactions contemplated by this Lease, and this Lease has beenduly executed and delivered by the Lessor and constitutes the legally valid and binding obligation of the Lessor, enforceable against the Lessor in accordance with its terms except as the same may be affected by bankruptcy, insolvency, moratorium or similar laws, or by legal or equitable principles relating to or limiting the rights of contracting parties generally; and h) the execution of this Lease, the incurrence of the obligations set forth in this Lease, and the consummation of the transactions contemplated by this Lease do not violate any order or ruling of any court binding on the Lessor or any provision of any indenture, agreement, or other instrument to which the Lessor is a party or may be bound and to the best of the Lessor's knowledge, neither the entry into nor the performance of this Lease or the other documents contemplated in this Lease, has resulted or will result in any violation of, or conflict with, or invalidate, cancel or make inoperative, or result in the creation of any lien, encumbrance or any other charge upon the Land pursuant to, or constitute a default under, any charter, bylaw, partnership agreement, trust agreement, mortgage, deed of trust, indenture, contract, credit agreement, franchise, permit, judgment, decree, order, easement, restriction or other charge, right or interest applicable to the Lessor or the Development. 27.3 Lessee Representations The Lessee represents, as of the date of this Lease, as follows: a) it is a General Law City duly organized, validly existing, .and in good standing under the laws of the State of California. b) all requisite action has been taken by it in connection with entering into this Lease and the consummation of the transactions contemplated by this Lease, and this Lease has been duly executed and delivered by the Lessee and constitutes the legally valid and binding obligation of the Lessee, enforceable against the Lessee in accordance with its terms except as the same may be affected by bankruptcy, insolvency, moratorium or similar laws, or by legal or equitable principles relating to or limiting the rights of contracting parties generally; c) the execution of this Lease, the incurrence of the obligations set forth in this Lease, and the consummation of the transactions contemplated by this Lease do not violate any order or ruling of any court binding on the Lessee or any provision of any indenture, agreement or other instrument to which the Lessee is a party or may be bound, and neither the entry into nor the performance of this Lease or the other documents contemplated in this Lease has resulted or will result in the violation of, or conflict with, or invalidate, cancel or make inoperative, or constitute a default under, any charter, bylaw, partnership agreement, trust agreement, mortgage, deed of trust, indenture, contract, credit agreement, franchise, permit, judgment, decree, order, easement, restriction or other charge, right or interest applicable to the Lessee, and d) Lessee acknowledges that neither Lessor nor any party acting on behalf of Lessor has made any representation or warranty (except as may be explicitly set out in this Lease) as to any matter relating to the Development and that Lessee is relying solely on its own investigations in executing this Lease. 27.4 ReleaSe of Lessor The Lessor may sell, assign, transfer or convey (but not encumber) all or any part of Lessor's interest in the Land, reversionary interest in the Improvements, or this Lease only with the written consent of the Lessee which shall not be unreasonably withheld provided that the purchaser, assignee, or transferee i) expressly assumes all of the obligations of the Lessor under this Lease by a written instrument in a form reasonably satisfactory to Lessee and recordable in the Official Kecords of the~County of Santa Clara, and (ii) executes necessary documentation to effect continued encumbrance of the fee interest in the Land to Approved Lenders who have requixed encumbrance pursuant to paragraph 22 above (to which enca~mbrance the Lessee has consented). In the event the Lessor' intends to sell all or any part of the Land, the Lessor shall notify the Lessee of such intention in writing not later than sixty (60) days before close of escrow. In the event of a sale, assignment, lxansfer or conveyance by the Lessor of the Land or its rights under this Lease, the same shall operate to release the Lessor from any furore liability upon any of the covenants or conditions of this Lease, expressed or implied, in favor of the Lessee, and in such event the Lessee shall look solely to the successor in interest of the Lessor in and to the Land or this Lease. This Lease shall not be affected by any such sale or transfer, and the Lessee agrees to attorn to any such purchaser or assignee. 27.5 Encumbrance by Lessor. Except as provided in paragraph 21 (to which encumbrance the Lessee has consented), the Lessor shall not encumber or hypothecate its interest in the Land or any part thereof with any mortgage, deed of trust, or other form of security interest. 27.6 Release of Lessee. The Lessee may sell, assign, transfer or convey all or a part of Lessee's leasehold interest only with the written consent of Lessor [except as provided in paragraph 21] which shall not be unreasonably withheld provided that the purchaser, assignee, or transferee i) expressly assumes all obligations of the Lessee under this lease by a written instrument in a form reasonably satisfactory to the Lessor and recordable in the official records of the County of Santa Clara and ii) executes necessary documentation to effect continued encumbrance of the leasehold interest to approved lenders who have required encumbrance pursuant to paragraph 21 above (to which encumbrance the Lessor has consented. In the event of a sale, assi~c, nment, trannfer, or conveyance by Lessee of its fights under this Lease, the same shall operate to release the Lessee from any future liability upon any of the covenants or conditions of the lease, express or implied, in favor of the Lessor, and in such event the Lessor shall look solely to the successor in interest of the Lessee and to the leasehold interest contained in this Lease. 28. Payment of Lessors Costs. Under various provisions of this Lease or otherwise, Lessee shall or may request that Lessor execute, approve or join in the application for various governmental approvals or other actions pertaining to the Development, grant easements, protest or join in the protest of taxes or other Taxes and Assessments or the application of any law, rule or regulation respecting the Development, or review or approve any other matter pertaining to the use and enjoyment, £mancing, construction, subletting, assi~enment or other aspect of Lessee's interest in the Development and this Lease. Lessee shall, upon demand by Lessor, reimburse Lessor for the reasonable costs actually incurred by Lessor in connection with any of the foregoing matters, including, but..not limited to, the reasonable fees of Lessors attorneys and consultants and the cost of Lessors personnel who are involved in such review or. approval process. Lessor agrees to respond to each such request by Lessee in a timely manner. 29. Force Majeure Performance by either Party shall not be deemed to be in default where defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or priority; litigation (including suits fried by third parties concerning or arising out of this Lease); weather or soils conditions which, in the opinion of the Lessee's contractor, will necessitate delays; inability to secure necessary labor, materials or tools; delays of any contractor, sub-contractor or supplier; acts of the other Party; acts or failure to act of any public or governmental agency or entity (other than the acts or failure m act of the Lessor); or any other causes (other than the Lessee's inability to obtain financing for the Development) beyond the control or without the fault of the Party claiming an extension of time to perform. Specific time period requirements for this Lease may also be extended in writing by the Lessor and the Lessee. 30. Approvals Whenever this Lease calls for a Party's approval, consent, or waiver, the written approval, consent or waiver of the Party's authorized Officer(s) shall constitute the approval, consent or waiver of the Party without further authorization required from the Party's. The Parties hereby authorize their Authorized Officers to deliver such approvals or consents as are required by this Lease, or to waive requirements under this Lease, on behalf of them (including, in the case of the Lessor, or encumber the fee in the Land pursuant to Section 5.2Co)). 31. Miscellaneous Provisions. 31.1. Amendment. No modification, waiver, amendment, discharge, or change of this Lease shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is or may be sought. 31.2. Applicable Law. This Lease shall be construed in accordance with, and governed by, the laws of the State of.California. 31.3. Attorneys' Fees. If any party hereto fails to perform any of its obligations under this Lease, or if any dispute arises between parties hereto concerning the meaning or interpretation of any provision of this Lease, then the defaulting party or the party not prevailing in such dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party or parties on account of such default in enforcing or establishing its or their rights hereunder, including, without limitation, court costs and reasonable attorneys' fees and disbursements. 31.4. Authority. Each party hereby represents and warrants to each other party hereto that such party may legally enter into and perform all of the obligations set forth in this Lease, that all required authorizations and consents have been obtained to enter into this Lease, and that the person or persons executing this Lease on behalf of such party are duly authorized and empowered to sign this Lease and by their signature to bind the party for whom they have signed. 31.5. Brokers 31.5.1 Lessor hereby represents and warrants to Lessee that the consulting £u:m of Enshallah, Inc. is Lessoffs sole representative in connection with this Lease and that no other firm has been engaged by it, or performed any services for it, in connection with this transaction. Lessor hereby agrees to indemnify and hold harmless Lessee from and against any and all costs, expenses (including attorneys' fees), liabilities, causes of action, claims or suits by any party, including Enshalla~ for compensation, commissions, fees or other sums claimed to be due or owing with respect to the representation or Lessor in effecting this Lease. 31.5.2. Lessee hereby represents and warrants to Lessor that Lessee has not engaged any broker representative in connection with this lease and that no broker or finder has been engaged by it, or performed any services for it, in connection with this tran.~action. Lessee hereby agrees to indemnify and hold harmless Lessor from and against any and all costs, expenses (including attorneys' fees), liabilities, causes of action, claims or suits by any party, for compensation, commissions, fees, or other sums claimed to be due or owing with respect to the representation of Lessee in effecting this Lease. 31.6 Counterparts This Lease may be executed in counterparts and multiple originals, each of which shall be an original and all of which shall constitute the same instrument. 31.7. Entire Agreement. This Lease contains the entire understanding between the parties relating to the transactions contemplated hereby and all statements, oral or written, are merged herein. Specifically, but not by way of limitation, this Lease supersedes the Option Agreement. 31.8. Further Assurances. The parties hereto agree to execute, acknowledge and deliver any other instruments and perform any other acts necessary, desirable or proper to carry out the purposes of this Lease. 31.9. Headings. The headings of the sections, subsections, paragraphs, and · subparagraphs of this Lease have been inserted for convenience of reference only and shall in no way restrict or otherwise affect any of the terms or provisions of this Lease. 31.10 Heirs, Successors and Assigns. Theterms ofthi.q Agreement shall bebinding upon and inure to the benefit of the heirs, successors, receivers, conservators and assigns of the parties, except to the extent that assignment is prohibited or limited by other provisions of this Lease. 31.11. No Joint Venture. Nothing in this Lease shall be consUued to render the Le.s. sor in any way or for any purpose a parmer, joint venturer, or associate of Lessee. The relationship of Lessor and Lessee hereunder is solely that ora lessor and lessee of real property. 31.'12 No Merger. There shall be no merger of this Lease, or any interest in this Lease or of the leasehold estate created hereby, with the fee estate in the Land by reason of the fact that this Lease or such interest may be directly or indirectly held by or for the account of any person who shall hold the fee estate in the Land, or any interest in such fee estate; nor shall there be such a merger by reason of the fact that all or any part of the leasehold estate created hereby may be conveyed or mortgaged in a leasehold mortgage to a leasehold mortgagee who holds the fee estate in the Land or any interest of the Lessor under thi~ Lease. 31.13 Non-liability of Officials, Employees and Agents. No member, official, employee or agent shall be personally liable to the Lessee, or any successor in interest, in the event of any default by either party. 31.14 Non-Waiver of Breach. Neither the failure of a Party to insist upon strict performance of any of the covenant and agreements of this Lease nor the failure by the Party to exercise any fights or remedies granted to such Party under the terms of this Lease shall be deemed a waiver or relinquishment (a) of any covenant herein contained or of any of the rights or remedies of the applicable Party, (b) of the fight in the future of the applicable Party to insist upon and to enforce by any appropriate legal remedy a strict compliance with all of the covenants and conditions thereof, or (c) the right of the Lessor to recover possession of the Land upon occurrence of a default and the expiration of applicable notice and cure periods or the expiration of the Lease Term. 31.'15. Notices. Unless othenvise specifically permitted by this Lease, all notices or other communications required or permitted under this Lease shall be in writing, and shall be personally delivered or sent by facsimile transmission with hard copy to follow by mail, by overnight receipted courier (such as Federal Express), or by registered or certified mail, postage prepaid, remm receipt requested, and shall be deemed received: (i) if personally delivered, upon the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight courier, one (1) business day after delivery to such courier, (iii) if mailed in accordance with the provisions of this Section, four (4) business days after the date placed in the United States mail, (iv) if mailed other than in accordance with the provisions of this Section or mailed from outside the United States, upon the date of delivery to the address of the person to receive such notice, or (v) if transmitted by facsimile, upon telephonic or automatic confirmation of receipt. Notices shall be given at the following addresses: IF TO Lessor: Santa Clara District Central Fire Protection Dislrict 14700 Winchester. Blvd. Los Gatos, CA 95032-1818 ATTN: Fire Chief IF TO Lessee: City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 ATTN: City Manager Phgne: (408) 3784010 Facsimile: (408) 3784079 Phone: (408) 777-3212 Facsimile: (408) 777-3366 31..16. Recordation. This Lease shall not be recorded. If Lessee desires a recordation, a Memorandum of this Lease shall be agreed upon, executed and acknowledged by the parties hereto and shall be recorded by Lessor at the cost and expense of the Lessee. 31.17. Severabilitv. If any provision of this Lease shall be determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed severed from this Lease and the remaining parts shall remain in full force as though the invalid, illegal, or unenforceable portion had never been part of this Lease. 31.18 Successors and Assigns. The terms of this agreement shall be binding upon and inure to the benefit of the successors and assigns, except to the extent that assignment is prohibited or limited by other provisions of this Lease. 31.19. Time of Essence. Time is of the essence in the performance of every agreement made herein. 32. Arbitration of Disputes. 32.1. When Arbitration Is Required. If at any time, or from time to time during the Term hereof, any dispute shall occur between Lessor and Lessee and if Lessor and Lessee have specifically and expressly agreed in another Section of this Lease to the settlement of such dispute by arbitration, such dispute shall be settled by arbitration in the City of San Jose, California, in accordance with the Commercial Arbitration Rules then obtaining of the American Arbitration Association, and judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction thereof; provided, however, that in any arbitration proceeding conducted pursuant to this Section 3732. at least one arbitrator shall be an attorney at law, admitted to practice in the State of California, with demonstrable experience dealing with real estate matters. 32.2. Rules and Procedures. The following provisions shall apply to any arbitration conducted hereunder: 32.2.1. Before either party initiates an arbitration hereunder, such party shall request in writing a meeting with a designated representative of the other party, to occur within ten (10) business days after the giving of such notice, at the place of business of the initiating party or such other place as the parties may agree, for the purpose of attempting to resolve the dispute without arbitration. If the other party refuses to meet or ii'the dispute cannot be settled at the meeting, the initiating party may, after the expiration of the aforesaid ten (10) day period, commence an arbitration hereunder. 32.2.2. The arbitrator or arbitrators may not change any of the terms of this Lease or deprive any party to this Lease of any right or remedy expressly or impliedly reserved in this L .e,3se. 32.2.3. There shall be no right of discovery except by stipulation of the parties or pursuant to the discretion of the arbitrator upon petition by either of the parties. 32.2.4. The costs of the proceeding shall be borne equally between the parties; provided, however, that such costs, including attorneys' fees, shall be subject to award, in whole or in part, by the arbitrator, in the arbitrator's discretion, to the prevailing party. Unless the arbitrator so awards attorneys' fees, each party shall be responsible for its own attorneys' fees. 32.2.5. To the extent possible, the arbitration hearings shall be conducted on consecutive days, excluding Saturdays, Sundays, and holidays, until the completion of the case. 40 / 32.2.6. Any party shall have the fight to join any third parties in such proceedings in order to resolve any other similar disputes, the facts of which are related to the matters submitted for arbitration hereunder. 32.2.7. Notwithstanding any provision contained in this Lease, throughout any arbitration process, Lessee shall continue to timely pay rent and other monetary obligations of Lessee to Lessor. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBrrRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBYrRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATrERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Initials: Initials: Lessor Lessee IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease, through their respective officers or representatives duly authorized, as of the day and year fast above written. Lessor: Lessee: District: City of Cupertino: Donald F. Gage, Chairperson, By: Board of Directors of Its: Santa Clara Central Fire Protection Dist. ATTEST: Phyllis A. Perez, Clerk Board of Supervisors Approved as to Form and Legality: Approved as to Form: Deputy District Counsel City Attorney Exhibit'"A": Exhibit "A- 1" Exhibit "B": Exhibit "C" Exixibit "D" Exhibit "E" Description of leased "Development" Diagram of Leased Development and Confirmation of Lease Commencement Date Permitted Title Exceptions - Stevens Creek Property Grant Deed to Seven Springs Parkway Permitted Exceptions - Seven Springs Property S:\C.~'nemlGovernment~Berry~t~operty\Cxround Lea~e~ Fir~#2 42 ,qgt,~ons~ .qelm~le Reau/ll ~r~e 1953 March 19, 1999 Planning Land Surveying Civil Engineering Constructmon Stai~ng 99250 LEGAL DESCRIPTION SANTA CLARA COLrNTY CENTRAL FIRE.. PROTECTION DISTRICT PARCEL 1 (See Mission Engineers, Inc., Drawing No. S-I 1590) All that certain real property located iq the City of Cupertino, County of Santa Clara, State of Califoraim dcscn'bed as follows: A portkm of Lots 19.20, 21 and 22 as shown on that c~in map entitled "MONTE, VISTA" lbr record on July 20, 1906 in Book "L" of Maps at page 43, Santa C 'iara County Records, more particularly described as follows: BEGINNING at a point in the south~ly boundary of Lot 23 as shown on said map emitled "MONTE VISTA", in thc westerly boundary ~ of Randy Lane al the southeast~ly corner of Parcel "C" as said land and Parcel "L'7/are shown on parcel map filed for record on August 10, 1972 in Book 306 tH'Maps at Page 27, S~,nta C 'lara County R~ords; Thence. from said POINT OF BEGINNINO along said westerly boundary kine of Randy Lane South 0° 22' 25" E.-,~t. 40.00 feet; Thence. along a line drawn parallel to and distant 40.00 ~ fi-om mid southerly boundary kine of Lot 23 South 89° 00' 34" West, 134.57 f¢~t; Thence, South 0° 22' 25" Easl, 153.93 feet to a iin~ drawn parallel to and distant .198.00 f~t north~17 fi.om Stevens Creek Boulevard as it now exists; Thence, along said tine drawn parallel South 90~' 40' 39" West, 236.87 t~t to the easterly boundary Linc of'Vista Drive :,-,~ shown on Map of'l'raet No. 8297 fil~ for record in Book 613 of Maps at Pagg 38 'and 39, Santa Clara County Records; Thence, along last .,aid boundary lin~ Noah 0° 18' 00" West. 193.93 f,~t to the southerly boundary line of I.ot 12 as shown on last said map; Thence. along thc southerly boundary line of raid Tract No. 8297 North 89° 40' 34" East$.~.7.Ltg.... f~t to thc POINT OF BEG/N'N1NG and containing 1.1776 acres, more or less. /"'"7._" · ' '"~-.~,, '..- 2978 Seo, Boui.¥ard, Santa Clara. California g5O.~,-aS22~'~i',7:.. (408) 727-8262 FAX (408) 727-8285 missioneng{~earthlink n~' .C .:~' - EXHIBITA 0 :~ -- 1 $- 4 =~ F ~ ! I ? : q ~ l'l I $$ J ON ~ t*4 ~ ~ ~' . ~ ~ ¢30.07' (478.00') ~.~ CAMARDA CT. i= HOGUE CT. om SW COR i Ol 2J "L" MAPS 4.3 SE COR -~ T~AC ~ NO. 8297 6~3 u ~..'s~ PCL c Jt2Jl~ J~OJ 9 6 I PM 306 M 27 FOREST AVE. NBg'4g'52"E SCALE: I"=100' POINT OF BEGINNING 50' 22 ~ 2! 571.19' 20 I ~9 M 01~ IA VI~ TA "L" M 43 1'40'34"W J PARCEL 14.57' ... i'41'00'W) ~ ~.l~, ^CRF~S 5~,p.+ s~. rT. ~ i I I I s w j POI~N T OFI BE(I;INNING I 'J ~ I I ~ I ,,s,. _~ I I I' xr~PTION H, 021 J 1707.11 OR 10134 ;n S89'40'39"W ,; (SO0'2~ '00"[) SOO'22'25"E 40.00' ~ SBg'40'SO"W 4.31./b' ~S89'41'00"W.. 429.05" R=30.O0' STEVENS CREEK BLVD. '.'" / ~,=90'01'21" ~..Ex ~.- ~, ~-.~ L--~;'~' PLAT OF DESCRIPTION for SANTA CLARA COUNTY CENTRAL FIRE in THE CITY OF CUPERTINO, CALIFORNIA , ,,, EXHIBIT "A"~ PAGE :2 OF 2 ,,, ... 8 S~tt Bl~.. ~nto C;oro. ~if 95054 ~ 727-8262 FAX- 408 727-828b EXHIBIT B CONFIRMATION OF LEASE COMMENCEMENT DATE To~ Santa Clara County Central Fire Protection District 14700 Winchester Blvd. Los Gatos, CA 95032-1818 Atm_: Fire Chief This notice is to provide Confu'mation of Lease Commencement Date as provided in a Ground Lease between the City of Cupertino ("Lessee") and the Santa Clara County Central Fire Protection District ("Lessor") pursuant to paragraph 3.3 of the Ground Lease. 200 . The lease commencement date is the date of possession, a date of The lease term shall commence from and after this date. Dated: By: (name) ~ts: (tiUe) City of Cupertino 3-25-199g 11,:.~IAM 1. Tia: lira ofsul~l~ t~xcs, if~a~, ~ laminar Io tl~ }zovisiom of Chapt= 3.5. (m:~~ ~i~ S~:noa 7~) to tl~ ~ ~ T=~o~ Code of ',lz Sm~ of Ctlifomi~ easements with thc ~:ove mentioned ~azs~Wuovs ~ owuczs. Afl. u: September 1, 1998 S~m C3am County Ccn~ l:~ Proacdau Disuict, · public body, corporate mi politic County ofSanta Clm~, a political, subdlvision ofthe Sine of California September 1, 1995 to May IS, 2017 SeptL*mbcr 30, 1~98 undcr ~s Series No. 14424165, 0~'~ R. ecor~ Ti~ prc~m ownm3hip of said Leasehold and ·thor manErs affn:tiz~ tim interest of thc leuec arc no~ shown heroin. .%qm:mber I, 199S ~ of Sm~'Clm, · poi;tic, al subdivL~on ofl:he Su~ ~ Chin Couaty F~nr.~ Authority, · public cuti~ and S~.cn~x:r l, 1998 m May 15, 2012 Sepum~ber 30, 1998 vnder ~s Seriu No. 14424166, Offir. ial ownership of*said Loisehold ~ arbn' mm'te~ ~ thc i~,.,,..~ oflbc lessee arc EXHIBIT lq0.5015 ?. 4/10 P. pl~o. 3 F, Fig No. l.J~MII6314M}6- iV T~zm: The present ownership of said Lmsdmld and other mxnzn 8ffecti~ fix: imeezst of ~ lessee arc not shown ~ 7. The effect of'm~ f~lure to comply with the teems, covcum~ts, and cond~ion~ of'thc lca~c or lca~es doeth'bed or rcfm--.d to in the Yezt~ ~ Rights of ptrfics in possr, ssion of hid land by reason of un~cmxled lce~es, or teazel ~, if 811)'. I O. F. vidc~cc must be provided tlaz there L-~ no commi~ statements in ct:Tea under Civil Cock Section 150 et Lq. ~ivh rUlgCt to ~: ~ a. Da~e 1~ insured: 11-L95 b. ~ ~ort docs not mile. cz rcqucm for notice of~ requests far uodce of delinquency, subsequcm mmsfcrs of exigent, end similar uanczs not gamauc ua the issuancc ofd~ polic~ of tide in.~nnec anticipated hcmundm'. c. If this companyis ~cqucsu:d to dlsbursc funds ~, connection with this ~ CI~u~ 598 of 1989 Msndau:s oftt~ Caltt'~ lnsurancc Cod~ requin~ hold periods for checks dcposit~ to csc~w or sub-escraw recounts. Such pabds v&-~ ~ upau thc type of'chc~ md 3-26-1999 11,:~2AM No. §01§ ?. ~/10 1'$$e N~. · 1~$ No. PJOgl f~l-00~. d. No ~lursemmt ~ ~ eom~mi~m ,wi~ d~ poi/cy m~d. ml,~ing ~ ~, condi~n.~ or ~. There ~ m additional $10.00 fee for m:otding a deed with a Legal ~on other than an ~ Tide of'the vcstcc hm~ was ~cquircd by Deed- Grantor: James Robcn Swaason, sole Tnm~ of'tbs Teslanuuna~ Trust in tbe Estaec of Paul Swanson undgr Dcc~c of Distn'bu~on granted ivey 3, 1966; and Dorothy Sw~asoa. ss Trume of the lg-~oca~e Livi~ Tn,~ ,P,~nma. m ~ August I ?, 1989 Rcc.,,~kd: Novnn~ S, 1~$ in ~ P 07S, ~ O446, O~i~ia~ ~. public ~ no Denis conveyi~ I~e pml~'ty ds~n'bed ia ~ rcpon bav~ ,~. p~iod of~ ~) y~-~ pri~ to d~e dat~ old, is ~.o~ exce~ = show~ h. Taxes were not assessed for the fiscal ~ax year 19~-99 oa ~ pto~. RCCGR~NG NwQUI~ITED BY oRIGInAL K 7?8 IPA¢[ AIOV[ TI~II ~lNr FOR RECORDER'S USE Grant Deed Th umJe~sId srimor(,) ~--I~-u(i): Documenm? trmufer uz is $ ( ) computed on full value of propufly conveyed, or ( ) computed on full value Jem vain o~ h Mid encumbre _-~-- remaining I~ time of ( ) Unincoq,oratM aru: ( } Ch7 of . lad FOR A VALUABLE CONSIDERATION. reeeipl d whicl is hereby admowledpd. DOROTHY ANNE T.¥DDON, &1so Jcnovn. as DOROthY A. T.¥DDON, also ]cnc~m as DOROTHY LYDDON Jmeby GRANT(S) m the City of Cupertino, a municJ, pal the rolJowiug desc~bed ITJi p~openy in due * ' CLty.of CupeFtino Coum7 d Sandal CI~ca. .hte o( CJI;fomil: SKE ATTACHED DESC:RZI~ZON EX~ZBT? 'A' Ah~D EXHZBZ? THCORIK)RATED HEI~EZN ~"l~h,l-h'U' ~flfilll T.vrlr~rt~-- ~--~-~--!'1 ' O piid~ iumwu m mo EXHIBIT I Iii Ilii iiliiiiiol ii iiI ~lI j II ~II TJUe C)l~Cr No. EJ~ow ~.oan or Allornly File No. Ruth and Going, Inc. Decent, et 4, 19ss Revised January 15, 1987 Description Of The Lands Of Lyddon To Be Granted To The City Of Cupertino For A Fire Station 17095-128 K 779 All of that certain real property situate in the C£~y of Cupertino, County of Santa clara, State of Califo£nia desc~£bed as follows: Portions of those certain parcels o£ land described as Parcels No. 7 and No. 8 in the Decree of Final Distribution in the matter of the Estate of Jack Ryburn Lyddon, a copy of the instrument for which Decree was recorded April 27, 1977 under Recorders File No. 5624194 in Book ¢ 7?3 of Official Records, page 79, Santa Clara County Records and being more particularly described as follows: B£GIHHIHG at the Hortheastetly corner of said Parcel No. 7 in the centerline of Stelling Road, said corner also being the Northeasterly corner of that certain 1.530 acre parcel of land shown upon that certain Record of Survey filed June 28, 1974 in Book 342 of Haps at pages 34 through 37 inclusive, Santa Clara County Records; thence from said point of beginning along the Hortherly line of said 1.530 acre parcel, South 89° 27' 42' West 214.56 feet to the Northwesterly cornet' of said 1.530 acre parcel; ~hence along the Mesterly line of said 1.530 acre parcel South 19° 25' 47* East 69.01 feet to a point in the Southerly line of future Seven Springs Parkway {65.00 feet ~ide), said point be£ng the TRUE POIHT OF BEGINNING of this description; thence along the said SoUtherly lin~ the following three courses and distances: ~as~erly along a curve to the right, from a point ~ith a radial beating of North 02° 33' 40' Mest, with a radius of 470.00 feet, through a central angle of 02° 01~ 22°, an arc length of 16.59 feet, North 89° 27* 42° East 130.36 feet, and Southeasterly and Southerly along a tangent curve to the r~ght, ~ith a radius of 20.00 feet, through a central angle of 90° 11' 00', an arc length of 31.48 feet to a line parallel with, and 25.00 feet Meste£1y of the said centerline of Stellin9 Road; thence along said parallel line South 00° 21' 18' East 209°95 feet to a line parallel ~ith, and 295.00 feet Southerly of, measured at right angles to, said Northerly line o~ said 1.530 acre parcel; thence along last maned parallel line South 89° 27* 42' West 87.67 feet to the said Westerly line of said 1.530 acre parcel; thence along last named line, North 19° 25' 47' Hest 242.78 ;eet to the said true point of beginning and containing 0~671 acres of land, more or less. EXHIBIT "AN PLAT TO ACCOMPANY LANDS OF WILLIAMS -- ~ SPRINGS PA, RKIIIAY 0.8'11 ~,. .-o~ '~ _,,.o ,~.t,," THE DESCRIPTION OF THE LANDS OF LYDDON TO BE DEDICATED FOR THE FUTURE FIRE STATION OF THE CITY OF CUPERTINO DEPT.: R+GRut:h and 6Ding. Znc. CZVZL ENGZNEER5 · ~ aI,I:NEYORS SC)~.F.: /"/~ '' DXTF.: J'~','21. aoa . t I! 78.1 u~'.~'-CATE OF AC~ANCE is hereby given in ardar to comply with the prov/sia~ of Sectic~ 27281 of the Govezr~e. nt Code. the deed at' cj'r-dz~ dated Decembe~ 23, 1986, ~.~ order of the City O0uncil c~ ~ 30, 1987, ard the ~ corments to recorc~ation thereof by its duly authorized officer. D~ted.: .... April 3, 1987 q ! '"9 FEE SIMPLE ~ OF PARCEL OF LAND ~R ~ S~%TIC~ SITE~ ~ ~ OF ST~r.~.TN~ SCUIH OF SEV~N SPRiNC~ P~~ APPROXI~.v 0.671 ACRE C~.t'y Of ~ this 30ch day of Members of the City Cacao, Plungy, Rogers, Sparks None Johnson None of ~he City CZuncil of , 19S7 by ~he followin~ /s/ Dorot:h~ Cornel:Lus /s/ t/. Reed Sparks l~, ciw of ~ J OLD I~EPIJ~LIC TITLE ORDER NO. 494531 ^t the date hereof exceptions to coverage in addition t~ the Exceptions .',nd Exclusions in said policy form would be as follows: 1. Taxeu and asses~men=&, general and special, for the fiscal year 1999-1000 lien, buc no= yet ~ue or paya30ie. 2. The lien of ~upplemen=al taxes, if any, assessed pursuant to =he provisions of Sec=ion 75. e= seq., o~ the Revenue and Taxation Code of the State of California. 3. The Land Conservation Agreement upon the terms and conditions con:dined :herein, executed by and be=ween Jauk R. and Dorothy ~,~ne Lyddon an~ The County of Santa Clara, ~ated February 2, 1968 and recorded February 29. 1968 in Book 8041 of Official ~ecords, Page 261, an~ refcrenc~ is hereby made =o =he record ~hereof fcc fur=her par=iculars. Terms and provisions as con=dined in an ins=rumcn= En:izled : Executed by: Recorded : TerminacionA~reement Santa Clara County Central FAre Protection District, a public body, corporate and poli:ic November 2$th, 1998 in Official Records un,er Re¢order's Serial Number 14522310 $. Any unrecorded and ~ubsis=ing leases. 6. ;U"~y facts, rights, interests or claims which are not shown ~y the public records, but whi=h could be ascertaine~ by making inquiry of the lez~ors in :he lease or leases ~es=ribed or referred to herein. 7. The tezm:, covenants a~d contritions of the lease or leases described or referred to herein and the effect of any failure to comply therewith. " .................... Informational Notes .................... 1. The last recoxded ine=rument(s) conveying record ti:lc to =he premises is/are: A deed. execs=ed by Dorothy Anne hyc~%on :o The Ci:y o~ Cupertino, a Municipal Corporation, recorded April Srd, 1987 in'Book K096 of Official Recordm, Page 778. The last conveyance affecting said land recorded within the las: :we yearu, prior to the date of chis Report are: NONE 2. NOTE: The mailing a~dre=s o: the vestee as shown in :he recordn itt S. S:elling Road, Sui:e 201, Cupertino. CA 95014. EXHIBIT Page . ,,4 of 4 Pages ORT 3157-D ,:.3:. R,A, mBOW '-----" : MINUTES CUPERTINO REDEVELOPMENT AGENCY Regular Meeting Monday, December 6, 1999 PLEDGE OF ALLEGIANCE At 6:50 p.m. Mayor Statton called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Redevelopment Agency members present: Mayor John Statton, Vice-Mayor Sandra James, and Council members Don BurneR, Michael Chang, and Richard Lowenthal. Council members absent: None. Staff present: Executive Director Don Brown, General Counsel Charles Kilian, Finance Director Carol Atwood, and Secretary Kimberly Smith. APPROVAL OF MINUTES 1. Approval of minutes of the September 20, 1999, regular meeting. Redevelopment Agency members unanimously agreed to approve the minutes as submitted. UNFINISHED BUSINESS NEW BUSINESS Adoption of rules for owner, Resolution No. RA-99-11: "Resolution of the cupertino Redevelopment Agency approving and adopting rules governing participation by property owners and the extension of reasonable reentry preferences to business occupants in the Cupertino Vallco redevelopment project." o Preliminary report, Resolution No. RA-99-12: "Resolution of the Cupertino Redevelopment Agency approving and authorizing transmittal of the preliminary report to affected taxing entities on the proposed redevelopment plan for the Cupertino Valleo redevelopment project." Proposed redevelopment, Resolution No. RA-99-13: "Resolution of the Cupertino Redevelopment Agency referring the proposed redevelopment plan for the Cupertino Vallco redevelopment project to the Planning Commission of the City of Cupertino for report and recommendation." December 6, 1999 Cupertino Redevelopment Agency Page 2 o Draft EIR, Resolution No. RA-99-14: "Resolution of the Cupertino Redevelopment Agency accepting and authorizing circulation of the draft environmental impact report on the proposed redevelopment plan for the Cupertino Vallco redevelopment project." The Executive Director explained that the applicant had requested a continuance of all of these items to a later date. Council agreed to remove these items from the agenda at this time. ADJOURNMENT At 6:55 p.m. the meeting was adjourned. Kimberly Smith Secretary CITY OF CUPEi INO SUMMARY Agenda No. 2, 3, 4, and 5 Agenda Date: 02/22/00 SUBJECTS: 1. Adoption of rules for owner participation and extension of reasonable preferences to businesses, Resolution No. RA-99-11. 2. Determine adequacy of Preliminary Report and refer to each affected taxing entity, Resolution RA-99-12. 3. Refer proposed Redevelopment Plan to the Planning Commission lbr its report and recommendation within 30 days, Resolution No. RA-99-13. 4. Authorize Draft EIR to be circulated (CEQA Guidelines Section 10584), I~.csolution RA-99-14. BACKGROUND: In response to concerns about the viability of Vallco Fashion Park, the City Council, Agency and Planning Commission met in joint session on July 17, 1999 and took three actions initiating the process for adoption ora Redevelopment Plan lbr thc Cupertino Vallco Redevelopment Project: the City Council designated a redevelopment survey area; the Planning Commission selected the boundaries of the Cupertino Vallco Redevelopment Project and approved a Preliminary Plan tbr the redevelopment of thc Cupertino Vallco Redevelopment Project; and the Agency accepted the Preliminary Plan for the Cupertino Vallco Redevelopment Project. Staff also held a meeting in October with tenants of Vallco Fashion Park and other interested parties. Meetings have also been held, and will continue to be heM, with affected taxing agencies. The Redevelopment Area is co-terminus with Vallco Fashion Park; the property owner, .I G Cupertino LLC, an affiliate of the Richard E. Jacobs Group, Inc., anticipates new construction in and renovation of the Shopping Center in the near future. As shown in the attached schedule (Exhibit A), use permit review of the proposed change is not scheduled. However, review of the Redevelopment Area, irrespective o f a usc penn it application, continues. Printed on Recycled Pal3er ~' - ~' / Four documents will be reviewed and/om' released at this meeting, as dcscriDcd bclox~. RULES GOVERNING PARTICIPATION BY PROPERTY OWNERS: This document and the Redevelopment Plan were prepared by the Murphy Law Firm. in connection with the preparation of the proposed I~,eclcvclot')mc~t and the City/Agency redevelopment consultants have prepared proposed Governing Participation by Property Owners and the Extension of ReasonaDIc l{ccntrv Preferences to Business Occupants in the Cupertino Vallco Redevelopment Recommended Agency action is to adopt the Rules. PRELIMINARY REPORT: The Preliminary Report was prepared by the City's economic consultant~ I<.cyscr Marsto~ Associates. The Redevelopment Agency is being asked to approve thc I'l'cli~inarv Report and authorize its transmittal to the affected taxing ,'tgel'~cics. 'l'hc pul'l')Osc o1' approving the Preliminary Report is to continue documenting that the Agency I'~ts taken the required actions in the redevelopment plan adoption process, including prep~u'ing ~tnd transmitting the Preliminary Report to the atSfected taxing agencies. 'l~hc l%'climinary Report is to provide the taxing agencies (such as the County and school districts) with information on the proposed project so that they can determir~e il" adoption t)l' thc redevelopment project will impact their ability to provide services. This il'~l'~>rn~ation includes the reasons for selecting the project area, the blighting conditions in the project area, the projects and programs proposed to alleviate the blighting conditions and the proposed method of financing the project and its t%'~ancial feasibility. The contents of the Preliminary Report, as suggested by its title, are prclimi~'~zu'y. 'l'hc findings of the Preliminary Report will be incorporated al'~d supplemented as ncccss~u'y the Agency's Report to Council. The Report to Council will be approved by thc and received by the Council prior to the joint public hearing on the project :~clol~tio~. 'l'hc report to Council will also include a st.n'nmary of consultations with thc ~tl'l;cctcd taxing agencies as well as recommendations by the Planning Commission on projcct adoption. As currently scheduled, the Agency/City Council ,,viii receive the l(cport to £'otmcil nt its '- meeting on May 15, 2000 and will have a month to review the document prior to thc .joint public hearing tentatively scheduled for .lune 19th. Recommended Agency action is to adopt the Preliminary Report and authorize its transmittal to each affected taxing entity. REDEVELOPMENT PLAN: Based on prior actions, staff and the City/A~gency redevelopment consultants have been working to implement the plan adoption process in accordance with thc requirements o1' the California Community Redevelopment Law (Health and Safety Code Section 330()() et seq.), and have prepared a proposed Redevelopment Plan tbr the Cupertino Vallco Redevelopment Project, which will eventually be scheduled for consideration by thc City Council and Agency at a noticed public hearing. The Community Redevelopment Law requires that the Redevelopment Plan contain provisions for participation in the redevelopment of property in the Project Area by property owners; it also requires that the Agency extend reasonable prcfcrcnccs to persons who are engaged in business in the Project Area to reenter in business within thc redeveloped area if they otherwise meet the requirements prescribed by the Redevelopment Plan. These provisions must be set tbrth in rules adopted by thc Agency prior to the Agency's approval of the Redevelopment Plan, and the rules must bc made available for public inspection. Recommended Agency action is to refer the Redevelopment Plan to thc Planning Commission for report and recommendation. DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR): The DEIR was prepared by the planning firm of Wagstaff and Associates. It will provide environmental review for the Redevelopment Project. When the use permit is submitted, the EIR will be evaluated to determine if any additional analysis is required. The only Agency action on this item is to attthorize circulation. Any substantive review by the Planning Commission and City Council will occur after the 45-day review period. Although no discussion or action on the DEIR is requested at this time, thc document provides background information on Vallco Fashion Park that tile City Council may find helpful in understanding the project. RECOMMENDATION: Adopt rules for owner participation and extension of reasonable preferences to businesses, Resolution No. RA-99-11. Adopt of Preliminary Report and authorize transmittal of report to affected taxing entities, Resolution RA-99~ 12. Refer proposed Redevelopment Plan to the Planning Commission tbr report z,m.I recommendation, Resolution No. RA-99-13. Authorize circulation of the Draft Environmental Impact Report. Resolution 1~.,\-9~)- 14. Enclosures: Model Resolutions Exhibit A: Vallco Fashion Park Redevelopment Project Plan Adoption Schedule Rules Governing Participation by Property Owners Preliminary Report Redevelopment Plan Draft Environmental Impact Report Prepared by: Ciddy Wordell, City Planner Submitted Director of Community Development City IVlanager G :planning/pdreportJcc/vallcoredevelopgovem RESOLUTION NO. RA-00-01 RESOLUTION OF THE CUPERTINO REDEVELOPMENT AGENCY ,,\I~I'R()VIN(; AND ADOPTING RULES GOVERNING PARTICIPATION BY I~R()I'EI~,TY ()WNI.;RS AND THE EXTENSION OF REASONABLE REENTRY PREFERENCES TO BUSINF, NS OCCUPANTS IN THE CUPERTINO VALLCO REDEVELOPMENT PR().IECT WHEREAS, the Cupertino Redevelopment Agency has prepared a proposed Redevelopment Plan for the Cupertino Vallco Redevelopment Project: and WHEREAS, Section 33345 of the California Community Redevelopment l,aw (I Icalth and Safety Code Section 33000 et seq.) provides that a redevelopment agency shall adopt and make available for public inspection rules to implement the operation of owner participation in connection with a redevelopment plan; and WHEREAS, Section 33339.5 of the California Community Redevelopment Law provides that a redevelopment agency shall adopt and make available for public inspection rules rcg:u'ding the extension of reasonable preferences to persons who are engaged in business in thc project area to reenter in business within the redeveloped area if they otherwise meet the requirements prescribed by the redevelopment plan; NOW, THEREFORE, BE IT RESOLVED BY THE CUPERTINO REDEVELOPMI!N'I' AGENCY that the "Rules Governing Participation by Property Oxvncrs and thc l!xtcnsion of Reasonable Reentry Preferences to Business Occupants in the Cupertino Vallco l~.cdcvclopmcnt Project," in the form attached hereto and incorporated herein by reference, arc hereby approved and adopted. this PASSED AND ADOPTED at a regular meeting of the Cupertino Redevelopment Agency day of ,2000, by the tbllowing vote: Vote Members of the Redevelopment Agency AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Secretary Chairman, Redevelopment Agency RESOLUTION NO. RA-I}0-1}2 RESOLUTION OF THE CUPERTINO REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING TRANSMITTAL OF THE PRELIMINARY REPORT TO AFFECTED TAXING ENTITIES ()N THE PROPOSED REDEVELOPMENT PLAN FOIl THE CUPERTINO VALLCO REDEVELOPMENT PRO.IECT WHEREAS, pursuant to the California Community Redevelopment La~,, (llcalth and Safety Code Section 33000 et seq.), the Cupertino Redevelopment Agency (thc "Agency") has prepared a proposed Redevelopment Plan (the "Redevelopment Plan") fbr thc Cupertino Vallco Redevelopment Project (the "Project"); and WHEREAS, pursuant to Section 33344.5 of the Community Redevelopment Lav,. tl~c Agency has prepared a preliminary report (the "Preliminary Report") on thc proposed Redevelopment Plan for the Project tbr transmittal to each affected taxing entity as defined in Section 33353.2 of the Community Redevelopment Law; NOW, THEREFORE, BE IT RESOLVED BY THE CUPERTINO REDEVELOPMENT AGENCY THAT: Section 1. hereto. The Agency hereby approves the Preliminary Report in thc form attachcd Section 2. The Executive Director of the Agency is hereby authorized and dircctcd to transmit the Preliminary Report to each affected taxing entity. this PASSED AND ADOPTED at a regular meeting of the Cupertino Redevelopment Agcncy day of ,2000, by the tbllowing vote: Vote Members of the Redevelopment Agency AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Secretary Chairman, Redevelopment Agency RESOLUTION NO. RA-00-03 RESOLUTION OF THE CUPERTINO I/EDEVELOPMENT A(; ENCY REFERRING THE PROPOSED REDEVELOPMENT PLAN F()R THE CUPERTINO VALLCO REDEVELOPMENT I'I/O,IECT TO THE PLANNING COMMISSION OF THE CITY (.)F CUPERTINO FOR REPORT AND RECOMMENDATION WHEREAS, the California Community. Redevelopment Law (Health and Section 33000 et seq.) provides in Section 33346 that, befbre a proposed redevelopment plan is submitted to the legislative body, the redevelopment agency shall submit the proposed plan to thc planning commission for its report and recommendation; and WHEREAS, the Cupertino Redevelopment Agency has prepared a proposed Redevelopment Plan for the Cupertino Vallco Redevelopment Project; and NOW, THEREFORE, BE IT RESOLVED BY THE CUPERTINO REDEVI~I,OI'MI.;N'I' AGENCY THAT the proposed Redevelopment Plan lbr the Cupertino Vallco Project, in the form attached hereto, is hereby referred to the Planning Commission of thc City Cupertino for report and recommendation. this PASSED AND ADOPTED at a regular meeting of the Cupertino l~,cdcvclopmcnt day of ,2000, by the tbllo~ving vote: Vote Members of the Redevelopment Agency · AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Secretary Chairmal~. Redevcloplncnt Agency RESOLUTION NO. IL4~00-04 RESOLUTION OF THE CUPERTINO REDEVELOI'MENT A(/ENCY ACCEPTING AND AUTHORIZING CIRCULATION OF THE DRAFT ENVIRONMENTAL IMPACT REPORT ON TH E PROPOSED REDEVELOPMENT PLAN FOIl THE CUPERTINO VALLCO REDEVELOPMENT PRO.IECT WHEREAS, the Cupertino Redevelopment Agency (the "Agency") has prepared and completed a Draft Environmental Impact Report (the "Draft EIR") on thc proposed Redevelopment Plan for the Cupertino Vallco Redevelopment Project (thc "Pro. jcct") in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for hnplementation of the Calilbrnia l~:nvimmncntal Quality Act .(14 Cal. Code Regs. Section 15000 et seq., hereafter the "State CE(,-)A Guidelines" and the local procedures adopted by the Agency pursuant thereto; and WHEREAS, the Agency hereby finds that the Draft EIR is in sufficient detail to permit adequate evaluation and review of the environmental impacts of the proposcd Project: and WHEREAS, notices were sent to responsible agencies, affected taxing entities, and other interested persons and organizations for the purpose of soliciting comments prior to final preparation of the Draft EIR; and NOW, THEREFORE, BE IT RESOLVED BY THE CUPERTINO REDI;:VI~I.()I'MI!NT AGENCY THAT: Section 1. The Agency hereby finds that the Draft EIR on thc proposed Redevelopment Plan is in sufficient detail to permit adequate evaluation and review of thc environmental impacts of the proposed Project and is hereby accepted by the Agency as thc Agency's Draft EIR for said Project. Section2. The Executive Director, acting on behalf of the Agency, is hcrcby authorized and directed to: (a) File a Notice of Completion with the State (Sfficc of' I~lanning and Research in accordance with Section 15085 of the State CEQA Guidelines: (b) Send the Draft EIR to the State Clearinghouse lbr distribution to, and review and comment by, all state agencies having jurisdiction by law and/or special cxpcrtisc with respect to the Project; (c) Provide for the distribution of said Draft EIR lbr comment ii'om and consultation with public agencies which have jurisdiction by law with respect to thc Ih'ojcct and to each affected taxing entity, as defined in Section 33353.2 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.): and (d) Publish a notice once in The Cupertino Cottrier. a newspaper of gcncral circulation in the City of Cupertino, and provide notice to organizations and individuals who have previously requested such notice, advising the public of the availability o1' copies of said Draft EIR for review and comment by the public. Copies of said Draft Eli>, shall bc maintained for public inspection during the comment period at the office of the City Clerk at City I lall. 10300 Torre Avenue, Cupertino, California. Resolution No. RA-00-04 l'a*_,c 2 this Vote PASSED AND ADOPTED at a regular meeting of thc Cupcrtil~o I~cdcxclOl'm~cnt :\gcnc.x da.',,' of . 2000. bb' the tbllowing vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the Redevel.opment Agency APPROVED: Secretary Chairman. Redevelopment Agency CUP/AgResoAccptDrEIR 2 2/15~00 EXHIBIT VALLCO FASHION PARK REDEVELOPMENT PROJECT PLAN.ADOPTION SCHF,DULE January 13, 20C_.Z3 A [ Document Dra~ .... S~a'ff "~'-- Fina¢ " Planning Agency City Comments Commission Council -Survey Area Designated " 7/19/99 Preliminary Plan 7/9/99 7/12/99 7/15/99 7/19/99 7/19/99 Redevelopme'nt Plan 8/3/99 8/17/99 8/24/99 2/22_J00 O.P. Rules 8/3/99 8/17/99 8/24/99 2/22J00 Revised Preliminary Report 1/21100 2/7/00 2/14/00 2/22100 Draft EIR 10/27/99 11/12.J99 11/24/99' ' 2/22/00 ' Report to C°uncil 4/17/0(5 4/28100 5/5/00 5/'J5/00 ' ' 5/;15/00 Final EIR 4/171(5(5 4128100 5/5/00 ' '5/15100 Initial Use Permit Receipt .- TBDz Initial Use ~p0rt "' TBD Initial Use Permit Approval 6/19or 6/26/00 EiR NOP/l~itial Study 8/18/99 Draft EIR Received 2/22_/00 Review Period (4.5 days) 2/24--4/10/0b'" Final F. IR 4/17/00 'Agency Approval 6/19 or 6/26100 Community con~ultatlons Mailing and Publishing of Meetings 10/13/99 Community Information Meeting' 10127/99 Planning Commission Receipt of Plan & EIR 2/28100 Repo¢. and Recommendations On Plan 3127100 (30 days} Receipt of Initial Use Permit TBD Report on initial Use Permit TBD TAXING AGENCIES "Notice of Intent to Adopt Plan Sent 7/23/99 Fiscal Officers Repo~ (60 days) 9/20/9~ Preliminary Report & EIR Transmitted 2/23/00 Consultations 2/23- 6/19/00 Hearing Agency & Council Consent Notices Mailed (30 days before hearing) 5/15/00 5/17/00 Notices published (4 weeks before 5/22, 5/29 headng) 6/5, 6/12/a~ Joint Public Headng 6/19100 0/19/00 6/26/00' 6/26/00' 2"" Reading (with written objections) 7/3/00 Reading (if no written objections) Reading (with written objections ) Reading Of no written objections) * Special Meeting Agency & Council meets Ia & 3'a Mondays Planning Commission meets 2~ & 4th Mondays Agency staff receives final document on this date "To be determined" Agency receives letter from County dated Oct 22. ~ggg transmitting corrected assessed values for Project Area :60 000~/0~/'1;0