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CC Resolution No. 9751 RESOLUTION NO. 9751 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN SYMANTEC, CUPERTINO CITY CENTER BUILDINGS, AND THE CITY OF CUPERTINO FOR THE COMPLETION OF CERTAIN IMPROVEMENTS ALONG STEVENS CREEK BOULEVARD AND WITHIN THE SOUTHEAST CORNER OF STEVENS CREEK AND DE ANZA BOULEVARD WHEREAS, there has been presented to the City Council a proposed agreement between Symantec, Cupertino City Center Buildings, and the City of Cupertino for the improvement of an existing private park located on the comer of Stevens Creek Boulevard and De Anza Boulevard and the installation of sidewalk and landscaping on the property easterly of and adjacent to the said comer site; and WHEREAS, the terms, conditions and provisions of this agreement have been reviewed and approved by the City Manager and the Director of Community Development and the Public Works Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement in concept as described on Exhibit A and authorizes the City Manager to execute said agreement on behalf of the City of Cupertino. The final agreement shall be approved as to form and content by the City Attorney. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1 lth day of December, 1996, by the following vote: Vote Members of the City_ Council AYES: BurneR, Chang, Dean, Sorensen, Baufista NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: (.~ayor, c~ty o~ cupemno "- EXHIBIT A (Resolution 9751) Conceptual Agreement The City of Cupertino, Cupertino City Center Buildings (park owner) and Symantec agree to the following: A. Symantec will pay $1.00 per square foot or (approximately $141,000 to $143,000 depending upon the final size of the amenity space within the lobby.)The payment will be made upon issuance of certificate of occupancy. B. Symantec/Cupertino City Center Buildings will finish the perimeter road/parking along the eastern border of the park.. The project will be completed prior to issuance of a certificate of occupancy for the Symantec project. C. Symantec/Cupertino City Center Buildings will install the streetscape improvements for the hotel site consistent with the Stevens Creek Boulevard Specific Plan. A double row of trees will frame a sidewalk. Turf will be installed between the sidewalk and curb. Turf will not be installed outboard of the sidewalk. (On the private property.)The project will be completed prior to issuance of a certificate of occupancy for the Symantec project. - D. The City will be responsible for the funding, planning and approval of public art and amenities within the comer park. The funds referenced in paragraph A above will be used to fund the improvements in the park.. Costs which exceed the funds provided by Symantec and/or Cupertino city Center Buildings would be borne by the City. E. The general public would continue to have access to the comer park and the City shall have the right to plan public events within said space. F. The City and Cupertino City Center Buildings will complete a separate agreement regarding the potential for dedication of the comer park to the City and/or a maintenance and use agreement. Generally, if the City obtains ownership, the City will maintain the park. Conversely, it the park remains in private ownership, it will be maintained privately. G. Symantec's obligation to provide public art would not be construed to mean public art within the comer plaza. The requirement for public art would be met on the Symantec building site. The concept of public art will be discussed further when Symantec seeks approval for the final landscaping plan. g/pdr~pon/symagr~