Cupertino City Council
February 21, 2023

Task 3— Prepare Final Deliverables
The results of Tasks 1 and 2 will be submitted City of Cupertino for review. Fehr & Peers will incorporate responses to one set of review comments to prepare the final deliverables.

FEE &. SCHEDULE
The fee to conduct Tasks 1, 2, and 3 is $ 4, 000. The revised drafts will be submitted within one week.

Please let me know if you have any questions on our proposal. We are looking forward to continuing to work with you and your staff on this project.

Sincerely,

FEHR & PEERS
Jane. A. Bierstedt, P. E.

Principal
PI3- 2638- S1

FEHR TEERS
2014- 2015
July 2014 through June 2015)
Classification Hourly Rate Hourly Billing Rates
Principal 195. 00 - $ 320. 00
Senior Associate 180. 00 - $ 240. 00
Associate 145. 00 - $ 200. 00
Senior Engineer/ Planner 125. 00 - $ 185. 00
Engineer/ Planner 100. 00 - $ 135. 00
Senior Technical Support 125. 00 - $ 170.00
Senior Administrative Support 105. 00 - $ 135. 00
Administrative Support 95. 00 - $ 125. 00
Technician 95. 00 - $ 135.00
Intern 80. 00 - $ 95. 00
Other Direct Costs/ Reimbursable expenses are invoiced at cost plus 10% for handling.

Personal auto mileage is reimbursed of the then current IRS approved rate( 56 cents per mile as of Jan 2014).

Voice& Data Communications ( Telephone, fax, computer, e- mail, etc.) are invoiced at cost as a percentage of project labor.
effective 612812014
Fehr& Peers reserves the right to change these rates at any time with or without advance notice.

January 22, 2014

OFFICE OF THE CITY CLERK

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 - 3255
TELEPHONE: ( 408) 777 -3223 • FAX: ( 408) 777 -3366
WEBSITE: www. cupertino. org
Fehr & Peers
160 W. Santa Clara Street, Suite 675
San Jose, CA 95113
Re: Agreement
Enclosed is a fully executed original copy of your agreement with the City of Cupertino.

If you have any questions or need additional information, please contact the Community Development Department at (408) 777 -3308.

Sincerely,
Dorothy Ste nfott 7r"
Senior Office Assistant
cc: Planning
Enclosure

AGREEMENT BETWEEN THE CITY OF CUPERTINO AND FEHR & PEERS FOR CONSULTANT SERVICES FOR. PARKING ANALYSIS & PARKING

MANAGEMENT PLAN FOR THE MAIN STREET PROJECT
0 THIS AGREEMENT, for reference dated November 27, 2013, is by and between CITY OF CUPERTINO, a municipal corporation ( hereinafter referred to as " City"), and Fehr & Peers, a California corporation, whose address is 160 W Santa Clara Street, Suite 675, San Jose, California 95113 ( hereinafter referred to as " Consultant "), and is made with reference to the following:

RECITALSA. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code.

B. Consultant is specially trained, experienced and competent to perform the special services which will be required by thi:3 Agreement; and C. City and Consultant desire to enter into an agreement for a total amount not to exceed EIGHT THOUSAND, SIX HUNDRED DOLLARS ($ 8, 600) upon the terms and conditions herein.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. TERM:

The term of this Agreement shall commence on November 27th, 2013, and shall terminate on December 31St, 2014, unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED:

Consultant shall perform each and every service set forth in Exhibit A, which is attached hereto and incorporated herein by this reference, in accordance with the terms and conditions set forth in this agreement.

Consultant' s Project Manager to represent consultant during the day -to -day work on the Project is Leon Raykin. Consultant' s Project Manager shall have supervisory responsibility for the performance, progress, and execution of the Services. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval ofthe City. Consultant, at City' s request, also agrees to promptly remove personnel who City finds do not perform the Services in an acceptable manner.

3. COMPENSATION TO CONSULTANT:

Consultant shall be compensated for services performed pursuant to this Agreement in the amounts set forth in Exhibit A, which are attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City, to be taken from the 1 10 -221 1 ( BS 21994) fund.

4. TIME IS OF THE ESSENCE:

Consultant and City agree that time is of the essence regarding the performance of this Agreement.

5. STANDARD OF CARE:

Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City.

6. INDEPENDENT PARTIES:

City and Consultant intend that the relationship between them created by this Agreement is that of employer - independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant' s services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant.

7. IMMIGRATION REFORM AND CONTROL ACT ( IRCA):

Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his /her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations.

Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant.

8. NON - DISCRIMINATION:

Consistent with City' s policy that harassment and discrimination are unacceptable employer / employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant' s employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability„ marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement.

9. HOLD HARMLESS.:

Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement., indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the Consultant or Consultant' s employees, officers, officials, agents, or independent contractor' s negligence, recklessness, or willful misconduct arising out of or related to the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees of counsel of City' s choice, expert fees and all other costs and fees of litigation.

10. INSURANCE:

On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 9A, B, C, D and E. Such certificates, which do not limit Consultant' s indemnification, shall also contain substantially the following statement: " Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty ( 30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance ofthis Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates.

A. COVERAGE:

Consultant shall maintain the following insurance coverage:
1) Workers' Compensation:

Statutory coverage as required by the State of California. 2) Liability:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $ 500, 000
each occurrence
1, 000, 000
aggregate - all other
Property Damage: $ 100, 000 each occurrence
250, 000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of $1, 000, 000 will be considered equivalent to the required minimum limits shown above.
3) Automotive:

Comprehensive automotive liability coverage in the following minimum limits:

Bodily Injury: $ 500, 000 each occurrence
Property Damage: $ 100, 000 each occurrence
or
Combined Single Limit: $ 500, 000 each occurrence
4) Professional Liabilih':

Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $ 1, 000, 000.

B. SUBROGATION WAIVER:

Consultant agrees that in the event of floss due to any of the perils for which he /she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his /her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance.

C. FAILURE TO SECURE:

If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant' s name or as an agent ofthe Consultant and shall be compensated by the Consultant for the. costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is :received that the premiums have not been paid.

D. ADDITIONAL INSURED:

City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.

E. SUFFICIENCY OF INSURANCE:

The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant' s insurance broker to determine adequate coverage for Consultant.

11. CONFLICT OF INTEREST:

Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.

12. PROHIBITION AGAINST TRANSFERS:

Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result i. n changing the control of Consultant, shall be construed as an assignment ofthis Agreement. Control means fifty percent ( 50 %) or more of the voting power of the corporation.

13. SUBCONTRACTOR APPROVAL:

Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. Consultant may change or add subcontractors only with the prior written approval of City.

In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement.

14. PERMITS AND LICENSES:

Consultant, at his /her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder.

15. REPORTS:

A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as " Report ", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement.

B. All Reports prepared by Consultant may be used by City in execution or implementation of:
1) The original Project for which Consultant was hired; 2) Completion ofthe original Project by others;
3) Subsequent additions to the original project; and / or 4) Other City projects as appropriate.

C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement.

D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided.

E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall Lie made available to any individual or organization by Consultant without prior approval by City. If such Reports are reused by City for any purpose other than that for which such Reports were originally prepared, or if City causes such Reports to be altered without Consultant' s written consent, such reuse shall be at City' s risk.

16. RECORDS:

Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement.

Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All. such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proci, edings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three ( 3) years after receipt of final payment.

If supplemental examination or audit of the records is necessary due to concerns raised by City' s preliminary examination or audit of records, and the City' s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit.

17. NOTICES:

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided.

All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at:

City of Cupertino
10300 Torre Ave.

Cupertino CA 95014
Attention: Aarti Shrivastava, Director ofCommunity Development All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at:

Fehr & Peers
160 W. Santa Clara Street, Suite 675
San Jose, CA 95113
Attention: Jane A Bierstedt, P. E., Principal

18. TERMINATION:

In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof.

City shall have the option, at its sole discretion and without cause, ofterminating this Agreement by giving seven ( 7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination.

19. COMPLIANCES.:

Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City.

20. CONFLICT OF LAW:

This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rulers which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement ( or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California.

21. ADVERTISEMENT:

Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise.

22. WAIVER:

A waiver by City of any breach of and, term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

23. INTEGRATED CONTRACT:

This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant.

24. INSERTED PROVISIONS:

Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party.

25. CAPTIONS:

The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions ofthis Agreement.

IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.

CONSULTANT
Fehr & Peers
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CITY OF CUPERTINO
A Municipal Corporation
By Aarti Shrivastava ' 11 111,/%
Title Director, Community Development
Date:

APPR ) VED AS TO FORM:
l3y
City Attorney
ATTEST:

By:

City Clerk

ACCOUNT' NUMBER AMOUNT
110 -2211 ( BS 21994 - Main Street) 8, 600

EXHIBIT A

SCOPE OF SERVICES

FEHR' PEERS
October 23, 2013
Mr. Gary Chao
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
Subject: Propsal to Prepare a Shared Parking Analysis and Parking Management Plan for Main Street
Dear Gary:

Fehr & Peers is pleased to submit this proposal to prepare a shared parking analysis and develop a parking management plan for the Main Street mixed- use development in Cupertino, California.

We will update our existing shared parking analysis for Main Street to reflect the Latest tenant matrix and determine whether the proposed parking supply, including the on - site spaces and diagonal spaces on Vallco Parkway, will be sufficient.

The shared parking analysis used for project approval included assumptions regarding the types of restaurants and the maximum amounts of each to ensure that the parking supply would be sufficient since restaurants generate higher parking demands per 1,000 sf than other retail uses and different types of restaurants have different parking rates. After the project is constructed the tenant mix will likely change and will continue to change over time. It could be very difficult for the leasing office to select new tenants with the restrictions placed on the amounts of various restaurant types. Therefore a parking management plan will be prepared with various options on how to accommodate a variety of retail and restaurant tenants and still have a sufficient amount of parking.

The Scope of Work, Fee, and, and Schedule are presented in the following sections.

SCOPE OF WORK
Fehr & Peers will complete the following tasks:
160 W.' Santa Clara Street I Suite 675 1 San Jose, CA 95113 1 ( 408) 278 - 1700 1 Fax ( 408) 278 - 1717 www. fehrandpeers. corn
Mr. Gary Chao
October 23, 2013

Task 1— Revise Main Street Shared Parking Model
Fehr & Peers will review the shared parking model prepared for Main Street and update it to reflect the tenant matrix, to be confirmed with City staff. The model will be run to determine the projected hourly parking demands. The peak demand will be compared to the proposed parking supply. If any shortages are projected, we will identify potential changes to the tenant mix to bring the demand in line with the supply.

Task 2 — Identify Parking Management Strategies
The parking characteristics of Main Street will change as the tenant mix changes. Fehr & Peers will develop alternative strategies that can be used tc ensure that the parking demand is in line with the parking supply. Alternatives to be investigated include: ( 1) developing a simplified formula that can be used to project parking demand, ( 2) creating a parking monitoring program, ( 3) unbundling residential parking and allowing employee parking in the surplus spaces, ( 4) implementing a Transportation Demand Management ( TDM) program to reduce the office parking demand, and ( 5) introducing carshare services.

Task 3 — Prepare Draft Report
The results of Tasks 1 and 2 will be submitted in a draft report for City of Cupertino and Sand Hill Property Company review. Fehr & Peers will attend a meeting to discuss review comments.

Task 4 — Prepare Final Report
A final report will be prepared present the shared parking analysis results and the recommended parking management strategies.

FEE
The fee to conduct Tasks 1, 2, and 3 is $ 7, 400. A total of six staff hours has been budgeted to prepare the final report. Therefore the total feE' is $ 8, 600. A contract amendment would be required if a greater level of effort is needed for the final report based on the extent of review comments or multiple rounds of comments.

Mr. Gary Chao
October 23, 2013

SCHEDULE
The draft report can be submitted within three weeks of our receipt of a fully executed contract and the retail tenant mix to be evaluated.

Please let me know if you have any questions on our proposal. We are looking forward to continuing to work with you and your staff on this project.

Sincerely,

FEHR & PEERS
Jane A. Bierstedt, P. E.

Principal
P13- 2638 -S1

PROFESSIONAL/ CONSULTING SERVICES AGREEMENT

1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“ City”), and Fehr & Peers (“ Contractor”), a Corporation for Main Street Parking Study, and is effective on September 1, 2022 (“Effective Date”).

2. SERVICES
Contractor agrees to provide the services and perform the tasks (“ Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID- 19.

3. TIME OF PERFORMANCE

3.1 This Agreement begins on the Effective Date and ends on June 30, 2023 (“ Contract Time”), unless terminated earlier as provided herein. Contractor’ s Services shall begin on the effective date and shall be completed by June 30, 2023. The City’ s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy

3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated herein as ExhibitA.

3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time.

4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed 42,000 (“ Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit A, attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’ s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.

4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty ( 30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement.

5. INDEPENDENT CONTRACTOR

5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’ s compensation, or other benefits from the City.

5.2 Contractor’ s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and in accordance with the standard of care applicable to contractors providing similar services under similar circumstances to that of Contractor under this Agreement.

5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/ or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.

5.4 Subcontractors. Only Contractor’ s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.

5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement.

5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’ s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made.

6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement.

Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.

7. OWNERSHIP OF MATERIALS

7.1 Property Rights. Any interest ( including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “ Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third- party without prior written approval of City.

7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “ works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.

Contractor may use copies of the Work Product for promotion only with City’s written approval.

7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.

7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub- contractors prepared or created under this Agreement, to execute or implement any of the following:
a) The original Services for which Contractor was hired; b) Completion of the original Services by others;
c) Subsequent additions to the original Services; and/or d) Other City projects.

7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.

7.6 Background IP and Third-Party Content. Notwithstanding anything to the contrary in this Agreement, Contractor shall retain all rights, titles, and interests, including but not limited to all ownership and intellectual property rights, in all inventions, improvements, discoveries, methodologies, models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other intellectual properties developed, gathered, compiled or produced by Contractor prior to or independently of any of its services under this Agreement Background IP”), including such Background IP that Contractor may employ in the performance of this Agreement, or may incorporate into any part of the Work Product. Contractor grants City an irrevocable, non-exclusive, transferable, royalty-free license in perpetuity to use, disclose, and derive from, such Background IP, but only as an inseparable part of the Work Product. Third-party content that may be used or incorporated in the Work Product shall not become the property of City.

8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’ s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment.

Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.

9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent 50%) or more of the voting power of the business entity.

10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “ City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses to the extent caused by the negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, and volunteers (“ Indemnitees”), through legal counsel reasonably acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses ( including reasonable attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, to the extent caused by any of the following:
a) Contractor’ s breach of contract, obligations, representations, or warranties; b) Negligent or reckless acts or omissions committed by Contractor during performance of the Services, or the Contractor’ s willful misconduct;
c) Personal injury, property damage, or economic loss resulting from the negligent or

reckless acts or willful misconduct of Contractor or its subcontractors or subsubcontractors d) Contractor’ s unauthorized use or disclosure of City’s confidential and proprietary Information;
e) Claim of infringement or violation by Contractor of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.

11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. In no event shall the cost to defend charged to Contractor exceed Contractor’ s proportionate percentage of fault.

11.3 Contractor’ s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.

11.4 Contractor’ s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction.

11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

11.6 This Section 11 shall survive termination of the Agreement.

12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D (note: there is no Exhibit B or C to this contract), and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage.

Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’ s compensation or terminating the Agreement.

13. COMPLIANCE WITH LAWS

13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’ s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.

13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “ public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws.

13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired- Immune Deficiency Syndrome AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees.

13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.

14. PROJECT COORDINATION
CityProject Manager. The City assigns Gian Martire, Senior Planner as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.

Contractor Project Manager. Subject to City approval, Contractor assigns Franziska Church, Principal as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’ s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.

15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’ s pre- approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent ( 10%) of the total time expended to date in the performance of the Services.

16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.

17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.

Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’ s award must be supported by law and substantial evidence and include detailed written findings of law and fact.

18. ATTORNEY FEES
If either Party to this Agreement initiates legal action, files a complaint or cross- complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.

19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.

20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’ s waiver of a breach shall not constitute waiver of another provision or breach.

21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement( s) and understanding( s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’ s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.

22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate.

23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.

24. SEVERABILITY/ PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.

25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/ Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect.

26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:

To City of Cupertino
Office of the City Manager
10300 Torre Ave.

Cupertino, CA 95014
Attention: Gian Martire
Email: [email protected]
To Contractor:

Fehr & Peers
460 W Santa Clara Street, Suite 675
San Jose, CA 95113
Attention: Franziska Church
Email: f.church@fehrandpeers. com

27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.

IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.

CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name
Title Title
Date Date
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date
Franziska Church
Principal
Dec 5, 2022
Christopher D. Jensen
Luke Connolly
Acting Community Development Director
Dec 6, 2022
Dec 6, 2022
160 W. Santa Clara Street | Suite 675 | San José, CA 95113 | ( 408) 278- 1700 | Fax ( 408) 278- 1717 www.fehrandpeers. com
August 18, 2022
Gian Martire
Senior Planner
Community Development
10300 Torre Avenue
Cupertino, California 95014
Subject: Proposal to Evaluate the Parking Demand for the Proposed Target Building ReUse Project at the Main Street Development in Cupertino, California Dear Mr. Martire,
Fehr & Peers will evaluate the parking demand for the proposed re-use of the Target building at the Main Street Shopping Center located at the northwest corner of Stevens Creek Boulevard/Tantau Avenue in the City of Cupertino, California. The project proposes re-use of the vacant Target building and repurpose it for entertainment uses. The types of entertainment uses are not fully defined and will be finalized as part of Task 1. The purpose of the analysis is to provide an estimate of the change in parking demand with the proposed project.

Our proposed scope of work, schedule, and fee estimate are outlined below.

Scope of Work
Task 1 Project Description
Fehr & Peers will participate in a conference call with the City to discuss and confirm the proposed entertainment uses of the project. This will include a discussion of available data sources and methodologies to estimate trip generation and parking demand for the entertainment uses. Since entertainment uses frequently have limited available data, especially for more unique uses, we will discuss alternate methodologies that could be applied to develop estimates.

Task 2 Project Trip Generation
As part of this task, we will develop vehicle trip generation estimates for the proposed project, including daily and weekday AM/PM peak hour trips. Where available we will apply ITE trip generation rates or rates from other engineering sources. For uses that do not have available data we will develop trip generation estimates based on alternate methodologies and engineering judgment. We will document our assumptions for review and input from City staff.

Exhibit A
Gian Martire
August 18, 2022

Task 3 Parking Model Update
Given COVID-19 and its effect on travel behavior and outdoor seating for restaurants, we will reestablish the parking demand for the Main Street Development. This would include collecting hourly parking occupancy surveys for up to five hours each on a weekday evening and a weekend mid-day (or alternative period determined in collaboration with City staff). In addition, we will update the Parking Model using the latest version of the of the Urban Land Institute (ULI) Share Parking Model
Task 4 Parking Analysis
Based on the methodologies and assumptions developed in Task 2, we will evaluate the parking demand of the proposed project using the updated Main Street Parking Model from Task 3. In addition, after accounting for the parking demand for the existing and proposed land uses, we will provide information on the remaining parking supply and how much additional restaurant uses could be accommodated. We will also provide recommendations on potential wayfinding strategies and considerations.

Task 5 Deliverable
We will document out methodology and findings from tasks 1through 3 in a technical memorandum for review by City staff. We have included up to eight staff hours to respond to City comments and finalize the memorandum.

Fee Estimate and Schedule
Fehr & Peers will perform this analysis on a time-and-materials basis with a not-to-exceed budget of $42,000. We will submit the draft parking model evaluation memorandum and project trip generation within four to five weeks following receipt of a fully executed contract and count data from our count vendor. This scope assumes one round of comments from the City on the draft memo, followed by the submittal of a final version of the memo by Fehr & Peers within 2 weeks.

Invoices will be submitted monthly for services rendered and are due and payable upon receipt.

Exhibits B & C
Gian Martire
August 18, 2022

If the terms of this proposal are acceptable to you, please forward a contract for our review and execution. We look forward to collaborating with you on this project. If you have any questions or comments, please call me at (408) 645-7014.

Sincerely,

FEHR & PEERS
Franziska Church, AICP
Principal
P21- 3973- SJ
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable toCity.

INSURANCE POLICIES AND MINIMUMS REQUIRED

1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $ 2,000,000 per occurrence ( ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever isgreater. b. Additional Insured coverage under Consultant's policy shall be " primary and non-contributory," will not seek contribution from City’ s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’ s own insurance or selfinsurance shall be called upon to protect City as a named insured.

2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’ s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury ordisease.

Not required. Consultant has provided written verification of noemployees.

4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’ s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of theContract. b. Insurance must be maintained for at least five (5) years after completion of theServices. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase extended reporting” coverage for a minimum of five (5) years after completion of theServices.

EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022

OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:

Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Additional Insureds”) are to be covered as additional insureds on Consultant’ s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’ s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).

Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’ s insurance and shall not contribute to it.

Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.

Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’ s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City.

Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.

Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term.

Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’ s insurance policies.

Higher Insurance Limits
IfConsultant maintains broader coverage and/or higher limits than the minimums shown above, Cityshall be entitled to coverage for the higher insurance limits maintained by Consultant.

Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAXPHONE
A/C, No, Ext): A/C, No):(
E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER EXPTYPEPOLICY EFF POLICYOF INSURANCE MM/ LIMITS( DD/YYYY)( MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
RENTEDCLAIMS- DAMAGE TO MADE OCCUR $
PREMISES ( Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO- POLICY AGGJECT LOC PRODUCTS - COMP/OP
OTHER:$

COMBINED SINGLE LIMIT
Ea accident)
ANY AUTO BODILY INJURY (Per person)$

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident)$

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY ( Per accident)

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
LIMITDESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 ( 2016/ 03) 1988- 2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
The ACORD name and logo are registered marks of ACORD
4/5/2022
License # 0E67768
925) 660-3514 50008 ( 925) 416-7869
13056
Fehr & Peers
100 Pringle Avenue, Suite 600
Walnut Creek, CA 94596
29424
10725
A 2,000, 000
X X PSB0006683 12/ 6/2021 12/ 6/2022 1,000, 000
10, 000
2,000, 000
4,000, 000
4,000, 000
000A1,000,
X X PSA0002276 12/ 6/2021 12/ 6/2022
000A5,000,
PSE0002889 12/ 6/2021 12/ 6/2022 5,000, 000
B
X 57WEGZJ1989 5/1/2022 5/1/2023 1,000, 000
1,000, 000
1,000, 000
C Professional Liab. AEXNYABEFJ2006 12/ 6/2021 Per Claim 5,000, 000 C Professional Liab. AEXNYABEFJ2006 12/ 6/2021 12/ 6/2022 Aggregate 5,000, 000 SJ19-1989 - LOS to VMT Transition Project
All Operations of the Named Insured, including the aforementioned project, if any.

General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non-Contributory with Waiver of Subrogation included, as required per written contract.

Auto Liability: Please see blanket Additional Insured endorsement with Waiver of Subrogation included, as required per written contract.

Workers' Compensation: Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation endorsement, as required per written contract.

SEE ATTACHED ACORD 101
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014- 3202
FEHR& PE-01 MICHAELA
IOA Insurance Services
3875 Hopyard Road
Suite 200
Pleasanton, CA 94588
Gigi Yuen
Gigi.Yuen@ioausa. com
RLI Insurance Company
Hartford Casualty Insurance Company
Liberty Surplus Insurance Corp
X
12/ 6/2022
X
X
X
X X
X
X
FORM NUMBER:

EFFECTIVE DATE:

The ACORD name and logo are registered marks of ACORD

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE
FORM TITLE:

Page of

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 ( 2008/ 01)
AGENCY CUSTOMER ID:

LOC #:

AGENCY NAMED INSURED

POLICY NUMBER

CARRIER NAIC CODE
2008 ACORD CORPORATION. All rights reserved.

IOA Insurance Services
FEHR& PE-01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
License # 0E67768
1 SEE P 1
Fehr & Peers
100 Pringle Avenue, Suite 600
Walnut Creek, CA 94596
SEE PAGE 1

MICHAELA
1 Description of Operations/Locations/Vehicles:

GENERAL LIABILITY & AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION( S): The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers, as required per written contract Policy Number: RLI Insurance Company
Named Insured:

PPB 304 02 12 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® FOR PROFESSIONALS

BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY

1. C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for " bodily injury", " property damage" or " personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you; or
c. In connection with “ your work” and included
within the “ product-completed operations
hazard”.

2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any " professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.

3. The following is added to SECTION III H.2. Other
Insurance – COMMON POLICY CONDITIONS
BUT APPLICABLE ONLY TO SECTION II –

LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
additional insured under this policy must apply on a
primary basis, or a primary and non- contributory
basis, this insurance is primary to other insurance
that is available to such additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The " bodily injury" or " property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b. The " personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.

4. The following is added to SECTION III K. 2.

Transfer of Rights of Recovery Against Others to
Us – COMMON POLICY CONDITIONS ( BUT
APPLICABLE TO ONLY TO SECTION II –

LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for " bodily injury", " property
damage" or "personal and advertising injury" arising
out of " your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the " bodily
injury" or "property damage" occurs, or the "personal
and advertising injury" offense is committed.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

PSB0006683
Fehr & Peers

LIABILITY)

4. The followingg is added to SECTION III K. 2.

Transfer of Rights togyg of Recovery Against Others
Us – COMMON POLICY CONDITIONS ( BUT(
APPLICABLE TO ONLY TO SECTION II –

1. C. WHO IS AN INSURED isamended to include as
an additional insured anyperson thatyp or organization g requiringyg you agreeinacontractoragreement g qg
insurance to include as an additionalinsured onthis
bodilypy policy, but only with respect to liability for " injury",
y
property
p
damage" or
y
personal andjy
y
pp y g p
advertising injury" caused in whole or in part by you
or those acting on your behalf:
gjy
However, iforyp you specificallygagree in a contract
agreement that the insurance provided to an
additional insured under this policy must apply on a
primary basis, or a primary and non- contributory
py ppy
py py y
basis, this insurance is primary insurancepy to other
thatisavailable tosuch additionalinsured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:

Policy Number: RLI Insurance Company
Named Insured:

PPA 300 03 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® BUSINESS AUTO ENHANCEMENT

SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. Broad Form Named Insured
B. Employees As Insureds
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
E. Employee Hired Autos
F. Fellow Employee Coverage
G. Auto Loan Lease Gap Coverage
H. Glass Repair – Waiver Of Deductible
I. Personal Effects Coverage
J. Hired Auto Physical Damage Coverage
K. Hired Auto Physical Damage – Loss Of Use
L. Hired Car – Worldwide Coverage
M. Temporary Transportation Expenses
N. Amended Bodily Injury Definition – Mental Anguish
O. Airbag Coverage
P. Amended Insured Contract Definition – Railroad Easement Q. Coverage Extensions – Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound
R. Notice Of And Knowledge Of Occurrence
S. Unintentional Errors Or Omissions
T. Towing Coverage
PSA0002276
Fehr & Peers
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
PPA 300 03 13
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision:

Any business entity newly acquired or formed by you
during the policy period, provided you own fifty
percent ( 50%) or more of the business entity and the
business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of one hundred eighty ( 180) days
following the acquisition or formation of the business
entity.

This provision does not apply to any person or
organization for which coverage is excluded by
endorsement.

B. Employees As Insureds
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision:

Any “employee” of yours is an “insured” while using
a covered “ auto” you don't own, hire or borrow in
your business or your personal affairs.

C. Blanket Additional Insured
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision:

Any person or organization that you are required to
include as an additional insured on this coverage
form in a contract or agreement that is executed by
you before the “ bodily injury” or “ property damage”
occurs is an “insured” for liability coverage, but only for damages to which this insurance applies and
only to the extent that person or organization
qualifies as an “ insured” under the Who Is An
Insured provision contained in SECTION II –
COVERED AUTOS LIABILITY COVERAGE.

The insurance provided to the additional insured will
be on a primary and non-contributory basis to the
additional insured’s own business auto coverage if
you are required to do so in a contract or agreement
that is executed by you before the “bodily injury” or
property damage” occurs.

D. Blanket Waiver Of Subrogation
The following is added to the SECTION IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions,

5. Transfer Of Rights Of Recovery Against
Others To Us:

We waive any right of recovery we may have against
any person or organization to the extent required of
you by a contract executed prior to any “accident” or
loss”, provided that the “ accident” or “ loss” arises
out of the operations contemplated by such contract.

The waiver applies only to the person or
organization designated in such contract.

E. Employee Hired Autos

1. The following is added to the SECTION II –

COVERED AUTOS LIABILITY COVERAGE,
Paragraph A.1. Who Is An Insured Provision:

An “ employee” of yours is an “ insured” while
operating an “ auto” hired or rented under a
contract or agreement in that “ employee' s”
name, with your permission, while performing
duties related to the conduct of your business.

2. Changes In General Conditions:

Paragraph 5.b. of the Other Insurance Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following:
b. For Hired Auto Physical Damage Coverage,
the following are deemed to be covered
autos” you own:
1) Any covered “auto” you lease, hire, rent
or borrow; and
2) Any covered “ auto” hired or rented by
your “employee” under a contract in that
individual “ employee's” name, with your
permission, while performing duties
related to the conduct of your business.

However, any “ auto” that is leased,
hired, rented or borrowed with a driver is
not a covered “auto”.

F. Fellow Employee Coverage
SECTION II – COVERED AUTOS LIABILITY
COVERAGE, Exclusion B.5. does not apply if you
have workers compensation insurance in-force
covering all of your employees.

G. Auto Loan Lease Gap Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE,
C. Limit Of Insurance, is amended by the addition
of the following:

In the event of a total “ loss” to a covered “ auto”
shown in the Schedule of Declarations, we will pay
any unpaid amount due on the lease or loan for a
covered “auto”, less:

1. The amount paid under the PHYSICAL
DAMAGE COVERAGE section of the policy;
and

2. Any:
a. Overdue lease/loan payments at the time of
the “loss”;
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
Form WC 04 03 06 1) Printed in U.S.A.

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57 WEG ZJ1989 Endorsement Number:

Named Insured and Address: FEHR & PEERS
100 PRINGLE AVE STE 600
WALNUT CREEK CA 94596
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
Main Street
Final Audit Report 2022- 12-06
Created: 2022- 12-05
By: City of Cupertino ( webmaster@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAk4sSAREFjZVW47WICz53wgGY- QSBDAgk Main Street" History
Document created by City of Cupertino ([email protected]) 2022- 12- 05 - 7:04:54 PM GMT- IP address: 35.229. 54.2 Document emailed to Araceli Alejandre ([email protected]) for approval 2022- 12- 05 - 9:05:25 PM GMT
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Email viewed by [email protected]
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2022- 12- 06 - 7:07:06 PM GMT- IP address: 104. 47.74.126 Document e-signed by Luke Connolly ([email protected]) Signature Date: 2022- 12-06 - 7:13:57 PM GMT - Time Source: server- IP address: 98.45.225. 187 Document emailed to Kirsten Squarcia ([email protected]) for signature 2022- 12- 06 - 7:13:58 PM GMT
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2022- 12- 06 - 7:17:26 PM GMT
Second Addendum
To the Final Environmental Impact Report
For the Main Street Cupertino Project (SCH# 2008082058) Main Street Cupertino
Housing and Retail Modifications
File No. M-2012-03, ASA-2012-10 and TM-2012-04
Prepared by the
City of Cupertino
August 2012

Main Street Restaurant % Calculation
Square Feet
%
Restaurant
estimate
based on
known
tenants
S F
Restaurant
per
building Office
Pad 11,583 1001,583
Pad 22,077 1002,077
Pad 31,860 1001,860
Pad 48,200 1008,200
Pad 55,852 0-
Pad 65,674 0-
Future Major
Tenant21,000 0-
Shops 15,400 804,320
Shops29,828 807,862
Shops 39,960 1009,960
Shops 412,840 10012,840
Shops 53,912 1003,912
Shops 67,070 302,121
Shops 77,067 664,664
Shops 87,051 503,526
Above Shops 221,176 0-21,176
Total SF130,55062,925 48%
Add Apple Retail Cafes:

Apple Retail 1
Approx. 2,0002,000
Apple Retail 2.

Approx. 2,0002,000
Total SF134,55066,925 50%
%
Restaurants
Total SF Less
Office in Parking
Garage Shops 2
Area113,374 59%
Actual
percent
restaurant
with office
removed
Source: , 8.15.12
CONCEPTUAL SITE PLAN FOR REVISED PROJECT FIGURE 4
RESOLUTION NO. 12- 098

OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION ( M-2012- 03) TO A MASTER USE PERMIT ( U-2008- 01 AND M-2011- 09), ARCHITECTURAL AND SITE APPROVAL ( ASA-2011- 24) AND TENTATIVE MAP( TM- 2011- 04) FOR A MIXED USE DEVELOPMENT TO ALLOW A HOTEL WITH 180 ROOMS; 130, 500 SQUARE FEET OF RETAIL SPACE; 260, 000 SQUARE FEET OF OFFICE; A

0. 80- ACRE TOWN SQUARE; A 120- UNIT LIVE/WORK RENTAL LOFT APARTMENT HOUSING COMPLEX WITH AN ATTACHED 9, 146 SQUARE FOOT RETAIL CONDOMINIUM UNIT, AND 216 PARHING SPACES IN THE ATTACHED UNDERGROUND GARAGE DEDICATED FOR RESIDENTIAL USE ONLY; A 5- LEVEL PARKING GARAGE WITH TWO LEVELS OF UNDERGROUND PARKING; A 0. 75 ACRE PARK INCLUSIVE OF THE PARK AREA AND THE 20- FOOT WIDE LANDSCAPE BUFFER ALONG THE

WESTERN PERIMETER OF THE SITE ADJACENT TO THE METROPOLITAN MIXED- USE DEVELOPMENT; AND A TOTAL OF 1, 769 PARHING SPACES ( ASIDE FROM THE RESIDENTIAL PARKING), BASED UPON A CREDIT OF 42 ON- STREET PARKING SPACES AND 1, 695 SPACES FOR THE RETAIL, OFFICE AND HOTEL AND AN ADDITIONAL 32 PARKING SPACES ON SITE, ON AN 18. 5 ACRE SITE LOCATED ON THE NORTH SIDE OF

STEVENS CREEK BOULEVARD BETWEEN FINCH AVENUE (INCLUDING BOTH SIDES OF FINCH AVENUE) AND N. TANTAU AVENUE IDENTIFIED BY APNS 316- 20- 085, 316- 20- 078 AND 316- 20- 079
SECTION I: PROJECT DESCRIPTION
Application No.: M- 2012- 03
Applicant: Kevin Dare
Property Owner: 500 ForUes, LLC
Locarion: North of Stevens Creek Boulevard between Finch Avenue ( including the both sides of Finch Avenue) and N. Tantau Avenue, south of Vallco Parkway APNs 316- 20- 085, 316- 20- 078 AND 316- 20- 079)
SECTION II: FINDINGS
WHEREAS, the City Council of the City of Cupertino received applications for a Modification to a Master Use Permit, Architectural and Site Approval and Tentative Map, as described in Section I of this Resolution; and
WHEREA5, the necessary public notices have been given in accordance with the Procedural Ordinance ofthe City of Cupertino, and the City Council has held one or inore puUlic hearings on this matter; and WHEREAS, a Second Addendum to the Final Certified 2009 nvironmental Impact Report was prepared to adequately address the envirotunental review of the proposed applications in accordance with the California Enviromnental Quality Act( CEQA); and
WHEREAS, the applicazit has met the burden of proof required to support said application; and has satisfied the following requiremeuts:

Resolution No. 12- 098

6. HOTEL OPERATIONS
The hote] shall be permitted to operate as a 24- hour late night business operation and shall provide a minimum 6, 500 square foot restaurant and meeting space area on the ground floor of the hotel along the Town Square. Any additional or revised uses for the hotel will be reviewed at the time specific business operation information is provided about these uses to determine if they are permitted and will require a separate Use Permit application.

Note: This modifies the Condition IVo. 5 in the approval dated January 20, 2009) to replace the requireinent for a 400- person banquet facility with a 6,500 squaze foot restaurant and meeting space.)

7. LIVE/ WORK RENTAL LOFT APARTMENT REOUIREMENTS
Prior to issuance of building permits, a covenant, approved by the City Attorney, shall be required to ensure that the live/ work rental loft apartment complex shall not be converted to condominium units in the future, and shall adhere to the loft- style studio and one- bedroom units per the approved site and floor plans. The covenant shall contain a provisioii that it may not be modified without the express written approval ofthe City.

8. RETAIL CONDOMINIUM OWNERSHIP REOUIREMENTS ( PARCEL 5) The developer shall construct no inore than oi e retail condominium adjacent to the rental market rate loft aparhnents. This retail condominium shall be owned by the same ownership as the rest of the retail on Retail Parcel 1 and not be sold separately. i

9. MAXIMUM PERCENTAGE OF RESTAURANTS
The maximuin square footage of food service uses permitted within the retail space of the mixeduse development shall not be rnore than 40% of the total retail square footage of 130,500 square feet ( or a maximum of 52, 600 square feet of restaurant uses) based upon the approved development plan dated August 15, 2012 in accordance with the Main Street Cupertino — Revised Proposed Project Analysis report as Appendix A in the Second Addendum to the Final Certified 2009 EIR prepared by Fehr and Peers. Any future refinements to the restauruit percentage may be approved by the Director of Community Development if a subsequent arking and traffic analysis indicates that there is adequate parking for tl e various inixtures of uses and there are no additional and/ or new significant traffic impacts compared to thresholds studied in the original 2009 Environmental Impact Report and 2012 Addendum.

10. TENTATIVE MAP
Approval of a Tentative Map is granted to subdivide the property frotn three parcels into six parcels per Pages TM-I tlu ough TM-8 as follows:
a. Parcel 1 — 11 acres for the retail buildings, park and town square b. Parcel2— 1. 5 acres for the office building on the corner c. Parcel3 — 1. 5 acres for the office building along Vallco Parkway d. Parcel4— 1. 5 acres for the hotel
e. Parcel 5 - 1. 5 acres for the live/work loft apartment building with a 9, 146 square foot two-unit retail condominiutn parcel
Parcel 6— 1. 5 acres for the Common Area Parcel for tl e benefit ofParcels 1 tlu ough 4. 4 From: Peggy Griffin
To: City Council
Cc: City Clerk
Subject: 2023-02-21 CC Mtg Agenda Item13 Main Street square footage Date: Tuesday, February 21, 2023 4:45:43 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please include this as part of Written Communication for this City Council Agenda item.

Dear City Council,
I want to thank Gian Martire for taking time to speak with me today regarding Main Street. Gian’s update does not mention that an application has been submitted by the property owner requesting a change to the restaurant percentage so they can put ENTERTAINMENT, not retail, where the old Target Express was located. I would guess that that is the primary reason this square footage issue has come up.

As a result of this request and the conditions of approval, a parking and traffic analysis is being finished by Fehr & Peers. It’s supposed to include TRAFFIC too but it’s not clear it will.

After this traffic analysis, an addendum to the EIR will be done by David J. Powers BUT the public has no input. This EIR should include the Vallco SB35 project, the 2 Apple Buildings near Lawrence and any proposed development nearby. It’s not clear that it will.

The public will not be notified of any of this until the change in use-permit is brought to the PC and CC. For those living in the Metropolitan or within 300 ft of the property line, you will be notified when this comes to the PC/CC.

I suggest that all those interested in this development, contact City Staff periodically to find out what’s going on.

Thank you,
Peggy Griffin