Cities Index.
Agreement

San Jose City Council
November 15, 2022

Document
Agreement
Meeting
November 15, 2022
Body
San Jose City Council
Original file
17.3 MB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

RD:JVP:LCP 11/28/12

RECORDING REQUESTED
BY CITY OF SAN JOSE:

WITHOUT FEE UNDER SECTION 6103 GOVERNMENT CODE OF THE STATE OF CALIFORNIA When Recorded, Return To:

City of San Jose
200 East Santa Clara Street
San Jose, CA 95113
Attn: City Clerk, 2nq Floor West Wing
Final Tract No. 9275

FIRST AMENDMENT TO SETTLEMENT AND PARKLAND

AGREEMENT BETWEEN

CITY OF SAN

JOSE AND

FRIT SAN JOSE TOWN AND COUNTY VILLAGE,

LLC AND

RESTRICTIONS AND CONVENANTS RELATING TO

PRIVATE RECREATIONAL MPROVEMENTS
This FIRST AMENDMENT TO PARKLAND AGREEMENT ("First Amendment") is made and entered into by and between the CITY OF SAN JOSE, a municipal corporation of the State of California (hereinafter "CITY"), and FRIT SAN JOSE TOWN AND COUNTRY VILLAGE, LLC, a California Limited Liability Company (hereinafter "DEVELOPER") as of the date of City's execution ("Effective Date"). Each of CITY and DEVELOPER are sometimes hereinafter referred to as a "PARTY" and collectively as the "PARTIES."

RECITALS
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T-7825.010.001/930462

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

RD: JVP:LCP
11/28/12
WHEREAS, on December 5, 2006, CITY and DEVELOPER entered into an agreement entitled “SETTLEMENT AND PARKLAND AGREEMENT BETWEEN CITY OF SAN JOSE AND FRIT SAN JOSE TOWN AND COUNTY VILLAGE, LLC” (“PARKLAND AGREEMENT”) under which DEVELOPER agreed to satisfy its Parkland Dedication Obligation Tract No. 8907 for the subdivision of real property located at the southeasterly corner of Stevens Creek Boulevard and Winchester Boulevard (“PROJECT”), in the City of San José; and
WHEREAS, under the PARKLAND AGREEMENT, DEVELOPER’s total Parkland Dedication Obligation for the PROJECT consisted of a parkland obligation of 8.25 acres, which when converted to a park impact in-lieu fee equaled $7,506,250 (1201 units x $6250). Per the PARKLAND AGREEMENT, DEVELOPERS compliance with the PDO/PIO obligation was to be met through the construction of on-site Private Recreation totaling 50,000 gross square feet, the cash value of which equals $2,924,240. The remainder of the obligation was met through a $25,000 credit for previous work toward potential parkland acquisition and the payment of a $4,557,010 park impact in-lieu fee; all as further described in the PARKLAND AGREEMENT; and WHEREAS, the PARKLAND AGREEMENT was recorded in the Office of Santa Clara County Clerk-Recorder on March 7, 2007 as document 19329927; and WHEREAS, building permits have been issued for a majority of residential units in the PROJECT and construction of all Private Recreation Improvements have been completed, except for those intended for Santana Row Parcel 12 and Santana Row Plaza; and
WHEREAS, the Parties desire to enter into this First Amendment to the ORIGINAL PARKLAND AGREEMENT to replace ATTACHMENT A and ATTACHMENT B in its entirety with the attached REVISED ATTACHMENT A and ATTACHMENT B that is T-7825.010.001/930462

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

RD:JVP:LCP
11/28/12
Recreation Improvements constructed to date and delineate changes to the Private Recreation Improvements previously constructed as part of the PROJECT;

NOW, THEREFORE, THE PARTIES HEREBY AGREE TO AMEND THE
AGREEMENT AS FOLLOWS:

SECTION 1. ATTACHMENT A is amended and replaced in its entirety as shown in REVISED ATTACHMENT A, attached and incorporated into this First Amendment.

SECTION 2. ATTACHMENT B is amended and replaced in its entirety as shown in REVISED ATTACHMENT B, attached and incorporated into this First Amendment.

SECTION 3. All of the terms and conditions of the ORIGINAL PARKLAND AGREEMENT not modified by this First Amendment shall remain in full force and effect.

T-7825.010.001/930462

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

RDJVP:LCP
11/28/12
WITNESS THE EXECUTION HEREOF on the day and year hereinafter written by City.

APPROVED AS TO FORM: CITY OF SAN JOSE, a municipal
corporation
By:

JON CALEGARI Deputy City Attorney TONI J.TABER, CMC
Acting City Clerk
Date:

DEVELOPER

Seth Bland
Senior Vice President, Regional
Development
365 Santana Row, Suite 1005
San Jose, CA 95128
* All Developer/Owner's signatures must be accompanied by an attached notary acknowledgement.
* Proof of authorization for Developer's/Owner's signatures is required to be submitted concurrently with this Agreement.

T-7825.010.001/930462

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

ACKNOWLEDGMENT

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Ma Mom )
on Nemo 6, 202) before me LOW Le See lo Wika Narivay
(insert name and title of the officer) AWA.
personally appeared win Rand ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Commission # 2330723
Notary Public - California
Santa Clara County
My Comm. Exp: JUL. 23, 2024
WITNESS my hand and official seal.
soratre SYD) (Seal)
bomen | Nid

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED ATTACHMENT A

LON
CRITERIA: SUMMARY OF REQUIREMENTS

DATE AGREEMENT TERMS OF AGREEMENT

03.07.2007 | Settlement |. Wo hotels and 1201 units approved, required dedication or in and Parkland lieureimbursements forland and improvements totaling 50,000 Agreement gross square feet of improved on-site recreation space.

See Appendix A 2. Proposed to convert the park dedication to anin lieu fee based on the following:

FEE BASIS:
1201 unitsx2.29 persons/unit
003 Acre/Person=8.25 ac,
1201 units x $6,250= $7,506,250
LESS CREDITS:

Private Recreation Credits referenced above equaling:
$2,924,240
plus $25,000 deposit (appraisal fee)
FEE BASIS: — -$7,506,250
CREDIT: +$2,924,240
DEPOSIT: +__ $25,000
=$4,557,010

05.27.2016 | Planned 1, Approved demolition of 47 M.F. units, approved construction of development permit 110M.F.units.

PD15-068
; 2. 11Qunits are part ofthe 39 5 unbuilt and previously entitled See Appendix B Santana Row expansion FEIR, therefore no additional parkland

dedication or fee is required.

SANTANA ROW RECREATION 3

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED ATTACHMENT B

SANTANA ROW RECREATION
» CONTENTS
/ OVERALL SITE KEY MAP
CRITERIA: SUMMARY OF REQUIREMENTS
_ INVENTORY
/ CALCULATIONS
> wo Ye Ff

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

OVERALL SITE KEYMAP

LEGEND
A. PARK VALENCIA
B. PAVILION PARK (CHESS BOARD)
C. SANTANA ROW PARCEL 12
6B. LEVARE RESIDENCES
7B. SANTANA HEIGHTS
8A.SERRANO RESIDENCES
8B. MISORA RESIDENCES

9. PLAZA PARK

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i
1 :

2 SANTANA ROW RECREATION

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

OVERALL SITE KEYMAP

PRIVATE RECREATION AMENITY ASSESSMENT

Map Building/Amenity Size (SQ
Location Name items Ft.)
6B Levare Picnic Area 284
Picnic Area 2,931
7B Santana Heights Pool Area 3,400
Picnic Area 2,700
Picnic Area 944
Recreation Room, Fitness 3,864
Picnic Area 3,360
8A Serrano Community Room, Outdoor 4,191
Picnic Area 8,848
8B Misora Pool Area 9,048
Picnic Area 4,921
Recreation Room 279
Recreation Room 237
Recreation Room 196
Recreation Room, Media Room 1,038
Theater Room 266
Community Room, Community
Kitchen 1,210
Recreation Room, Fitness 1,700
Recreation Room, Rooftop 1,411
Picnic Area, Rooftop 3,822
9 700 Santana Row Plaza Park 8,495
Cc Future Private Rec Recreation Room 7,610
A Park Valencia Outdoor Park 10,303
B Santana Row Park Outdoor Park 5,500
Total Recreation Provided 86,558

4 SANTANA ROW RECREATION

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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PICNIC AREAL. < 4,998SF §

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STAGE 4,792 SF
ODN:

PARK VALENCIA
As acentral plaza surrounded by retail, Park Valencia
offers opportunities for passive and active recreation with achildren's play area, chairs and tables for socializing, and amphitheater and synthetic turf open space for
community gathering.

SANTANA ROW RECREATION 5

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

INVENTORY

6 SANTANA ROW RECREATION

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 5 A h TA ty 4 R Q Wy
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PROPOSED PLAN
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é sini . |_| ERIN CHESEO RTD AED
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§ EL RON RESTAURANT! NO Se (cructure to be removed) se

SANTANA ROW

EXISTING CONDITIONS PLAN

SANTANA ROW PARK (PAVILION CHESSBOARD)
The Pavilion at Santana Row was originally constructed in January 2003, and has beenin continuous operation since then. The project is currently going through a renovation design process and will be ready for demolition and
reconstruction of the building only inthe Spring of 2019.

The project includes a large scale in-ground chess board withlargechess pieces for visitors to conduct achess
matchinthe parksetting. This areawillnot be modified
by the construction project. The site contains numerous outdoor dining tables, chairs, shade trees and a fountain to makeitadestinationamenityinthe heart of the restaurant
district of Santana Row.

Thelarge chessboard and picnic areas will not be affected by the construction project. Picnic and dining areas will be expanded by the project, resulting in larger recreation space available to the community.

SANTANA ROWRECREATION 7

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

INVENTORY

8 SANTANA ROW RECREATION

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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6B LEVARE RESIDENCES

PICNIC PARK
The Levare residential building was constructed to provide recreation amenities in a common area courtyard setting.

It provides large shaded picnic opportunities, numerous barbecue grills, tables and chairs, intimate seating
arrangements, seatwalls, a fireplace and a decorative
waterfall fountain. Recreation and picnic areas total3,215 square feet on thissite.

SANTANA ROW RECREATION = 9

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

INVENTORY

IC SANTANA ROW RECREATION

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 7B SANTANA HEIGHTS

FITNESS STUDIO AND

BARBECUE AREA
Santana Heights houses the fitness studio, which has
equipment for active recreation including weighilifting, running and cross-training. The outdoor area has
barbecues, and tables, chairand umbrellas for outdoor
dining. Recreation amenities total 7,224 square feet in these areas.

SANTANA ROWRECREATION 11

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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10 SANTANA ROW RECREATION

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. pie —
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8A SERRANO RESIDENCES

COURTYARD
Serrano apartments were constructed around active and
passive recreation opportunities in the courtyard spaces.

Lounging decks, picnic opportunities, and open multi-use lawn areas provide volleyballand badminton areas and
dog walking opportunities. Large group picnic tables and barbecue grills are provided for families to entertain small andlarge gatherings. The combined active and passive
spaces in the courtyards total 13,039 square feet.

12. SANTANA ROW RECREATION

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

SANTANA ROW RECREATION — 13

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

INVENTORY

8B MISORA RESIDENCES

OUTDOOR AMENITIES
The courtyard spaces constructed at Misora apartments
provide active and passive recreation opportunities for programming, such as lap swimming, water volleyball,
group water aerobics as well as family and individual
recreation swimming, sunbathing, picnics, barbecues,
socialization and passive contemplation opportunities. The recreation spaces in this area total 13,969 square feet.

14. SANTANA ROW RECREATION
1 95%
bya Wish acee

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

SOCIAL SPACES EXERCISEROOM MEETING ROOMS

8B MISORA- INDOOR AMENITIES
Indoor recreation amenities constructed at Misora
apariments provide recreation opportunities for year-
round utilization. Amenities include meeting rooms, game rooms, reservable and casual drop-in use lounge spaces, kitchens, theater, social events, game playing, socializing, event rentals, exercise programs, movie screenings,
community organization meetings, and group cooking
demonstrations.

SANTANA ROW RECREATION — 15

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

INVENTORY

8B MISORA RESIDENCES ROOF DECK
The rooftop of the Misora apartment building has
been designed and constructed to provide active and
passive recreation opportunities, including ping-pong
tournaments, table games, sunbathing, lounging, outdoor dining/picnic events, socialization, barbecues and
enjoyment of the vistas from the elevated, open view
rooftop environment. The recreation areas provide 4,963 square feet of active and passiverecreationspace.

16 SANTANA ROW RECREATION

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

SANTANA ROW RECREATION 17

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

INVENTORY

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4 Extr
9 OFFICE PLAZA PARK
Currently under construction, the design for the common area at the terminus of Santana Rowincludes abundant
picnic space, smallandlarge group outdoormeeting
opportunities and sculptural elements. Renovation
opportunities provide a 75% credit toward meeting local parks and recreation needs, for a total of 8,495 square feet.
18 SANTANA ROW RECREATION

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

FQ
: RESIDENTIAL Te i
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LEVARE

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Sad ari

SITE PLAN

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BUILDING A
RESIDENTIAL LEVEL 1

BUILDING &
BUILDING ALEVEL 1 FLOORPLAN
SANTANA ROW PARCEL 12
This residential building on the eastern edge of
Santana Rowis scheduled to begin construction
in2019,.Thenewbuildingwillhave aloobyandan
amenities area, a greatroom, gym, entertainment
andgameroom, andconferencerooms. Total
recreation area totals 7,610square feet.

SANTANA ROWRECREATION — 19

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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