PC Res 2712RESOLUTION NO. 2712
BEING A RESOLUTION OF THE PLANNING COMMISSION,
CITY OF CAMPBELL, APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CAMPBELL AND BASCOM
AVENUE FINANCIAL CENTER ALLOWING CREDIT OF PARKING
FACILITIES FOR PROPERTY LOCATED AT 1701-1707 SOUTH
BASCOM AVENUE, IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. DA 90-01.
After notification and Public Hearing as specified by law on the
City-initiated Development Agreement between the City of Campbell and
Bascom Avenue Financial Center to allowing credit of parking facilities
for property located a 1701-1707 South Bascom Avenue, in a C-2-S
(General Commercial) Zoning District; and, after presentation by the
Planning Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning
Commission did find the following finding of fact:
The proposed development agreement allows a credit of 60 parking
spaces resulting in a parking ratio which is consistent with 2
previous approvals of larger office developments, and a parking
ratio of 1:258.
Based upon the foregoing findings of fact, the Planning Commission
further finds and concludes that:
The proposed development agreement is consistent with the city's
General Plan which shows a commercial land use for this area.
Based upon the above findings, the Planning Commission does hereby
recommend that the city Council of the City of Campbell enter into a
Development Agreement with Bascom Financial Center.
As part of this approval, the parties are required to comply with all
applicable Codes and/or Ordinance of the City of Campbell and the State
of California which pertain to this Development Agreement and are not
herein specified.
PASSED AND ADOPTED THIS 27 day of November
call vote:
1990, by the following roll
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Higgins, Fox, Meyer-Kennedy, Dougherty,
Wilkinson, Perrine
None
Alne
APPROVED:
Jay R. Perrine
Chairperson
ATTEST:
Steve Piasecki
Secretary
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF CAMPBELL AND BASCOM FINANCIAL CENTER FOR CREDIT
OF PARKING FACILITIES FOR PROPERTY LOCATED AT 1701-1707
SOUTH BASCOM AVENUE, IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. DA 90-1.
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That the City of Campbell does enter into a
development agreement by adopting the attached Exhibit A, entitled
Development Agreement between the City of Campbell and Bascom Financial
Center. Copies of said Exhibit are on file in the Planning Department.
SECTION TWO: This Ordinance shall become effective 30 days
following its passage and adoption and shall be published once within 15
days upon passage and adoption in the San Jose Mercury News, a newspaper
of general circulation in the City of Campbell, County of Santa Clara,
State of California.
PASSED AND ADOPTED this
roll call vote:
day of
1990, by the following
AYES:
NOES:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
ATTEST'.
APPROVED:
Barbara Olsasky, City Clerk
Michael Kotowski, Mayor
EXHIBIT A
BASCOM FINAI~C I&L CENTER
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT is entered into this
day of , 199~, by and between Philip Boyce, Susan E.
Boyce, Steven S. Connerw Carolyn Conner, Stanley E. Carroll, and
Carolee Carro~l (hereinafter referred to as "BASCOM FINANCIAL
PARTNERS"), an~] the CITY OF CAMPBELL, a Municipal Corporation
(hereinafter referred to as "CITY").
WHEREAS, CITY filed an eminent domain action on August
23, 1988 to acquire a portion of the property known as Santa
Clara County accessors's Parcel Number 288-2-21 (hereinafter
referred to as "Bascom Financial Center") for construction of a
public right-of-way to be known as Creekside Way;
WHEREAS, the property subject to the eminent domain
proceedings was used as parking for the Bascom Financial Center;
WHEREAS, the construction of Creekside way necessitates
relocation of an access easement which formerly provi(Ped access
from Campisi Way to Bascom Financial Center;
WHEREAS, CITY and BASCOM FINANCIAL PARTNERS have agreed
to terms for Stipulation of Judgment and final Order of
Condemnation, which will transfer title to the property subject
to the eminent domain proceedings to the City;
WHEREAS as part of said Stipulated Judgment CITY has
agreed to enter into and approve this Development Agreement to
mitigate the concerns of Bascom Financial Partners over the loss
of parking and access;
GENEItAL PROVI SIOMS
NOW THEREFORE, in consideration for the mutual promises
herein, the Parties agree as
1. Parking: Bascom Financial shall be treated by City as
having sixty (6~) parking spaces more than actually provided on
the parcel for purposes of meeting the parking reguirements of
the Campbell Municipal Code, provided that the number of spaces
is not reduced below the currently existing 2~3 spaces;
2. Exchange: CITY shall provide an irrevocable, non-
exclusive-' easement appurtenant to Bascom Financial Center over
the real property described in Exhibit A, attached hereto, for
purposes of vehicular ingress and egress between Bascom Financial
Center and Creekside Way by agents, invitees, guests, tenants and
patrons of Bascom Financial Center.
3. Sign: BASCOM FINANCIAL PARTNERS shall be permitted to
erect one On-site directional sign on BaScom Financial Center
oriented to Creekside Way, subject to obtaining all necessary
permits required by CITY for approval of height, size, design and
location.
4. Notwithstanding Government Code Section 65866, except as
otherwise provided in paragraphs I and 3 of this Agreement,
Ba$com Financial Partners shall comply with all lawful City ru]es
regulations, ordinances and conditions of approvat iD effect at
the time of obtaining a building permit for any proposed
development at Bascom Financial Center, including rules,
regulations, ordinances and conditions of approval relating to
the permitted uses of the property, the density or intensity of
the use, the maximum height and size of the proposed buildings,
and provisions for reservation or dedication of land for public
purposes, provided those rules, regulations, ordinances and
conditions of approval are uniformly applied to substantially
similar properties within the same zoning district throughout the
City.
5. Term: This Agreement shall be in effect for an initial
term of ~en (10) years. This Agreement shall be extended by the
parties for an additional five (5) years unless the CITY Council
finds that circumstances relating to traffic circulation or
parking demand in the area have substantially increased the need
for parking on the subject property;
6. Covenants: It is intended and determined that the
provisions of t~is Agreement shall constitute covenants which
shall run with the land and the benefits and burdens hereof shall
bind and insure to all successors in interest to the parties
hereto;
7. Amen4~ent: This agreement may be amended from time to
time by mutual consent of the parties or successors hereto,
provided that all such amendments must be in writing;
8. Applicable Law and Attorney Fees: This Agreement shall
be construed in acc°rda~'~e w~h the laws of the State of
California. Should legal action be brought by either party for
breach of this Agreement or to enforce any provision, the
prevailing party of such action shall be entitled to reasonable
attorney's fees, court costs and such other costs as may be fixed
by the Court;
9. No Joint Venture or Partnership: CIT~ and BASCOM
FINANCIAL PARTNE~ hereby renounce the existence of any form of
joint venture or partnership between them, and agree that
nothing contained herein or in any document executed in connect-
ion herewith shall be construed as making the parties hereto
joint venturers or partners;
10.
shal 1 be
Effective Date:
The effective date of this Agreement
;
11. This agreement contains the entire agreement of the
parties hereto, and supersedes any prior written or oral
agreements between them concerning the subject matter coDtalned
herein. There are no representations, agreement, arrangements,
or understandings, oral or written, between and among the parties
hereto, relating to the subject matter contained in this
agreement, which are fully expressed herein;
12. Each and every party to this agreement has been
represented by an attorney at law of his choosing, and represents
that they have read and fully understand the terms of this
agreement.
DEVELOPER
BASCOM FINANCIAL PARTNERS,
California Partnership
By: .
Its:
CITY
CITY OF CAMPBELL, a Municipal Corp.
BY:
MiChael Kotowski
ATTEST:
BY
Barbara Ol'sasky', City Clerk
Approved as to Form
William R. Seli'gmann
City Attorney