CC Resolution 11214RESOLUTION NO. 11214
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE
A TERMINATION AGREEMENT WITH LEXOR INVESTMENTS, INC. FOR
THE PROPERTY AT 2135 S. WINCHESTER BLVD.
WHEREAS, on November 21, 2006 the City Council approved Resolution 10709
conditionally approving a Planned Development Permit to allow the construction of a
new 5,488 square foot, one-story commercial building on property known as 2135 S.
Winchester Blvd.; and
WHEREAS, per Municipal Code 21.18.140, the applicant is required to underground all
overhead utility lines along the project's public street frontages; and
WHEREAS, a deferral of the requirements with a Development Agreement was seen as
more appropriate and would allow the applicant to participate in a Citywide
Underground Utility Program should the City adopt such a program by 2014; and
WHEREAS, the applicant submitted security as faithful performance to participate in an
Underground Utility Program; and
WHEREAS, the applicant had delayed the project as the economic conditions have not
been favorable for new retail construction; and
WHEREAS, the applicant's Planned Development permit approval and building permit
approval have now expired.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
does hereby authorize the Public Works Director to execute a Termination Agreement
with Lexor Investments, Inc. related to the property at 2135 S. Winchester Blvd.
PASSED AND ADOPTED this 7th day of September, 2010, by the following roll call
vote:
AYES: COUNCILMEMBERS: Kotowski, Kennedy, Furtado, Baker, Low
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS:
Att st:
Anne bee, City Clerk
Nbne
APPROVED:
Evan D. Low, Mayor