2004-134-Approve A Community Benefit Agreement For A Planned Development At 14300 Winchester BlvdRESOLUTION 2004 -134
RESOLUTION OF THE TOWN COUNCIL OF THE'TOWN OF LOS GATOS
APPROVING A COMMUNITY BENEFIT AGREEMENT
FOR A PLANNED DEVELOPMENT AT 14300
WINCHESTER BOULEVARD
WHEREAS, the 'Town of Los Gatos approved Ordinance 2130 approving an
amendment to a Planned Development at 14300 Winchester Boulevard, and
WHEREAS, Ordinance 2130 requires the applicant to provide specified community
benefits, and
WHEREAS, the Ordinance requires the applicant to enter into an Community
Benefit. Agreement with the'Town prior to issuance of building permits, and
WHEREAS, such an agreement has been developed by the :applicant and the Town;
THEREFORE BE IT RESOLVED The Town Council hereby approves the
Community Benefit Agreement attached hereto as Exhibit A.
FURTHER RESOLVED: The Town Manager is authorized to .execute said
Community Benefit Agreement.
PASSED .AND ADOPTED at a regular meeting of the Town :Council of the Town
of Los Gatos, California, held on the lsk day of November .2004 by the following vote:.
COiJNCIL MEMBERS:
AYES.: Sandy Decker, Diane McNutt,. Joe Pirzynski, Mike Wasserman,
Mayor Steve Glickman.
NAYS : None
ABSENT: None
ABSTAIN: None
SIGNED: , ~~
MAYOR OF'THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
~_~ ,' _ ~ `
CLERK OF THE TOWN OF LOS GA O
LOS GATOS, CALIFOFc~T;,A
Ci\Documents and Settings\MRasmuss\LocalBeuings\Temp\14300Win-CBA Reso.wpd
CQMMUl`1>tTY BEIeTEFITS AGREEME1~iT
This agreement ("Agreement"), effective as of this day of , 2004, is by
and between Sobrato Land Holdings, a California limited partnership {"Owner") and the Town of
Los Gatos {"Town") as :follows:
RECITALS
Owner has been granted .approvals for developza~ent of an office/research and
development/residential project (the "Project") on property generally known as 14300-14350
Winchester Boulevard in the Town (the "Property"). Said approvals include a rezoning of the
Property to the CM:PD (Controlled Manufacturing/Plaruled Development) zone, approved by
Ordinance No. 21.30, adopted on May 5, 2004, as well as Architectural and:Site approval, approved
by Resolution No. 5-04-47 dated August 17, 2004. These approvals, as well as others that will be
obtained froze the Town are collectively called the "Approvals."
During the process of obtaining the Approvals, Owner represented that it was willing to provide
certain benefits to the Town as an incident of development of the Project. Some of such benefits
were required as conditions of the Approvals. These various benefits are collectively called herein
the "Commtuxty Benefits."
Town and Owner desire to enter into this Agreement in order to further .specify the scope of the
CommunityBenefits, to avoid uncertainty in the development of the Project, .and to memorialize the
obligations that Owner has undertaken as part of the development oftl~e Project.
NOW, TT-IEREFORE, in consideration of the foregoing recitals and of the mutual covenants and
conditions contained herein, Town and Owner hereby agree as follows;
1. Ll~ht Rail Shuttle. The Town desires Owner to assist the Town in its efforts to bring Light
Rail Service to Los Gatos. Owner shall contribute funds to facilitate the operation of a shuttle or
equivalent service:("Shuttle Service")between the Winchester Station in Campbell and the Project.
The Shuttle Service shall commence operationupon the later of(i) thebeginning oflight rail service
to the Winchester Station in Campbell or {ii) the Town's issuance of a Final Certificate of
Occupancy far the .first building in the Project and Owner's obligations shall terminate if and when
light rail service or other public transportation is available to the Project. The Town Council
recognizes the evolving circumstances of the VTA Community Bus Program and grants Town staff
the authority to issue all required building permits for the project. Occupancy of the project shall
be withheld until such time as the Town and Owner agree to the specific terms of the light rail
shuttle. Staff will retui~ to the Council with a specific agreement on the light sail .shuttle prior to
final occupancy for the project.
2. Transit for Livable Communities. IftheTown intends to apply for grant fluids far the Transit
for Livable Communities ("TLC") program. Following issuaa~ce of the f rst final certificate of
occupancy for the residential portion of the Project,. Owner shall help the Town in its formulation
of such a program by providing technical assistance through the services of a grant writer designated
by the Town and reasonably acceptable to Owner. Such assistance shall not exceed a total of forty
(40) hours of consultant's time, which s1ia11 be at no cost to the Town.
3. Affordable ITousing_IJnits. Pursuant to Section II {1) in Ordinance 2130, Owner has
coordinated with the Director of Community Development and has designated fifty one (S 1) of the
residential units as belowmarket rate units. Pursuant to Section'V (5) of Ordinance:2130, these units
shall be subject to the Town's Below Market Price Program in place at the time Ordinance 2130 was
adopted by the Town, and Owner shall record a deed restriction prior to the Town :granting the first
final certificate of occupancy an a residential building within tl~e Project.
4. Riparian. Improvements. Prior to issuance of the first final certificate of occupancy far the
Project, Owner shall either have installed, or shall have provided bonds or other adequate security
for the installation of, Twenty Thousand Dollars ($20;000) of landscape improvements along the
edge of the Los. Gatos Creels Trail adjacent to the Property. 'This work will include two drinking
fountains at the two access locations .from the property to the Creels Trail sa long as such work is
permitted by the appropriate regulatory authority. In the event that the regulatory agency does not
allow the water fountains to be installed alongside the creek trail, the fountains will be installed oz1
the applicant's property near the two trail connections to the creek trail.
5. Public Art. Owner shall provide a contribution toward a gateway art feature to be located
on the Property in the amount of One hundred Thousand Dollars ($100,000). Owner shall propose
the public art and shall seek input from the Arts Commission of the Town prior to submitting the art
to the Director of Cornrnunity Development for approval. Owner shall have contributed or shall
have provided bonds or other adequate security .for the payment toward the public art prior to the
Town granting the first final certificate of occupancy for the Project.
6. Traffic and Other Public Improvement. Owner shall pay to the Tawn the sum of Fifty
Thousand Dollars ($50,000) to be used for traffic and other public :improvements {the "Traffic
Contribution"). The amount of the Traffic Contribution shall be prorated between affice/R&D and
residential space on a square footage basis. The portion of the Traffic Cont~ibutioza applicable to
office/R&D space shall bepaid prior to the issuance of the first final certificate of occupancy for the
office/R&D space in the Proj est. The portion ofthe Traffic Contributionapplicable to the residential
space ..shall be payable at the issuance of the final certificate of occupancy for t11e residential
dwellings in the Project. A portion of this fee will be used bythe Town to improve the intersections
ofl~nowles and A Street and Knowles and Winchester{e.g. enhanced crosswallcpavement/markings,
signal coordination, painting of signs and posts, asphalt repair atthe railroad tracks, etc.) to improve
its function for both pedestrians and vehicles as soon as practical
Owner is willing to allow the Tawn to redistribute the funds allocated to items #5 and #C~ above to
a sports facility so long as appropriate recognitiozi is given to Owner for its contributions az~d so long
as the traffic irzaprovements_required in item ##f are completed.
7. Traffic Demand .Management Plan. From and after the date this Agreement is signed by
Owner and the Tawn, Owner shall include in any lease of commercial space within the Project a
:provision whereby the commercial tenant agrees to develop .and implement a Traffic Demand
Management ("TDM") plan to the reasonable satisfaction of the Director of Coimnunity
Development of the Town.
8. Police Communications Infrastructure. Following issuance of all certificates of occupancy
for the buildings to be constructed as part of the Project, Owner will provide rooftop space for a
small antenna at the Property (at a location to be mutually determined by Owner and Town) for the
exclusive use of the Los Gatos Police Department in :its efforts to increase .public safety. Such
antenna shall be installed and maintained by the Town at the Town's sole expense, and any damage
to the Property and improvements thereon resulting from the installation, use or maintenance ofsuch
antenna shall be promptly repaired by the Town at the Town's sole expense. Owner shall have no
liability to the Town in the event of damage to the antenna from .any cause, including without
limitation .acts or omissions of Owner, and the Town shall be solely responsible for any repairs to
the antenna at the Town's sole cost, Before entering onto the Property pursuant to this Section 8,
the Town shall indemnify, defend with counsel reasonably acceptable to Owner pursuant to a
comprehensive indemnity agreement to be mutually agreed upon by the parties.
IN WITI~tESS V~THEREOF, this Agreement has been executed by the parties hereto as ofthe year and
date first above written.
TOWN:
TOWN OF LOS GATOS, a municipal
corporation
By:
Debra Figone, Town Manager
APPROVED AS TO FORM:
Orry P. Karb, Town Attorney
ATTEST:
Marlyn Rasmussen, Clerk Administrator
OWNI/R:
SOBRATO LAND HOLDINGS, a
Califoniia liz~nited partnership
By: The .John Michael Sobrato 1985
Separate Property T~~.~st, Its General Partner
By: John Michael Sobrato, Trustee
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