09-060 Tsai Residential Privacy Improvements City Hall
/ 10300 Torre Avenue
Cupertino, CA 95014 -3255
Telephone: (408) 777 -3354
FAX: (408) 777 -3333
44, S S. 1 y s �
CUPERTINO
OFFICE OF THE CITY MANAGER
June 4, 2009
LETTER AGREEMENT
Revision 2
for ENTERED
Tsai Residential Privacy Improvements
This Letter Agreement formally establishes points of agreement between Alex Tsai, hereinafter
referred to as Resident, and the City of Cupertino, :aereinafter referred to as City, regarding civil
design, structural design, landscape design, constmction, and other activities necessary to
address Resident's concerns for the loss of residential privacy due to the close proximity of the
new Stevens Creek Corridor Trail in Black Berry Farm.
1. City agrees that Resident will be subjected to a unique condition caused by the location
of the existing residence and the new Trail being constructed on the east side of Stevens
Creek.
2. City further agrees that Resident is entitled to residential site improvements that will in
some measure mitigate Resident's concerns for a reduction of visual privacy due to the
close proximity of the new Stevens Creek Trail in Black Berry Farm.
3. City further agrees that Resident is entitled to reimbursement, up to a maximum of Forty
Thousand Dollars ($40,000), from the Stevens Creek Corridor Park Project Funds, to
purchase the necessary design and construction services, to design, construct, bid and
permit any or all of the approved privacy mitigation measures listed in paragraph 6
below. Resident, in order to receive reimbursement, agrees to submit to City, a letter
requesting reimbursement, with Resident's full name, address and contact information, a
summary of expenses incurred, summary of reimbursements received to date, and copies
of invoices of consultants, contractors, suppliers, materials and other costs, directly
related to privacy mitigation .
4. Resident agrees that the costs of other improvements, undertaken by Resident, that are
not approved mitigation measures, designed and constructed in association with the
approved mitigation measures, will not be reimbursed by the City.
5. Resident agrees to separately and personally, pay for any other improvements which do
_ not directly privacy mitigation and which are not one of the approved privacy
mitigation measures listed in paragraph 6 below, and will not seek reimbursement for
those other improvements.
PRINTED ON RECYCLED PAPER
6. City agrees that the visual privacy mitigation measures, which qualify for reimbursement,
include fencing, screening, landscape plantings, window treatments, or retaining walls
which fully comply with all applicable codes aad ordinances.
7. Resident agrees that a retaining wall, to qualify for reimbursement, shall be tall enough
and structurally capable of supporting a fence that does not exceed City's fence height
ordinance but which is still high enough to prevent a Trail user from standing on the trail
near the creek and seeing directly into either the backyard or the garden at the end of the
residence. Resident acknowledges this will not prevent a Trail user from looking into the
two windows at the end of the house and that tie Resident is responsible for any
mitigation for the two windows.
8. Resident agrees that the landscape mitigation strip, on City's Service Road in front of
Resident's property, originally shown on City's master plan / CEQA document, is
impractical and will not be constructed because its location encroaches on the Service
Road width to such an extent and in such a way that Fire Truck access requirements
cannot be met.
9. Resident agrees that the approved visual privacy mitigation measures shall be constructed
or installed on Resident's property, at 21975 San Fernando Ave, only between the
physical residence and either the Stevens Creek Corridor Park service road and /or the
new Trail. All privacy mitigation improvements must be contained within Resident's
property and shall not encroach onto City's property.
10. Resident agrees to submit a conceptual Scope of Work, Schedule and Budget of the
design and construction prior to the engagement of professional services or the
commencement of construction to the City Building Official for review, whose review
will be completed within ten (10) working days of submittal.
11. Resident agrees to engage, by formal agreement, the services of licensed professionals, in
good standing with the appropriate State Licensing Boards in the State of California.
12. Resident agrees to engage, by formal agreement, professional,survey services to
determine the exact location of the Resident's property line in the vicinity of the
mitigation improvements. Costs for survey services shall be reimbursable if they meet all
of the conditions of this Letter Agreement.
13. Resident agrees to engage, by formal contract, the services of a licensed General
Contractor who will provide the necessary materials and prevailing wage labor to
complete the work to the full satisfaction of the City's Building Official. Contractor shall
provide Resident, and Resident shall copy City, with proof of insurance, a labor and
material payment bond, and a faithful performance bond, each equal to 100% of the
construction cost, before construction shall be allowed to begin.
14. Resident also agrees to the condition, for Contractor payments to be fully reimbursable,
that Contractor's payments shall not be in excess of the labor and materials provided to
Resident at the time of each payment request, as determined by City.
Letter Agreement — Rev 2 - June 2009
Alex Tsai Residential Privacy Improvements
Page 2 of 3
15. Resident shall defend, indemnify, and hold harmless City, its officers, agents and
employees of any and all claims, suits, demands, loss, or liability and expenses, including
reasonable attorney's fees, accruing or arising out of or resulting, in any way, from the
work performed under this Letter Agreement to the extent due to the negligent acts
(active or passive) or omissions by Resident's officers, employees, or agents. The
acceptance of said services and duties by City should not operate as a waiver of such
right of indemnification. This provision shall survive the term of the Letter Agreement.
16. Resident agrees to submit privacy mitigation design documents to the City Building
Department for a Building or Construction ?ermit and to incorporate any changes to
those documents requested by the City to comply with current codes and ordinances.
17. This Letter Agreement supersedes all previous verbal or written agreements in direct
connection with Resident's visual privacy from Park and Trail users for the Stevens
Creek Corridor Park project, and constitutes the full and complete understanding of both
Resident and the City and there are no other privacy mitigation provisions to the Tsai
Residential Privacy Improvements than tho ;e stated herein.
ACCEPTANCE and ACKNOWLEDGEMENT
je:c
Date G . c.(, 69
David W. Knapp, City Manager
City Hall
10300 Torre Avenue r ,) r
Cupertino, Ca. 95014 ` "/ - / /--) �
` 4M17 0
Date (0 Af _ q `' a /
Kimberly Smith, City Clerk
City Hall
10300 Torre Avenue
Cupertino, Ca. 95014
............... • tae O
Alex Tsai, Resident
21975 San Fernando Ave.
Cupertino, Ca. 95014
408 - 525 -2481
Letter Agreement — Rev 2 - June 2009
Alex Tsai Residential Privacy Improvements
Page 3 of 3
/ PURCHASE ORDER NO. 00056785
1 PURCHASE ORDER
� 10300 Torre Avenue
°/ Cupertino, CA 95014 -3255 PAGE NO. 1
ss• (408) 777 -3219
CUPERTINO
V 4487 H I CITY OF CUPERTINO
E ALEX TSAI
21975 SAN FERNANDO AVE P CITY HALL
D 10300 TORRE AVENUE
p CUPERTINO CA 95014 T CUPERTINO CA 95014
R O
ATTN:
ORDER DATE: 04/14/10 BUYER: GAIL SEEDS REQ. NO.: 0 REQ. DATE:
TERMS: NET 30 DAYS I F.O.B.: DESTINATION DESC.:
ITEM# QUANTITY I UOM DESCRIPTION UNIT PRICE I EXTENSION
1.00 IMPROVEMENT AGREEMENT DATED • { O0 J X Q: 40,000.00
/4109
••••: •RE SCCP PARK AND TRAIL USERS PRIVACY
MITIGATION
:.........!MEASURE
ITEM# ACCOUNT AMOUNT PROJECT CODE PAGE TOTAL $ 40,000.00
TOTAL $ 40,000.00
01 4279112 9300 40,000.00
de
APPROVED BY � /
•IRECTOR RCHASING