04-037 Fred Chan-Marine Aquarium for Cupertino LibraryG=~ -G 37
e,
CITY OF
CUPEI~TINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3354
FAX: (408) 777-3333
OFFICE OF THE CITY MANAGER
April 29, 2004
LETTER AGREEMENT
for
CUPERTINO LIBRARY AQUARIUM
This Letter Agreement formally establishes the points of agreement between Fred Chan,
hereinafter referred to as Donor, and the City of Cupertino, hereinafter referred to as City,
regarding a marine aquarium for the new Cupertino Library.
1) Donor agrees to donate Three Hundred Twenty-fire Thousand Dollars ($325,000) to the City of Cupertino
for the design and construction of a marine aquarium in the Cupertino Library.
2) Donor agrees to make one lump sum payment of Three Hundred Twenty-five Thousand Dollars ($325,000)
to the City within 30 calendar days of full execution of this Letter Agreement.
3) City agrees to establish an independent aquarium ~~ccount for Donor's funds and will make aquarium
account expenses available for Donor's review.
4) City agrees to return to Donor any unused portion of Donor's funds if the aquarium is not completed.
5) City and Donor agree that City will contract with Bart Fenolio of Dolphin Design, to design the aquarium
tank, artificial reef, and life support equipment.
6) City and Donor agree that City shall determine the type, size, and quantity of the marine species in the
aquarium.
7) Donor agrees that City shall be free to contract with any business of its choice for maintenance services.
8) The aquarium design will be reviewed, verified, and modified as necessary, by City and City's consultants.
9) The aquarium will contain approximately 4,000 gsillons of water and have a viewing window
approximately 6 feet high and 16 feet long.
10) The aquarium will contain a tropical marine environment using an ecologically acceptable artificial reef
and typical life support equipment as established ley standards developed and used by the Monterey Bay
Aquarium and by Tenji Living Systems Coordination.
11) The aquarium will be designed to support approximately 100 live marine animals at any one time.
12) Donor agrees to pay City a lump sum of Eight-ones Thousand Dollars ($81,000) for the first five (5) years
of maintenance beginning on November 1, 2004.
Printed on Recycled Paper
13) City agrees to initiate a Maintenance Fund Raisin€; Campaign to fund up to one half of the marine
environment maintenance and normal animal repl~rcement costs for years Six through Ten, but in any event
the Donor and City agree to equally share the monthly maintenance costs for years Six through Ten.
14) City herein states its intention to provide the aquarium as a benefit to the community. However, should the
aquarium be damaged by an "act of God" or other unforeseen event, anytime within the first ten year
period, which damage will cost in excess of $25,000 to repair, Donor will be given an opportunity to
restore the aquarium to its original operating condition. Should Donor decline to repair the aquarium to its
original operating condition, within a reasonable f~eriod of time, City shall have the right to determine
whether to repair the aquarium at City expense or to discontinue its operation, and remove, relocate,
dispose of, or sell, any part of or all of the aquarium life support equipment and tank.
15) City agrees to be fully responsible for the costs of the maintenance and animal replacement at year Eleven
and beyond. However, should the City need to terminate the operation of the aquarium in year Eleven or
beyond, for any reason, the City shall have the exclusive right to do so.
16) City agrees to be responsible for animal replacement, if such loss is considered abnormal, is due to loss of
power to life support equipment, or for any such other reason beyond the reasonable control of maintenance
provider.
This Letter Agreement constitutes the full and complete un3erstanding of both the Donor and the City and there are
no other provisions than those stated herein
CCE TANC and ACKNOW EDGEMENT
Date ~ f ~~
'~
David W. Knapp, City Manager
City Hall
10300 Torre Avenue
Cupertino, Ca. 95014
`~"`i!'rt' ~ Date ~-~ 3 -~
Kimberly Smith, i y erk
City Hall
10300 Torre Avenue
Cupertino, Ca. 95014
Date/~
Fred Chan, ai
ESS Technolog , c.
48401 Fremont Blvd.
Fremont, Ca. 94538
Letter Agreement
Cupertino Library Aquarium
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