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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