10-020 Mohsen Reiisieh and Sepideh Vafaie, Good Neighbor Fence Replacement ORIGINAL
\phi/ PUBLIC WORKS DEPARTMENT
Ralph A. Qualls, Jr., Director
44, CITY HALL
10300 TORRE AVENUE - CUPERTINO, CA 95014 -3266
CUPERTINO (408) 777 -3354 - FAX (408) 777 -3333
April 7, 2010
Mr. & Mrs. Reiisieh
10476 Sterling Blvd
Cupertino, Ca 95014
Dear Mr. & Mrs. Reiisieh:
Elite Landscaping, Inc. has provided Cupertino with a cost for the work at the South edge of
your property to the North of the soon -to -be Sterling Barnhart Park. The proposal includes:
I. Demolition of the existing wooden and chain link line fences
II. Demolition of the iron fence and corresponding brick columns (columns and
iron on Sterling Blvd. to remain)
III. Required grading to eliminate the need for a retaining wall
IV. Engineering of new 8' wooden fence & footings (6' fence with 2' trellis)
V. Installation of 8' wooden fence & footings (includes new gate) using reclaimed
wood from an existing fence on property
The total cost for the work outlined above: $13,384.84
Your contribution: $1,500.00
We and Elite will do our best to minimize the impact during demolition and construction
and protect landscaping on your property.
I have attached an agreement for you to sign and return to me at the above address with the
first installment of $750 made payable to the "City of Cupertino ".
Please reach out if you have any questions.
Sincerely,
/ 'r
-erry W. Greene, AIA
City Architect
6/ 107v
// CITY HALL
10300 TORRE AVENUE
CUPERTINO, CA 95014 -3255
(
Telephone: (408) 777 -3354
P
' Fax: (408) 777 -3333
CUPERTINO OFFICE OF THE CITY MANAGER
April 7, 2010
LETTER AGREEMENT
for
Good Neighbor Fence Replacement
This Letter Agreement formally establishes points of agreement between Mr. Mohsen Reiisieh &
Mrs. Sepideh Vafaie, hereinafter referred to as Resident, and the City of Cupertino, hereinafter
referred to as City, regarding civil design, structural design, landscape design, construction, and
other activities necessary to replace the Good Neighbor fences and retaining structure between
the Resident's property at 10476 Sterling Blvd and the soon -to -be Sterling Barnhart Park at
10486 Sterling Blvd.
1. City and Resident agree that the fences and retaining structure referred to above are in a
state of disrepair and that said fences sl,ould be demolished and replaced with a new
Good Neighbor fence.
2. City agrees to remove and dispose of the wooden fence, retaining structure, metal chain
link fence, and the iron -rail brick column fence. City agrees that the brick column near
the property line at Sterling Blvd will remain along with the rest of the iron -rail brick
column fence parallel to Sterling Blvd. City also agrees that the CMU block wall at the
east end of the properties is to remain.
3. Resident has agreed to, and agrees to, grant the City, its officers, agents, and employees;
its contractors and their respective officers, agents and employees; a temporary Right of
Entry & Construction License to a strip of side yard along the property line, adjacent to
the existing fences.
4. City and Resident agree that the replacement Good Neighbor fence is to be a 6 fence
with a 2 trellis for a total height of 8 and that the materials for said fence will come
from the existing trail fence which is scheduled to be removed from the south of the
City's property to the north of the existing trail.
5. City and Resident agree that the replacement Good Neighbor fence will start at the
existing CMU block wall at the east end of the properties and move west to the point
perpendicular to the west corner of the Resident's chimney, at which point the
replacement fence will make a 90' turn north and tie into Resident's house.
6. City agrees to install a narrow side yard gate in the replacement Good Neighbor fence
outlined above where the gate turns north to tie into Resident's house.
7. City and Resident agree that the replacement Good Neighbor fence will be painted on the
City side and left unpainted on the Resident's side. The Resident may paint their side of
the fence at a later date, but the paint on the Resident's side should not affect the paint on
the City's side of the fence in any way.
8. City and Resident agree that re- grading the City's property to eliminate the need for a
retaining structure is the most cost effective approach to the proposed work.
9. City 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.
10. City agrees to engage, by formal contract, the services of a licensed General Contractor
and Engineer to provide the necessary nr.aterials and prevailing wage labor to complete
the work to the full satisfaction of the City's Building Official.
11. City and Resident agree that each party will retain ownership of their side of the
replacement Good Neighbor fence, and as such each party will be responsible for the
maintenance and repair of said fence.
12. City and Resident agree further that any changes and/or amendments to the replacement
Good Neighbor fence shall not be made without prior written approval from the other
party.
13. Resident agrees to pay City One Thousand Five Hundred Dollars ($1,500.00) of the total
Thirteen Thousand Three Hundred Eighiy Four and Eighty Four Cent ($13,384.84) cost
to design, engineer, demolish, construct and permit the work outlined above. Payment
will be made in two installments of $750.00, the first payment due at signing and the
second payment due by July 1, 2010.
14. Resident agrees to defend, indemnify, an d 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 this Letter Agreement.
15. This Letter Agreement constitutes the full and complete understanding of both Resident
and the City.
16. This agreement, and all the terms, covenants, and conditions hereof, shall apply to and
bind the successors and assigns of the respective properties.
Letter Agreement — April 2010
Reiisieh Fence Improvements
Page 2 of 3
ACCEPTANCE and ACKNOWLEDGEMENT
atie W (.2"
Date 1, 1 Z 1 c7 Date 0 000
David W. Knapp, City Manager Mr. Mohsen Reiisieh, Resident
City Hall 10476 Sterling Blvd
10300 Torre Avenue Cupertino, CA 95014
Cupertino, CA 95014
(408) 313 -4545
/A/
AM, ifsw,„
Fri my
Date d7L// a/ /G 1 ate 0 ' ._ • I,
Kimberly Smith, City Clerk Mrs. :• _ - afaie, Resident
City Hall 10476 Sterling Blvd
10300 Torre Avenue Cupertino, CA. 95014
Cupertino, CA 95014
(408) 829 -8296
Letter Agreement — April 2010
Reiisieh Fence Improvements
Page 3 of 3