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CC Resolution No. 03-195RESOLUTION NO. 03-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE CONCEPT OF THE INSTALLATION OF A MARINE AQUARIUM OF APPROXIMATELY 4,000 GALLONS IN THE NEW CUPERTINO LIBRARY; ACCEPTING, IN PRINCIPLE, A DONATION OF FROM MR. FRED CHAN FOR THE FABRICATION, INSTALLATION AND LIMITED MAINTENANCE EXPENSES OF THE AQUARIUM; APPROVING INSTALLATION OF A RECOGNITION PLAQUE; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MR. FRED CHAN TO ACCEPT THE DONATION AND THE MAINTENANCE COMMITMENT WITH CERTAIN CONDITIONS WHEREAS, discussions between Mr. Fred Chan and City official and staff have resulted in a consensus of all concemed that a 4,000-gallon marine (salt water) aquarium, and its associated equipment, could be fabricated and installed in a prominent location adjacent to the Library lobby and within the Children's area on the first floor; and WHEREAS, Mr. Chan has committed to a contribution to the City in the amount of $325,000.00 to fully fund the fabrication, installation and construction of the aquarium complex in the Library; and WHEREAS, Mr. Chan has further agreed to fund the entire cost of the annual maintenance of the aquarium for a period of five (5) years and has committed to pay up to half of the maintenance that is not raised by a public donation effort for an additional five (5) years with the knowledge that maintenance costs of an aquarium of this size are expected to be approximately $12,000 annually, according to aquarium consultants; and WHEREAS, in accordance with the Council's adopted building naming policy, Mr. Chan has requested that a plaque be installed near the aquarium that would read "This Marine Aquarium was made possible by the contribution of Fred and Annie Chan and their family, in loving memory of Mr. Pak Chung Chan." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby: 1. Approves the concept of the installation of a marne aquarium of approximately 4,000 gallons in the new Cupertino library. 2. Accepts, in principle, a donation of $325,000.00 from Mr. Fred Chan for the fabrication and installation of the Aquarium with an additional commitment to fired the entire cost of the annual maintenance of the aquarium for a period of five (5) years and a further commitment to pay up to half of the maintenance that is not raised by a public donation for an additional five (5) years. 3. Approves the installation of a plaque by the aquarium stating "This Marine Aquarium was made possible by the contribution of Fred and Annie Chan and their family in loving memory of Mr. Pak Chung Chan." Resolution No. 03-195 Authorizes the City Manager to enter into an agreement to formally accept the above- mentioned funding and agree that the donation will be used exclusively for the aquarium design, fabrication and installation of a 4,000-gallon marine aquarium. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of October, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Chang, James, Lowenthal, Kwok, Sandoval None None None ~ROVED:(~ ~ //~ / Mayor, City of Cupertino