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02-Ca Dolphin Swim School I ~\'t\ s..,,'>, ,~ ~II' o / . (I o . ':I . 0 0& . .. ("-, 0 u·· ... +a, , .. ..... 32517 Carmel Way, Union City, CA 94587 (510) 441-8662 phone (510) 355-1007 fax www.CA-Dolphins.com l~ 'i {~(Ob .tfL Tuesday, Apnl04,2006 Cupertino City Council 10300 Torre Ave Cupertino, CA 95014-3255 EXHIBIT RE: Close Session (Item #2) - Lease of the Pool at Cupertino Sports Center Dear Cupertino City Council, We have a win-win proposal regarding the lease and upgrade ofthe pool at Cupertino Sports Center. we requeat that you take It into consideration in your upooming close session. We believe there are three major wins to the city of Cupertino from this project: (1) the city will be able to attract a world class, Olympic Silver madatiat swimmer, to provide her outstanding swimming expertise and bilingual Instructions to Cupertino's citizens as well as to many youths from the local communilies; (2) the city will be able to use a significant amount of the funding (up to $1301<) from the private sector tenant to upgrade the pool house, a city's public property; (3) this project is Simply a profitable Iong-tl!l1Tllmprovement for the city from a real estate investment point of view. As the newtanant and a startup swim school, we are ve¡y excited about the opportunity. we have been working ve¡y well with your staffs: Therese Smith, Don McCarthy and Ter¡y Greene on the project. Here, I'd like to thank all of them for their hard works. Nonetheless, this project has recent come across a few serious challenges and we are ve¡y concemed that this project might be aborted In a Iose-fose manner, which Is why I'm speaking up here tonight, to ask your special attention and considerations to turn this project around, driving It to a win-win outcome for us all. In brief, our project's major challenge comes from the rapidly growing estimated costs of the construction partly due to the regulation compliances, discovered during the design/review phase. Based on our best knowledge, we believe It Is best for both of us to downsize the original project scope and focus on what must be done. Therefore, we propose that we upgrade the pool house only for the AOA compliance and that we keep using the existing pool enctosure for the new lease term. That way, you will stili have all the above three major benefits for your citizens, while we can complete the project and move on with the already approved and combined funding from both the city and the tenant. Please carefully consider and grant this Win-win proposal from us. Thank you very much! Sincerely yours, -..-.........--...-....--..----..-----..----..-- Joseph He President, Co-founder Califomia Dolphin SWim School Xiaohong Wang Head Coach, Co-founder Califomia Dolphin Swim School