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HomeMy WebLinkAboutR-94-0618J-94-708 8/24/94 RESOLUTION NO. 9 4 — 618 A RESOLUTION, WITH ATTACHMENT, ACCEhING THE DONATION OF CAPITAL IMPROVEMENTS AND REPAIRS, VALUED AT $38,000, TO THE MIAMI-ICHIMURA JAPAN GARDEN LOCATED ON WATSON ISLAND, MIAMI, FLORIDA, FROM RICOH, SAN-AI-KAI FOR THE PURPOSE OF ASSISTING THE CITY IN THE POST -HURRICANE RESTORATION OF SAID FACILITY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID DONATION AND IMPLEMENT THE RESTORATION PROJECT. WHEREAS, the Ricoh Corporation and its non-profit affiliate, Ricoh, San -Ai -Kai, have continued to provide assistance and support for the oity-owned recreational facility knownas the Miami-Ichimura Japan Garden located on Watson Island, Miami, Florida; and WHEREAS, since Hurricane Andrew, the City had been unable to Identify appropriate designers and artisans to assist in the repair and restoration of this unique cultural resource, which suffered extensive damage as a result of that natural disaster; and WHEREAS, Ricoh has not only provided the City with contacts to Japanese garden specialists, it has offered to donate additional repairs to this facility that are not presently CITY COMUSSI01T KEETING OF SEP 0 8 1994 Rewlution No. 94- 618. A. covered in insurance of Federal Emergency Management Agency reimbursements; -and WHEREAS, the proffered improvements, have an estimated value of $38,000, include the sealing and treatment of all wooden structures, the construction of a new gatekeepers kiosk, and the installation of a circulation system for the pond; and WHEREAS, Ricoh has conditioned its donation on the City Is timely completion of the other reimbursable hurricane repairs, no later than October 30, 1994; and WHEREAS, the attachment to this Resolution, prepared by Ricoh, contains proposed terms and conditions for the acceptance of the donation; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The donation of capital improvements and repairs, valued at an estimated $38,000, to the city -owned Miami-Ichimura Japan Garden located on Watson Island, Miami. Florida, from Ricoh San -Ai -Kai, is hereby accepted for the purpose of assisting the City in the post -hurricane restoration. of said facility. Section 3. The City Manager is hereby authorizedl' to execute the necessary documents, in a form acceptable to the City The, herein authorization is further subject to .compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -2- 94- 618 Attorney, to accept said donation and implement the restoration project. Section 4. This Resolution shall beoome effective immediately upon its adoption. PASSED AND ADOPTED this 8th day of September 1994. STEIVHEN P. CLARt, MAYOR ATT ST• MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: LIE 0. BRII ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A .I QUI N JON III CITY TORN Y JOB:osk:M45 6 -3- 94- 618 9 AGREEMENT Agreement made this day of , 1994, by and between Ricoh, San -Ai -Kai, 14-6 Ginza 6-chome, Chuo-ku, Tokyo 104, Japan ("Ricoh") and the City of Miami, Florida,.a municipal corporation of the State of Florida, c/o Department of Parks and Recreation, 1390 N.W. 7th Street, Miami, Florida 33125 ("City") (together the "Parties") (the "Agreement"). WHEREAS, by Resolution No. 87-742 dated July 23, 1987 and an agreement between the Parties dated , 1988, the City committed to the restoration, operation and maintenance of the Japanese Garden ("Garden") located at Watson Island for the use and enjoyment of this unique cultural resource by the residents of the City; and WHEREAS, thereafter such restoration, operation, and maintenance had been undertaken and completed by the City; and WHEREAS, subsequently the Garden was severely damaged due to the devastating effects of Hurricane Andrew ("Hurricane"); and WHEREAS, both Ricoh and the City desire that the Garden be repaired, upgraded and otherwise returned to the condition and for the purposes originally intended under prior agreement ("Renovation Plan"); and WHEREAS, there are insufficient funds available to the City to complete such improvements and Renovation; and WHEREAS, the City desires the financial support of Ricoh to assist in the Renovation Plan; and WHEREAS, Ricoh desires to render such financial support; NOW, THEREFORE, the Parties, intending to be legally bound, agree to complete the Renovation Plan as follows: 1. The Renovation Plan shall be 'completed no later than October 30, 1994. 2. The City, at its sole cost and expense, shall repair all wooden structures (including roofs); replace walkway gravel and sand, where applicable; replace/repair signs; and remove broken tree limb and other debris from waterways; and otherwise clear and maintain the grounds so as to conform the Garden to its condition prior to the Hurricane, on or before October 20, 1994. The City shall submit to Ricoh's authorized representative its plan and project schedule for the completion of such work ("City's Work"). 94- 618 3. Upon the completion of the City's Work set forth above Ricoh shall, at its sole cost and expense: Perform the necessary restoration of the Gatekeeper's Kiosk. See to the treatment and sealing of the wooden structures. Complete the installation of a water source, water filtration system and all water and electrical hook-ups as required. The above items shall constitute "Ricoh Work" and shall become the sole property of the City upon completion as a donation from Ricoh. 4. Ricoh's representative shall make all arrangements and retain the services of a fully insured, duly licensed contractor to perform the Ricoh Work, with liability insurance subject to approval of the City Manager or designee. Ricoh shall have the option to request the City to assist in the hiring of said contractor. 5. Ricoh at its sole cost and expense shall be responsible for securing all permits and approvals that are necessary and desirable in the completion of the Ricoh Work 6. The City shall obtain all necessary approvals to make the expenditures and perform the City's Work. 7. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed given when mailed by certified mail, return receipt and addressed as follows: as to Ricoh: Ricoh Corporation 5 Dedrick Place W. Caldwell, NJ 07006 Attn: H. Inouye, Vice President - Administration as authorized Representative for Ricoh San -Ai -Kai as to City: City of Miami Department of Parks and Recreation 1390 N.W. 7th Street Miami, FL. 33125 Attn: Alberto Ruder 2 94- 618 ti 8. H..Inouye of Ricoh Corporation, 5 Dedrick Place, West Caldwell, New Jersey, shall be the Ricoh authorized representative for all purposes under this Agreement and throughout the Renovation Project. 9. This Agreement is made and entered into the State of Florida and for all purposes shall be governed by the laws of the State of Florida. 10. This Agreement and the Project Plans and Project Schedules contain the entire agreement between the parties. This Agreement shall not be amended except in writing duly executed by an authorized representative of both parties. AGREED AND ACCEPTED CITY OF-MIAMI, FLORIDA By. CESAR H. ODIO, CITY MANAGER ATTEST: MATTY HIRAI, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY AGREED AND ACCEPTED RICOH SAN-AI-KAI By• Title: 94- 618 3 0 3 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM A TO : Honorable Mayor and Members DATE. AUG 2 5 Igg:; FEE of the City Commission SUBJECT Accept Donation of Improvements to Japanese Garden/Ricoh Corp. FROM : REFERENCES: Cesar H. Odio Resolution, Attachments City Manager ENCLOSURES RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution to accept the proffered donation of capital improvements and repairs, valued at $38,000, from Ricoh San -Ai - Kai as a contribution to the post -hurricane restoration of the City -owned Ichimura-Miami Japan Garden, The legislation would also authorize the City Manager to execute the necessary documents for this purpose. BACKGROUND The Parks and Recreation Department maintains regular contact with the Ricoh Corporation, which, with its non-profit affiliate, Ricoh San -Ai -Kai, has continued to provide assistance and support for the city -owned recreational facility known as the Miami- Ichimura Miami Japan Garden on Watson Island. After Hurricane Andrew, the City had been unable to identify appropriate designers and artisans to participate in the repair and restoration of this unique cultural resource, which suffered extensive damage as a result of that natural disaster. Ricoh has not only provided the City with introductions to Japanese garden specialists, it has offered to donate additional repairs to this facility as a contribution to the post -hurricane restoration. The proffered repairs and improvements are damages not presently covered by insurance or Federal Emergency Management Agency reimbursements and include the sealing and treatment of all wooden structures, the construction of a new gatekeepers kiosk, and the installation of a circulation system for the pond. The total value of this work is estimated at $38,000. Ricoh has conditioned its donation on the City's timely completion of the other reimbursable hurricane repairs, no later than October 30, 1994. Commission authorization is now requested to accept the proffered donation and to execute the necessary agreements for this purpose.