HomeMy WebLinkAboutR-88-0520JL88-309
5/25/88
RESOLUTION ()
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE SAN-AI-KAI,
RICOH SAN-AI GROUP ("RICOH"), IN
SUBSTANTIALLY THE. FORM ATTACHED, SETTING
FORTH THE TERMS AND CONDITIONS OF A $330,000
CONTRIBUTION FROM RICOH 710 BE USED
EXCLUSIVELY FOR THE RENOVATION OF THE CITY' S
JAPANESE' GARDEN LOCATED ON WATSON ISLAND.
WHEREAS, the Japanese Garden located on City -owned Watson
Island, as shown in Exhibit I to the Agreement attached hereto,
is in need of restoration to revitalize its unique landscape for
use and enjoyment by the residents of the City of Miami; and
WHEREAS, on July 23, 1987, the City of Miami Commission
adopted Resolution No. 87-742, declaring its desire and intent to
support the restoration, operation and maintenance of The
Japanese Garden; and
WHEREAS, The San -Ai -Kai, Ricoh San-ai Group, a not -for -
profit foundation of Japan, ("Ricoh") has offered a $330,000
contribution to the City to partially fund the renovation of The
Garden in accordance with a design plan to be approved by the
City and Ricoh, included as Exhibit II to the Agreement attached
hereto; and
WHEREAS, on November 19, 1987, the City of Miami adopted
Capital Improvements Appropriations Ordinance No. 10347,
appropriating an amount of $200,000 to capital project #331317
entitled "Japanese Garden Renovation" as a matching contribution
to Ricoh's contribution to be used to complete the renovation of
The Garden; and
WHEREAS, on December 10, 1987, the City of Miami Commission
passed Motion 87-1103.1, authorizing and directing the City
Manager to accept a contribution from Ricoh for renovating The
Japanese Garden, further directing the City Manager to negotiate
an agreement setting forth the terms and conditions for the
acceptance of the contribution; and
CITY COMMISSION
MEETING OF
y'b+.w
REMARKS:
JUN 9 1988
)N No. 98-520
WHEREAS, the total cost of implementing the plan to be
approved for renovation of The Japanese Garden shall not exceed
the available amount of $ 530, 000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section I. The City Manager is hereby authorized to execute
an agreement with The San -Ai -Kai, Ricoh San-ai Group ("Ricoh"),
in substantially the form attached, setting forth the terms and
conditions
of
a $330,000
contribution
from Ricoh as
partial
funding for
the
renovation
of the City's
Japanese Garden
located
on Watson Island.
PASSED AND ADOPTED this 9th day of J ne 1988.
XAVIER L. SUAR Z, Ma or
ATTEST
MATTY HIRAI, City Clerk
PLANNING REVIEW:
5 RODRIGUEZ, Uirec
P g Department
FINR($CtAL REVIEW:
CAKMS GARCIA, Director
Finan Department
BUDGETARY REVIEW:
(�M
MANOHAR SURA A, Director
' DEPT OF MANAGEMENT & BUDGET
PREPRED AND APPROVED BY:
ee4l-t -v-, &tee
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
ORG L. RNANDE
CITY ATTORNEY
2 98-520
AGREEMENT
This Agreement, ("AGREEMENT"), dated this dart y
of
1988, by and between the City of Miami, a
municipal corporation of the State of Florida, (the "CITY"), and
San -Ai -Kai, The Ricoh San-,ii Group, a not=for-profit foundation
of Japan, ("RICOH").
R E C I T A L S:
WHEREAS, the CITY is the owner of certain real property
situated in the City of Miami known as Watson Island which
includes the property commonly known as The Japanese Garden (the
"GARDEN") and is more particularly described in Exhibit I
attached hereto and incorporated herein by reference; and
WHEREAS, the CITY intends to renovate the GARDEN according
to a design to be prepared (the "PLAN") as is generally described
in Exhibit II attached hereto and incorporated herein by
reference, and will be more particularly described in the PLAN to
be attached hereto and incorporated herein upon its completion
and approval by the City Manager; and
WHEREAS, RICOH intends to contribute funds which are to be
used exclusively to pay for a portion of the renovation of the
GARDEN; and
WHEREAS, as a condition of RICOH's contribution, Toda
America, Inc., a for -profit corporation of the State of New York
("TODA"), shall provide labor, materials, and construction
management services to complete the work outlined in Exhibit III
(elements to be performed by RICOH) attached hereto and
incorporated herein by reference; and
WHEREAS, the CITY intends to contribute funds and/or
services which are to be used exclusively for other portions of
the renovation of the GARDEN outlined in Exhibit III (elements to
be performed by CITY);
NOW, THEREFORE, in consideration of the premises and mutual
covenants and obligations herein contained, and subject to the
terms and conditions hereinafter stated, the parties hereto
understand and agree as follows;
WHEN RETT'RNIVC, rCVR F+•RTHPR
ht` IEW, AS
07 2Y
I. CONTRIBUTION BY RICOH
A. Amount of Contribution
RICOH hereby agrees to make a lump=sum, cash payment to the
CITY in the amount of $330,000 (the "RICOH CONTRIBUTION") within
one hundrainndrryhtv(tiC ) days from the execution of this AGREEMENT to partially
fund the renovation of the GARDEN, subject to the terms and
conditions of this AGREEMENT.
B. Use of Contribution
The RICOH CONTRIBUTION shall be used by the CITY exclusively
to fund specified elements of the PLAN to be performed by TODA, a
company chosen by RICOH in its sole and absolute discretion, at a
cost not to exceed $330,000, as more particularly described in
Exhibit III attached hereto and incorporated herein by reference.
C. Disbursement of Contribution
The RICOH CONTRIBUTION shall be disbursed to TODA by the CITY
and RICOH upon receipt of an invoice and documentation
demonstrating � progress of work performed on behalf of RICOH f
by TODA in accordance with the PLAN, upon written approval by RICOH
and the City Manager as to acceptance of the work.
II. CONTRIBUTION BY CITY
A. Type and Amount of Contribution
The CITY hereby agrees to expend an amount not to exceed
$200,000, in cash or through the provision of in -kind services,
(the "CITY CONTRIBUTION") as appropriated by Ordinance No. 10347
adopted by the City Commission on November 19, 1987, to capital
project #331317 entitled "Japanese Garden Renovation," to fund
other portions of the renovation of the GARDEN, subject to the
terms and conditions of this AGREEMENT.
B. Use of City Contribution
The CITY CONTRIBUTION shall be used to fund specified elements
of the PLAN at a cost not to exceed $200,000, as more particularly
described in Exhibit III attached hereto and incorporated herein by
reference,
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9S_520
III. CERTAIN OBLIGATIONS OF THE CITY
At Renovation of the Garden
The CITY shall perform its portion of the renovation of the
GARDEN in accordance with the PLAN to be provided by RICOH and
approved by the City Manager, for its continued enjoyment.
B. Construction Schedule
The CITY shall use its best efforts to substantially complete
construction by December 9, 1988.
C. Name of the Garden; Signs
Upon completion of construction of the PLAN, it is agreed that
the official name of The Japanese Garden shall be "Ichimura Miami -
Japan Garden" in commemoration of RICOH's founder and the
benefactor of the GARDEN, Mr. Kiyoshi Ichimura. Said name shall be
the official name to be used from this day forward by the CITY and
any permittees in all literature, promotions, and any other
materials relating to the GARDEN. The CITY shall erect and
maintain a sign of a design and quality acceptable to RICOH on or
f
adjacent to the premises at a location acceptable to the CITY and
RICOH. Such sign shall bear the official name and an inscription
as requested by RICOH. In addition, a sign commemorating the
reopening of the GARDEN shall be erected and maintained by the CITY
on or adjacent to the premises.
D. Maintenance
The CITY shall, or cause to, operate and maintain the GARDEN
to the standards for maintenance more particularly described in
Exhibit IV attached hereto and incorporated herein by reference, in
order to ensure its preservation as a unique and special cultural
resource for use and enjoyment by all residents of, and visitors to
the CITY.
E . Term
The GARDEN shall remain in its present location unless or
until future development of Watson Island occurs. In the event
that future development of Watson Island occurs and requires
,Cou.alC „�
relocation of the GARDEN, the CITY agrees to 3�-an'...'maintain 7 7
comparable GARDEN to ensure the existence of the Ichimura Miami -
Japan Garden. In that event, the CITY shall notify RICOH
3
immediately to provide RICOH with an opportunity of assisting the
CITY in any relocation and/or alteration of the GARDEN. any
relocation of the GARDEN shall be done at the sole cost and expense
of the CITY.
F. Building Permit
As a CITY renovation project on CITY -owned land, the CITY shall
obtain the required building permit upon approval of the PLAN by
the City Manager, as provided by RICOH.
IV. CERTAIN OBLIGATIONS OF RICOH
A. Plan Design and Cost
RICOH shall provide the PLAN at its sole cost and expense,
complete with construction drawings, specifications, and related
materials for the complete renovation of the GARDEN. The PLAN
shall be prepared in a manner that will permit the CITY and RICOH
to confirm the specific construction elements that snaii ne
constructed respectively by the CITY, and on behalf of RICOH by
TODA, within the maximum $530,000 budget, including all project
design and construction costs.
B. Construction Management
RICOH shall provide construction management for its portion of
the construction of the PLAN to be performed as outlined in Exhibit
III including those elements of the PLAN requiring expertise in
Japanese construction and carpentry. RICOH will advise and assist
the CITY with construction management services for the CITY's
portion of the construction of the PLAN.
C. Professional Services
RICOH shall provide, through TODA, engineering services for
its portion of the construction according to the PLAN. RICOH shall
provide, through TODA, landscape architectural services for the
preparation of, and entire construction of the PLAN.
D. Subconsultants
The obligations undertaken by RICOH, performed by TODA, shall
include employment of SUBCONSULTANTS registered to practice
engineering and landscape architecture in the State of Florida, as
may be selected by RICOH and TODA in their sole and
4 9S—Szo
absolute discretion. Nothing contained herein shall be deemed to
create a contractual relationship between the CITY and any such
SUBCONSULTANTS. Any SUBCONSULTANTS of RICOH and TODA shall be the
sole responsibility of RICOH.
B. Construction Schedule
RICOH agrees to use its best efforts to substantially complete
construction by December 9, 1988.
F. Training of Personnel
RICOH shall provide as additional and continuing assistance --w-,d--
an expert in Japanese gardening to train
personnel, as may be designated by the CITY, in the care and
maintenance of the GARDEN.
G. Inspections
RICOH shall have the right to conduct an inspection of the
GARDEN upon completion of construction for conformance to the PLAN.
RICOH may, at its discretion, conduct annual inspections of the
GARDEN and report any unsatisfactory condition(s) to the CITY for
remedy. The CITY shall use its best efforts to remedy any such f
unsatisfactory condition(s) in a timely manner.
V. GENERAL TERMS
The following shall be applicable throughout the period of
this AGREEMENT and thereafter as provided herein:
A. Use of Future Contributions
In the event that contributions are made to the CITY in the
future for exclusive use at the GARDEN, the CITY agrees to use any
such contributions to fund the design and construction of elements
in accordance with the PLAN that were not able to be constructed
within the $530,000 maximum budget.
B. Liability
In no event shall RICOH or any agent, representative or
employee of RICOH be liable to any person for labor, materials, or
services delivered to the CITY or for debts or claims accruing or
arising to any persons or parties against the CITY.
5
98-520
a
In no event shall the CITY or any agent, representative or
employee of the CITY be liable to any person for labor, materials,
or services obtained by RICOH or for debts or claims accruing or
arising to any persons or parties against RICOH or its agents,
contractor, or representatives.
C. Insurance
Work as outlined herein shall not commence until RICOH's
representatives have obtained all insurance required under this
paragraph and such insurance has been approved by the CITY.
The Certificates of Insurance furnished to the CITY prior to
the commencement of operations shall clearly indicate that RICOH's
representatives have obtained insurance in this type, amount and
classification as required for strict compliance with this
paragraph, and that no material change or cancellation of insurance
shall be effective without ninety (90) days written notice to the
CITY.
Compliance with these requirements shall not relieve RICOH or
its representatives of its liability and obligations under this
paragraph or any portion of this AGREEMENT.
1. TODA, as a representative of RICOH, shall maintain during
the term of this AGREEMENT the following insurance:
(a) Comprehensive General Liability with a combined single
limit of at least $1,000,000 per occurence for bodily injury and
property damage. The CITY shall be named as an additional insured
under the policy of this insurance required herein.
(b) Automobile Liability covering all owned, non -owned, and
hired vehicles that may be used in connection with work arising out
of this AGREEMENT with a combined single limit of at least $300,000
per occurence for bodily injury and property damage.
2. SUBCONSULTANTS, as may be selected by RICOH and TODA,
registered to practice engineering and landscape architecture in the
State of Florida, shall maintain during the term of this AGREEMENT
the following insurance:
(a) Professional Liability maintained by the SUBCONSULTANT
providing engineering professional services in the minimum amount of
9s-5;zo
$250,000 covering all liability arising out of the terms of this
AGREEMENT.
(b) Professional Liability maintained by the 5UBCONSULTANT
providing landscape architectural professional services in the
minimum amount of $500,000 covering all liability arising out of the
terms of this AGREEMENT.
All insurance policies shall be kept in operative force and
effect throughout the term hereof, and issued by companies
authorized to do business under the laws of the State of Florida
rated As X or better per A.M. Bests' Key Rating Guide (latest
edition); and which are approved according to CITY specifications.
D. Ownership of Documents
All documents developed by, or on behalf of RICOH under this
AGREEMENT shall be delivered to CITY by RICOH upon completion and
shall become the property of CITY, without restriction or limitation
on their use. RICOH agrees that any and all documents maintained
and generated pursuant to this contractual relationship between CITY
f
and RICOH shall be subject to all provisions of the Public Records
Law, Chapter 119, Florida Statutes.
It is further understood by and between the parties that any
documents which are given by CITY to RICOH pursuant to this
AGREEMENT shall at all times remain the property of the CITY and
shall not be used by RICOH or its representatives for any other
purpose whatsoever without the written consent of CITY.
E. No Third Party Beneficiaries to Agreement
No persons or entities are intended to be third party
beneficiaries of this AGREEMENT or any document or instrument
related to the CONTRIBUTION's or to have any claim or claims in or
to any undisbursed or retained CONTRIBUTION's proceeds.
F. Headings
The headings of the sections, paragraphs and subdivisions of
this AGREEMENT are for convenience of reference only, and shall not
limit or otherwise affect any of the terms hereof.•
G. Invalid Provisions to Affect No Others
If performance of any provisions hereof or any transaction
related hereto is limited by law, then the obligation to be
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88-520
eiN
performed shall be reduced accordingly; and if any clause or
provision herein contained operates or would prospectively operate
to invalidate this AGREEMENT in part, then the invalid part of said
clause or provision only shall be held for naught, as though not
contained herein, and the remainder of this AGREEMENT shall remain
operative and in full force and effect.
H. ., Default
This AGREEMENT is dependent upon the CITY and RICOH providing
the CONTRIBUTION(s) stated previously herein and meeting all
premises, mutual covenants and obligations herein contained.
Failure to do so on the part of one or both parties shall constitute
the release of the other party's obligations.
I. Governing Law
The laws of the State of Florida shall govern the
interpretation and enforcement of this AGREEMENT.
J. Complete Agreement
This AGREEMENT, Exhibits attached hereto, and enabling
legislation contain a complete and exclusive statement of all the
arrangements between the parties hereto, including all prior
negotiations and agreements between the parties.
K. Mutual Agreement to Amend
No provision of this AGREEMENT shall be amended, waived,
modified, discharged or terminated, except by instrument in writing
signed by the parties hereto.
L. Successors and Assigns
This AGREEMENT shall inure to the benefit of and be binding on
the parties hereto and their successors and assigns. This AGREEMENT
shall not be assignable by the CITY without the prior written
consent of RICOH.
M. Designees of Ricoh
Whenever RICOH has any rights, or privileges under this
AGREEMENT, RICOH in its sole discretion, may designate any person or
persons as it shall see fit to perform any portion of such rights or
privileges.
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9f3-52(?
'A
N. Methods and Addresses
All notices or other communications which shall or may be
given pursuant to this AGREEMENT shall be in writing and shall be
delivered by personal service, or by registered mail addressed to
the other party at the address indicated herein or as the same may
be changed from time to time. Such notice shall be deemed given on
the day on which personally served; or, if by mail, on the fifth day
after being posted or the date of actual receipt, whichever is
earlier.
CITY OF MIAMI
Department of Development
300 Biscayne Boulevard Way
Suite 400
Miami, FL 33131
SAN-AI-KAI, RICOH SAN-AI GROUP
Ricoh Corporation
Five Dedrick Place
West Caldwell, NJ 07006
TODA AMERICA, INC.
500 Fifth Avenue
Suite 430
New York, NY 10110
0
IN WITNESS WHEREOF, the CITY and RICOH have caused this
AGREEMENT to be executed on the date first above written,
WITNESS: SAN-AI-KAI, a hot=for=profit
foundation of Japan
TilDE0 SecTeta-Fy—General S111- - TCIII MIYOSHI, Chairman 1
ATTEST:
MATTY HIRAI, City Clerk
THE CITY OF MIAMI, a municipal
corporation of the State of
Florida
By:
CESAR H. ODIO, City Manager
APPROVED AS TO FORM AND CORRECTNESS:
APPROVED AS TO INSURANCE REQUIREMENTS:
Insurance anager
LUO
Exhibit I
The Japanese Garden/Watson Island
THE JAPANESE GARDEN
4 r
. a
SITE MAP
CITY OF MIAMI NORTH
WATSON ISLAND
APPROX. SCALE 1" : 400'
400' 0 400• 800,
tXhibit 11
Description of the Plan
Renovation of the GARDRN shall indtU6 e, but not be limited to
the following elements:
_= Dismantling and removal of existing tea room, annex and
wooden bridge
_= Construction of a multipurpose octagonal pavilion
== Construction of new concrete material bridge designed in
wood appearance
�-= Removal, relocation, and/or trimming and fertilizing of
all trees, shrubs and ground cover; addition of trees,
shrubs and ground cover including sod in accordance with
plans and specifications
-- Dewatering, rehabilitation and stocking of existing pond
-- Rehabilitation of existing rock garden
-- Rehabilitation of "Azumaya"
-- Graveling or paving of existing walkways
Repair and/or replacement of existing lawn sprinkler
system
-- Electrical work to include installation of exterior
lighting throughout the GARDEN and receptable at pavilion
-- Installation of storage and rest room facilities
-- Grading and filling throughout site
-- Renovation of front gate post
-- Repair and/or replacement of perimeter fencing
-- Installation of signs, benches and trash receptacles
131"-Szo
exhibit III
Use of Contributions
Performed by TODA as _ funded __ by _RICOH
Provision of professional architectural, landscape
architectural, engineering, and construction management
services for its portion of the work. TODA, will, as an
advisor, assist CITY with construction management services
for elements to be performed by CITY
Preparation of PLAN for the GARDEN's renovation, complete
with construction drawings, specifications, and related
materials
Construction of multi -purpose octagonal pavilion, excluding
electrical work
Construction of new bridge
Renovation of small stone bridge
Renovation of "Azumaya"
Repair of front gate posts
Installation of benches
Elements to be Performed by CITY as funded
CONTRIBUTION in the amount not to exceed $200,000:
CITY
Preparation of survey; procurement of boring data;
procurement of building permit
Demolition and removal of existing tea house, annex and
wooden bridge; dewatering of pond
Removal, relocation, and/or trimming and fertilizing of all
trees, shrubs, and ground cover including sod, in
accordance with plans and specifications
Grading and filling throughout site
Graveling of walkways
Repair and/or replacement of existing lawn sprinkler system
Installation of storage and restroom facilities
Repair of perimeter fencing
Installation of sign
q. S-S; o
Exhibit IV
Standards for Maintenance
The CITY shall designate, or cause to have designated,
the appropriate number of trained personnel to perform the
necessary and required maintenance responsibilities of the
GARDEN to ensure its continual upkeep.
The GARDEN shall be cleaned in its entirety not less than
twice a month.
=y The grounds shall be watered by an automatic sprinkler
system not less than twice a week during the winter season
(generally November through February), and not less than
three times a week during the remaining seasons (generally
March through October).
-- The lawn, all plant material, and the rock garden shall be
attended to not less than twice a month by trained
personnel.
-- The pond shall be kept free of all debris and chemicals in
a manner to allow the survival of the stock of fish
established as part of the renovation. The fish shall be
fed on a regular basis, maintained in a healthy condition
and replaced as necessary.
-- The public rest room facilities shall be maintained in
good order and cleaned not less than twice a week.
-- The perimeter fence shall be maintained in good order and
repair at all times.
-- Trash containers shall be emptied and litter shall be
removed from the GARDEN not less than once per week.
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dttY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members
of the City Commission
FROM: d �4
Cesar H. Odio
City Manager
RECOMMENDATION:
DATE: MAY 3 11988
FILE:
SUBJECT
25'
Proposed Resolution% Ricoh
Contribution for Japanese Garden
REFERENCES:
For City Commission Meeting of
ENCLOSURES: June 9, 1988
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute an
agreement with the Sari -Ai -Kai, Ricoh San-ai Group (Ricoh) , in
substantially the form attached, setting forth the tzarms and
conditions of a $330,000 contribution from Ricoh to be used
exclusively for the renovation of the City's Japanese Garden located
on Watson Island.
BACKGROUND:
The Department of Development, in conjunction with Ricoh, has
prepared the attached Agreement outlining the terms of. a $330,000
contribution from Ricoh to the City.
On July 23, 1987, the City Commission adopted Resolution No. 87-742,
declaring its desire and intent to support the restoration,
operation and maintenance of The Japanese Garden.
On December 9, 1987, Mr. Shin-ichi Miyoshi, Chairman of the San -Ai -
Kai, Ricoh San -Ai Group, made an official visit to the City from
Tokyo to present a Proclamation expressing Ricoh's desire to
contribute funds toward the Garden's renovation. The contribution
was accepted by Motion 87-1103.1 by the City Commission on December
10, 1987.
A matching City contribution of $200,000, which may be contributed
through provision of in -kind services, was appropriated by Ordinance
No. 10347 to the capital project entitled "Japanese Garden
Renovation." Ricoh's contribution, along with the City's, provides
funding for a total project cost of $530,000 for the Garden's
restoration in accordance with .3 plan to be approved by the City.
Major elements of the Garden's restoration include construction of a
multipurpose octagonal pavilion incorporating •3 tea house;
9S~520
Honorable Mayor and Members
of the City Commission
Page Two
construction of a new bridge, renovation of the "Azumaya,"
rehabilitation of the existing pond, relocation and/or trimming of
existing trees and shrubs, graveling of walkways, renovation of the
front gate, and installation of exterior lighting, a sprinkler
system, and re3t room facilities.
As a condition for acceptance of Ricoh's $330,000, the City agrees
that the official name of Garden shall be "Ichimura Miami -Japan
Garden" in commemoration of Ricoh's founder and the benefactor of
the Garden, Mr. Kiyoshi Ichimura. The City further agrees that it
shall, or cause to, operate and maintain the Garden to standards
that ensure its preservation.
It is recommended that the attached Resolution be idapted by the
City Commission on June 9, 1988, authorizing the execution of an
Agreement with Ricoh to facilitate commencement of construction at
The Japanese Garden located on Watson Island.
Attachments:
Proposed Resolution
Agreement
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