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AGREEMENT GOVERNING GRANT
FOR CONSTRUCTION OF PLAY SCULPTURES
IN BAYFRONT PARK •
This Agreement dated as of the 17 /
day of / �,,Xer-,
1985, between Mr. & Mrs. Lee Hills ("Benefactors") and the City
WITNESSETH:
WHEREAS, the City is committed to the redevelopment of
the Bayfront Park in accordance with the design plans which were
prepared by Isamu Noguchi, and adopted.and approved by the City;
and
WHEREAS, it is contemplated that,the redevelopment
improvements described in the Plans will be constructed in four
phases, (1) Baywalk and Pepper Fountain; (2) Amphitheatre,
Backstage Building, Amphiwalk, Tower of Light, Rock Garden, and
general park improvements north of the Promenade; (3) Promenade,
Chopin Plaza Court, and general park improvements west of
Baywalk, and (4) Play Sculptures, and the completion of these
phases depends upon funding availability; and
WHEREAS, the funding of a substantial part of the
budget for the redevelo pmentl improvements has been accomplished
by the City, and construction of certain improvements is under
Hay; and
WHEREAS, the City is seeking a donor for the
construction of seven Play Sculptures which are described in the
site plan attached hereto as Exhibit 1 (the "Plane") and in
construction drawings ("Drawings") attached hereto as Exhibit 2
and a preliminary construction cost estimate ("Budget") prepared
by Shoji Sadao (the "Architect") attached hereto as Exhibit 3;
and
WHEREAS, the Benefactors have indicated an interest in
making a grant of funds to the City of Miami to be utilized for
payment oZ the cost of constructing the seven Play Sculptures,
subject to the terms and conditions prescribed herein.
NOW TIIEREFORE, the parties hereto covenant and agree as
follows:
1. The BenefactOX4 confirm their commitment to make A
\VVIN'it 1 n 'tire `total sum or 7110, pp0..0p to the City of Miami for
the purpose of funding the construction of the seven Play
Sculptures in
accordance with the Plans, Drawings, and Budget for
such project.
2. The City shall ,__t_., a bronze plaque or plaque of
a
similar quality at or
plaque shall have the
attached hereto.
following the
on each of the seven Play Sculptures.
inscription, described on Exhibit 4
Each plaque shall be installed immediately
completion of construction of each Play Sculpture.
3. The Benefactors shall be held harmless from any and
injuries and/orf liabilities that may arise from the
ea, including their construction, installation or
4. The .City agrees that should there be any cost
overruns for whatever reason in the construction and installation
of the seven Play Sculptures above the amount donated by the
Benefactors ($110,000.00), the City shall be responsible for
identifying and securing such additional funds in order to
complete the seven Play Sculptures in a timely fashion and
according to the Plans and Drawings.
5. The City agrees to appropriately display the Play
Sculptures in Bayfront Park as set forth in the Plans for as long
as practicable and to maintain as long as practicable the
original integrity of the Play Sculptures including the provision
of appropriate lighting, reasonable repair and maintenance, parts
replacement and painting. The City
Play Sculptures in accordance
modifications as are
all Physical
Play Sculptur
use.
and shall use
shall construct the seven
with the Drawings (including such
durable materials in the construction
the seven Play Sculptures as set forth in the Drawings.
6. The Benefactors contribution to construct the seven
Play Sculptures shall only be expended for this
purpose after the
earlier of: (1) each of the first three separate phases
park reconstruction has been 'substantially completed, or (ii) the
City has secures) all of the funds necessary to complete each of
the first two phases and fifty (50) percent of the funds necessary
to complete the third phase. The present cost estimate for the
construction of the third phase is 43.523,466_ Fx} a tS
-2- 1
safe
Each
mutually agreeable by the City and Architect)
and
of
of the
This estimate may be modified by mutual agreement of the City and
the Architect.
7. In order for the Agreement to be binding upon both
parties, the City must have executed this Agreement prior to
December 27, 1985, and the Benefactors must have made full
payment by December 31, 1985.
8. It is a condition of this grant that the City shall
have completed the construction of the seven Play Sculptures
prior to January 31, 1989.
9. The Benefactors will contribute $110,000 to a bank
escrow account established by the City and the City agrees to
keep such grant plus interest earned on such amount in the escrow
account until the conditions contained in this Agreement are
satisfied. The City, upon satisfaction of these conditions,
shall present a sworn affidavit to the escrow accent stating that
such conditions have been met and shall send a copy of the same
to the Benefactors. The City shall then use the grant plus
interest for the construction, installation and maintenance of
the seven Play Sculptures.
10. If the City does not satisfy any material condition
of this Agreement, including not having completed the
construction of the Play Sculptures prior to January 31, 1989,
the escrow
agent shall forthwith transfer the Benefactors'
contribution ($110,000.00) plus any accrued interest to the Dade
Foundation to be held and used by the Dade Foundation through its
Lee and Tina hills Fund.
IN WITNESS WHEREOF, the Benefactors and the City have
caused this Agreement to be duly executed as of the date first
above written.
ATTE F:%d
MATT HIRAI, City Clerk
5902iK
BENEFACTORS
Lee Hik�.s
1
((.1 n n
Tina Bills
CITY OF
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