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AGREEMENT CCVRNING GRANT
FOR CONSTRLC'1'ION OFPLAY SCJLPTURES
IN 8AYFRe;,^IT PARK
This Agreement dated as of the
day of ��`�•;;,,��.
1965, between Air. & Mrs. Lee 1!ills ("Benefactors") ,-r::;i the City
of Miami ("City")
WITNESSETN:
WHEREAS, the City is committed to the redevelopment of
the Bayfront Park in accordance with the design plans which were
prepared. by Isamu Noguchi, ar,d 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) 6aywalk and Pepper Fountain; (2) Amphitheatre,
Backstage Building, Amphiwallt, Tower of Light, Rock Carden, 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 redevelopment; improvements has been accomplished
by the City, and construction of certain improvements is under
way; and
WHEREAS, the City is seelti ny a donor for the
construction of seven Play Sculptures which are described in the
site plan attached hereto as Exhibit 1 (the "Plans") 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 THEREFORE, the parties hereto covenant and agree as
1• The Benefactors confirm their commitment to make a
grant in the total sum of $110,000.00 to the City of Miami for
This estirn;te may be mode i
-3 by rnu Cua i agreement of the City and
the ;1rchi ct,
7. In order for the n greemen` to be binding upon both
parties, the City roust 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 agent 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 Dada
Foundation to be held and used by the Dade Foundationthrough its
Lee and Tina Hills Fund.
IN WITNESS WHEREOF, the Bene>actors and the City have
caused this Agreement to be duly executed as of the date first
above written.
MATT �!I[tAI, City Clerk
5902K
BENEFACTORS
Lee Hi? s
ti
((2,
Tina hills
C[TY OF
By: [fir
(.. ? z :lv-t-c
i/lanage r
the purpose of funding the construct -ion of the seven a
P-'
Sculptures in accordance 7
with the Plans, Drawings, and Budget fe
such project.
2. The City shall install 'a bronze plague or plaque of
similar gt ality at or on each of the seven Play Sculptures. Each
Plaque shall have the inscription, described on Exhibit 4
attached hereto. Each
plaque shall be installed immediately
following the completion of construction of each Play Sculpture,
3.
The Benefactors shall be held harmless from any and
all physical injuries and/or liabilities that may arise fr-,m the
Play Sculptures, including their construction, installation or
use.
4. The .City agrees that should there be any cost
overruns for whatever reason in the construction and installation
of the seven Flay 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 end maintenance, parts
1eplacement and painting. The City shall construct the aeven
Play Sculptures in accordance with the Drawings (including such
modifications as are mutually agreeable by the City and Architect)
and shall use safe and durable materials in the construction of
the seven Play Sculptures as set forth in the Drawings.
6. The Benefactors contribution to construct the
i.. seven
Play Sculptures shall only be expended for this purpose after the
earlier of: (1) each of the first three separate phases of the
park reconstruction has been substantially completed, or (ii) the
City
has sectored 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 $3,523,468, Exhibit 5 attached.