HomeMy WebLinkAboutShinzen Friendship Garden MOU9.6a an-, G
MEMORANDUM OF UNDERSTANDING
Shinzen Friendship Garden
C THIS MEMORANDUM OF UNDERSTANDING ("Agreement") is made and entered into on this
o day of September, 2011, by and between the City of Fresno, a municipal corporation, hereinafter
referred to as the "City," and Shinzen Friendship Garden, Inc., a California non-profit corporation,
o hereinafter referred to as "Corporation." The City and Corporation are sometimes collectively referred
to herein as the "Parties" and individually, as a "Party."
RECITALS
WHEREAS, the City owns, operates and maintains the Shinzen Friendship Garden ("Garden") in
Woodward Park ("Park"); and,
WHEREAS, the Corporation's purpose is to assist the City in developing, maintaining, preserving,
and promoting the Garden as a Japanese garden; and,
WHEREAS, the City is in a financial crisis that has resulted in a severe reduction in resources
devoted to maintaining, improving and operating the Garden; and,
WHEREAS, the Parties desire to formalize the relationship that has heretofore developed
between the entities since the creation of the Garden, and in addition, plan for an expanded role for the
Corporation in the operation and maintenance of the Garden.
ACPPFKAPNT
NOW, THEREFORE, the Parties agree as follows:
1. License to Enter: The Corporation, including its agents, representatives, volunteers and
contractors and affiliated organizations, companies and individuals, shall have a non-exclusive license to
enter the Park and the Garden for the purposes specified in this Agreement, at such times and under
such conditions as the Parties may agree from time to time. The City shall issue the Corporation
entrance passes to the Park and Garden in a form, duration and number as the Corporation and City
staff may agree is reasonably necessary for the purposes and activities set forth in this Agreement.
2. Maintenance:
a. City Responsibilities: Subject to available funding and corresponding maintenance
schedule, the City shall maintain the Garden and its existing and future approved improvements,
buildings, bridges, walkways, benches, Koi fish, Koi pond, and landscaping, and continue to perform the
functions set forth in Exhibit 'A," attached hereto and incorporated by reference herein. At least
annually, the City and the Corporation will revisit Exhibit "A" to see if the then current City budget will
enable it to increase, decrease or expand the functions set forth in Exhibit "A." In addition, the City shall
provide adequate irrigation to maintain the landscaping in the Garden and adjoining parking lot area.
Adequate irrigation will include functioning pipelines, sprinklers, risers, valves, timers, pumps and
motors and adequate hours of watering. Subject to the availability and frequency of maintenance
crews, the City shall cause the adjacent Woodward Park Group Activities Area ("Activities Area") to be
clean, mowed and well-maintained for any event booked into such space by the Corporation as herein
provided. The City shall not employ or permit untrained personnel to engage in horticultural practices
which require skill and training such as pruning and shaping of trees and shrubs. Should a Corporation
representative have suggestions for Garden tasks appropriate for Garden workers, the Corporation
representative should contact the City Park management. Workers used by the City must be supervised
by the City Staff.
b. Corporation Responsibilities: The Corporation shall notify the Parks Director of
Corporation events to be held in the Garden at least 30 days in advance. The Corporation and its agents,
representatives, volunteers, contractors and affiliated companies, organizations and individuals shall
have a license to enter the Garden and provide supplemental and specialty maintenance such as
planting, pruning and trimming trees, shrubs and flowers. Such supplemental and specialty maintenance
shall be at no cost to the City. The Corporation may solicit companies, organizations and individuals to
volunteer labor and provide material to maintain the Garden and its improvements including, without
limitation, the Koi pond. The Corporation and City staff may agree on incentives or recognitions for
contributions by such volunteers, and donors such as a company picnic at the Garden, passes to the
Garden and the like.
c. Volunteers: All Corporation volunteers working in the Garden must complete the
volunteer forms mandated by the City. These forms must be updated annually.
d. Periodic Inspections: The Parks Director or designee and representatives of the
Corporation shall conduct periodic inspections of the Garden on an as needed basis on mutually agreed
dates and times to assess the condition of the Garden and to meet and confer on possible maintenance,
repairs, and improvements.
e. Security: The Corporation and City staff shall meet and confer on best practices and
approaches to secure and protect the Garden from vandalism, theft and damage.
3. Indemnification and Insurance. The Corporation shall indemnify, hold harmless and
defend City and each of its officers, officials, employees, agents, invitees and volunteers (hereinafter
collectively referred to as "Indemnitees') from any and all loss, liability, fines, penalties, forfeitures,
costs and damages (whether in contract, tort or strict liability, including but not limited to personal
injury, death at any time and property damage) incurred by City, Corporation or any other person, and
from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and
litigation expenses) (hereinafter collectively referred to as "Claims"), but only in proportion to and to the
extent such Claims arise from the negligence, wrongful acts or omissions, or willful misconduct of
Corporation, its officers, officials, employees, agents, invitees or volunteers in the: (i) occupancy,
maintenance and/or use of the Garden; (ii) use of any part of the Garden, including any common area(s),
upon which the Garden is located; or (iii) performance of, or failure to perform, this Agreement.
The Corporation's occupancy, maintenance and use of the Garden shall be at the Corporation's sole risk
and expense. The Corporation accepts all risk relating to the Corporation's: (i) occupancy, maintenance
and/or use of the Garden; and (ii) the performance of, or failure to perform, this Agreement. City shall
not be liable to the Corporation for, and the Corporation hereby waives and releases City from, any and
all loss, liability, fines, penalties, forfeitures, costs or damages resulting from or attributable to an
occurrence on or about the Garden in any way related to the Corporation's operations and activities.
The Corporation shall immediately notify City of any known occurrence on the Garden resulting in injury
or death to any person or damage to property of any person.
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The provisions of this Section shall survive termination or expiration of this Agreement
Throughout the life of this Agreement, the Corporation shall pay for and maintain in full force and effect
all policies of insurance required hereunder with an insurance company lies) either (i) admitted by the
California Insurance Commissioner to do business in the State of California and rated not less than "A -
VII" in Best's Insurance Rating Guide, or (ii) authorized by City's Risk Manager. The following policies of
insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as
the most current version of Insurance Services Offices (ISO) Commercial General Liability Coverage Form
CG 00 01 and include insurance for "bodily injury," "property damage" and "personal and advertising
injury" with coverage for premises and operation, products and completed operations, and contractual
liability with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage; $1,000,000 per occurrence for personal and advertising injury; and $2,000,000 aggregate for
products and completed operations and $2,000,000 general aggregate.
(ii) LIQUOR LIABILITY insurance which shall be at least as broad as the most current
version of Insurance Services Office (ISO) Liquor Liability Coverage Form CG 00 33, and include insurance
for "bodily injury," and "property damage" with limits of liability of not less than $1,000,000 per
occurrence and $2,000,000 aggregate for bodily injury and property damage. In lieu of this insurance,
Corporation may endorse the COMMERCIAL GENERAL LIABILITY insurance policy to include coverage
for Liquor Liability, provided the coverage is as broad as required and the limits of liability are not less
than required. This insurance is only required if alcoholic beverages are to be sold, served or
furnished at the Garden and the responsibility for this insurance may be assigned to Corporation's
caterer.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor
Code.
(iv) EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each
accident, $1,000,000 disease each employee and $1,000,000 disease policy limit.
The Corporation shall be responsible for payment of any deductibles contained in any insurance policies
required hereunder and the Corporation shall also be responsible for payment of any self-insured
retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be
cancelled, non -renewed, reduced in coverage or in limits except after 30 calendar day written notice has
been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-
renewal, or reduction in coverage or in limits, the Corporation shall furnish City with a new certificate
and applicable endorsements for such policy(ies). In the event any policy is due to expire during the
work to be performed for City, the Corporation shall provide a new certificate, and applicable
endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration
date of the expiring policy.
The General Liability and Liquor Liability (if applicable) insurance policies shall be written on an
occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an
additional insured. Such policy(ies) of insurance shall be endorsed so the Corporation's insurance shall
be primary and no contribution shall be required of City. Any Workers' Compensation insurance policy
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shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers.
the Corporation shall have furnished City with the certificate(s) and applicable endorsements for ALL
required insurance prior to City's execution of the Agreement.
If at any time during the life of this Agreement or any extension, the Corporation fails to maintain any
required insurance in full force and effect, all the Corporation's activities under this Agreement shall be
discontinued immediately, until notice is received by City that the required insurance has been restored
to full force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement. No action taken by City pursuant to this section shall in any way relieve the Corporation of
its responsibilities under this Agreement.
The fact that insurance is obtained by the Corporation shall not be deemed to release or diminish the
liability of the Corporation, including, without limitation, liability under the indemnity provisions of this
Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall
apply to all claims and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the Corporation.
Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit
the liability of the Corporation, or any of its board, officers, employees, agents, volunteers, invitees,
suppliers, vendors, consultants, contractors or subcontractors.
Upon request of City, the Corporation shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified by
the underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
4. Fee -Generating Activities: The Corporation will exclusively handle reservations for photo
shoots, tours, weddings, and similar events by private groups in the Garden. Corresponding bookings for
receptions in the Woodward Park Group Activities Area may also be handled by the Corporation,
however reservation fees shall be governed by the City Master Fee Schedule and dates shall be
confirmed and made through the PARCS reservation system. All calls or inquiries received by the City
concerning such bookings will be referred first to the Corporation. In addition, the City shall work with
the Corporation to review and revise Garden reservation fees from time to time, with all fee revisions
subject to City Council approval before implementation. Fees generated from photo shoots, tours,
weddings, and similar events by private groups in the Garden ("Event Fees") shall be collected and
retained by the Corporation and used exclusively for capital improvements, maintenance and
preservation of the facility. Woodward Park Group Activities Area reservation revenue for receptions
and other events related to the Garden may be collected by the Corporation, but must be turned over to
the City for deposit within 10 days of collection.
The Corporation may also improve an area or areas normally used to conduct weddings
("Wedding Area") in a design, area and terms and conditions as the Corporation and City staff may
agree, and consistent with the terms of Section 8 of this Agreement. The Corporation may also publicize
the Park, Garden, Wedding Area and Woodward Park Group Activities Area for the purpose of
encouraging public awareness and promoting fuller utilization of the facilities. The Corporation may
arrange for Garden tours using volunteer docents with or without charge on such terms and conditions
as the Corporation and City staff may agree. The Corporation may sell or serve alcoholic beverages for
special fundraising events in the Garden or Woodward Park Group Activities Area with the prior consent
of City staff on the condition that it obtain an appropriate license from the Alcoholic Beverage Control
Board and provide appropriate insurance as required by the City.
5. Garden Entrance and Event Fees: The City shall continue to operate the Garden entrance
gate during normal business hours, and all fees collected by the City, net of expenses, shall continue to
be divided one-half to the City's General Fund and one-half to a City Shinzen Garden Fund for exclusive
use to maintain and improve the Garden. The Corporation may request that the City operate the
entrance structure for hours extended beyond normal operating hours or special events on such terms
and conditions as the Parties may agree from time to time; the City's approval of such requests shall not
be unreasonably withheld. The Corporation may also operate the entrance structure during extended
hours with Corporation personnel, with all fees collected divided equally between the City and
Corporation for maintenance and preservation of the Garden. Proceeds due to City from extended hours
operation shall be remitted within 10 days of the event date along with a supporting sales report or
receipt(s).
6. Annual Activities: The Corporation shall have a license to use the Garden and Park for specific
annual activities. The Corporation may also conduct special events with the prior consent of City staff
on such terms and conditions as they may agree. The City shall grant to the Corporation the use of the
Woodward Park Group Activities area free of charge three days annually, which may be covered by
some of the events listed below; dates of use to be determined by the Corporation and dependent upon
the availability of the area. If City staff assistance is needed for Shinzen Garden Corporation events, the
City may charge the hourly rate in effect.
a. Spring Blossom Festival: The Corporation shall have a license to host, without charge
by the City, its Spring Blossom Festival in the Garden on a weekend near the vernal equinox when the
Spring Section is in bloom. The Festival may include, without limitation, a Bonsai show, viewing of the
Teahouse, educational demonstrations and sales. The Corporation shall have the right to retain all of
the net proceeds it collects, including admission fees for entry to the Garden, as Event Fees, in
accordance with Paragraph 4, above.
b. Shinzen Run: The Corporation, in cooperation with the Fresno Chapter of the
Japanese American Citizens League, shall have a license to conduct, without charge by the City, an
annual race(s) at the Park on a weekend day with the headquarters of the event in the Woodward Park
Group Activities Area. A portion of the proceeds are provided to the Corporation to fund its activities.
Entrance to the Garden shall be free to the sponsor volunteers and Corporation's volunteers.
c. Toro Nagashi: The Corporation shall have a license to use, without charge by the City,
a portion the Park and parking lot for its annual Toro Nagashi. "Toro Nagashi" is a Japanese tradition
involving the floating of candle lanterns in honor of departed ancestors. The Corporation shall have the
right to retain all of the net proceeds it collects from the sale of the lanterns or other revenues
generated by this event.
d. Annual Membership Meeting: The Corporation shall have a license to use, without
charge by the City, the Woodward Park Group Activities Area in the Park or the Garden for its annual
membership meeting.
e. Cultural Faire: The Corporation shall have a license to use, without charge, the
Garden and Woodward Park Group Activities Area for a Japanese cultural faire. The activities may
include, without limitation, art exhibits, children's activities, plant displays, bonsai demonstrations, tea
5
ceremonies, Taiko Drummers and sale of plants, art, food and drinks. The Corporation shall have the
right to retain all of the net proceeds it collects, including admission fees for entry to the Garden, as
Event Fees, in accordance with Paragraph 4, above.
7. Reporting: City and Corporation agree to meet at least once annually to discuss the following
items, which Corporation agrees to provide on an annual basis within 90 days after the close of each
annual period:
A. A financial statement which includes a balance sheet detailing all assets and liabilities, and an
income statement detailing all revenue and expenses during the year.
B. Corporation shall provide a list of Board members and contact information whenever there is a
change to membership, or once annually, whichever comes first.
C. Garden capital improvement recommendations
D. Provide proof of active corporate status.
E. Proof of insurance as required in Section 3 of this Agreement.
8. Special Proiects: The Corporation shall provide expertise and contributions, monetary and in-
kind, for such projects and on such terms and conditions as the Parties may agree from time to time.
The City may require a plan to pay for the maintenance costs of any new project. By way of example,
prior projects include the Tea House, Ume Grove, gazebo and entrance structure, to name a few. Capital
improvement projects proposed by the Corporation and funded by the Corporation shall be submitted
in writing to the Parks Director, and shall be subject to obtaining all necessary permits and approvals,
including appropriate environmental review. All contracts that Corporation enters into to construct
capital improvements shall contain insurance, indemnity, release and assignment provisions acceptable
to the City Attorney and City's Risk Manager, or his/her designee, and corporation agrees that the prior
written approval is required of City prior to entering into any contracts to construct capital projects.
9. Use of Name and Images: The Corporation has a non-exclusive license to use the name,
"Shinzen Garden" and "Shinzen Friendship Garden" in its name, membership newsletters, merchandise,
solicitations and publicity to promote the Garden and raise funds for the Corporation's activities and
projects.
10. Naming Rights and Recognition of Donors and Contributors: The City and Corporation shall
cooperate to develop criteria for the recognition of contributors to the Garden or the Corporation in
keeping with the cultural and aesthetic goals of the Garden. This may include listing companies,
organizations and individuals who support the landscaping and maintenance of the Garden on
appropriate signage outside the Garden near the adjoining parking lot area. The existing donor board
may also be repaired, updated or replaced and moved to a more prominent area in the Garden. The
City shall not extend naming rights to the Garden or any significant area therein without the prior
written consent of the Corporation; however the City shall have final approval of naming rights, but will
not approve any naming rights to which the Corporation has objected.
11. City Liaison Officer: The Parks Director or designee shall serve as a liaison officer to the
Corporation. The liaison officer may attend regular monthly meetings of the Board of Directors of the
Corporation and act as a conduit for information, coordination and decision making between the
Corporation and the City.
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12. Goal -Setting Process: The City shall provide a representative to participate in a goal -setting
process from time to time to develop a mission statement, strategic plan, business plan for the Garden
and its development, maintenance and repair in conjunction with the Corporation. Part of that process
may consider the Corporation leasing the Garden from the City on such terms and conditions as the
Parties may agree. The City and Corporation shall develop a five year capital plan to prioritize the
expenditure of Event Fees.
13. Term: This Agreement shall be in effect for a term of five years from the date hereof and
shall automatically renew for additional one-year terms unless a notice of non -renewal is given by either
party at least 90 -days prior to the end of the then current term. Notwithstanding the foregoing, the
Corporation and City shall have the right to terminate this Agreement upon six (6) months' advance
written notice.
SIGNATURES APPEAR ON NEXT PAGE
7
WHEREFORE, the Parties have entered into this agreement on the date and year first above
referenced in Fresno, California.
CITY OF FRESNO,
a municipal corporation
By:4A49�?
Bruce A. Rudd, Assistant City Manager/
Interim PARCS Director
ATTEST
REBECCA KLISCH
City Clerk
By: U
°[ j 50VO
Approved as to Form:
JAMES C. SANCHEZ
City Attorney
By:
Attachment
9
SHINZEN FRIENDSHIP GARDEN, INC.,
A California Nonprofit Corporation
By:
1, y Sh dy, President
By:,CC_t�'
Richard H. Kassabian, Treasurer
Exhibit A — City Maintenance Responsibilities
U
Japanese Garden Summary Listing of City Maintenance Responsibilities*
Maintenance Tasks*
Target interval*
1
Manual irrigation as needed
Weekly/As Needed
2
Wash down bird and animal droppings
Weekly
3
Clean up fallen fruit
Weekly
4
Inspect and clean restrooms including deep cleaning as needed
Weekly
5
Feed Koi at recommended amount and intervals
Once per day
6
Inspect water level of koi/ume grove ponds/lake, take action as needed
Weekly
7
Police and pick up litter including from trash cans
Weekly
8
Inspect for safety issues and report to Risk Management as needed
Weekly
9
Trim hanging or low growing limbs or vegetation from above walkways
Weekly/As Needed
10
Inspect for and remove graffiti
Once per day
11
Blow walkways of leaves and other plant debris
Weekly
12
Inspect large tank Filter System and address problems as needed
Monthly
13
Trim or remove bamboo sprouts where needed
Weekly
14
Trim shrubs to shape or remove unwanted growth
Weekly
15
Mow and edge lawn
Weekly
16
Remove volunteer trees
As needed
17
Blow and rake fallen leaves and debris as needed
Weekly
18
Repair and or replace missing sprinkler heads as needed
As Needed
19
Spray or brush down spider webs
As Needed
20
Inspect, skim and remove any debris from sand filters
Monthly
21
Control weeds with herbicides or manual means
Weekly
22
Rake or blow pine needles and leaves from in parking lot
As needed
23
Inspect and remove trash and litter from parking area
Once a day
24
Remove all dead growth from trees and shrubs
Weekly/As Needed
25
Add salt or other recommended treatments to Koi pond as needed
As needed
26
Clean streams of weeds and overgrown vegetation
As needed
27
Remove dead trees and shrubs
Weekly/As Needed
*All maintenance intervals and response times will subject to budget and staffing levels
during the course of this Agreement.
Gity of
IrinC��11f\Ifi
r■-1�^�� ��►� REPORT TO THE CITYCOUNCIL
Presented to Cihy Council
Date _—._-- 91
September 15, 2011 Disposition
AGENDA ITEM NO. 9.00a.,-, G
COUNCIL MEETING 9115111
APPROVED BY
DEPARTMENT DIRECTOR
CITY MANAGER !. -
FROM: BRUCE A. RUDD, Interim Director
Parks, After School, Recreation and Community Services Department
BY: PAUL A. MELIKIAN, Administrative & Finance Manager
Parks, After School, Recreation and Community Services Department
SUBJECT: ADOPT A FINDING OF CATEGORICAL. EXEMPTION PURSUANT TO SECTION
15301/CLASS 1 (EXISTING FACILITIES) OF THE CEQA GUIDELINES AND APPROVE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SHINZEN FRIENDSHIP
GARDEN, INC. FOR THE CONTINUED OPERATION AND MAINTENANCE OF THE SHINZEN
JAPANESE GARDEN LOCATED IN WOODWARD PARK
RECOMMENDATIONS
Staff recommends that the City Council approve the attached Memorandum of Understanding (MOU) with the
Shinzen Friendship Garden, Inc. for the continued operation and maintenance of the Japanese Garden in
Woodward Park,
EXECUTIVE SUMMARY
The attached MOU formalizes and enhances the existing relationship the City and the Shinzen Friendship
Garden, and is a result of many hours of discussion about the current state and future of the facility. This
Agreement shall be in effect for a term of five years and renew for additional one-year terms unless a notice of
non -renewal is provided.
Staff has performed a preliminary environmental assessment of this agreement and has determined that it falls
within the Categorical Exemption set forth in section 15301/Class 1 which exempts operation of existing
facilities because this MOU is solidifying the existing relationship between the City and the Shinzen corporation
and will not expand existing use of the garden. Furthermore, Staff has determined that none of the exceptions
to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.
This MOU has been reviewed by the City Attorney and Risk Management Offices.
BACKGROUND
The five -acre Shinzen Friendship Garden is located within Woodward Park. In 1967, when the Park was being
developed, the idea was proposed to create a Japanese garden complete with stone lanterns and a teahouse
to be dedicated to Fresno's Sister City Kochi, Japan, as a symbol of friendship and international brotherhood,
and for the promotion of cultural relations between the two cities. A committee was organized to develop plans
and raise the required funding.
Later that year the Fresno City Council approved this concept and allocated the acreage for such a garden. A
group led by Ben Nakamura, a Fresno accountant, was formed to enlist the aid of the Japanese -American
community. During the next few years, several trips were made to Japan to seek support for the Garden. In
1972, Paul Saito, a Landscape Architect from Orange County, California, was chosen to design the Garden.
He was assisted by a master teahouse designer from Japan, Shiro Nakagawa. The Garden was planned
Report to the City Council
MOU with Shinzen Friendship Garden, Inc.
September 15, 2011
Page 2 of 3
around the four seasons, with distinctive plantings in each area. The plans were completed and approved in
1974.
The ground -breaking ceremony was held in 1975 with Bishop Matsui of the Shinto Church officiating, and
Mayor Dan Whitehurst, Councilmember Ted Wills, Ben Nakamura and other members of the Shinzen
Friendship Garden Committee present. By spring 1981, the Garden was developed enough to be open for
public viewing. Later that year the Shinzen Garden Committee was incorporated as a separate entity.
While the City owns the property, and is ultimately responsible for its upkeep and security, most of the
additions and other improvements have been funded by members' dues and private and corporate
donations. While there has been a general understanding between the parties the lack of any formal
agreement was a concern for the members of the Shinzen Garden Committee as well as the City. The
adoption this MOU will codify the relationship between the parties as well as define the roles, responsibilities,
and expectations. The following discussion summarizes of the terms of the MOU:
Maintenance Activities: Subject to available funding and staffing levels, the City shall continue to maintain the
Garden and its existing and future approved improvements, buildings, bridges, walkways, benches, Koi fish,
Koi pond, and landscaping, and continue to perform the functions summarized in Exhibit "A" of the attached
Agreement. The City may require a plan to pay for the maintenance costs of any new projects.
The Corporation shall have license to enter the Garden and provide supplemental and specialty maintenance
such as planting, pruning and trimming trees, shrubs and flowers. Such supplemental and specialty
maintenance shall be at no cost to the City. The Corporation may solicit companies, organizations and
individuals to volunteer labor and provide material to maintain the Garden and its improvements.
Fee -Generating Activities: The Corporation will now exclusively handle reservations for photo shoots, tours,
weddings, and similar events by private groups in the Garden. The City has historically handled these activities
but can no longer effectively perform due to staffing limitations. Corresponding bookings for receptions in the
Woodward Park Group Activities Area may also be handled by the Corporation; however dates shall be
confirmed and made through the PARCS reservation system. In addition, the City shall work with the
Corporation to review and revise Garden reservation fees from time to time, with all fee revisions subject to
City Council approval before implementation. Revenues generated from photo shoots, tours, weddings, and
similar events by private groups in the Garden shall be collected and retained by the Corporation and used
exclusively for capital improvements, maintenance and preservation of the facility.
The Corporation plans to improve and expand the area used to conduct weddings. The Corporation may also
publicize the Park, Garden, Wedding Area and Woodward Park Group Activities Area for the purpose of
encouraging public awareness and promoting fuller utilization of the facilities. The Corporation may sell or
serve alcoholic beverages for special fundraising events in the Garden or Woodward Park Group Activities
Area with the prior consent of the Parks Director on the condition that it obtain an appropriate license from the
Alcoholic Beverage Control Board and provide appropriate insurance as required by the City.
Garden Entrance and Event Fees: The City shall continue to operate the Garden entrance gate during normal
business hours, and all fees collected by the City, net of expenses, shall continue to be divided equally
between the City's General Fund and to the Shinzen Garden Fund, which is used to fund the maintain and
improve the Garden. The Corporation may request that the City operate the entrance structure for hours
extended beyond normal operating hours or special events. The Corporation may also operate the entrance
structure during extended hours with Corporation personnel, with all fees collected divided equally between the
City and Corporation for maintenance and preservation of the Garden.
Report to the City Council
MOU with Shinzen Friendship Garden, Inc.
September 15, 2011
Page 3 of 3
Annual Activities: The Corporation shall have a license to use the Garden and Park for specific annual
activities. The Corporation may also conduct special events with the prior consent of City staff. The City will
allow the Corporation the use of the Woodward Park Group Activities area free of charge three days annually,
dates of use to be determined by the Corporation and dependent upon the availability of the area. If City staff
assistance is needed for Shinzen Garden Corporation events, the City may charge for support services
provided.
Goal -Setting Process: The City will participate in a goal -setting process from time to time to develop a mission
statement, strategic plan, business plan for the Garden and its development, maintenance and repair in
conjunction with the Corporation, including the development of a five-year capital plan. Part of that process
may consider the Corporation leasing the Garden from the City.
Future plans for the Garden include a larger wedding area, utility/classroom, restrooms, museum and gift shop,
and tearoom. Additional plantings and improvements make the Shinzen Friendship Garden an ongoing
project.
FISCAL IMPACT
This MOU will have no additional impact to the General Fund beyond current maintenance obligations. Future
plans for the Garden to expand wedding and reservation activity will generate additional revenue to the
General Fund through enhanced parking revenue. The Garden facilities will also continue to benefit from
Corporation fund-raising efforts, which allow a majority of improvement and restoration activities to be funded
through donations or sponsorships.
Attachment: Agreement