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HomeMy WebLinkAboutShinzen Friendship Garden New Docent StructureL mL I/L'dll0 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF FRESNO AND SHINZEN FRIENDSHIP GARDEN INC o REGARDING CONSTRUCTION OF NEW DOCENT STRUCTURIi This MEMORANDUM OF UNDERSTANDING is enterd into this <Sfl`-day of , 2010, by and between the CITY OF FRESNO, a municipal wrpomtinn, hercimfter krred m the "City,' and SHW-FN FRIENDSHIP GARDEN, WC'., a California mm -profit corporation, hereinafter referred to as •5hazen." WHEREAS. the City owns a municipal park known m the Ralph M. Woodward Park l"Woodward Park") wherein on area hes been designated an the Japanese Garden, hereinafter referred tom the"Carden"; and WHEREAS. Shaven was incorporated for the purpose of developing and promoting the Garden as a cultural and aesthetic center to beriefit all citizens of Forma: and WHEREAS, Shircom has most recently retained the services of an mchitecturdl firm to develop plans and specifications for the construction of a new entrance building in the Garden hereinafter referred to as Ne "Project'; and W HF REAS, Shimaen has offered to di mte the limped to the City; and WHEREAS, the Project will bene0t the residents of the City and County of Fresrm; NOW, THEREFORT]. the parties herein agree m follows: 1. License for Constructions The City hereby grants to Shiraem its agents and contractors. a license to enter on the Woodward Park premises and contruct the Project which shall include the removal of an existing docent structure and consWeuon of a new enclosed entry structure. The tern athis License shall expire upon final acceptance of the Project by the City or too years from the Effective Dale, whichever shall occur fust. 1. Plans and Notifications. Shinzen shall prepare complete plans and specifications for the construction of the Pmjeet, which plans and specifications shall be subject to the approval of the Parks. Allen, school, Recreation and Community Services Depanmrnt, Development Department, and Public Works Department of the City. Shinzen and the City shall use best efforts m have final City approval of Ne plains and specifications within Pony -five (45) days after they are initially submitted. Shincen shall submit applications m the City and all other goverment agencies having jurisdiction to obtain all permits. entitlements, and re necessary to construct the Project, including but not limited to a conditional use permit and any necessary envircrimerml assessment. Shiner shall conform: with the City and other govecn(nrnml agencies in processing such applications and presenting them for final approval.. The City shall process all such applications submitted to it m expeditiously as Possible and present them for final approval at theearliestpossible date. 3. Fres. City and Slumen shall coach pay one-half of the following fees: January 23. 2009 - Condiuonal Ilse Permit - $160.00 March 4, 2009- Plan Check Fee - $269.68 May I I, 2009 - Plan Check Fee Final Payment - $431.45 Building Permit (To be paid in December 2009)- $391.00 4. ADA Prokine Lot Crannies City x511 agree to re -stripe the porting lot and install an ADA -compliant ramp at City's sole cost and expense. 5. Concoction of the Pmiect. Upon fmal City approval of such plares'and specifications and approval of all necessary building and development permits, and development entitlements. Shinzen shall select a contractor and diligently proceed to concoct the Project in accordance arm such approved plans and specificatiorn and applicable legal requirements in effect at the time the plans and specifications are given final City approved and any changes in such requirements as necessitated by public health and safety. Any changes in the plans and specifications of The Project shall be subject to prior written approval by Shimen and Too City's Parks Alter -school. Recreation and Community Services Director. 6. Cost of Commensal . Except as otherwise set forth in this Agreement. Ne entire cost of the Project shall be home by Shinzen. p. Liens. Shirten shall not suffer or permit to be enforced against the City's title to the Garden, ans encumbrance. lien, claim or demand mixing from any work, construction or inum 1mion or the Popect by Shinren or its contractors. 8. Contractor's License. All construction of Ne Project shall b< conducted by a general construction contractor licensed in accordance wiN the laws of The State of California end acceptable to Ne City through its City Engineer. 9. Completion of Pro'mt. Immediately upon Ne completion of the Project. or upon expiration of Nis license, whichever shall occur firs, ownership and possession of the Project. regardless of its more of completion on such dale, shill vest in The City, including all rights of management and control thereof. and Ne City shall pay all operating and maintenance costs for the Project. 10. Design Professional Engineer Indemnification and Insurance Recruitments. Unless waived by the City as to a specific consuhan, Shinaen shell incorporate the provisions in Exhibit A in all consultant agreements and in all conothant design and/or engineering agreements for Project with the respective engineer and design professional (each design and/or engineering professional hereinafter referred to as Ne'CTcwultani'). City agrees to waive me requirement of Exhibit A for architect Irving Miyamow. 11. General Construction Contractor Indemnification and hvsumnce Requirements Shinzen shall manporate the provisions in Exhibit B in all commantion contracts for Projects wiN the general construction contractor (" Contmctoe'). 12. City as Third Pane Benefc'arv'n General Construction Contract. Shinano shall incorporate a provision in all construction contracts and consultant design engineering agreements for Projects with the respective Contractor and Consultant making City a third part beneficiary under said contrast and agreement of all Shinun rights and interests thereunder. 13. Attorneys Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party, to this Agreement the prevailing party shall he entitled to receive from me other party, in addition to any other relief Nat may Se granted, the reasonable atmmcvs fees, cosL�, and expenses incurred in the action or proceeding by the prevailing party. 14. Eltective Date of Agreement This Agreement shall not become effective until Spinach has obtained all required permits, reviews and development entitlements needed to proceed with constrvetion of the Project including, but not limited W. the environmental review process required by Ne California Environmental] Quality Act and a Conditional Use Permit as watched by the Fresco Municipal Code. IN WITNESS WHEREOF, the parties have entered win this License Agreement on Ne date and Year Frst written ahave. CITY OF FRESNO a Mumcipalra an By: Randall CoopEr, Director Approved as to Form: APPROVED AS TO FORM JAMES C. SANCHEZ Cit�Mnamav�r-. Rv: - KATHERINE E. BRADLEY Deputy City Attomey SHINZEN FRIENDSHIP GARDEN, USE. a California non-profit corporation By: 4Pt l gdL &,OkL r Name: .r„d. shmaaev Title ..id"t Name: Richard aaasabian Title: e e... ido.,erT......... ATTEST: REBECCA E. KLISCH City Clerk BY: �%:,.�L �'Cam' e.+. v 2�16Z/0 u pray ExhibitA Design Professionanngineer (`Consultant^) Indemnification and Insurance Requirementa Indemnification. To the furthest extent allowed by law including Califamia Civil Cade section 2782.8, Consultant shall indemnify, hold homeless and defend the City of Fresno and each of its officers, officials. employees, agents and volunteers from any and all lass, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or svict liability, including but not limited to persmml injury, death at any time add property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pennon to, or relate to We negligence. recklessness or wibful misconduct of Consultant, its principals. a icem, employees, agents or volunteers in the perfemmdce of this Agreement. If Consultant should subcontract all or any portion of the services to he performed under this Agreement, Consultant shell require each subcontractor to indemaify, hold bamdess and defend the City of Fresco and each of its officers, officials, employees, agents and volunteers in accordance with the terms of die preceding paragraph. This and the two preceding paragraphs shall survive termination or expiation of this Agreement. Indurance, Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance companyges) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less Wan "A- VII" in Best's Insurance Rating Gaidq or (it) authorized by City of Fresno's Risk Manager. The following policies of insurance are required: (i) COMMERCIAL GENERAL LIABILITY insurance which shall he at least as broad as the man current version of languages Servires Office (ISO) Commercial General Liability Crocage Form CG 00 01 and includeinsurance for "bodily injury:' "pm asny damage" and "personal and advertising injury" with coverage for premises and operations, products and completed operations and contactual liability with limits of liability of vet Ices than the following: $1,000,000 per occurrence for bodily injury and property damage $1.000,000 per occurrerne for personal and advenising injury $2,001000 aggregate for products and completed operations $2000.000 general aggregate applying separately m the services performed under the Agreement (ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall he at least as board as We most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired. and non -awned automobiles or other hcev d vehicles (Code I - Any Auto) with limits of liability ofnot less than $1,001000 par accident for tidily injury and property damage. (iii) PROFESSIONAL LIABILITY (Forms and Omissions) insurance with limits of liability of not less man $250,000 per claim/occurrence and $500,000 policy aggregate. (iv) WORKERS' COMPENSATION insurance as required under the California Labor Code. (v) EMPLOYERS' LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000.000 disease policy limit and $1,000,000 discuss each employee. In the event Consultant purchases an Umbrella or Excess insurance policy(hes) to meet the minimum limits of insurance set forth above. this insurance policy(ies) shall "follow form" end atfard no less coverage than the primary insurance policy(ies). Consultant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Consultant shall also he responsible for payment of any self-insured retentions. Any deductibles or self-insured receivers must be declared to, and approved by. the City of Fresno's Risk Manager or his/her designee. At the option of the City of Fresno s Risk Manager or hisrher designee, either (i) the human shall reduceor eliminate such deductibles or self-insured retemions as respects City of Fresno, IN officers, i ffcials, employees, agents and volunteers; or (ii) Consultant shall provide a financial guarantee, satisfactory to City of Fresno's Risk Manager or hisllter designee, Romancing payment of losses and related investigations. claim administration and defense expenses. At no time shall City of Fresno be responsible for the payment of any deductibles or selGmsmcd retentions. All policies of mismance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, ao ori hewed, reduced ha coverage or in limits except after 10 calendar day written notice has been given to City of Fresno. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non -renewal, or induction in coverage or in limits Consultant shall famish City of Fresno with a new certificate and applicable endorsements for such pelicy(ies). In the event my policy is due to expire during the work to be performed, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less Nan 15 calendar days prior to the expiration date ofthe expiring policy. The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City of Fresno, its Officers, officials, agents, employeesand volunteers as an additional insured Such poliey(ia) of main=" shall be endorsed so Consultant's insurance shall be primary and no contribution shall he required of City of Fresno. The coverage shall coupon no special limitations on the scope of protection afforded to City of Fresno, its officers. officials. employees, agents and volunteers. Any Workers' Compensation insurance policy shall conmin a waiver of subrogation as to City of Fresno, its officers, officials, agents. employees and volunteers. IF the Professional Liability (Errors and Dmmisions) insurance policy is written on a claims -made form I. The "Reim Date" must be shown, and most he before the effective date of the Agreement or the commencement of work by Comment, 2. Insurance must be maintained and evidence of insurance most be provided for at least 5 Years after any expiration or termination of the Agreement or, in the alternative. the policy shall be endorsed to provide not less than a 5 -year discovery period. This requirement shall survive expiration or nomination of the Agreement. 3. If coverage is canceled ornon-renewed, and not replaced with another claims - made policy Porn with a"btsna Date" prior to the effective be or the Agreement, Consultant most purchase "extended mpsmlwg' coverage for a minimum of 5 yews following the expiration or termimtion ofthe Agreement. 4. A copy of me claims reporting requirements must be submitted to the City of Fresno for review. 5. 'These requirements shall survive expiration or termination of the Agreement. C'.onsuhant shall banish City of Fresno with all eerificate(s) and applicable endorsements effecting coverage required hereunder. All aerttOearvn and applicable endorsements are to be received and approved by the City of Frnoo's Risk Manager or hislher designee before work commences. Upon tequest of City of Fresno, Consultant shall immediately famish City of Fresno 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 nomination tion of this Agreement. If at any time during the life of the Agreement or any extension. Consultant or any of its subconuo rom fail to maintain any required insurance in full fame and elate, all work under this Agreement shall be discontinued immediately. and all payments due or that become due to Consultant shall he withheld until notice is received by City of Fresno that the required insurance has been restored it, full force and effect and that the premiums therefore have been paid for a period satisfazlory to City of Fresno. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City of Fresno hereunder shall in my way relieve Consultant of its responsibilities under this AgrawrimL The phrase "fail to maintain any required announce' shall include, without limitation. notification received by the City of Fresno that an inswer has commenced proceedings, or hhad proceedings commenced against it, indicating that We inswetas is inrolvenL The fact that insurance is obtained by Comulmw shall not he deemed to release or diminish the liability of Consultant, including, without bandolier. liability under the indemnity provisions of this Agreement. The duty to indemnify City of Fresno shall apply to all claims and liability regardless of whether any insurance policies we applicable. The policy hoots do not act as e limitation upon the amount of indemnification to be provided by Consultant. Approval or purchaseof any Insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant. its principals, officers, names, employees. persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, subconsulmm, subcontractors, or anyone employed directly or indirectly by any ofthem. If Consultant should subconoson all or my portion of the services to be performed under this Agreement. Consultant shall squire each subcontractor to provide insurance protection in favor of City of Fresno, its officers, officials, employees, agents and volunteers; in accordance with the trams of each of the preceding paragraphs, except that the subcontracrors' certificates and endorsements shall he on file with Consultant and City or Fremo prior to the commencement of any wink by the subcontractor. Exhibit B General Construction Contractor ("Conbracloe) Indemnification and Insurance Requirements Indemnification. 1'0 the furthest extent allowed by law including Califomla Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend the City of Fresno and each of its officers, officials, employees, agents and volunteers tram any and all loss, liability, fines. penalties, forfeitures costs and damages (whether in contact, tort or strict liability, including. but an, limited to personal injury, death many time and property damage) incurred by the City of Fresno. Contactor or any other person, and doom any and ad claims. demands and actions in law or equity (including anomey's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract, Contractors obligations under the preceding sentence shall apply regardless of whether the City of Fresno or any at its officers, officials, emplovees, agents, consultants or volunteers are passively negligent, but shall not apply to my loss. liability, fines, penalties, forteidres,. costs, or damages caused by the active or sole negligence. or the willful misconduct, of the City of Fresno or any of its officers, officials. employees, agents or volunteers, If Commerce should subcontract all or any portion of the work to be performed under (his Contract. CONTRACTOR shall require each subcontractor by indemnify, hold harmless and defend the Cupof Fresno and each of its officers, officials. employees, agents and volunteers in accordance widt the terns of the preceding paragraph. This and the two preceding paragraphs shall survive termination or expiation of this Contract. Insurance. Throughout the life of this Counsel, Contractor shall pay for and maintain in Poll f rce and erten all policies of insurarae required hereunder with an insurance company(us) either (it admitted by the California Insurance Commissioner to do business in the Suite. of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (il) authorized by Cit of Fresnos Risk Manager. The following policies of insurance are required: (il COMMERCIAL GENERAL LIABILITY insurance which shall he to least as broad as the most current version of Laurance Services office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for "bodily i remy.' -property damagd' and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non -owned equipment), products and completed operations. and contractual liability (including, without limitation, indemnity obligations wider the Contract) with limits of liability afoot less than the following: $1;000,000 per occurrence for bodily iWery and property damage $1.000,000 per occurrence forpetsonal and advertising injury $2.(100,00(1 per occurrence for products and completed operations $2,000.000 aggregate for products and completed operations $2.000.000 general aggregate applying separately to the work performed under the Contract (it) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as Ilse most torten[ version of Insurance Service Once (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned hired, and mnowned automobiles or other licensed vehicles (Code 1 -Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily Injuryand property damage. (iii) WORKERS' COMPENSATION insurance as required under the California Labor Code. Us) EMPLOYERS' LIABILITY mis m rce with limits of liability of not less than $1.000,000 each accident, $1,000,00) discuss policy limit and $1,00.000 disease each employee. (v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the compared value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an canting building.) In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet Che minimum limits of hvsumnce act forth above. this insurance policy(ies) mall 'follow hone" and afford no less coverage than the primary insurance policy(ies). Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Connector shall also be responsible for payment of any self-insured retentions. Any deductibles or selhinsured retentions must be declared to, and approved by, the City of Lesson's Risk Manager or hislher designee. Al the option of The City of [mum's Risk Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or selGinsured retentions as respects City of Fresno, its officers. officials. employees. agents and volunteers; or (ii) Contractor shall provide a in incial guarantee. satisfccmry to Ciry of Fresno's Risk Manager or his/her design", guaranteeing payment of losses and related investigations. claim administration and def expenses. At no time shall City of Fresno be responsible for the payment of any deductibles or self-insured retentions. All policies of longtime required hereunder shall he endorsed to. provide that the emge shall not be cancelled, non -renewed, reduced in ceivage or in limits except after 30 calendar duy winter notice has been given to City of Fresno. Upon issuance by the insurer. broker. or agent of a notice of cancellation, non -renewal. or reduction in coverage or in limits. Contractor shall famish City of Fresno with, a new emtificate and applicable endorsements for such policv(ies). In the event any policy is due to expire during the work to be performed. Contractor shall provide a new certificme, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration dale of the expiring policy. The General Liability and Automobile Liability insurance policies shall he written on an occurrence Form and shall name City of Fresno, its officers, officials, agents, employees and volunteers as on additional inured. Such policy(itis) of insurance mal be endorsed im Contractor's insurance shall be primary and no contribution shall be required of City of poison. Tie coverage shall contain no special Immigrants igrans on the scope of protection afforded to City of prison, its officers, officials, employees, agents and voluvkers. The Builders Risk (Course of Construction) insurance policy shall he endorsed to name the City of Fresno as a named insured.. My Workers' Compensation 'Nsumnce policy shall containmver of subrogation as to City of Fresno, its officers, officials. agents, employees and volunteers. Contractor shall fumish City of Fresno with all cer ilicate(s) and applicable endorsements effecting coverage required hereunder. An mandifiealea and applicable entlorsements are to be received and approved by the City of Fresno's Risk Manager or hiatLer designee before wurkeommesim. Upon request of City efFresno, Contractor shall immediately furnish City, of Fresno with a complete copy of any insurance policy required under this Contract, including all endorsements. with said copy codified by the underwriter in be a we and correct copy of the original policy. This requirement shall survive expiration or termination of Nis Contract. If at any time during ma life of the Contract or any extension, Contractor or any of its subeontramors fail to maintain any required insurance in full force and effect all work under this Contract shall he discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is rereived by City of Presno Nal the required insurance has been restored to full force and effect and that the premiums therefore havebeen paid for a period satisfactory to City of Fresno. Any failure to maintain the required insurance shall be sufficient cause for City of Fromm to momenta enta this Contract. No action taken by the City of Fresno hereunder shall in any way relieve Contractor of its responsibilities under this Contrera. The phrase "fail to maintain any required in shall include. without limitation. notification removed by the City of Fresno that an ins er has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. The fact that insurance is obtained by Contractor shell not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract The duty to indemnity City of Fresim 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 maraca of indemnification to heprovided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Connector, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees. consultants, sub-consullarns. suhcnnuacton, or anyone employed directly or indirectly by any of them. In the event of a partial or Intal destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Cont act and the Final acceptance of the work or materials m be performed or supplied Nereundec the Cmurder shall promptly recreational. repair, replace, or restore all work or materials an destroyed or injured at hislher sole cant and expense. Nothing herein provided for shall in any way excuse the Contraemr or his/her insurance company from the obligation of Famishing all the miluhed materials and completing the work as full compliance with the rano of the Contract. If Contractor should subcontract all or my portion of the services to be performed under his Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City of Presno, its officers, officials. employees, agents and volunteers in accordance with the terns of each of the preceding paragraphs. except that the suhconvectors' certificates and endorsements shall be on file with Contractor and City of Fresno prior to the commencement of my work by the subcontractor. NEnm LN.uh/arnl worm . **NO P.8T "*** January 29, 2010 Council Adoption: 01/28/1e Mayo Approval: TO: MAYOR ASHLEY SWEARENGIN Mayor vers: override kepuesc FROM: REBECCA E. KLISCH, CMC City Clerk SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO At the Council meeting of 1128/10, Council took legislative action entitled Appv MOU w/ Shlneen Friendship Garden. Inc m: now docent structure in Japanese Garden, Item No. 1 L, by the following vote: Ayes Sogeas, Bray c, Dages, Peres, )Gong, Sterling, Westedund Noes None Absent None Abstain None Please indicate either your formal approval or veto by completing Mie following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before February8, 2010. In computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the 10n day is a Saturday, Sunday, or holiday, in which rase it has also been excluded. Failure to file this memo with Me Clerk's office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall fake effect without the Mayors signed approval. Thank you APPROVED: VETOED for the following reasons: (Wdden objections am required by Charter: attach additional sheets If necessary.) Date: Ashley Swearengin, Mayor COUNCIL OVERRIDE ACTION: Delta: Ayes Noes Absent Absmin February 11, 2010 Coundl Adopdow 03/11/10 Mayor Approval: TO: MAYOR ASHLEY SWEARENGIN Mayor vein: FROM: REBECCA E. KLISC C Overritle Request: City Clerk SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO Attire Council meeting of 2/11/10, Council look legislative action entitled Appv 3'a amndmnt to MOB w/Fresno Storyland and Fresno Chaffee Zoo Corporation, Item No. IG, by the following vote. Ayes Borgeas, Brand, Cages, Perea, Xiong, Sterling, Westerlund Noes None Absent None Abstain None Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before February 22, 2010. In computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the 10" day is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to fle this memo with the Clerk's once within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayors signed approval. Thank you PROVE VETOED for the following masons: (Written objections are required by Charter, attach additional sheets N necessary.). aSAshley vreere is Mayor COUNCIL OVERRIDE ACTION: Ayes Noes Absent Abstain a Date: P'I& id Date: FRESN4. AGENDA ITEM NO. REPORT TO THE CITYCOUNCIL t L COUNCIL MEETING Iii sauaatecp tend) oaae m January 28, 2010 uupucoca- .may-jQ I moa CITY u FROM: RANDALL L. COOPER, Director Parks. After School, Recreation and Communi(ty/ Services Department BY: PAULA MELIKIAN, Administrative Manager /IH/ Parks. After School, Recreation and Community rvlces Department SUBJECT: APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF FRESNO AND SHINZEN FRIENDSHIP GARDEN, INC. REGARDING CONSTRUCTION OFA NEW DOCENT STRUCTURE IN THE JAPANESE GARDEN RECOMMENDATIONS Staff recommends that the City Council approve the attached Memorandum of Understanding (MOU) with the Shaman Fnendship Garden, Inc. for the construction of a new decant structure in the Japanese Garden located in Woodward Park. MCUTIVE SUMMARY The attached MOU allows the City and the Shinzen Friendship Garden organization to work together to construct a new docent stmdure at the entrance to has Japanese Garden. The existing structure is not fully endeared and does not meet the operating needs of the City or Shinzen members. The Friends of the Shinzen Garden have a long history of making sgnMlcent investments in me fadlitg their estimated contribution to the; Project is $40.000. derived from annual fund-raiser events, member dues, and donations. The new structure (drawing attached) will be more functional and aesthetically Pleasing than the current building. The Friends d the Shinzen Garden will be responsible for; preparing all plans and specifications (subject to approval by the City); obtaining all necessary permes and reserves, selecting a conessi paying all costs of demolition and construction, and X of permit fees. Using a potion of accumulated Garden entrance and reservation revenue, the City agrees to pay the cost of m-amping the Japanese Garden parking lot, Install an ADA compliant ramp, and pay h by the permit fees. This MOU has been reviewed by the Cty Attorney and Risk Management Offices. BACKGROUND The/dlovmg beckgmund oven ncoat oravped by me sell Jayvrem Garden well arp coo ervcf MPurycwa of Mia novel. The five -acre Shinzen Friendship Garden is located within Woodward Park. In 1967, when the Park was being developed. the Was was promised to create a Japanese garden complete with stone Iantems and a teahouse to be dedicated to Fresno's Sister City Kochi, Japan, as a symbol of friendship and internalional brotherhood and for the promotion of cultural relators between the li cities. A committee was organized to develop plane 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-Amenxin community. Di the next few years, several tr were made to Japan to seek support for the Gartlen. In 1972, Paul Saito, a Landscape Architect from Orange County, California, was chosen to design the Garden. SUBJECT TO MAYOR'S VETO MOU with Shinzen Friendship Garden, Inc. re: New Docent Structure January 28, 2010 Page 2 of 2 He was assisted by a master teahouse designer from Japan, Shiro Nakagawa. The Garden was planned 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 1875 with Bishop Matsui of the Shinto Church officiating, and Mayor Dan Whitehurst, Councilmember Ted Wift Ban Nakamura and other members of the Shinzen Friendship Garden Committee present. By spring 1981, the Garden was developed enough to be open for pudic viewing. Later that year the Shinzen Garden Committee was incorporated as a separate ¢Miry. The City of Fresno owns the property and is responsible for Its upkeep and secufM, but most of the additions and Improvements are funded by members' dues and private and corporate commonly. Future plans for the Garden include a utineylclassmom, reshooms, museum and gift shop, and tearoom. Additional plantings and Improvements make the Shinzen Friendship Garden an ongoing project. The annual events In the Garden include the Spring Blossom Festival held the weekend nearest the vernal equinox. Spring Arleta in the Garden Day, Membership Meeting and Dinner in July, Toro Nagashl (Floating Lantem) Ceremony in August, the Shaman Run in September', the Shinzen Cultural Faire held on the lost Saturday In November in conjunction wiN the Fall Color Festival on the fast full weekend In November: arel Fall Artists in the Garden Day. FISCAL IMPACT This MOU will have no impact to the General Fund. The Shinzen Friendship Garden, Inc. will contribute an estimated $40.000 to this project. The City's estimated contribution of $20,000 will be derived from the Japanese Garden capital improvement fund, which receives revenue from gate fees and reservations. The new building will also allow for a cash register to W secured in the facility, greatly improving accountability of. gate fee revenue. Attachment Memorandum of Understanding Drawing of new Docent Building Il�bl �� lIR91R_LII I �,N-III I R�I I 1' lR�IIRRII' go mviNi +16A�.�.1 k.. 1�il l lel a�! Il�bl �� lIR91R_LII I �,N-III I R�I I 1' lR�IIRRII' go mviNi +16A�.�.1 k..