HomeMy WebLinkAboutR-2010-011 Japanese Bochi Association Agreement for Garden at Tahoma CemeteryRESOLUTION NO. R-2010-11
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an agreement with the Japanese Bochi Association of Yakima for
the development, maintenance and use of the Japanese Garden at the
Tahoma Cemetery.
WHEREAS, the City is the owner of the Tahoma Cemetery, (hereinafter the
"Cemetery"), located at 1802 Tahoma Avenue, Yakima, Washington; and
WHEREAS, the Cemetery is a valuable part of the cultural, historical and social fabric
of the community; and
WHEREAS, the City is committed to ensuring the Cemetery serves the best interests of
the community; and
WHEREAS, the City is taking positive steps to protect the heritage of the community
and honor diversity; and
WHEREAS, the Association is devoted to recognizing its community members and their
ancestors who have lived and worked in the area for many decades; and
WHEREAS, the Association is dedicated to enhancing the Cemetery for the benefit of
its community members and their ancestors, as well as those now deceased who are located
there; and
WHEREAS, Phase I development area tasks were accomplished thereby expanding
the capacity at Tahoma Cemetery; and
WHEREAS, a portion of the proceeds from the sale of the 195 gravesites to the
Japanese Bochi Association, creating a revenue source for a portion of Phase I development
costs and other costs for the establishment of a Japanese Garden, was completed; and
WHEREAS, the City accepted the Japanese Bochi Association's offer to make advance
payment for 195 gravesites to facilitate funding of Phase I development at Tahoma Cemetery,
and accepted the Japanese Bochi Association's offer to assist with the establishment of a
Japanese Garden in a defined area in the Cemetery, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated "Agreement Between the City of Yakima and the Japanese
Bochi Association of Yakima" for the development, maintenance and use of the Japanese
Garden at the Tahoma Cemetery."
ADOPTED BY THE CITY COUNCIL this 19th day of J uary, 2010.
ATTEST:
City Ierk
1
Micah Cawley, or
R- za,c,— ►I
AGREEMENT BETWEEN THE CITY OF YAKIMA AND
THE JAPANESE BOCHI ASSOCIATION FOR DEVELOPMENT, MAINTENANCE AND USE
OF THE JAPANESE GARDEN AT THE TAHOMA CEMETERY
THIS AGREEMENT is entered into between the City of Yakima (hereinafter the "City"),
whose address is 129 North 2nd Street, Yakima, Washington 98901, and, the Japanese Bochi
Association, (hereinafter the "Association"), for purposes of the development, maintenance and
use of the Japanese Garden at the Tahoma Cemetery.
WHEREAS, the City is the owner of the Tahoma Cemetery, (hereinafter the "Cemetery"),
located at 1802 Tahoma Avenue, Yakima, Washington; and
WHEREAS, the Cemetery is a valuable part of the cultural, historical and social fabric of
the community; and
WHEREAS, the City is committed to ensuring the Cemetery serves the best interests of
the community; and
WHEREAS, the City is taking positive steps to protect the heritage of the community
and honor diversity; and
WHEREAS, the Association is devoted to recognizing its community members and their
ancestors who have lived and worked in the area for many decades; and
WHEREAS, the Association is dedicated to enhancing the Cemetery for the benefit of its
community members and their ancestors, as well as those now deceased who are located
there; and
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. Obligations of the Parties.
The City shall perform the following obligations in regard to the Japanese Garden:
A. Curbing
1. The City shall provide concrete curbing that delineates the Japanese Garden with a
forty (40') ft. diameter with 4-5' sidewalk;
B. Tree Trimming
1. The City shall work with the Association in a cooperative manner in conducting tree
trimming.
C. Utilities
1. The City shall provide electrical conduit and wire to the Japanese Garden for
illumination of the tea house and lights and the City shall pay for the electricity.
The Association shall perform the following obligations in regard to the•Japanese Garden:
Page 1 of 5
Agreement Between the City of Yakima
and the Japanese Bochi Association
A. Construction and Development
1. The Association shall design and build a Japanese Garden to serve as a focal point
in the south-east section of the Cemetery described as follows: Section M.
2. The proposed design, including working drawings, shall be submitted jointly to the
City's Department of Public Works ("Public Works") and Department of Engineering
("Engineering") for review and approval prior to commencement of any ground -disturbing
activity at the site.
3. The design documents and working drawings shall include all features of the
Japanese Garden including a tea house, plaza, memorial structure, dry pool, benches,
berm, accent rocks, plants, shrubs and trees.
4. As soon as practical after receiving approval from Public Works and Engineering for
a mutually agreed landscaping plan, the Association shall commence work and advise
Public Works of its progress with final completion of the project required within four (4)
months of the start date.
5. The Association shall inform Public Works of the progress of the project and
promptly consult with Public Works concerning any proposed changes from the working
drawings, planned construction, landscape or other elements of the site including but not
limited to the tea house, plaza, memorial structure, dry pool, benches, berm, accent rocks,
plants, shrubs and trees.
6. The Association shall immediately halt all work at the site and consult with Public
Works regarding any problem or material change in the plan for the Japanese Garden.
B. Operation and Maintenance
1. The Association shall operate and maintain the Japanese Garden including regular
care of the features set forth in Section 1. A. 3. above, within its means.
2. The Association shall, within its means, ensure the overall condition of the Japanese
Garden is consistent with general standards for use and enjoyment by the public with
appropriate regard for health, safety and welfare, the aesthetics of the area and all other
aspects of the site and its elements but shall have no lawn care or other regular
maintenance responsibilities.
3. The Association and the City shall cooperate to ensure all structures are maintained
in good working order with a suitably attractive appearance.
4. The Association and the City shall cooperate to ensure that plants, shrubs and all
other features of the site are replaced when there is destruction, whether due to accident,
natural causes, vandalism or other factors.
C. Alteration and Removal
1. The Association shall not materially alter the site or its configuration without prior
written approval from Public Works.
2. The Association shall not remove any part of the structures or other material
elements of the site without prior written approval from Public Works.
D. Consultation
Page 2 of 5
Agreement Between the City of Yakima
and the Japanese Bochi Association
1. The Association shall consult with Public Works on an annual basis, or more often as
necessary, for purposes of monitoring its condition and determining if any improvements
are required in the operation and maintenance of the site.
2. The Association shall provide all necessary information, as requested by Public
Works, concerning the condition of the Japanese Garden and shall not unreasonably
withhold consent to meeting and exchanging information necessary to implement this
Agreement.
2. Term. The term of this Agreement shall commence upon execution hereof and shall
remain in effect unless the Agreement is terminated earlier by either party under Section 15 of
this Agreement. The Association shall proceed with its obligations in a timely and diligent
manner but shall not have any responsibility for delays caused by others beyond the control of
the Association or that were not reasonably foreseeable.
3. Administration. This Agreement shall be administered by the City's Parks and
Recreation Division.
4. Independent Contractor. The Association and the City understand and expressly agree
that the Association is an independent contractor in the performance of each and every part of
this Agreement. The Association, as an independent contractor, assumes the entire
responsibility for carrying out and accomplishing the work/services required under this
Agreement. The Association, as an independent contractor, shall have the sole judgment of the
means, mode or manner of the actual performance of work/services required under this
Agreement. Additionally, and as an independent contractor, the Association and their
employees shall make no claim of City employment or claim against the City for any related
employment benefits, social security and/or retirement. Nothing contained herein shall be
interpreted as creating a relationship of servant, employee, partnership or agency between the
Association and/or any officer, employee or agent of the City.
5. No Third Party Rights. This Agreement is entered into for the sole benefit of the parties.
It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity
other than the City and the Association shall rely upon or enforce any provision of this
Agreement.
6. Indemnification and Hold Harmless.
1. Each party hereto agrees to maintain responsibility and assume liability in the
performance of this Agreement for its own wrongful and/or negligent acts or omissions and
those of its officers, agents or employees to the fullest extent allowed by law.
2. The provisions of this Section shall survive the termination or expiration of this
Agreement.
3. Nothing contained in this Section or this Agreement shall create a liability or a right of
indemnification in any third party.
7. Nondiscrimination. During the performance of this Agreement, the Association shall not
discriminate in violation of any applicable federal, state and/or local law or regulation on the
basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably
discharged veteran or military status, pregnancy, sexual orientation and any other classification
protected under federal, state or local law. This provision shall include but is not limited to the
Page 3 of 5
Agreement Between the City of Yakima
and the Japanese Bochi Association
following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training and the provision
of services under this Agreement.
8. Compliance With Law. All Parties to this Agreement shall comply with all applicable
federal, state and local laws, rules and regulations in carrying out the terms and conditions of
this Agreement.
9. No Insurance. It is understood the City does not maintain liability insurance for the
Association or its employees and subcontractors.
10. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of
any covenant or condition of this Agreement shall not impair the right of the party not in default
to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to
insist upon strict performance of any agreement, covenant or condition of this Agreement, or to
exercise any right herein given in any one or more instances, shall not be construed as a waiver
or relinquishment of any such agreement, covenant, condition or right.
11. Dispute Resolution. The City and the Association shall strive to meet and discuss any
outstanding issues related to the Japanese Garden and the implementation of this Agreement in
order to resolve any dispute through cooperation and negotiation. If this is not successful, the
Parties may agree to mediation but only if they do so in a written agreement.
12. Integration. This Agreement contains all of the terms and conditions agreed on by the
parties. No other understandings, oral or otherwise, regarding the subject matter of this
Agreement, are deemed to exist or to bind either of the parties.
13. Modifications. The parties may modify this Agreement but no proposed changes or
modifications shall have validity or become binding on either party unless such changes or
modifications are in writing and executed by both parties.
14. Severability.
1. If a court of competent jurisdiction holds any part, term or provision of this Agreement
illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected,
and the parties' rights and obligations shall be construed and enforced as if the Agreement did
not contain the particular provision held invalid.
2. If any provision of this Agreement is in direct conflict with any statutory provision of
the State of Washington, that provision which may conflict shall be deemed inoperative and null
and void insofar as it may conflict, and shall be deemed modified to conform to such statutory
provision.
15. Termination. The parties may terminate this Agreement, with or without cause, by written
notice from either party to the other party thirty (30) days in advance of the termination at any
time after ten (10) years from the entry of this agreement.
16. Notices. Unless otherwise stated herein, all notices and demands are required in written
form and sent to the parties at their addresses as follows:
TO: CITY OF YAKIMA
R. A. Zais, Jr., City Manager
Page 4 of 5
Agreement Between the City of Yakima
and the Japanese Bochi Association
TO:
City of Yakima
129 North Second Street
Yakima, WA 98901
JAPANESE BOCHI ASSOCIATION
Lon Inaba, Chairman
8351 McDonald Road
Wapato, WA 98951
17. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
18. Venue. Venue for any action to interpret or enforce this Agreement shall be in Yakima
County Superior Court.
CITY OF YAKIMA
Date Sig/27//6
ned
ATTEST
Deborah Kloster, City CI
CITY CONTRAC r NO: 2 o-07
RESOLUTION NO: 2_0/ 0 - (1
Page 5 of 5
Agreement Between the City of Yakima
and the Japanese Bochi Association
JAPANESE BOCHI ASSOCIATION
Lon Inaba, Chairman
12-117[09
Date Signed
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT.
Item No. 8
For Meeting of January 19, 2010
ITEM TITLE: Consideration of a Resolution authorizing an Agreement with the Japanese
Bochi Association for a Japanese Garden at Tahoma Cemetery
SUBMITTED BY: Chris Waarvick, Director of Public Works
Ken Wilkinson, Parks and Recreation Division Manager
CONTACT PERSON/TELEPHONE: Ken Wilkinson/575-6020
SUMMARY EXPLANATION:
The Japanese Bochi Association is ready to develop the Japanese Garden Project at Tahoma
Cemetery and respectfully requests City Council approval to do so.
Serving as a focal point within the southern section of Tahoma Cemetery, project design
components featured in the Japanese Garden would be located in the area of the Tots owned by
the Japanese Bochi Association. The Japanese Garden will include such features as a Tea
House, plaza, memorial structure, dry pool, benches, berm, accent rocks, plants, shrubs and
trees. The Japanese Bochi Association shall maintain and operate the Japanese Garden.
Completion of the project is expected in the upcoming 12 months. Public Works will be kept
apprised of the project's progress.
Resolution X Ordinance _ Contract Other (Specify) Report Mail to (name
and address):
Funding Source:
APPROVED FOR SUBMITTAL: ,City Manager
Phone:
STAFF RECONIMENDATION: Staff respectfully requests the City Council adopt the Resolution
authorizing an Agreement with the Japanese Bochi Association for a Japanese Garden at.
Tahoma Cemetery.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Parks Commission was
briefed on this matter at the March 11, 2009 Parks and Recreation Commission meeting and
unanimously approved the request.
COUNCIL ACTION:
me/Agenda Statement Jepeneee Gerden.rtf
YAKIMA PARKS AND RECREATION COMMISSION
March 11, 2009
Commissioners Present: Bob Busse, Maureen Adkison, Rod Bryant, Torn Hinman, Sam Karr,
Mike Nixon and Paul Williams
City Council: Sonia Rodriguez
Staff Present: Ken Wilkinson, Lynn Quesenbury and Bill Wells
Guests: Attached
Cali to Order.
After welcoming visitors both those present and those watching via television, Chaii wan Bob Busse
called the meeting to order at 5:33 p.m. in the Council Chambers at City Hall. The minutes of the
February 11, 2009, meeting were approved as mailed.
Informational Item: Japanese Garden for Tahoma Cemetery Proposal.
Ken Wilkinson introduced Lon Inaba, a member of the Valley's Japanese Community. It is typical, Lon
began by saying, for members of the Japanese community or its bochi to purchase a large group of
cemetery plots and to then resell them to its members as they are needed. They did this many years ago
and sold all of those over time. Then in 2000 Lon's bochi bought 200 new plots in the undeveloped nine
acres at Tahoma. At that time, the bochi proposed construction of a garden in memory of the first
Japanese pioneers who came to the Valley to clear land and establish farms.
The bochi would like to proceed with this project, Lan Inaba said. It has obtained a schematic drawing of
the proposed garden — a 40 -foot circle at the intersection of the rows of trees. It is to be furnished with a
tea house, benches, todi gates and three sets of trees and situated so as to provide views of the two areas
where the Japanese have been and will be buried at Tahoma. The cost of construction plus a contingency
fund is estimated to be $100,000, money that will be contributed by people living in the Valley and in
other locations. The garden will be low maintenance and Lon assured the group, if Japanese money funds
it, the bochi will make sure it has a good appearance over time. His purpose in attending the meeting was
to obtain clear authorization for the project so that he can proceed with the fundraising.
Ken Wilkison said he wanted the Commissioners to see the plan and a suggestion was made to have the
architect provide a model in case changes need to be made. Mike Nixon said he liked the design and
recalled it was the purchase of the graves in 2000 that provided the seed money that allowed the
development of the new acreage to get underway. Maureen Adkison said this is a testimony to the
Yakima Parks and Recreation Commission • March 11, 2009 • Page 1
•
•
Japanese community and the diversity of the Valley. She then made a motion to recommend the City
Council accept the plan and allow the bochi to proceed with its fundraising. The Commission approved
this unanimously.
Information Item: Allied Arts Update.
Ken Wilkinson introduced Jessica Moskwa, executive director of Allied Arts of Yakima Valley. She
distributed a packet of basic information about the programs provided collaboratively by Yakima Parks
and Recreation and Allied Arts: the Outdoor Summer Cinema and ArtsVan visits to Parks and
Recreation's summer playgrounds and Family Night at the Summer Sunset Concert Series at Franklin.
She also talked about other programs her organization provides including dramatic productions, poetry
readings, gallery showings, a Latino cultural film series, the Millennium Art plaza and Fresh Hop Ale
Fest, Allied Arts' major annual fundraiser.
Responding to a question from Maureen Adkison, Jessica Moskwa said ArtsVan has a $20,000 annual
budget to which the City contributes $5,333 yearly and which is also supported by the Southwest Rotary
Club.
Upper Kiwanis Design Schematic Design.
Ken Wilkinson said Parks and Recreation has been fortunate to have representatives from community
groups participating in development of a design for Kiwanis Park. He then called attention to
orthographic photos of the park that had been provided for the Commission members and accompanying
transparent overlays illustrating various alternate designs that have been proposed. He reviewed handouts.
comparing three- and four -field configurations, listing elements required by the state Recreation and
Conservation Office (RCO) grant and estimating costs for eliminating or altering Kiwanis Pond. Ken also
reported City Engineering has agreed to assist with design and engineering and said the September 30,
2010, RCO deadline for reimbursements is driving a need to move forward. There has been no consensus
on the design, Ken continued, but there is great desire to do what is best for the community. Responding
to a question, Bill Wells said currently there is sufficient parking but additional fields will likely change
that. Discussion about various design issues continued.
Greg Luring, Yakima Rotary, took the floor. Detailing the investment the three major services clubs have -
made in the project, he said they had spent $660,000 to date and will probably spend more. He said so
much energy and money has been expended that it is important to come up with the optimum design. He
also urged using some of the "gravel pit" or pond. Purchasing property equivalent to that occupied by the
pond, he estimated, would cost $1.3 million. Also speaking for the clubs and their partner, the Parker
Yakima Parks and Recreation Commission • March 11, 2009 • Page 2
Sports and Youth Foundation, Greg continued by explaining the underlying objective is development of a
neighborhood park for neighborhood kids. The Yakima School District(YSD), he added, has indicated
some willingness to participate on behalf of girls fast pitch and that four fields is a typical configuration
for a ball field facility.
Carol Finney said girls fastpitch would like to have a four -field layout with a combination of 200 -foot and
225 -foot fence lengths that would serve their program as well as Little League's. She also said girls fast
pitch is ready to file a Title 9 lawsuit against YSD if it is not furnished with fields comparable to those
provided for boys programs..
Mike Nixon said he was unclear what is needed to move forward. What are the issues, he asked, and what
is the situation with the pond. Ken Wilkinson said a consensus on the design is needed and a master plan
that deals with the property in terms of the long range. He also said this item was on the meeting's agenda
to bring the Commission up to date. Filling in the pond, he added, will slow the project and he wants a
plan that works best for all parties,
Discussion of the development continued with no conclusions being reached.
For the Good of the Order.
The City, Ken Wilkinson reported, is looking at budget reductions. He planned a meeting with staffthe
following morning to talk about possible adjustments. Mike Nixon said the Commission should be willing
to enter budget discussions. They need to'be up to date and not learn about issues from the news.
The meeting adjourned at 7 p.m.
Yakima Parks and Recreation Commission • March 11, 2009 • Page 3