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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