HomeMy WebLinkAboutReso 2019-2945 RESOLUTION NO. 2019 - 214-S
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, TO ADOPT
THE RECOMMENDATION OF THE CITY'S PUBLIC
ARTS ADVISORY COMMITTEE FOR APPROVAL OF
ART IN PUBLIC PLACES APPLICATION NO. AP2018-01
SUBMITTED BY PMG-S2 SUNNY ISLES, LLC;
APPROVING A PUBLIC ART DONATION AGREEMENT
WITH PMG-S2 SUNNY ISLES, LLC, ATTACHED HERETO
AS EXHIBIT "A", FOR THE DONATION OF A SEO
YOUNG-DOEK SCULPTURE TO COMPLY WITH THE
ART REQUIREMENT OF CHAPTER 104 OF THE CITY'S
CODE; AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT AND TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
•
WHEREAS, on January 31, 2019, PMG-S2 Sunny Isles, LLC ("Applicant") submitted
an application to the City's Public Arts Advisory Committee ("PAAC") for the placement of a
Seo Young-Deok sculpture ("Sculpture"), on the property located at 17141 Collins Avenue; and
WHEREAS, after further consideration and negotiations, the Applicant wishes to donate
the Sculpture to the City to comply with the requirements of Chapter 104 of the Code of
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Ordinances of the City of Sunny Isles Beach; and
WHEREAS, the City Commission wishes to adopt the recommendation made by the
PAAC and approve an Art Donation Agreement with PMG-S2 Sunny Isles, LLC, attached hereto
as Exhibit "A", for the art sculpture by Seo Young-Deok, in compliance with Chapter 104 of the
Code of Ordinances of the City of Sunny Isles Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORDA, AS FOLLOWS:
Section 1. Adoption of Recommendation and Approval of Agreement. The City
Commission hereby adopts the recommendation made by the Public Arts Advisory Committee
and approves an Art Donation Agreement with PMG-S2 Sunny Isles, LLC, attached hereto as
Exhibit "A", for the art sculpture by Seo Young-Deok, in compliance with Chapter 104 of the
Code of Ordinances of the City of Sunny Isles Beach.
Section 2. Authorization of the City Manager. The City Manager is hereby authorized to
execute said Agreement and do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall take effect immediately upon u adoption.
P
82019 Approv Muse Pmg-S2 Art Donation Page 1 of 2
PASSED and ADOPTED this 20`h day of June 119.
Georg- . Scholl, Mayor
TT:S
Mhu cio Bet recur, CMC, City Clerk
4e4, - ry
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
jt.
Edward A. Dion, City Attorney
Moved by: V1 "6 1V1 og- SveC41I n/
Seconded by: COVAMICSIONC12- acilDivvvti4
Vote:
Mayor Scholl J (Yes) (No)
Vice Mayor Svechin —�(Yes) (No)
Commissioner Goldman V (Yes) (No)
Commissioner Lama -moi —(Yes) (No)
Commissioner Viscarra
(Yes) (No)
R2019 Approv Muse Pmg-S2 Art Donation Page 2 of 2
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PUBLIC ART DONATION AGREEMENT
THIS PUBLIC ART DONATION AGREEMENT (hereinafter referred to as this"Agreement")
is made this day of , 2019, by and between the CITY OF SUNNY ISLES BEACH,
Florida, (hereinafter referred to as "City"), and PMG-S2 Sunny Isles, LLC, a foreign limited liability
company(hereinafter referred to as "Owner").
RECITALS
WHEREAS, Owner wishes to donate to the City a customized version of a work of art entitled
"Meditation", which is more specifically described in Attachment A and referred to herein as the
"Artwork";
WHEREAS, the Artwork is a customized version of a one of a kind sculpture, which has
commissioned by Owner and to be prepared by artist, Seo Young-Doek("Artist");
WHEREAS, Owner wishes to donate the Artwork in satisfaction of the Art in Public Places
requirements of Chapter 104 of the City Code(the"Art Requirements") "Muse"Muse Project at 17141 Collins
Avenue, Sunny Isles Beach,Florida(the"Muse Project");
WHEREAS, the Muse Project was approved under Resolution No. 12-Z-132 and No. 14-Z-140
adopted by the City on November 15, 2012 and July 17, 2014("Resolution");
WHEREAS,Owner has complied with the review process of the Public Arts Advisory Committee
and the Project has complied with the requirements of Chapter 104 of the City Code;
WHEREAS, City agrees to accept the donation under the terms and conditions herein and
acknowledges and agrees that such acceptance satisfies any and all Art Requirements of Owner with
respect to the Muse Project:
NOW THEREFORE, in consideration of the promises and the mutual covenants herein named,
the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a
part hereof for reference.
2. DONATION AND ACCEPTANCE. Owner hereby conveys by donation the Artwork, together
with its legal title, and the City hereby accepts the donation of the Artwork under the terms, qualifications
and conditions as set forth in the Agreement. Owner intends by this donation to relinquish all legal claim
of right to title to the Artwork. Owner acknowledges that, by the City's acceptance pursuant to this
Agreement, the City shall become the sole titleholder to said Artwork. The City acknowledges and agrees
that once Owner has satisfied the terms of this Agreement,Owner has satisfied any and all Art Requirements
of Owner with respect to the Muse Project.
3. WARRANTY OF TITLE. Owner certifies that the Artwork is a customized version of a work of
art created by the Artist. Owner warrants that the Artwork is free of encumbrances and, to Owner's
knowledge, it is not subject to any claims of royalties (other than by Artist), or copyright or trademark
infringement.
4. DEFECT WARRANTY. Owner warrants that, to Owner's knowledge, the Artwork shall be free
of defects in material and workmanship before the Artwork is installed on City property. If any defect is
Public Art Donation Agreement
found, then Owner shall promptly enforce its rights under its agreement with Artist to correct such defect.
Owner shall bear all direct and indirect costs of such corrections.
Should the Owner fail or refuse to correct any defect or to make any necessary repairs within the time
indicated in writing by the City Manager or its designee,the City shall have authority to cause the defective
work to be removed or corrected, or make such repairs as may be necessary at Owner's expense.
In the event the Owner fails to correct any defects or reimburse the City for the cost of such corrections,
the City shall have the right to pursue any and all rights and remedies against Owner, but in no event shall
the City have the right to revoke Owner's Certificate of Occupancy or Certificate of Use.
Notwithstanding the foregoing,Owner shall have no obligation,and shall have no liability whatsoever with
respect to, any defects, corrections or repairs with respect to the Artwork arising from the acts, omissions,
negligence or willful misconduct of the City or its agents, representatives, officers, directors, officials,
employees, contractors or consultants.
Owner's obligations and liabilities under this Section 6 shall expire three (3) months after the
Delivery Date(as hereinafter defined).
5. DELIVERY DATE. The Artwork shall be delivered and installed at the City's Art Park on a date
mutually agreed by Owner and the City ("Delivery Date"). Prior to the Delivery Date, Owner shall be
responsible for storage and maintenance of the Artwork. It is understood and agreed that the Delivery Date
shall not be scheduled until Artist completes his creation of the Artwork.
6. DELIVERY AND INSTALLATION. Owner shall be solely responsible for all labor, material
costs and liability insurance associated with delivery and installation of the Artwork. In addition to the
Artwork, Owner shall deliver and install a concrete pad for the Artwork. Delivery and installation of the
Artwork shall be coordinated with the City. The risk of loss and damage during delivery and installation
shall be borne solely by Owner. The Owner, at its sole cost and expense, shall be responsible for all
engineering and design work associated with the installation of the Artwork and will coordinate with the
City in obtaining any approvals associated with the delivery and installation of the Artwork.
Owner warrants that the Artwork shall be installed in a workmanlike manner to ensure the safety
of the Artwork and the public. If any defect in the installation is found, Owner shall promptly correct such
defect. Owner shall bear all direct and indirect costs of such corrections.
Should Owner fail or refuse to correct any defect or to make any necessary repairs associated with
the installation within the time indicated in writing by the City Manager or its designee, the City shall have
authority to cause the defective work to be removed or corrected,or make such repairs as may be necessary
at Owner's expense.
In the event the Owner fails to correct any defects or perform any repairs or to reimburse the City
for the cost of such corrections or repairs, the City shall have the right to pursue any and all rights and
remedies against Owner.
Notwithstanding the foregoing, Owner shall have no obligation, and shall have no liability
whatsoever with respect to, any defects or repairs with respect to the installation of the Artwork arising
from the acts,omissions,negligence or willful misconduct of the City or its agents,representatives,officers,
directors,officials,employees, contractors or consultants.
Public Art Donation Agreement 2
Owner's obligations and liabilities under this Section 6 shall expire three (3) months after the
Delivery Date,provided it has complied with the terms of this Agreement.
7. REMOVAL OR RELOCATION. The City has the right to remove the Artwork from the site
where it has been installed at any time. The City has the right to relocate or permanently remove the
Artwork from public display for any reason, in the sole discretion of the City, including, but not limited to,
hazards to public health, safety or welfare; unsightly or deteriorated conditions of the artwork; or the need
to access, repair and maintain public facilities. If the City removes the Artwork, then the City has the right
to store the Artwork, place the Artwork in another suitable City owned property, dispose of, sell or donate
the Artwork. Owner shall have no obligations or liability in connection with the removal or relocation of
the Artwork. Upon any such removal or relocation,Owner's obligations under Section 4 and 6 above shall
be null and void.
8. NAME PLATE. Owner shall provide a name plate for the Artwork which shall include the name
of the Artwork,the name of the Artist and name of the entity that has donated the Artwork. The design of
the name plate shall be approved by the City. The location of the name plate shall be within the sole
discretion of the City.
9. MAINTENANCE. The City shall have the right to determine when and if repairs and restorations
to the work will be made. Owner shall provide to City written recommendations for the care,maintenance,
preservation and handling of the Artwork. City shall, however,have sole discretion to determine when and
if maintenance is required and the extent of such maintenance. Other than as set forth in this Section 9,
Owner shall have no obligations or liability in connection with the maintenance of the Artwork.
10. REPRODUCTION AND CREDIT. The City may make and distribute,and authorize the making,
display and distribution of,photographs and other two-dimensional reproductions of the Artwork. The City
may use such reproductions solely for City-related purpose, including advertising, educational and
promotional materials,brochures,books,flyers,postcards,print, broadcast,film,electronic and multimedia
publicity, and catalogues or similar publications. Reproductions by the City shall contain a credit to Artist.
11. NOTICES. All notices and other communications required or permitted to be given under this
Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided
herein) by certified or registered mail, first class postage prepaid, return receipt requested, addressed to
such party as follows:
If to the City: Christopher J.Russo With a copy to:
City Manager City Attorney Office
City of Sunny Isles Beach City of Sunny Isles Beach
18070 Collins Avenue 18070 Collins Avenue
Fourth Floor Fourth Floor
SunnyIsles Beach,Florida 33160 SunnyIsles Beach,Florida 33160
Tel: (305) 792-1776 Tel: (305) 792-1766
If to the Owner: PMG-S2 Sunny Isles,LLC
1441 Brickell Avenue, Ste 1510
Miami, Florida 33131
Attention: Lowell D. Plotkin
Tel: (305) 384-6712
12. INDEMNIFICATION AND WAIVER OF LIABILITY. Subject to the terms, conditions and
limitations of this Agreement, including, but not limited to, Sections 4,6 and 7 and 9 above, Owner agrees,
Public Art Donation Agreement 3
to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against claims, damages, losses and
expenses(including but not limited to, reasonable out-of-pocket attorneys' fees,arbitration costs,and costs
of appellate proceedings) relating to, arising out of or resulting from Owner's negligence relating to'this
Agreement and the Artwork. Subject to the terms,conditions and limitations of this Agreement, including,
but not limited to, Sections 4, 6 and 7 and 9 above, Owner's duty to defend, hold harmless and indemnify
the City, its agents, representatives, officers, directors, officials and employees shall arise in connection
with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting therefrom', caused
by Owner's negligence relating to this Agreement and the Artwork.
Notwithstanding the foregoing,Owner's duty to indemnify the City under this Section 12 shall not
apply to the extent arising from the negligence ,or willful misconduct of the City or its agents,
representatives,officers, directors, officials,employees, contractors or consultants.
13. PUBLIC RECORDS. This Agreement shall be subject to Florida's Public Records Laws, §119
Florida Statutes. Owner understands the broad nature of these laws and agrees to comply with Florida's
public records and laws relating to records retention.
14. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be
governed by and shall be construed in accordance with the laws of the State of Florida. The location of any
legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County,
Florida. Each party shall be responsible for its own attorneys' fees and costs incurred as a result of any
action or proceeding under this Agreement. The parties agree to waive any right to a trial by jury of any
civil litigation related to this Agreement. Nothing in this Agreement is intended to serve as a waiver of
sovereign immunity,or of any other immunity,defense,or privilege enjoyed by the City pursuant to Section
768.28,Florida Statutes.
15. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable by a
court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding
upon the parties with the same effect as though the void or unenforceable provisions had been severed and
deleted.
B. This Agreement may be executed in multiple identical counterparts,each of which shall be
deemed an original for all purposes.
C. No waiver of any provision of this Agreement shall be valid or enforceable unless such
waiver is in writing and signed by the party granting such waiver.
D. Each individual executing this Agreement on behalf of a party hereto hereby represents
and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary
and appropriate action to execute this Agreement on behalf of such party and does so with full legal
authority to bind their respective party to this Agreement.
E. This Agreement contains the entire agreement of the parties,and may be amended,waived,
changed, modified, extended or rescinded only by in writing signed by the party against whom any such
amendment, waiver,change, modification, extension and/or rescission is sought.
Public Art Donation Agreement 4 .
•
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the
day and year first written above.
WITNES PMG-S2 S N441 ",•, _ C
Y:
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atu
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Name: Ryan ` ear
Title:Authori•ed Representative
Lowell Plotkin
Print Name
•
ATTES CITY OF SUNNY ISLES BEACH
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BY: Ae �r
BY:
Mauricio :-tan ur, a MC,,City Clerk Christopher R sso,City anager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: 64/1)/(4/A:
Ed Dion, Interim City Attorney
•
Public Art Donation Agreement
ATTACHMENT A
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7'-10 r (240cm)
max. width
6.-0-082c.,)
width @ base
sculpture depth 8'-2" (2.5m)
2 base material options, suitable for outdoor
use to be provided to the City for approval
prior to installation
EXHIBIT A
� szF� City of Sunny Isles Beach
dw-ita,;,,,,,
k!
ti T, 18070 Collins Avenue
'e.�,. . ; Sunny Isles Beach, Florida 33160
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'',.,.''29,-,--.i--4'"-1:::W 5,` (305)947-0606 City Hall
('`r*OF 504''3'.3 (305)949-3113 Fax •
MEMORANDUM
• TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
er
FROM: Claudia C. Hasbun, Planning and Zoning Director
DATE: , 6/20/2019
RE: Muse -Art in Public Places artwork donation '
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
The Muse project (Applicant) located at 17141 Collins Ave was -
approved under Zoning Resolution No. 12-Z-132 and No. 14-Z-140
adopted by the .City on . November 15, 2012 and July 17, 2014,
respectively. Under these resolutions, the project is required to be in .
compliance with Chapter 104 Art in Public Places Section of the City
Code.
Subsequently, an Art in Public Places application (AP2018-01)
including the artwork entitled "Meditation" prepared by artist Seo Yon
-
Doek was submitted on May 25, 2018 by the Applicant. The application_
has been reviewed by the PAAC and City Staff and it is recommended
that the artwork is accepted as a donation to the City. If the artwork's
donation is accepted by the City Commission, the Muse project will be
considered in compliance of Chapter 104 of the City Code.. - .
ATTACHMENTS:
Description
Resolution
Donation Agreement
53