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HomeMy WebLinkAboutReso 2020-3048RESOLUTION NO. 2020- �7' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY'S PUBLIC ARTS ADVISORY COMMITTEE ("PAAC") FOR APPROVAL OF ART IN PUBLIC PLACES APPLICATION NO. AP2019- 02, SUBMITTED BY RDR SEASHORE, LLC ("DEVELOPER") FOR THE PLACEMENT OF A VERTICAL GARDEN WALL FRONTING COLLINS AVENUE OF THE PROPERTY LOCATED AT 18975 COLLINS AVENUE; APPROVING A MAINTENANCE AGREEMENT BETWEEN THE DEVELOPER AND THE CITY OF SUNNY ISLES BEACH, ESTABLISHING MAINTENANCE OBLIGATIONS FOR THE VERTICAL GARDEN WALL, ATTACHED HERETO AND INCORPORATED HEREIN, IN SUBSTANTIALLY THE FORM, AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 16, 2015, the City of Sunny Isles Beach ("City") passed Resolution Number 15-Z-152, approving the site plan application submitted by RDR Seashore, LLC ("Developer") to develop 18975 Collins Condominium (the "Condominium"), a 56 -story residential condominium located at 18975 Collins Avenue; and WHEREAS, in connection with the development approvals for the Condominium, and pursuant to Chapter 104 of the City's Code of Ordinances, the Developer agreed to install a Work of Art as defined by Chapter 104, subject to the approval of the City's Public Arts Advisory Committee ("PAAC"); and WHEREAS, on April 29, 2019, the Developer submitted the Art in Public Places Application No. AP2019-02 to the PAAC for their consideration and approval of a Work of Art consisting of a vertical garden wall upon the Collins Avenue frontage of the Condominium (the "Vertical Garden Wall"); and WHEREAS, on August 6, 2019, the PAAC considered and unanimously approved the Art in Public Places Application No. AP2019-02; and WHEREAS, the PAAC unanimously endorsed the Work of Art with the understanding that some agreement must be put in place for perpetual maintenance of the wall; and WHEREAS, the City Commission wishes to accept the recommendation made by the PAAC, and approve the Art in Public Places Application No. AP2019-02, as submitted by the Developer; and WHEREAS, pursuant to the PAAC's recommendation, the City further wishes to enter into an agreement with the Developer establishing maintenance obligations for the Vertical Garden Wall, attached hereto as Exhibit "A", requiring that the 18975 Collins Condominium Association, Inc. shall at all times maintain the Vertical Garden Wall in a healthy condition, and in accordance with the Project Quality Standards set forth in the Agreement. R2020 Aoorove Armani Art App and Maintenance Agreement Page I of NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this Resolution are incorporated herein by reference as if fully set forth herein. Section 2. Acceptance of Recommendation and Approval of Application. The City Commission hereby accepts the recommendation made by the PARC and approves Art in Public Places Application No. AP2019-02 as submitted by RDR Seashore, LLC, for the placement of a Vertical Garden Wall upon the Collins Avenue frontage of the property located at 18975 Collins Avenue. Section 3. Approval of Maintenance Agreement. The City Commission of the City of Sunny Isles Beach hereby accepts the Maintenance Agreement from RDR Seashore, LLC., attached hereto and incorporated herein, in substantially the same form, as Exhibit "A". Section 4. Authorization of City Manager and City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution shall become effective upon adoption. r F� r �1.J �F - v Iu ' .APPRQV,ED AS TO FORM AND LEGAL SUFFICIENCY: PASSED AND ADOPTED on this 207 day bf February 2020. , CMC, City Clerk f14efl. Edward A. Dion, City Attorney Moved by: n r 619- s/oa N Vote: Mayor Scholl Vice Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra R2020 Approve Armani Art App and Maintenance Agreement Scholl, Mayor Seconded by: CDMMM�&JUt- gtSCActA, ✓ (Yes) (No) (Yes) (No) V (Yes) (No) --7/--.(Yes) (No) (Yes) (No) Page 2 of 2 C F= N X71_121_3 F41_I 13 c$ C_I a OR BK 318.:rfi F35 3177`881 (5F'3S ) RECORDED i i.;,ri 14/20*2 i 1 .1"J u ll HARVEY RIIVII'i► CLERK OF 'COURT AGREEMENT TO MAINTAIN VERTICAL GARDEN WALLMIAMI-C,ADE t:OUHTYY FLORIN -i THIS AGREEMENT TO MAINTAIN is made and entered into as of the _r day ofZ 2019, by and between RDR Seashore, L.L.C., a Delaware limited liability company ("RDR") and th City of Sunny Isles Beach, a municipal corporation (the "City"). RECITALS: A. RDR is the developer of 18975 Collins Condominium (the "Condominium"), created by Declaration thereof, recorded in Official Records Book Page a$i; O , of the Public Records of Miami -Dade County, Florida (as amended and/or supplemented from time to time, the "Declaration") and located within the City. B. In connection with the development approvals for the Condominium, the RDR has installed a vertical garden wall upon the Collins Avenue frontage of the Condominium, which the City agrees satisfies the City's requirements for "Art in Public Places" (the "Vertical Garden Wall"). C. The entity established to govern the Condominium is 18975 COLLINS CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit (the "Association"). D. The parties hereto now desire to enter into this Agreement to establish the on-going maintenance obligations of the Vertical Garden Wall, all in the manner hereinafter described. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. 2. Maintenance of the Vertical Garden Wall. In order to comply with the City's approval requirements for the Condominium, the Association shall at all times maintain the Vertical Garden Wall in a heathy condition and otherwise in accordance with the Project Quality Standards. For purposes of this agreement, Project Quality Standards shall mean healthy and vigorous condition of plants equal to or similar to the elevation diagram attached in Exhibit A. In furtherance of the foregoing, in the event that 10% or more of the plants and other vegetation on the Vertical Garden Wall die or otherwise do not meet the foregoing standards, same shall be replaced by the Association within thirty (30) days. Notwithstanding the foregoing, the Association, in its reasonable discretion, shall have the right to change the type of plants and other vegetation on the Vertical Garden Wall, from time to time, provided that at all times the Vertical Garden Wall meets the Project Quality Standards. From and after the date hereof, the Association assumes all of RDR's obligations with respect to the Vertical Garden Wall and RDR shall forever be released from same. Miscellaneous. (a) Counterparts. This Agreement may be executed in any number of counterparts and - the separate parties hereto in separate counterparts, each of which when taken to . ther j shall be deemed to be one and the same instrument. i (b) Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. ADMIN 35999657v2 (c) Severability. In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed in full force and effect. (d) Notices. All notices hereunder must be given in writing, and must be either hand delivered or sent by electronic email, first class mail, messenger or national overnight delivery service (i.e., FedEx, UPS, etc.) to the appropriate party at the following addresses: If to Association: 18975 Collins Avenue If to City Sunny Isles Beach, Florida Attn: President Attn: or to such other address as either party shall, from time to time, designate for itself, in writing, to the other party. Any notice hand delivered or sent by electronic email shall be deemed delivered on the day given. Any notice sent by overnight delivery service shall be deemed delivered on the day following the delivery of the notice to the overnight messenger service, and any notice sent by first class mail shall be deemed delivered three (3).. -days following its deposit with the United States Postal Service in a postage prepaid addressed wrapper. (e) Term. This Agreement and the rights granted herein shall commence on the date hereof and shall be for a perpetual term, unless terminated in the manner provided in Section 4 hereof. (f) Applicable Law. The validity of this Agreement and all of its terms and provisions, as well as rights and duties of the parties hereunder, shall be interpreted and construed in accordance with the laws of the State of Florida. (g) Enforcement. In the event the Association fails to maintain the Vertical Garden Wall as set forth in paragraph 2 above, the City shall have the right to pursue any and all remedies against the Association. -2- ADMIN 35999657v2 4. Amendments. This Agreement may not be amended, modified or terminated except by written agreement of all of the Association and the City. 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties with respect thereto. ***Signatures are contained on the following page*** PND coup,., g 'A 3 1.4 Cpm we TRuf qre CO -3- ADMIN 35999657v2 EXECUTED as of the date and year first above written. Witnessed by: Name: �. �IAZI 4 ---- Na Zn �h.a� Zale N ,�4� Name: C A J" C. rj�ALSr-xw� Name: RDR Seashore, L.L.C., a Delaware limited liability company By: ze_ Name: 1Z1 t� ► N.) Title: VILE Pe>✓StDE�'C (Corporate Seal) City of Sunny Isles Beach By: Name: C1�Y}rte �cr 3 vss Title: Vt,1+ �) EK, JOINDER BY ASSOCIATION (Corporate Seal) The undersigned, Director and authorized representative of the 18975 COLLINS' CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit, hereby joins in, and consents to, the terms and provisions of the foregoing Agreement and covenants and agrees that the Association shall undertake and perform all of the obligations described therein. Witnessed by: Name: QW r'! -4- ADMIN 35999657v2 18975 COLLINS CONDOMINIUM ASSOCIATION, INC., a Florida corporation not fglr profit By: Name: Title: (Corporate Seal) Pao cou,yrr 1 C.LRK co ¢ `per U � a 9' Iv Gd' w( tRYi �e coin' OR BK 31836 LASS" PAGE STATE OF FLORIDA, COUNTY OF MIAMI•DADE I HEREBY CERTIFY that this is a true copy of the original jijed (n jhis office on 6AD 20'10Ly ) da of i!/� livr/!� WITNESS my hand and Official Seal. HARVEY RUVIN, Clerk of Circuit and County Courts BY� "­'iz y2j!j D.C. PG 881 a GOUN\ G \ CLEAK YC N J O C � OR BYE 32144 Pss 4677-4680 (4P9s) RECORDED 11.1/:15/2020 09'39.53 HARVEY RUVINt CLERK OF COURT 171IA111-DADE C1)LINTYY FLORIDA CORRECTED AGREEMENT TO MAINTAIN VERTICAL GARDEN WALL This document is being recorded to correct document number CFN2020R0135808, which was recorded on March 4, 2020, in Official Records Book 31836, Page 877, of the Public Records of Miami - Dade County, Florida, to correct Paragraph 3(d) to include the City's address. THIS AGREEMENT TO MAINTAIN is made and entered into as ofthe e1 ay of 6(PPf2 "J)e 2019, by and between RDR Seashore, L.L.C., a Delaware limited liability company ("RDR') and the City of Sunny Isles Beach, a municipal corporation (the "City"). RECITALS: A. RDR is the developer of 18975 Collins Condominium (the "Condominium"), created by Declaration thereof, recorded in Official Records Book 31715, Page 2560, of the Public Records of Miami - Dade County, Florida (as amended and/or supplemented from time to time, the "Declaration") and located within the City. B. In connection with the development approvals for the Condominium, the RDR has installed a vertical garden wall upon the Collins Avenue frontage of the Condominium, which the City agrees satisfies the City's requirements for "Art in Public Places" (the "Vertical Garden Wall"). C. The entity established to govern the Condominium is 18975 COLLINS CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit (the "Association"). D. The parties hereto now desire to enter into this Agreement to establish the on-going maintenance obligations of the Vertical Garden Wall, all in the manner hereinafter described. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. 2. Maintenance of the Vertical Garden Wall. In order to comply with the City's approval requirements for the Condominium, the Association shall at all times maintain the Vertical Garden Wall in a heathy condition and otherwise in accordance with the Project Quality Standards. For purposes of this agreement, Project Quality Standards shall mean healthy and vigorous condition of plants equal to or similar to the elevation diagram attached in Exhibit A. In furtherance of the foregoing, in the event that 10% or more of the plants and other vegetation on the Vertical Garden Wall die or otherwise do not meet the foregoing standards, same shall be replaced by the Association within thirty (30) days. Notwithstanding the foregoing, the Association, in its reasonable discretion, shall have the right to change the type of plants and other vegetation on the Vertical Garden Wall, from time to time, provided that at all times the Vertical Garden Wall meets the Project Quality Standards. From and after the date hereof, the Association assumes all of RDR's obligations with respect to the Vertical Garden Wall and RDR shall forever be released from same. ADMIN 35999657x2 3. Miscellaneous. (a) Counterparts. This Agreement may be executed in any number of counterparts and by the separate parties hereto in separate counterparts, each of which when taken together shall be deemed to be one and the same instrument. (b) Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. (c) Severability. In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed in full force and effect. (d) Notices. All notices hereunder must be given in writing, and must be either hand delivered or sent by electronic email, first class mail, messenger or national overnight delivery service (i.e., FedEx, UPS, etc.) to the appropriate party at the following addresses: If to Association: 18975 Collins Avenue Sunny Isles Beach, Florida Attn: President If to City City of Sunny Isles Beach 18070 Collins Avenue Fourth Floor Sunny Isles Beach, Florida 33160 Attn: City Manager or to such other address as either party shall, from time to time, designate for itself, in writing, to the other party. Any notice hand delivered or sent by electronic email shall be deemed delivered on the day given. Any notice sent by overnight delivery service shall be deemed delivered on the day following the delivery of the notice to the overnight messenger service, and any notice sent by first class mail shall be deemed delivered three (3) days following its deposit with the United States Postal Service in a postage prepaid addressed wrapper. (e) Term. This Agreement and the rights granted herein shall commence on the date hereof and shall be for a perpetual term, unless terminated in the manner provided in Section 4 hereof. (f) Applicable Law. The validity of this Agreement and all of its terms and provisions, as well as rights and duties of the parties hereunder, shall be interpreted and construed in accordance with the laws of the State of Florida. (g) Enforcement. In the event the Association fails to maintain the Vertical Garden Wall as set forth in paragraph 2 above, the City shall have the right to pursue any and all remedies against the Association. -2- ADMIN 35999657v2 4. Amendments. This Agreement may not be amended, modified or terminated except by written agreement of all of the Association and the City. 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties with respect thereto. ***Signatures are contained on the following page*** -3- ADMIN 35999657x2 EXECUTED as of the date and year first above written. Witnessed by: OR BK 32144 PG 4680 LAST PAGE RDR Seashore, L.L.C., a Delaware limited liability company By: Z�—' q-4—� Name: fEE5/2.t C. :F6fZ1)„y Title: ��CE PrieSr�-� (Corporate Seal) City of Sunny Isles Beach By. Name: Ch(i OFA BK 31836 PG 881 :� LAST PAGE 11 ltd i 201 1 ggo M 9 — 0 0 113 E, IW 1E p ' F P- i▪jA q r r �f m $$F m , m © r ; O e 0 .014 Z N Z D 3 W: } ® OR R xG,4 ; S ;.g 3. 9 $eF o — O: n r 7 xt o -< D q O O 'S`O73 r T y rm D a eo ' - y,, 1, I ©, •,. w� }off, ?o .si �:. , 1.9 Or n'' M1rl Y:',, O _ dl- ,,,,,�.,,...,e3 i® FL _1, .........„ . CA zi• n e11 • m x a a w s o STATE OF FLORIDA,COUNTY OF MIAMI-DADE COU N7' a f m I I HEREBY CERTIFY that this is a true copy of the Asv" CLERK )-00p„, 0 = G G o X, original jijed(n this office on QLD day of . ,.,,,:A , if /1/�!i►,l�j� ,AD 20'20 ` ' ,' 0 WITNESS my hand and Official Seal. ( ;',Pi o'_ HARVEY� RUVIN,Clerkrof Circuit and County Courts --9 , :GoowETRUST • o B7 ... '3Zle � %.7Z X7D.C. O40�COUN1-4.*