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HomeMy WebLinkAboutReso 2024-3607RESOLUTION NO. 2024 -° A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SETTLEMENT AGREEMENT WITH PMG-S2 SUNNY ISLES, LLC, ACCEPTING A MONETARY DONATION IN THE AMOUNT OF TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($250,000.00) TO THE PUBLIC ART FUND; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, PMG-S2 Sunny Isles, LLC is the developer (the "Developer") of the project located at 17141 Collins Avenue ("Muse"), approved by the City Commission of the City of Sunny Isles Beach (the "City") via Resolution 12-Z-132 and subsequently modified by Resolution 14-Z-140 (collectively "Resolutions"); and WHEREAS, under these Resolutions, the Developer is required to comply with Chapter 104 of the City's Code of Ordinances, titled Art in Public Places, and submitted an application for review of the City's Public Arts Advisory Committee (the "PAAC"); and WHEREAS, on June 20, 2019, via Resolution No. 2019-2945, the City Commission adopted the recommendation made by the PAAC and approved an Art Donation Agreement for a sculpture (the "Artwork") to be delivered and installed at the Town Center Park Meditation Garden (the Park"); and WHEREAS, Muse is now fully constructed and occupied and meets all criteria for issuance of the Final Certificate of Occupancy, except for the delivery of the Artwork; and WHEREAS, due to the passage of time, the City's Park is not yet ready to receive the Artwork, and the previously approved Artwork is no longer available; and WHEREAS, the City and the Developer desire to amicably resolve this issue through a Settlement Agreement, attached here to as Exhibit "A", wherein Muse will contribute and donate a sum of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) to the City's Public Art Fund in lieu of delivering the originally agreed-upon Artwork; and WHEREAS, the City agrees to issue the Final Certificate of Occupancy to Muse within seven (7) days of receipt of the aforementioned payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Settlement Agreement. The City Commission hereby approves a Settlement Agreement with PMG-S2 Sunny Isles, LLC, for a donation in the amount of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) to the City's Public Art Fund in lieu of delivery and installation of an art sculpture, attached hereto as Exhibit "A". @BCL@E40A465B.doc Page 1 of 2 231 Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 18th day of Januafi,�,72024. ATTEST: q Mauricio Betancur,ICMC, City Clerk Larisa Svechin, MaN\or APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney L Moved by: Seconded by:��;%�%��C2 Vote: / Mayor Svechin ✓ (Yes) (No) Vice -Mayor Lama (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@E40A465B.doc Page 2 of 2 232 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT (the "Agreement") is made and entered into this !�Aday of January 2024 (the "Effective Date") by and between PMG-S2 SUNNY ISLES, LLC ("Developer") and the CITY OF SUNNY ISLES BEACH, FLORIDA, a Florida municipal corporation (the "City"). RECITALS WHEREAS, the undersigned Developer is the developer of the property legally described on the attached Exhibit A and located at 17141 Collins Avenue, Miami -Dade County, Florida (the "Property" or "Muse Project"); and 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 ("Project Resolutions"); and WHEREAS, the Project Resolutions and Chapter 104 of the City Code require that Developer satisfy Art in Public Places (the "Art Requirements"); and WHEREAS, Developer complied with the review process of the Public Arts Advisory Committee, and by and through Resolution No. 2019-2945 (the "Art Resolution") obtained approval by the City of Sunny Isles Beach City Commission for a public art donation (the "Artwork") to be located within the City's Art Park as more particularly described in Public Art Donation Agreement (the "Donation Agreement") attached hereto as Exhibit "A"; and WHEREAS, the Donation Agreement called for the parties to mutually agree as to a delivery date for the Artwork; and WHEREAS, the Muse Project is fully constructed and occupied and meets all criteria for issuance of Final Certificate of Occupancy; and WHEREAS, the Artwork approval and a delivery is a condition to issuance of the Final Certificate of Occupancy, however, the City's Art Park is not yet ready to receive delivery of the Artwork donation; and WHEREAS, due to the passage of time, the Artwork commissioned and approved is no longer available; WHEREAS, since the Muse Project is and has been ready for the issuance of a Final Certificate of Occupancy, and in an effort to save future expenses and time, and avoid any potential claims, the City and Developer desire to fully and finally resolve this issue upon the terms and conditions hereinafter set forth, and in accordance with 104-4(C) of the City's Code of Ordinances; Settlement Agreement - PMG-S2 SUNNY ISLES, LLC Page I of 6 NOW THEREFORE, in consideration of the mutual covenants and promises by and between City and Developer (collectively the "Settling Parties"), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Settling Parties hereby represent, warrant, and agree as follows: AGREEMENT The Settling Parties hereby acknowledge that the Recitals set forth above are true and correct and are hereby incorporated into this Agreement. 1. Within sixty (60) days from the Effective Date, Developer will contribute and donate the negotiated amount of Two -Hundred and Fifty Thousand Dollars and No Cents ($250,000.00) to the Public Art Fund (the "Donation"), in lieu of the approved Artwork, in accordance with Section 104-4(C) of the City's Code of Ordinances, and in full compliance of Developer's obligations under the City's Works of Art in Public Places Program. 2. Within seven (7) days from receipt of the Donation, the City shall issue a Final Certificate of Occupancy for the Muse Project, approved under Resolution No. 12-Z-132 and No. 14-Z-140 adopted by the City on November 15, 2012 and July 17, 2014, and located at 17141 Collins Avenue, Miami -Dade County, Florida. Developer and City agree that, upon issuance of the aforementioned Final Certificate of Occupancy, the Donation Agreement shall be terminated and neither Developer nor City shall thereafter have any rights nor obligations thereunder. 3. Time is of the essence. Failure to make timely payment as set forth in this Agreement shall constitute a material breach of this Agreement. Failure to timely issue the Final Certificate of Occupancy as set forth in this Agreement shall constitute a material breach of this Agreement. In the event City or Developer must take any action to enforce any term or provision of this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney's fees incurred in enforcing any term or provision of this Agreement against the breaching party. 4. Mutual Release. City and Developer, for themselves, their officials, officers, employees, and agents, hereby remise, release, acquit, waive, satisfy, and forever discharge one another and one another's respective officials, officers, employees, and agents, of and from all, and all manner of action and actions, cause and causes of action, suits, debts, sums of money, accounts, reckonings, bonds, bills, damages, judgments, executions, claims, and demands whatsoever, which either has or may have against the other, whether arising in tort, by contract, by virtue of statute, or otherwise, and whether in law or in equity, regardless of whether the same are known or unknown, in connection with or arising from the subject matter set forth in this Agreement, including but not limited to, the City's Works of Art in Public Places Program and the Donation Agreement. 5. Each party warrants and represents to each of the other Settling Parties that it has full power and authority to enter into this Agreement and to perform in accordance with its provisions. 6. By entering into this Agreement, no party is admitting any liability, and this Agreement should not be construed as an admission of liability by any party. The Settling Parties understand, acknowledge, and agree that the settlement reached, the making of this Agreement, and Settlement Agreement - PMG-S2 SUNNY ISLES, LLC Page 2 of 6 anything contained in this Agreement constitute a compromise of potential claims involving legal and factual questions and issues and is not to be construed as an admission by any Settling Party of liability under or noncompliance with any federal, state, or local statute, ordinance, regulation, public policy, tort law, contract law, common law, or any other wrongdoing whatsoever. The Settling Parties acknowledge that no representation of fact or opinion has been made by any party or anyone on their behalf to induce this compromise. This Agreement constitutes the complete and entire agreement between the Settling Parties and supersedes all previous negotiations, proposals, and understandings between the Settling Parties and their counsel. The foregoing terms represent the only consideration for entering into this Agreement; no other promises or agreements of any kind have been made to cause the Settling Parties to execute this Agreement. If the facts upon which the Settling Parties have executed this Agreement are later found to be different from those facts now believed to be true, the Settling Parties expressly accept and assume the risk of such possibility and acknowledge that this Agreement shall be and remain effective notwithstanding any such factual differences. 8. It is further understood that if any provision of this Agreement is held to be illegal, invalid, or unenforceable under the present or future laws, such provision shall be fully severable and shall not affect the validity of the remaining terms of this Agreement, except as otherwise specifically indicated elsewhere in this Agreement. 9. This Agreement is entered into and shall be construed in accordance with the laws of the State of Florida. [SIGNATURE PAGE TO FOLLOW] Settlement Agreement - PMG-S2 SUNNY ISLES, LLC Page 3 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNES PM, 4pm By: Name: Aviti"n&7ft/ Nan Name: /V G,K NIcM4n N 5 STATE OF FLORIDA: COUNTY OF MIAMI-DADE: Title: VL.' The foregoing instrument was acknowledged before eve by means A physical presence or ❑ online notarization, this 72— day of JAo • �, by �'R &�, as . WP -�q� of PMG-S2 Sunny Isles, LLC. �MI�-52 9Lu4V11 l'im 1 Lq_' (SEAL) Notary Public State of Florida Samantha Gonzalez My Commission 34191 1112 II EXp 2/2812026 Personally Known _�4_ or Produced Identification Type of Identification Produced: Notary Public, State of Florida (Signature of Notary Public) Salm om+ha Gor►zr ez (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] Settlement Agreement - PMG-S2 SUNNY ISLES, LLC Page 4 of 6 AT] :• City Clerk IT OF SUNNY ISLES BEACH BY: La isa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: BY: 4"kP� Department Head Main E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Settlement Agreement - PMG-S2 SUNNY ISLES, LLC Page 5 of 6 237 EXHIBIT "A" DONATION AGREEMENT Settlement Agreement - PMG-S2 SUNNY ISLES, LLC Page 6 of 6 238 RESOLUTION NO. 2019 - 245 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 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 adoption. 82019 Approv Muse Pmg-S2 Art Donation Page 1 of 2 239 PASSED and ADOPTED this 201h day of June 9. GeorgVH. Scholl, Mayor r ATT S '". 1`k 1.� ,. `1 t N�. 4 Mlu 'cio Bet'-ncur, CMC, City Clerk 'VV— APPROVED AS TO FORM AND LEGAL SUFFICIENCY: I ba �C.Wh, Edward A. Dion, City Attorney Moved by: �Iu m4log- sve%41 nJ Seconded by: 0*M%4'1QWa am-DPAOA Vote: Mayor Scholl `% (Yes)(No) —� Vice Mayor Svechin (Yes) (No) Commissioner Goldman —(Yes) (No) Commissioner Lama(Yes) — (No) Commissioner Viscarra + (Yes) (No) 82019 Approv Muse 11mg-S2 Art Donation page 2 of 2 240 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") for "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: I. 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 241 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 242 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. it. 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 Sunny Isles Beach, Florida 33160 Sunny Isles 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 243 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 tinder 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 finless 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 136nation Agreement 244 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNES ature Lowell Plotkin Print Name ATTES BY: Mauricio tan ur, MC' Ci Clerk APPROVED AS TO YORM AND LEGAL SUFFICIENCY BY: tliUl/�/�l/�(/t • �'�1 j'l Ed Dion, Interim City Attorney Public Art Donation Agreement PMGS2 SL BY: i Name: Ryan Title: Author Representative CITY OF SUNNY ISLES BEACH BY: Christopher R_ so, City anager 245 OFS�yH`7Y F3t��� City of Sunny Isies Beach 18070 Collins.Avenue y_ Sunny Isles Beach, Florida 33160 .r R °9> ¢.° y�� ' (305) 947-0606 City Hall fLa car* os svN Faa (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Claudia C. Hasbun, Planning and Zoning Director DATE: - 6/20/2019 I RE: Muse - Art in Public Places artwork donation RECOMMENDATION: This Resolution is presented for your consideration. i REASONS: The Muse project (Applicant) located at 17141 Collins Ave was approved under Zoning Resolution No. 12-Z-132 and 'No. 14-Z-140 j 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 Yong- 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 53 247 Tip 9}r Fi.43Pt y4. City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Amy Canales, Planning and Zoning Director DATE: January 18, 2024 RE: Muse Art in Public Places Settlement Agreement RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The Muse development project ("Project"), located at 17141 Collins Avenue, was approved viz Resolution 12-Z-132 and modified by Resolution 14-Z-140. Under these resolutions, the Project is required to comply with Chapter 104 of the City Code, Art in Public Places. The Project complied witl the review process of the Public Arts Advisory Committee and through Resolution 2019-2945, obtained approval by the City Commission for a public art donation (the "Artwork") to be deliverec and installed in the City's Art Park located at 17200 Collins Avenue. The delivery date of the Artworl was to be mutually agreed upon by the City and the Project. Today, the Project is fully constructed and occupied and meets all criteria for issuance of Final Certificate of Occupancy, except for delivery of the Artwork donation. The City's Art Part is not ye - ready to receive delivery of the donation and due to the passage of time, the previously approved Artwork is no longer available. In effort to save future expenses and time, the City and Project desirE to fully resolve this issue through a Settlement Agreement, which conditions the Project to contribute and donate $250,000 to the Public Art Fund in lieu of delivering the Artwork. Within 7 days of receipt of the payment, the City shall issue the Final Certificate of Occupancy. ATTACHMENTS: Resolution Item Number: 10.1 229 Settlement Agreement Exhibit A - 2019 Donation Agreement Item Number: 10.1 230