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