HomeMy WebLinkAboutReso 2014-2345RESOLUTION NO. 2014
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ACCEPTING A DONATION OF A
BRONZE STATUE OF JOSE MILTON TO BE LOCATED ADJACENT TO
THE BUTTERFLY GARDEN AT GATEWAY PARK; PROVIDING THE
CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY
TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS. Jose Milton, the son of Lebanese immigrants who left Cuba at the age of 20, came to
South Florida in 1963 and created. from strength and dedication, the flagship Miami real estate firm. "Jose
Milton & Associates" specializing in the construction of large housing complexes that developed and built
more than 50.000 units. developing projects valued at billions of dollars, which included Sands Point,
Pinnacle; King David. Sayan. Intracoastal Yacht Club. and St. Tropez in Sunny Isles Beach; and
WHEREAS. Jose Milton was an extremely dedicated family and business man who maintained the
company as a family business with his sons. Joseph. Cecil and Frank Milton running the day -to -day
operations. He believed that success was not an option but a requirement, and he also believed that hard
work and dedication resulted in achievements that were not eiven. but earned: and
WHEREAS. Jose Milton was deeply involved in the City of Sunny Isles Beach Community and
very supportive of community events and worthy causes over the years; and
WHEREAS. the City Commission Nyishes to accept the donation of a bronze statue of Jose Milton
from J. Milton and Associates to be located at Gateway Park.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COi\ MISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Accepting the Donation of a Bronze Statue. The City Commission hereby accepts the
donation of a bronze statue of Jose Milton to be located adjacent to the Butterfly Garden at Gateway Park,
provided that J. Milton and Associates is responsible for all costs and expenses associated with the
installation of bronze statue. The City Commission hereby authorizes the City Attorney to file a restrictive
covenant with Miami -Dade County to reflect the approval of this Resolution and the placement of the
bronze statute adjacent to the Butterfly Garden at Gateway Park.
Section 2. Authorization of City Manager and City Attomev. The City Manager and City Attorney are
hereby authorized to do all things necessary to effectuate the terms of this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 210A day of N boc 2014.
S. Edelcup, Mayor
Page 1 of 2
ATTEST, 1— : • ,
•Jane'A. Hi es: City C erk. MMC
APPROVED -AS;TO FORM
AND L�GrAV S[IFFICIENCY:
Citv Attomev
Vote: 5 --0
Mayor Edelcup
Vice Mayor Aelion
Commissioner Gatto
Commissioner Levin
Commissioner Scholl
Movedbv: l./�yyOMmtC ioiJ`rt2 0
Seconded by: l hrr\mkSS jrrt #j4d/2 QC60
Pase 2 of 2
(Yes)
(No)
Yes)
_ (No)
(Yes)
(No)
(Yes)
(No)
(Yes) (No)
I IIIIII III1111111 I11111111I II11111111111111H1
CFN 2014R0815492
OR Bk X9406 Pgs 1819 - 1822; (4p?s)
RECORDED 11/26/2014 09:27:06
HARVEY R►JV+IN► CLERK OF COURT
This Instrument Prepared by IIAHI-DARE COUNTY, FLORIDA
and Return to:
Hans Ottinot, City Attorney
c/o City Clerk's Office
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
RESTRICTIVE COVENANT
THIS RESTRICTIVE COVENANT is made and entered into as of the55 day of November,
2014, by J. MILTON & ASSOCIATES, INC., its successors, assigns, heirs, ("Donor"), and the
CITY OF SUNNY ISLES BEACH, Florida, a municipal corporation ("City" or "Owner"), the
• owner of the Gateway Park and Parking Garage located at 151-287 Sunny Isles Boulevard (the
"Property" or"Gateway Park") in Sunny Isles Beach, Florida.
RECITALS
WHEREAS, Jose Milton, founder and patriarch of J. Milton & Associates, Inc., was
deeply involved in the City of Sunny Isles Beach Community and very supportive of community
events and worthy causes over the years; and
WHEREAS, Jose Milton played a vital role in transforming the development of Sunny
Isles Beach; and
WHEREAS, the Property is legally described in the attached Exhibit "A"; and
WHEREAS, Jose Milton passed away on July 3, 2013; and
WHEREAS, Donor wished to donate a bronze statue of Jose Milton in his honor to be
located adjacent to the Butterfly Garden at Gateway Park; and
WHEREAS, the City Commission formally accepted the donation of the bronze statue of
Jose Milton by Donor, to be located adjacent to the Butterfly Garden at Gateway Park, at the City
Commission held on November 20, 2014, via Resolution No. 2014-2345; and
WHEREAS,the City's acceptance of the bronze statue of Jose Milton was conditioned on
a) Donor accepting responsibility for all costs and expenses associated with installation of the
bronze statue and b) the City filing a restrictive covenant with Miami-Dade County reflecting
approval of Resolution No. 2014-2345 and the placement of the bronze statue adjacent to the
Butterfly Garden at Gateway Park.
NOW, THEREFORE, in consideration of the foregoing premises, and in exchange for
' the transfer of development rights as described above, the Owner hereby agrees as follows:
1
1. Recitals. The foregoing recitals are true and correct and incorporated into this
Restrictive Covenant by reference.
2. Restrictive Covenant. The City agrees to accept the donation of a bronze statue of
Jose Milton to be located adjacent to the Butterfly Garden at Gateway Park. This Restrictive
Covenant shall run with the Property and shall be binding on the successors, assigns and heirs of
Donor and City. The City has absolute discretion to determine the exact location to place the
statue.
3. Donor's representations. Donor represents that the bronze statue is an original and
does not infringe upon any copyright owned by any third party. Donor further represents that the
bronze statue is free of liens, claims or other encumbrances owned by any third parties. Donor
represents and warrants that title to the bronze statue shall vest exclusively with the City upon
delivery by Donor to the City. Donor waives any and all rights they may possess in the bronze
statue under applicable law. Donor is responsible for all costs and expenses associated with the
installation of the bronze statue at the Property.
4. City's representations. City shall be responsible for caring, maintaining, preserving
and handling the bronze statue following its installation at the Property by Donor. City shall have
sole discretion to determine when and if maintenance is required and to the extent of such
maintenance. City shall have the exclusive right to determine when and if repairs to the bronze
statute will be made. City may make whatever repairs, restoration or other arrangements it deems
necessary to maintain the bronze statue.
5. Modification, Release and Enforcement. Only the City and Donor have the right to
enforce this Restrictive Covenant. No other party will be deemed a third-party beneficiary for any
purpose. This Restrictive Covenant may only be modified, amended or released by a document
executed by the City and Donor, including their successors, assigns and heirs at a public hearing.
Enforcement shall be by action against the parties or persons violating or attempting to violate this
covenant.
6. Reservation. The City reserves all rights of ownership in and to the Property in which
the bronze statue will be located.
7. Entire Agreement. This Restrictive Covenant sets forth the entire understanding and
agreement between the City and Donor with respect to its subject matter. No other agreements or
obligations will be created or implied by virtue of this Restrictive Covenant. This instrument does
not grant Donor any use, possessory, easement or other rights with respect to the Property.
8. Validity. This Restrictive Covenant shall become valid and effective, and shall be
recorded in the Public Records of Miami-Dade County, Florida.
9. Governing Law. This Restrictive Covenant shall be governed by and construed in
accordance with the laws of the State of Florida.
2
•
10. Attorney's Fees. If any legal or equitable action or other proceeding is brought for the
enforcement of the Restrictive Covenant, the successful and prevailing party shall be entitled to
recover reasonable attorney's fees, court costs, and all expenses incurred in that action or
proceeding in addition to any other relief to which such party may be entitled.
IN WITNESS WHEREOF, the City has executed this Restrictive Covenant on the day
and year first above written.
ATTEST: CITY OF SUNNY ISLES BEACH, FLORIDA, a
- Municipal Corporation of the State of Florida
I
By: /
JANE HIN MMC, CITY CLERK N RMAN S. EDELCUP,MAYOR
APPROVED AS TO FORM AND
LEG• : f FICIENCY:
Ar Ally
4Mr
sir OTT NOT, CITY ATTORNEY
3
• OR B k 29406 PG 1322
•
•
LAST PAGE
EXHIBIT "A"
LANDLORD'S PROPERTY
Parcel 1
Folio No. 31-2214-007-0030
Lot 2, 3, 4, less the Right of Way of SECOND REVISED PLAT OF BELLA VISTA
SUBDIVISION, according to the plat thereof, as recorded in Plat Book 50, Page 76, of
the Public Records of Miami-Dade County, Florida, situated at 151 Sunny Isles
Boulevard, Sunny Isles Beach, Miami-Dade County, Florida 33160.
Parcel 2
Folio No. 31-2214-007-0040
Lots 5, 6, and 6-A less the Right of Way of the Second REVISED PLAT OF BELLA
VISTA SUBDIVISION, according to the Plat thereof, recorded in Plat Book 50, at Page
76 of the Public Records of Miami-Dade County, Florida, situated at 215 Sunny Isles
Boulevard, Sunny Isles Beach, Miami-Dade County, Florida 33160.
Parcel 3
Folio No. 31-2214-007-0050
Lot 7 less the Right of way of SECOND REVISED PLAT OF BELLA VISTA
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 50, at Page 76, of
the Public Records of Miami-Dade County, Florida.
Parcel 4
Folio No. 31-2214-007-0060
Lot 8 of the SECOND REVISED PLAT OF BELLA VISTA, according to the Plat
thereof, as recorded in Plat Book 50, at Page 76, of the Public Records of Miami-Dade
County, Florida, situated at 287 Sunny Isles Boulevard, Sunny Isles Beach, Miami-Dade
County, Florida 33160.
r OF SUN
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue. Suite 250
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305)949 -3113 Fax
(305) 947 -2150 Building Department
(305)947 -5107 Fax
MEMORANDUM
The Honorable City Commission
Mayor Norman S. Edelcup
November 20, 2014
City Commission
Norman S. Edelcup „t /odor
Isaac Action. Eice,tlm-or
Jeanette Gann, Commissioner
Jennifer Levin, Commissioner
Georoe -Bud” Scholl. Commissioner
Christopher J. Russo Cin•blanager
Hans Ottinot. Ciry Attorney
Jane A. I lines. JI NIC. Cnr Clerk-
Accepting a Donation of a Bronze Statue of Jose Milton to be located adjacent to the
Butterfly Garden at Gateway Park
REC0iN4MENDATION
This Resolution is presented for your consideration.
REASONS
J. Milton and Associates wishes to donate to the City and install at its own expense a bronze
statue of Jose Milton to be located at Gateway Park.
Josh Milton, the son of Lebanese immigrants who left Cuba at the age of 20, came to South Florida
in 1963 and created, from strength and dedication, the flagship Miami real estate firm, "Jose
Milton K Associates" specializing in the construction of large housing complexes that developed
and built more than 50,000 units, developing projects valued at billions of dollars. which included
Sands Point, Pinnacle, King David, Sayan, Intracoastal Yacht Club, and St. Tropez in Sunny Isles
Beach.
Jose Milton was an extremely dedicated family and business man who maintained the company as
a family business with his sons, Joseph, Cecil and Frank Milton running the day -to -day operations.
He believed that success was not an option but a requirement. He also believed that hard work and
dedication resulted in achievements that were not given. but earned.
Josh Milton was deeply involved in the City of Sunny Isles Beach Community and very supportive
of community events and worthy causes over the years. The City Commission wishes to accept the
donation of a bronze statue of Jose Milton to be located at Gateway Park and authorizing the City
Attorney to file a restrictive covenant with Miami -Dade County to reflect the approval of this
Resolution and the placement of the statute.
A 2alteb,� : [ 0 1
Date 11- 2,o -14