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HomeMy WebLinkAboutReso 2014-2346RESOLUTION NO. 2014-2M_G A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ACCEPTING THE FINAL PAYMENT OF 575,000.00 FOR NAMING THE GVNINASIUNI LOCATED AT THE PELICAN COMMUNITY PARK THE "RAANAN AND PHYLLIS KATZ SPORTS CENTER" IN PERPETUITY; PROVIDING THE CITY NIANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2009, the City of Sunny Isles Beach; Florida (the "City ") received a philanthropic offer from Raanan Katz to name the gymnasium located at the Pelican Community Park; 18115 North Bay Road. the 'Raanan and Phyllis Katz Sports Center",- and WHEREAS; Raanan Katz and the City subsequently entered into an Agreement for Gymnasium Naming Rights, wherein Raanan Katz agreed to pay the sum of $525.000.00 (Five Hundred Twenty Five Thousand Dollars) to the City for a seven year period, with yearly payments of $75,000.00 (Seventy Five Thousand Dollars); and WHEREAS, Raanan Katz \wishes to make the final, remaining payment of 575,000.00 to the City to name the Gymnasium located at the Pelican Community_ Park the 'Raanan and Phyllis Katz Sports Center' in perpetuity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COi\4MISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Accepting the Final Payment of $75.000.00. The City Commission hereby accepts the final payment of $75.000.00 from Raanan Katz in connection with an Agreement for Gymnasium Naming Rights. to name the Gymnasium located at the Pelican Community Park the 'Raanan and Phyllis Katz Sports Center' in perpetuity. 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 conditions of the naming right. Section 2. Authorization of Citv Manager and Citv Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution. y Section 1. Effective Date. This Resolution shall become effective upon adoption. Page I of 2 PASSED AND ADOPTED this %.O"` day of OJGMbW 2014. ATTEST: Jane A. Hi es. City Clerk, MMC APPROVED AS TO FORM Vote: 3 -`z Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl S. Edelcup; Mayor Moved by: 0-V D►J Seconded by: �MtfYn��S�rnw)rr- 2 lv I ✓ (Yes) (No) 17 (Yes) (No) (Yes) —IZ (No) (Yes) (No) (Yes) _4Z(No) Page 2 of 2 RK CENTERS November 17, 2014 Mayor Norman Edelcup City Commissioners City of Sunny Isles Beach 18070 Collins Avenue, 4th Floor Sunny Isles Beach, FL 33160 P.O. Box 111 • Dedham, Massachusetts 02027 -0111 Telephone: 781 - 320 -0001 • Facsimile: 781 - 320 -3610 17100 Collins Avenue • Miami Beach, Florida 33160 Telephone: 305 - 949 -0110 • Facsimile: 305- 948 -3410 Website: www.rkcenters.com Email: RKatzorkcenters.com RE: GYMNASIUM NAMING RIGHTS PHYLLIS AND RAANAN KATZ SPORTS CENTER Dear Norman and City of Sunny Isles Beach Commissioners, Email: nedelcuDna sibfl.net Enclosed is a check in the amount of $75,000 made payable to the City of Sunny Isles Beach as a seventh and final payment for the naming rights for the above location. With the enclosed check I have fulfilled my obligation from over six years ago, and the City of Sunny Isles Beach was paid a total of $525,000 (per the agreement). With this final payment, Phyllis and I will know that we have fulfilled our obligation to our community, and the sports center will be permanently named in perpetuity `Phyllis and Raanan Katz Sports Center" like any other naming right in the City of Sunny Isles Beach. I understand that the Commission will make a decision at the meeting on Thursday, November 20, 2014. I enjoyed .working with you for the past many years, and I am looking forward to the continued good business relationship for a long time. Regards, Raanan Katz 4 cc: Hans Ottinot, Esq. Chris Russo Daniel Katz 1. 'R)( ronlorc Vmjth CITY OF SI City of Sunnv Isles Beach DATE;J.:?,:INVOICE NO .?- ,_- }`�??1,.,'.,•DESCRIP,TION �.. ,. = `t }i.,: j - '-.;- :`•A000UNT 11;2,`J,t''INVOICE AMOUNT?- ,;. +` #' 9 -30 -14 14 -10034 Final pmt. Naming Ri RK 75000.00 F,��t. Pau+�ur4• of N'r''H'"9 r'gwts 41(MN4SN�Ard 4- o'rwt- 409,0000 fl .{rD dRYC 11 -18 -19 102254 1 TOTAL> 75000.00 DATE' NUMBER RK Centers South PLEASE DETACH AND RETAIN FOR YOUR RECORDS CITY OF SI City of Sunnv Isles Beach "DATEQ- '�-.Fy INVOICE'NQj 1y� n.A.•,DESCRIP,TION _q;._ `_h- "�i}�-TT S. <Y,T�VACCOUNT�. }'r � 3 _'•-INVOICE 'AMOUNT ,. N. -a 9 -30 -14 14 -10034 Final pmt. Naming Ri RK 75000.00 F;�xL p4yrtcwt bF Nttrtli7� rights i-0 (�ymnas�Um T°fi�— �sas,000 -oe pQ;d F-od�re 11 -18 -19 102254 TOTAL> 75000.00 DATE' NUMBER PLEASE DETACH AND RETAIN FOR YOUR RECORDS 0--• QPIRACLE 800- 621 -5720 x357.[->.1 4 THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAP RK Centers South SANTANDER BANK 17100 Collins Ave., Ste. 225 Sunny Isles Beach, FL 33160 DATE CHECK NO. November 18, 2014 102254 Pay: --**" '*****'*****************Seventy-five thousand dollars and no cents PAY City of Sunny Isles Beach TO THE 18070 Collins Avenue ORDER OF Sunny Isles, FL 33160 11.00Oi022S411' 1:0L LO? SISO':30SO497SL90116 5-7515-110 AMOUNT '375,000.00 154,8 Cite of Sunny Isles Beach �SVNNY r �`'�'_'� F 18070 Collins Avenue. Suite 250 ,° Sunnv Isles Beach. Florida 33160 ', `•�:_�,yl, (305) 947 -0606 City Hall (305) 949-3113 Fax iyf ,99� yt� (305) 947 -2150 Building Department p0. c/r �o of suN � � (305) 947 -5107 Fax MEMORANDUM TO: The Honorable City Commission FROM: Mayor Norman S. Edelcup DATE: November 20, 2014 Ciry Commission Norman S. Edelcup. Mayor Isaac Aelion. Vice Sla)or Jeanette Gatto. Commissioner Jennifer Levin. Commissioner Geo"e -Bud- Scholl. Commissioner Christopher J. Russo Chy Manager Hans Ottinot. City Anornee Jane A. Hines. NdIC. On, Clerk RE: Resolution accepting the final payment of $75,000.00 for naming the gymnasium located at the Pelican Community Park the "Raanan and Phyllis Katz Sports Center" in perpetuity RECOMMENDATION It is recommended that the City Commission accept the final payment of 575.000.00 for naming the gymnasium located at the Pelican Community Park the "Raanan and Phyllis Katz Sports Center' in perpetuity. REASONS In 2009. the City of Sunny Isles Beach. Florida (the "City ') received a philanthropic offer from Raanan Katz to name the gymnasium located at the Pelican Community Park, 18115 North Bay Road. the 'Raanan and Phyllis Katz Sports Center`. Raanan Katz and the City subsequently entered into an Agreement for Gymnasium Naming Rights, wherein Raanan Katz agreed to pay the sum of $525,000.00 (Five Hundred Twenty Five Thousand Dollars) to the City for a seven year period, with yearly payments of $75.000.00 (Seventy Five Thousand Dollars). Raanan Katz wishes to make the final, remaining payment of $75;000.00 to the City to name the Gymnasium located at the Pelican Community Park the "Raanan and Phyllis Katz Sports Center' in perpetuity. To finalize the Agreement. the City Attorney will file a restrictive covenant with Miami -Dade County to reflect the approval of this Resolution and conditions of the naming rights. pr�D -at1: l 0 Agenda Item Date 1 11 MI 1 1111 1111 111 11 11111 11111 11111 1111111 F-7. VF -,,b n 4 R®__@ S.. 5 9_¢ .fFZ I,Fi 2`"!f4 F'`•ii.'. ?.{ RECORDED 1/2 ' 6 2l 09::27 This Instrument Prepared by HARVEY RUVIN CLEO.. OF COURT and Return to: rT �r.T BADE COUNTY COUNTY FLORIDA Hans Ottinot, City Attorney do 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 the day of November, 2014, by R.K. 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 Pelican Community Park and Community Center located at 18115 North Bay Road (the "Property") in Sunny Isles Beach, Florida. RECITALS WHEREAS, in 2009 the City received a philanthropic offer from Raanan Katz, company founder and principal owner of Donor,to name the gymnasium located at the Property the"Raanan and Phyllis Katz Sports Center"; and WHEREAS, Donor and the City subsequently entered into an Agreement for Gymnasium Naming Rights, wherein Donor agreed to pay the sum of$525,000.00(Five Hundred Twenty Five Thousand Dollars) to the City over a seven year period, with yearly payments of $75,000.00 (Seventy Five Thousand Dollars); and WHEREAS, the Property is legally described in the attached Exhibit "A"; and WHEREAS, on November 20, 2014,the City Commission via Resolution No. 2014-2346, accepted the final payment of$75,000.00 from Donor for naming the Gymnasium located at the Property the "Raanan and Phyllis Katz Sports Center" in perpetuity; and WHEREAS, in order to reflect the approval of Resolution No. 2014-2346 and conditions of the naming right, the City agreed to file a Restrictive Covenant. 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. Recitals. The foregoing recitals are true and correct and incorporated into this Restrictive Covenant by reference. 2. Restrictive Covenant. The City hereby agrees to name the Gymnasium located at the Property the "Raanan and Phyllis Katz Sports Center" in perpetuity as consideration for Donor's payment of $525,000.00 (Five Hundred Twenty Five Thousand Dollars) to the City. This 1 Restrictive Covenant shall run with the Property and shall be binding on the successors, assigns and heirs of Donor and City. 3. City's representations. The City agrees that Donor has fulfilled their financial obligations to pay $525,000.00 (Five Hundred Twenty Five Thousand Dollars) to the City for naming the Gymnasium located at the Property the "Raanan and Phyllis Katz Sports Center". In exchange for these payments, including receipt of the final payment of$75,000.00 (Seventy Five Thousand Dollars), the City hereby agrees to name the Gymnasium located at the Property the "Raanan and Phyllis Katz Sports Center" in perpetuity. City shall be responsible for caring, maintaining,preserving and handling the"Raanan and Phyllis Katz Sports Center"signage located at the Property. 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 signage will be made. City may make whatever repairs, restoration or other arrangements it deems necessary to maintain the signage. 4. Modification,Release,and Enforcement. Only the City and Donor will 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. 5. 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. 6. Validity. This Restrictive Covenant shall become valid and effective, and shall be recorded in the Public Records of Miami-Dade County, Florida,. 7. Governing Law. This Restrictive Covenant shall be governed by and construed in accordance with the laws of the State of Florida. 8. 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. 2 ATTEST: CITY OF SUNNY ISLES BEACH,FLORIDA, a Municipal Corporation of the State of Florida AB Y: 52 JANE HINES, MMC, CITY CLERK N I ' AN S. EDELCUP, MAY APPROVED • TO FORM AND LEGAL SUFF ENCY: MIME H• .4"F.0 I T, ITY ATTORNEY 3 OR BV 29406 PG 1318 LAST T P GE EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Folio No. 31-2211-019-0010 Location: 18115 North Bay Road Sunny Isles Beach, FL 33160 Tract A, PERU TOWERS, according to the Plat thereof, as Recorded in Plat Book 99 at Page 66 of the Public Records of Miami-Dade County, Florida.