HomeMy WebLinkAboutReso 2015-2382RESOLUTION NO. 2015- 38Z
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE
RESTRICTIVE COVENANT BETWEEN THE CITY OF SUNNY
ISLES BEACH AND THE FLORIDA DIVISION OF CULTURAL
AFFAIRS DECLARING GATEWAY PARK AS AN OPEN SPACE,
PARK AND CULTURAL FACILITY, IN SUBSTANTIALLY THE
SAME FORM ATTACHED HERETO AS EXHIBIT "A ";
AUTHORIZING THE MAYOR TO EXECUTE SAID
RESTRICTIVE COVENANT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach has been awarded a Cultural Facilities Grant
from the Florida Division of Cultural Affairs in the amount of Five Hundred Thousand Dollars
($500,000.00) for the development of the Performance Stage Area at Gateway Park; and
WHEREAS, part of the requirement to receive funding is a Restrictive Covenant declaring
Gateway Park as an Open Space, Park and Cultural Facility; and
WHEREAS, the City is the fee simple owner of the Gateway Park and Parking Garage
located at 151 -287 Sunny Isles Boulevard in Sunny Isles Beach, Florida; and
WHEREAS, the property was acquired by the City in furtherance of its goal to provide open
space, park and cultural facilities on the west side of Collins Avenue and south of 172nd Street, and
occupies approximately four (4) acres on Sunny Isles Boulevard to be used for multi - purpose
recreational park and cultural facilities; and
WHEREAS, on December 18, 2014 via Resolution No. 2014 -2355 the City Commission
approved the Grant Agreement with the Florida Division of Cultural Affairs authorizing the City
Manager to take the necessary steps to receive program funds, and the Restrictive Covenant; and
WHEREAS, the City Commission now wishes to approve a revised Restrictive Covenant
between the City and the Florida Division of Cultural Affairs declaring Gateway Park as an Open
Space, Park and Cultural Facility, in substantially the same form attached hereto as Exhibit "A ".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Restrictive Covenant. The City Commission hereby approves the revised
Restrictive Covenant declaring Gateway Park as an Open Space, Park and Cultural Facility, attached
hereto as Exhibit "A ".
R2015- Restrictive Covenant Cultural Facilities Grant Gateway Park Stage Page 1 of 2
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Restrictive
Covenant.
Section 3. Authorization of Cily Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 19th day of February
ATTEST:
Jane A. H QS,-MMC, City Clerk
t,
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Ottinot, City Attorney
Vote:
George V. Scholl, Mayor
Moved by:
c D
Seconded by: F 2 IMW �� °�" ro
Mayor Scholl
(Yes)
(No)
Vice Mayor Gatto
V(Yes)
(No)
Commissioner Aelion
(Yes)
(No)
Commissioner Goldman
MYes)
(No)
Commissioner Levin
V(Yes)
(No)
R2015- Restrictive Covenant Cultural Facilities Grant Gateway Park Stage Page 2 of 2
111111111111111111111111111113111111111111111
CFN 20158024-1289
OR 8k 29578 P9S 2737 - 2743► (lass)
RECORDED 04/15/2015 11:27:18
RESTRICTIVE COVENANT • HARVEY : CLERK OF COURT'
MIAMI-DADE ADE COUNTY, FLORIDA
(City as Grantee owns land and will own building.)
THIS RESTRICTIVE COVENANT is hereby entered into this /-I
day of gAoguipeti , 20 15 , by City of Sunny Isles
Beach, Florida, he einafter referred to as "the Land Owner";
and as "the Grantee;" and the State of Florida, Department of
State, Division of Cultural Affairs, hereinafter referred to as the
"Division".
WHEREAS, the Land Owner and Grantee is the fee simple
title holder of the land located 151 Sunny Isles Boulevard, Sunny Isles Beach, Florida
33160. A legal description of the subject property is attached as Exhibit A and is made a
part of this covenant.
WHEREAS, the .Grantee owns the land and will own the building(s) used or to be used
as a cultural facility. "Facility" refers herein to the building(s) and associated land to be
used as the "cultural facility," as defined herein.
WHEREAS, the Grantee has been approved to receive a Cultural Facilities Grant in
the amount of $ 500,000, to be administered by the Division and used only for the
acquisition, renovation, and construction of the cultural facility as required by Section
265.701(1), Florida Statutes.
WHEREAS, the Division has authority under Section 265.701(4), Florida Statutes, to
require the recordation of this restrictive covenant to ensure that the facility will be used
as cultural facility, as defined herein, for at least ten (10) years following execution of the
grant award agreement.
NOW THEREFORE, in partial consideration for the Cultural Facilities Grant and in
accordance with Section 265.701(4), Florida Statutes, the Parties agree to the following:
1.) This restrictive covenant shall run with the title to the facility and the associated
land, shall encumber them, and shall be binding upon the Grantee, the Land Owner, and
their successors in interest for the period of (10) ten years following execution of the
grant award agreement.
2.) The grant award shall only be expended for:
Project Title: Gateway Park Performance Area (Grant # 15.9.300.601)
Page 1of6
3.) For the required duration of this covenant, the Parties agree
that the Grantee shall own all improvements to the facility and to
the associated land, funded in whole or in part by grant funds
4.) The Division has the right to inspect the facility at all
reasonable times to determine whether the conditions of the
agreement and this covenant are being complied with.
5.) The Grantee shall operate and maintain the facility as a
"cultural facility," defined as a building and open space which shall
be used primarily for the programming, production, presentation,
exhibition or any combination of the above functions of any of the cultural disciplines,
such as: music, dance, theatre, creative writing, literature, painting, sculpture, folks
arts, photography, crafts, media arts, and historical and science museums."
6.) This restrictive covenant will be violated by the Grantee, or its successors in
interest if the facility ceases to be used as a cultural facility, as defined above, within ten
(10) years following execution of the execution of the grant award agreement as
required by Section 265.701(4), Florida Statutes. If the Grantee violates this restrictive
covenant, it shall repay the grant funds to the Division pursuant to the amortization
schedule set forth below:
a. If the violation occurs within five (5) years following the execution of the grant
award agreement, 100% of the grant amount;
b. If the violation occurs more than five (5) but less than six (6) years following exe-
cution of the grant award agreement, 80% of the grant amount;
c. If the violation occurs more than six (6) but less than seven (7) years following ex-
ecution of the grant award agreement, 65% of the grant amount;
d. If the violation occurs more than seven (7) but less than eight (8) years following
execution of the grant award agreement, 50% of the grant amount;
e. If the violation occurs more than eight (8) but less than nine (9) years following
execution of the grant award agreement, 35% of the grant amount; and
f. If the violation occurs more than nine (9) but less than ten (10) years following ex-
ecution of the grant award agreement, 20% of the grant amount.
7.) Any amount due from the Grantee as a result of a violation of this restrictive
covenant shall be due in full within 90 days of the violation, or some other period of
time as agreed upon by the Parties.
Page 2 of 6
i
8.) If the entire amount due under the paragraph (6) is not
repaid by the Grantee within the time allotted, the Parties agree
that the Division may obtain a stipulated judgment against the
Grantee for the amount due plus interest at the current legal rate.
The Parties further agree that such a judgment shall be a stipulated
judgment by virtue of full execution of this restrictive covenant;
that it shall not require further approval of the Grantee or the Land
Owner to obtain; and that no trial or hearing shall be necessary to
make such a stipulated judgment legally effective. The Division
shall have the right to enforce the stipulated judgment by resorting
to any legal or equitable available remedy including an action for specific performance.
9.) As a condition to receipt of grant funds, the Grantee shall:
a. Record this covenant in the public records with the Clerk of the Circuit Court of
Miami-Dade County, Florida;
b. Pay all fees associated with its recording; and
c. Provide certified copy of the recorded covenant to the Division and to the Land
Owner.
10.) The Parties agree that the Division shall incur no tax liability as a result of this
covenant.
IN WITNESS WHEREOF, the Grantee and the Land Owner hereby affirm that
they have read this restrictive covenant; that they understand and agree to its terms;
and that they hereby affix their signatures accordingly.
WITNE' PARTIES:
V-L02_NGt,E,..w5,---(k). -“cpt-1---/ I,
GRANTEE IGNATURE GRAN EE NAME (print)C,Vrti b ,041 WS3a.(,,
0/4-111C-714)/t • 1 1'� N Plow i/-
First Wits Signature First W tness Name (print)
4/4124fil f .,------
Sec nd itness Signat irit44{ Second Witness Name (print)
isnt.o C NS Avows APP , D AS 0 FORM
GRANTEE ADDRESS
• iD (i
Arzik
Sul.syl [sle ktith, ft .-6' t o . .,
City State Zip -1 ' I TTINO , CITY ATTORNEY
Page 3 of 6
The State of Florida AA
County of IA-Ml- ii bE
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
aco 4L SCAtot,t, personally
(Name) ,afinn (� ff
appeared as 6V1 ai- for Vt-1 Uf SVtIN (Si..ec. 4RA
(Position) (Name ot Qualifying
Entity)
known to me_t_o be or proved to my satisfaction that he/she is the person
described in and who executed the foregoing instrument.
Type of Identification Produced N(A-
Executed and sealed by me at ctAtt•l-1 1(.1:S c7CIVA , Florida
on EMOAliktki g/A, zA<
wu •
,,. �MAURiC108ETANCUR•
Notary Pueiic=.State of Florida. Notary Public in and for
•• � it/:Comm.;(xpires May 4,2017 \.. ,'
'• -• Commission#EE 879454' -∎
-„• ,,8�is, :' Through hiorionaiNotaryAain. ,'►�� • The State of 11-0t7-kX)A
My commission expires: 6/41/1
[SEAL]
oz-C-- 91 5,. a,a off- LS
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LAND OW R SIGNATURE LAND OWNER NAME (Print)
/101\9) VAth McDoli k
First Witn-.s Signature First Wit ess Name (print) U
ii. . .4% 1!.• -II'.!�- � ZIP--/mot � . /N�
econd Witness Sign. .re Second Witness Name (print)
tS01.0 Cou,04‘ 4u■iu�
LAND OWNER ADDRESS
SuKa1 CS- r fL 33tre0 ..
City State Zip
Page 4 of 6
The State of Florida
County of Mi#1Y11 tt
I certify that on this date before me, an officer duly authorized
in the state and county named above to take acknowledgments, that
CiED' A 4, c w personally
(Name)
appeared as MAID'- for C.A1 Of 5vn►g`1 1St-Cc &CAM
(Position) (Name ofi Qualifying Entity)
known tome to be or proved to my satisfaction that he/she is the person described in and
who executed the foregoing instrument.
Type of Identification Produced J(4
Executed and sealed by me at GUnfnil (c-,i.C-s BEA-CU-E , Florida on f f6 Z31 241f
����P�; MAURICIO BETANCUR
1 . �°`�- °,,; Notary Public=state of Florida . Notary Public in and for
4 , 2 My Comm.Expire!May 4,2017
=;;,F _�� , commission r EE e79454 The State of fu to k
1 �'''�° i"'' Bonded Through Natio, l NNot�ar;Alrn. I
[SEAL] TO L* commission expires: 614 1 ��
Page 5 of 6
For the Division of Cultural Affairs:
—> , b:c -, R.A. Gray Building
Name ` 1 Title 500 S. Bronough Street
Tallahassee, Florida 32399
�.- �� :,• I r V
First Witnes Signatur- First Witness Name •rint)
' i&j___). :.0.0. e J A®/ / yS
S cond Witn-� Signa r a Second Witness Name •rint)
The State of Florida County of Lt(n
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
Saindut & kO t(l e &3 personally
` (Nam0.)
appeared as �o.-e.C for the Florida Department of State, Division of
(Position)
Cultural Affairs known to me to be or proved to my satisfaction that he/she is the person
described in and who executed the foregoing instrument.
• Type of Identification Produced e,Mrn a U.L ('e1LCN .
Executed .nd sealed by me at VOV\OLh&1O _LL, Florida on Y' U.2.A(Z1' J, c90 1
6 Notary Public in and for
The State of 'ae)N \'
;AVT.!•4o RACHELLE ASHMORE
[SEAL] �*` Notary public State of Florida My commission expires: l i5—
Orr, My Comm.Expires Apr 17.2015
Commission if EE 65012
Page 6 of 6
OR BK 29573 PG 2743
LAST PAGE
•
Exhibit A — Legal Description
Folio No. 31-2214-007-0030
Lot 2, 3, 4, less Right of Way of the 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, Florida 33160.
2/12/2015
Item Coversheet
at4Y rat
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
`c+ 'Ft °¢o" (305) 949 -3113 Fax
rk or s�+
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 2/19/2015
RE: Revised Restricted Covenant for the Cultural Facilities
Grant for the Gateway Park Performance Stage
RECOMMENDATION:
It is recommended that the City Commission approve filing a revised
Restrictive Covenant between the City and the Florida Division of Cultural
Affairs for the receipt of funds for a Cultural Facilities Grant for the
Performance Stage at Gateway Park.
REASONS:
The previous Restrictive Covenant was drafted following the State provided
guidelines. The State is now requiring the Restrictive Covenant be drafted
according to a sample document they have provided, to be executed between
the City and the Florida Division of Cultural Affairs, designating the property
on which the stage is being built as a cultural facility for at least ten (10)
years following the execution of the grant award agreement (which was
approved by the City Commission on December 18, 2014). The revised
Restrictive Covenant has the same terms with very minor changes.
ATTACHMENTS:
Description
Resolution
Restrictive Covenant
http://sunnyisles.novusagenda.com/CoverSheet.aspx?ltemlD=1568 1/2
2/12/2015
Item Coversheet
Item Number: 10.13.
http://sunnyisles.novusagenda.com/CoverSheet.aspx?ltemlD=1568 212