Laserfiche WebLink
RESOLUTION NO. 2024 -° <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, APPROVING A SETTLEMENT AGREEMENT WITH PMG-S2 SUNNY <br />ISLES, LLC, ACCEPTING A MONETARY DONATION IN THE AMOUNT OF TWO <br />HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($250,000.00) TO THE <br />PUBLIC ART FUND; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; <br />AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO <br />EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, PMG-S2 Sunny Isles, LLC is the developer (the "Developer") of the project <br />located at 17141 Collins Avenue ("Muse"), approved by the City Commission of the City of <br />Sunny Isles Beach (the "City") via Resolution 12-Z-132 and subsequently modified by Resolution <br />14-Z-140 (collectively "Resolutions"); and <br />WHEREAS, under these Resolutions, the Developer is required to comply with Chapter <br />104 of the City's Code of Ordinances, titled Art in Public Places, and submitted an application for <br />review of the City's Public Arts Advisory Committee (the "PAAC"); and <br />WHEREAS, on June 20, 2019, via Resolution No. 2019-2945, the City Commission <br />adopted the recommendation made by the PAAC and approved an Art Donation Agreement for <br />a sculpture (the "Artwork") to be delivered and installed at the Town Center Park Meditation <br />Garden (the Park"); and <br />WHEREAS, Muse is now fully constructed and occupied and meets all criteria for <br />issuance of the Final Certificate of Occupancy, except for the delivery of the Artwork; and <br />WHEREAS, due to the passage of time, the City's Park is not yet ready to receive the <br />Artwork, and the previously approved Artwork is no longer available; and <br />WHEREAS, the City and the Developer desire to amicably resolve this issue through a <br />Settlement Agreement, attached here to as Exhibit "A", wherein Muse will contribute and <br />donate a sum of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) to the City's <br />Public Art Fund in lieu of delivering the originally agreed-upon Artwork; and <br />WHEREAS, the City agrees to issue the Final Certificate of Occupancy to Muse within <br />seven (7) days of receipt of the aforementioned payment. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Approval of Settlement Agreement. The City Commission hereby approves a <br />Settlement Agreement with PMG-S2 Sunny Isles, LLC, for a donation in the amount of Two <br />Hundred Fifty Thousand Dollars and No Cents ($250,000.00) to the City's Public Art Fund in lieu <br />of delivery and installation of an art sculpture, attached hereto as Exhibit "A". <br />@BCL@E40A465B.doc Page 1 of 2 231 <br />