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RESOLUTION NO. 2015- 38Z <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE <br />RESTRICTIVE COVENANT BETWEEN THE CITY OF SUNNY <br />ISLES BEACH AND THE FLORIDA DIVISION OF CULTURAL <br />AFFAIRS DECLARING GATEWAY PARK AS AN OPEN SPACE, <br />PARK AND CULTURAL FACILITY, IN SUBSTANTIALLY THE <br />SAME FORM ATTACHED HERETO AS EXHIBIT "A "; <br />AUTHORIZING THE MAYOR TO EXECUTE SAID <br />RESTRICTIVE COVENANT; AUTHORIZING THE CITY <br />MANAGER TO DO ALL THINGS NECESSARY TO <br />EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN <br />EFFECTIVE DATE. <br />WHEREAS, the City of Sunny Isles Beach has been awarded a Cultural Facilities Grant <br />from the Florida Division of Cultural Affairs in the amount of Five Hundred Thousand Dollars <br />($500,000.00) for the development of the Performance Stage Area at Gateway Park; and <br />WHEREAS, part of the requirement to receive funding is a Restrictive Covenant declaring <br />Gateway Park as an Open Space, Park and Cultural Facility; and <br />WHEREAS, the City is the fee simple owner of the Gateway Park and Parking Garage <br />located at 151 -287 Sunny Isles Boulevard in Sunny Isles Beach, Florida; and <br />WHEREAS, the property was acquired by the City in furtherance of its goal to provide open <br />space, park and cultural facilities on the west side of Collins Avenue and south of 172nd Street, and <br />occupies approximately four (4) acres on Sunny Isles Boulevard to be used for multi - purpose <br />recreational park and cultural facilities; and <br />WHEREAS, on December 18, 2014 via Resolution No. 2014 -2355 the City Commission <br />approved the Grant Agreement with the Florida Division of Cultural Affairs authorizing the City <br />Manager to take the necessary steps to receive program funds, and the Restrictive Covenant; and <br />WHEREAS, the City Commission now wishes to approve a revised Restrictive Covenant <br />between the City and the Florida Division of Cultural Affairs declaring Gateway Park as an Open <br />Space, Park and Cultural Facility, in substantially the same form attached hereto as Exhibit "A ". <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Approval of Restrictive Covenant. The City Commission hereby approves the revised <br />Restrictive Covenant declaring Gateway Park as an Open Space, Park and Cultural Facility, attached <br />hereto as Exhibit "A ". <br />R2015- Restrictive Covenant Cultural Facilities Grant Gateway Park Stage Page 1 of 2 <br />