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HomeMy WebLinkAboutR-2026-137 Donation of Public Art - Dania Beach Rentals LLC (Wyland Turtle Sculpture)RESOLUTION NO. 2026-137 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY TO ACCEPT OWNERSHIP OF THE PUBLIC ART INSTALLATION FROM DANIA BEACH RENTALS, LLC (“DONOR”) FOR THE STATUE PROPOSED TO BE LOCATED AT 601 EAST DANIA BEACH BOULEVARD, AND TO ENTER INTO AN AGREEMENT RELATING TO OWNERSHIP AND MAINTENANCE OF THE WYLAND SEA TURTLE SCULPTURE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 25, 2022, the City Commission authorized the installation of a private artwork under the City’s public art program at 601 East Dania Beach Boulevard, for a sculpture created by the artist Wyland, for the entryway to the Sea View I and II Developments; and WHEREAS, Resolution No. 2022-161, adopted on October 25, 2022, approved the installation of the Sculpture at 601 East Dania Beach Boulevard and authorized the execution of an on-site public art agreement in connection therewith; and WHEREAS, Dania Beach Rentals, LLC, its successors and assigns, (“Donor”) as the fee simple owner of the property located at 601 East Dania Beach Boulevard, and the owner of the Wyland original art piece, would like to continue to display and maintain the turtle sculpture but donate the sculpture’s ownership to the City; and WHEREAS, the City’s Public Art Advisory Board, under the City’s Public Art Plan, at page 44, provides a review process for the acceptance of all gifts/donations of art and to forward a recommendation to the City Commission on the proposed gift; and WHEREAS, at the September 7, 2026, Public Art Advisory Board (PAAB) meeting, the Board unanimously recommended that the City Commission agree to accept ownership of the Wyland Sea Turtle sculpture, provided the attached agreement relating maintenance and location be approved and executed by the parties; and; WHEREAS, as part of the transfer to the City, the parties have agreed to a Public Art Donation Agreement, which agreement is attached and incorporated by this reference into this Resolution as Exhibit A; and WHEREAS, the Sculpture has an appraised value of $2,600,000.00, as reflected in the appraisal prepared by VALIA GARZON DÍAZ, VALIA GARZÓN ART SERVICES LLC, dated August 30, 2026, which appraisal is included as an exhibit in the Agreement; and RESOLUTION #2026-137 WHEREAS, the City Commission desires to consider the Donor's offer to donate the sculpture to the City pursuant to the terms and conditions of the Public Art Donation Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “WHEREAS” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute the Public Art Donation Agreement, which Agreement is attached as Exhibit “A” and incorporated by this reference. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be effective 10 days after passage and adoption. PASSED AND ADOPTED on September 14, 2026. Motion by Commissioner Lewellen, second by Vice Mayor Salvino. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ERIN MCCLENDON JOYCE L. DAVIS DEPUTY CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 PUBLIC ART DONATION AGREEMENT THIS PUBLIC ART DONATION AGREEMENT (hereinafter called the “Agreement”) made and entered into this __ day of ___________, 2026, by and between DANIA BEACH RENTALS, LLC, whose address is 3211 Ponce de Leon Boulevard, Suite 301, Coral Gables, Florida 33134 (“Donor”), and the CITY OF DANIA BEACH, FLORIDA a municipal corporation of the State of Florida, in Broward County, (the “City”) (Donor, together with the City referred to as the “Parties”). RECITALS WHEREAS, Donor wishes to donate to the City a customized version of a work of art known as “The Sea Turtle Beach”, which is more specifically described and depicted in Exhibit A and referred to herein as the “Sculpture”; WHEREAS, the Sculpture is a customized version of a one-of-a-kind sculpture, which was commissioned by Donor and completed by artist Robert Wyland (“Artist”); WHEREAS, in accordance with Chapter 28, City Code of Ordinances, the Sculpture and its location for display was approved by the City Commission on October 25, 2022, pursuant to Resolution No. 2022-161, upon the recommendation of the City’s Public Art Advisory Board for the approval of Dania Beach Rentals, LLC’s Art in Public Places; and WHEREAS, pursuant to the City Commission’s approval, Donor has installed and displayed the Sculpture at the property located at 601 East Dania Blvd., Dania Beach, FL 33004, owned by Dania Beach Rentals, LLC (the “Property”); WHEREAS, Dania Beach Rentals, LLC wishes to donate the Sculpture to the City to continue its public display at the Property; WHEREAS, Dania Beach Rentals, LLC, its successors and assigns, as the fee simple owner of the Property (“Property Owner”), has reviewed and consents to the display and continued installation of the Sculpture on the Property and to the terms and conditions of this Agreement to the extent applicable to the Property; WHEREAS, Resolution No. 2022-161, adopted on October 25, 2022, approved the installation of the Sculpture at the Property and authorized the execution of an on-site public art agreement in connection therewith; and WHEREAS, the City Commission desires to consider the Donor's subsequent offer to donate the Sculpture to the City pursuant to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the Parties mutually agree and bind themselves as set forth herein: 2 TERMS 1. The foregoing recitals are true and correct and are made a part hereof. 2. Donor hereby certifies that it is the true and sole owner of the Sculpture, has good and complete right, title, and interest in and to the Sculpture, and has full authority to give, transfer and assign its right, title and interest in and to the Sculpture. 3. Donor hereby conveys by donation the Sculpture, together with its legal title, and the City hereby accepts the donation of the Sculpture under the terms, qualifications and conditions as set forth in this Agreement. Donor intends by this donation to relinquish all legal claim of right of title and ownership to the Sculpture. Donor acknowledges that, -- upon the City’s acceptance pursuant to this Agreement, the City shall become the sole titleholder and owner of the Sculpture. The City’s acceptance of the donation and transfer of title to the Sculpture shall not become effective until: (a) the City Commission approves the donation; (b) the Parties execute this Agreement; and (c) the Property Owner executes and records the declaration or covenant required by this Agreement. 4. The Sculpture has an appraised value of $2,600,000.00, as reflected in the appraisal prepared by VALIA GARZON DÍAZ, VALIA GARZÓN ART SERVICES LLC, and dated August 30, 2026, which appraisal is attached and incorporated into this Agreement as Exhibit B. 5. Donor certifies that the Sculpture is a customized version of a work of art created by the Artist. Donor warrants that the Sculpture is free of any encumbrances or restrictions and is not subject to any claims of royalties, or copyright, or trademark infringement. Donor further certifies that there are no existing agreements between Donor and the Artist regarding the Sculpture, including but not limited to, its use, ownership, alteration, reproduction, or display. 6. Donor or the Property Owner, either performing the work itself or through a licensed and insured contractor engaged by Donor or the Property Owner to perform the work, shall be responsible for the maintenance of the Sculpture, and shall ensure the Sculpture remains in good order and repair at all times and in an attractive, clean and sanitary condition. 7. The Sculpture shall remain at its current location unless relocation or removal is approved in writing by the City and the Property Owner. Notwithstanding the foregoing, the Property Owner may take temporary emergency measures reasonably necessary to protect persons or property from an imminent threat arising from the Sculpture, provided the Property Owner promptly notifies the City. If redevelopment, structural conditions, casualty, public safety concerns, or other circumstances make continued placement at the Property impracticable, the Parties shall cooperate in good faith to identify an appropriate alternative location. The Sculpture shall not be materially altered without the City’s prior written approval, except for routine maintenance performed in accordance with accepted conservation practices or emergency measures reasonably necessary to protect persons or property. 3 8. While located on the Property, the Sculpture shall remain readily visible to the public from a publicly accessible area during the Property’s customary hours of operation. Nothing in this Agreement requires the Property Owner to permit public access to portions of the Property not otherwise open to the public. 9. The Property Owner, as the fee simple owner of the Property, hereby acknowledges and consents to the continued location and public display of the Sculpture on the Property and to the terms and conditions of this Agreement to the extent applicable to the Property. The Property Owner shall execute a declaration or covenant granting the City, its employees, agents, contractors, and designees a nonexclusive license to enter the Property at reasonable times, upon reasonable prior notice except in an emergency, for the purpose of inspecting, maintaining, repairing, protecting, or removing the Sculpture. The declaration or covenant shall include a legal description of the Property, shall bind the Property Owner and its successors and assigns, and shall be recorded in the Public Records of Broward County, Florida, at the Property Owner’s expense. The license shall remain effective for so long as the Sculpture remains located on the Property. 10. The Property Owner, as the fee simple owner of the Property, shall, at its sole cost and expense, procure and maintain in full force and effect throughout the term of this Agreement, insurance coverage for the Sculpture against loss, theft, fire, vandalism, and such other risks of physical loss or damage as are customarily covered with respect to works of public art of similar nature, value, and location. Such insurance shall be in an amount not less than the then current appraised value of the Sculpture and shall name the City as an additional insured with respect to liability coverage arising from the installation and display of the Sculpture and as loss payee with respect to the Sculpture. . Within thirty (30) days of receiving a written request by the City, the Property Owner shall provide the City certificates of insurance and applicable endorsements evidencing the required coverage. Insurance proceeds attributable to damage to or loss of the Sculpture shall be payable to the City and used, in the City’s discretion, for restoration, repair, relocation, replacement, or other disposition consistent with applicable law. The obligation to maintain insurance as set forth herein shall be in effect for so long as the Sculpture remains located on the Property. 11. The Parties agree that as the sole titleholder to and owner of the Sculpture, the City is authorized, at its sole discretion and without any additional consent from Donor or the Artist, to make and distribute, and authorize the making, display and distribution of, photographs and other two-dimensional reproductions of the Sculpture, including but not limited to, advertising, educational, and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic, and multimedia publicity, and catalogues or similar publications. Reproductions by the City shall contain a credit to Artist. To the extent reasonably practicable, reproductions of the Sculpture by the City shall include credit to the Artist and an acknowledgment that the Sculpture was donated by the Jose Milton Family. 12. It is expressly understood and agreed that this Agreement shall bind and benefit the City, Donor, and Property Owner and their respective successors and permitted assigns. The obligations relating to the location, maintenance, insurance, visibility, and protection of the Sculpture, together with the City’s rights of entry and access, shall also be included in the 4 separately recorded declaration or covenant required by this Agreement. If the Property is transferred, the Property Owner shall provide the prospective transferee with written notice of this Agreement and the recorded declaration or covenant before completing the transfer. The Property Owner shall be responsible for preparing the legal description and paying all costs associated with recording the declaration or covenant. The form and substance of the instrument shall be subject to the City Attorney’s approval. 13. Any notice, request, demand, approval, or consent given or required to be given under this Agreement shall be in writing and shall be deemed as having been given when mailed by United States registered or certified mail, return receipt requested, postage prepaid, to the other parties at the addresses stated below or at the last address provided by a party to the other party at which to receive notice: DONOR: Rex Barker 3211 Ponce de Leon Blvd. Suite 301 Coral Gables, FL 33134 and Iris V. Escarra, Esq. Greenberg Traurig, P.A. 333 SE 2nd Avenue, 44th Floor Miami, FL 33131 CITY: Candido Sosa-Cruz, ICMA-CM City Manager City of Dania Beach 100 W Dania Beach Blvd. Dania Beach, FL 33004 and Eve A. Boutsis, City Attorney City of Dania Beach 100 W Dania Beach Blvd. Dania Beach, FL 33004 14. The Parties expressly acknowledge that the Sculpture will be displayed on private property, and the City shall not be deemed to have assumed, nor shall it be responsible for, any duty, obligation, or liability arising from the location, installation, or display of the Sculpture on the Property. The City shall not be liable for any injury, damage, loss, or claim occurring on the Property related to the Sculpture or otherwise, unless the result of the negligence, omission, or 5 intentional act of City, its officials, officers, employees, or agents. Nothing in this Agreement shall be construed as creating any duty or liability on the part of the City beyond that provided by applicable law, and nothing herein shall be deemed a waiver of the City's sovereign immunity or the limitations of liability set forth in Section 768.28, Florida Statutes. 15. This Agreement shall be subject to Florida’s Public Records Laws, §119 Florida Statutes. Donor understands the broad nature of these laws and agrees to comply with Florida’s public records and laws relating to records retention. 16. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Florida. The location of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Broward County, Florida. Each party shall be responsible for its own attorneys’ fees and costs incurred as a result of any action or proceeding under this Agreement. The parties agree to waive any right to a trial by jury of any civil litigation related to this Agreement. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 17. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. 18. If the Donor or Property Owner fails to perform any material obligation under this Agreement, the City shall provide written notice specifying the nature of the default. The Donor or Property Owner shall have thirty (30) days after receipt of such notice to cure the default, or such longer period as may be reasonably necessary provided the cure is diligently pursued. If the default is not timely cured, the City may pursue any rights or remedies available at law or in equity. SIGNATURES ON THE FOLLOWING PAGES 6 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER 7 DONOR: WITNESSES: DANIA BEACH RENTALS LLC SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2026, by _______________ (name), _______________________ (title), of , who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of Florida 8 Exhibit “A” Sculpture REl'fl.ESEflTATJVE lfiEE l'HOTOS • REPRE.SEHTATNE �U91 01'0.JUOCOYER PHOTOS EXHIBIT "A" EAST DANIA BEACH BOULEVARD Ei)'!.!-�IEO.ID'LJltjD_S.C.Ulff\JBE£LAN Cl < 0 a::: ::;; < w a::: f­en u. ...J ::, (!) 3 .- � G 9 Exhibit “B” Appraisal Page 1 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com Page 2 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com Sea Turtle Beach, 2025 Monumental Bronze and Steel Sculpture Group 8,000 pounds Unique Piece Fair Market Value: $2,600,000.00 PREPARED BY VALIA GARZON DÍAZ VALIA GARZÓN ART SERVICES LLC FOR JOSEPH MILTON 3211 Ponce de León Blvd Suite 301 Coral Gables, FL. 33134 Page 3 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com TABLE OF CONTENTS COVER LETTER ................................................................................................................................................... 4 DEFINITION OF VALUE .................................................................................................................................... 4 APPROACH TO VALUE ..................................................................................................................................... 5 SCOPE OF WORK ............................................................................................................................................ 5 ASSIGNMENT CONDITIONS, EXTRAORDINARY ASSUMPTIONS, AND LIMITING CONDITIONS. ........................................... 6 CONDITION ................................................................................................................................................... 6 AUTHENTICITY ............................................................................................................................................... 6 TERMS AND CONDITIONS .................................................................................................................................. 7 USPAP CERTIFICATION .................................................................................................................................... 7 BODY OF THE APPRAISAL REPORT ......................................................................................................................... 9 Sea Turtle Beach, 2025 .......................................................................................................................... 9 COMMENTS ABOUT THE PIECE ................................................................................................................... 11 VALUATION COMMENTS ........................................................................................................................... 14 ADDENDUM .................................................................................................................................................... 15 ADDENDUM I. METHODOLOGY AND BEST PRACTICES. USPAP RULES .................................................................... 15 ADDENDUM II. APPRAISER QUALIFICATIONS ..................................................................................................... 17 August 30, 2026 Page 4 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com COVER LETTER Joseph Milton 3211 Ponce de León Blvd Suite 301 Coral Gables, FL. 33134 Re: Appraisal of property located at 601 E. Dania Beach Blvd., Dania Beach, FL 33004 Sea Turtle Beach, 2025 Monumental Bronze and Steel Sculpture Group 8,000 pounds Unique Piece Dear Joseph Milton: As requested by you, I made this appraisal report of the piece referred to in the headline. The objective of the appraisal is to determine the Fair Market Value of the listed property. The purpose of this appraisal is to provide all the necessary information regarding the Fair Market Value of the item so that you can make decisions about it in the near future. Any other use renders this appraisal null and void. This USPAP1-compliant Appraisal Report is intended for use only by you, a designated attorney and/or accountant, and the professionals you designate. The use of this report by others is not intended. In summary, the Fair Market Value of the appraised property total is $ 2,600,000 (Two million six hundred thousand dollars). DEFINITION OF VALUE The value being determined in this report is Fair Market Value. The definition of Fair Market Value is set forth in Treasury Regulation §1.170A-1© (2), which states that Fair Market Value is “the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.” The definition of Fair Market Value is expanded in the Treasury Estate Tax Regulation §20.2031 -1(b), stating, “Nor is the Fair Market Value of an item of property to be determined by the sale price of the item in a market other than 1 Uniform Standards of Professional Appraisal Practice (USPAP). USPAP standards, since 1989, are guiding principles for appraisal practice, ensuring consistency, reliability, and credibility. Page 5 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com that in which such item is most commonly sold to the public, taking into account the location of the item wherever appropriate." The tax court in Anselmo v. Commissioner2 held that there should be no distinction between the definition of Fair Market Value for different tax uses; therefore, the combined definition is used in this report. Please note that the IRS has determined that Fair Market Value is a gross value that on e would expect to be realized if the item had been sold on the effective valuation date. This Fair Market Value is a measure of the amount that would be obtained, which includes any buyer´s premiums and not the amount that would be retained. APPROACH TO VALUE The Fair Market Value has been determined in this appraisal by the sales comparison approach. This approach to valuation analyzes comparable sales data as are available to indicate a value conclusion within the market considered most common for the property3. The income approach, which calculates the present worth of future income or a stream of earnings, was not used as the property was not considered to be income-producing. The cost approach, which analyzes comparable cost data as are available to replace the property being appraised with a suitable substitute, was also not used as the intended use is not for replacement. SCOPE OF WORK I was asked by you to perform an appraisal that would enable you to make decisions about the future of the property. Therefore, the scope of the work included reviewing the photographs and information gathered on the day of the inspection, researching the various relevant markets for comparable sales transactions, and analyzing the data to reach a well-founded conclusion. I then determined the fair market value of the property and reported the results of the engagement using the “Appraisal Report” option under USPAP. The methodology proposed supports best practices since it follows the rules and regulations of Uniform Standards of Professional Appraisal Practice (USPAP), established by The Appraisal Foundation and authorized by Congress as the Source of Appraisal Standards and Appraiser Qualifications (See Addendum). The property is described using the Object ID method4, commonly accepted within the appraisal industry, 2 757 F.2d 1208 (11th Cir. 1985) 3 Source: ISA Core Course in Appraisal Studies, page L1-17. 4 An international standard that defines the minimal information needed to identify art, and antiques, developed through the collaboration of the museum community, police and customs agencies, the art trade, the insurance industry, and appraisers of art and antiques. Page 6 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com and researched commensurate with its value. The market-level selection was based on the property's most appropriate use in the most common market for the appraisal's intended use. Thus, the markets considered, and the recent asking prices reviewed for items comparable to the piece listed include art galleries and auction houses where such property is sold to the public. As part of my research, I consulted galleries and advisors who specialize in the sale of monumental art for public spaces. I have also analyzed the artist’s career and the fact that his works are primarily sold through his own gallery. For this reason, I consulted directly with Ms. Karen McMaster of Wyland Worldwide LLC in Laguna Beach, CA, who confirmed the current market value of this work (the email correspondence I had with Ms. McMaster is included in the workfile accompanying this report). The detailed rationale for the market value I have assigned to this work can be found in the body of the appraisal report (see the comments on the valuation). ASSIGNMENT CONDITIONS, EXTRAORDINARY ASSUMPTIONS, AND LIMITING CONDITIONS. On August 28, 2026, Lazaro Veliz, member of my team, inspected and photographed the piece at its permanent location, at 601 E. Dania Beach Blvd., Dania Beach, FL 33004. Therefore, the information in the inventory corresponds to the current state of the piece. The photographs taken meet the quality standards required for the appraisal process. A sufficient number of images were taken, including several views of the piece, such as a group of pictures taken from different angles. For reasons of space, not all of these images are included in the report, but they can be found in the accompanying workfile. CONDITION The piece is in excellent condition. At the time of inspection, a member of my team was able to verify that the work is correctly installed, outdoors, and in the necessary conditions for its long-term conservation. External advisors with experience in public works installation and the artist himself are available to monitor the cleaning and preservation of the piece. In the file you have on this work, there is also a document in which the artist explains all the conservation and cleaning measures the piece will require in the future. AUTHENTICITY The artwork is accompanied by a certificate of authenticity issued by the artist on August 11, 2025. The artwork was purchased directly from the artist, who oversaw its transport and installation. I have access to the piece's provenance documentation, and to all the documentation regarding the origin of the work, including the method and materials used to create it. Page 7 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com TERMS AND CONDITIONS The appraised value is based upon the owner's whole interest and possessory interest, undiminished by any aliens, fractional interests, or any other form of encumbrance or alienation. However, this appraisal is not an indication or certificate of title or ownership. The value conclusions expressed herein are based on my best judgment and opinion. They are not a representation or warranty that the item will realize those values if offered for sale at auction or otherwise. The value expressed is based on current information on the date the appraisal was made. No opinion is expressed as to any past value, nor, unless otherwise expressly stated, any future value. I regard all information concerning this appraisal as confidential. I have retained a copy of this document and my original notes for five years, and I will not allow others to access these records without your written permission unless ordered by a court of law. Except for you, possession of this report or its copy does not carry the right of publication, nor may this report be used for any objective by anyone other than the authorized users without my previous written consent. If this report is reproduced, copied, or otherwise used, it must be done in its entirety, including the cover document and all attachments. Furthermore, no change to any item in this appraisal shall be made by anyone other than the appraiser. Should, in conjunction with this appraisal, additional appraising services be requested by you, your agent or lawyer, or the courts (such as for added time researching for other value objectives, pretrial conferences, court appearances, court preparations, etc.), compensation for same shall be at the customary hourly rate charged by the appraiser at that time and shall be paid by the client immediately upon receipt of a statement for said work. I am a qualified appraiser with an Accredited designation from the International Society of Appraisers (ISA). I regularly perform appraisals for which I receive compensation. My education and experience demonstrating the valuation of the property type in this appraisal can be found in my curriculum vitae, located at the end of this report. Because of my background, experience, education, and membership in a professional appraisal association, I am qualified to make appraisals of the property subject to this appraisal. This report was prepared in accordance with the principles and procedures for the evaluation and valuation of personal property as prescribed by the current version of the International Society of Appraisers Appraisal Report Writing Standard and Code of Ethics. USPAP CERTIFICATION I certify that to the best of my knowledge and belief: Page 8 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com a. The statements of fact contained in this report are true and correct. b. The reported analyses, opinions, and conclusions are limited only by the reported critical assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. c. I have no undisclosed past, present, or contemplated future interest in the property that is the subject of this report and no personal interest concerning the parties involved. d. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding the agreement to perform this assignment. e. I have no bias concerning the property that is the subject of this report or to the parties involved with this assignment. f. My engagement in this assignment was not contingent upon developing or reporting predetermined results. g. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. h. I personally inspected the artwork that is the subject of this report. i. My analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the current version of The Appraisal Foundation´s Uniform Standards of Professional Appraisal Practice (USPAP). j. No other appraiser provided significant professional assistance to the person signing this certification. Sincerely, Valia Garzón Díaz Accredited Member, International Society of Appraisers (ISA) EIN 82-2888240 Page 9 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com BODY OF THE APPRAISAL REPORT Sea Turtle Beach, 2025 Monumental Bronze and Steel Sculpture Group 8,000 pounds Unique Piece SIGNATURE: No PROVENANCE: Acquire from the artist CERTIFICATE OF AUTHENTICITY: Issued and signing by the artist, August 11, 2025 CONDITION: Excellent FAIR MARKET VALUE: $2,600,000.00 Page 10 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com Page 11 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com COMMENTS ABOUT THE PIECE Sea Turtle Beach is not a single sculpture, but a sculptural group composed of several independent elements assembled on a common base. The centerpiece is a large-scale green sea turtle (Chelonia mydas), shown in a swimming pose. The shell is rendered in polychrome bronze, using variations of ochre, brown, and beige to reproduce the species' characteristic scutellated texture; the plastron and fins, lighter in tone, feature a mottled gray-and-white pattern. The head oriented upward and forward, together with the outstretched front fins, gives the figure the appearance of being suspended in motion within the water. Page 12 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com Surrounding the turtle, mounted on a steel armature that simulates a coral outcrop, are freestanding figures of reef fish—including a blue surgeonfish and a second, unidentified specimen at the base of the coral—along with a separate soft-coral element crafted from reddish openwork sheet metal, attached to the rocky base as an independent piece. Page 13 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com This supporting structure is not merely a decorative pedestal: it functions as a narrative setting that integrates fauna and substrate into a single cohesive installation, in keeping with the large -scale marine sculptural groups Wyland has created in various locations worldwide (Beijing, Alaska, Hawaii, among others). Wyland is internationally renowned for his "Whaling Walls" series—more than a hundred large-scale murals dedicated to marine life, painted in cities around the world—as well as for his sculptures and paintings centered on cetaceans, sea turtles, and reef ecosystems. An ocean-conservation message runs through all of it, as the central theme of his entire body of work. Page 14 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com VALUATION COMMENTS Different factors condition the value of monumental pieces: • The limited availability • The condition of the piece • The generally high demand for pieces to be placed in public spaces • Its provenance • The placement of works in private spaces and public institutions, such as museums, limits access to pieces that can be located in spaces managed by private initiative but located in places with public access. To value Sea Turtle Beach, 2025, I analyzed: Its unique character: After gaining worldwide recognition for his monumental mural series, Wyland turned his creative focus to three-dimensional work with the project "100 Monumental Sculptures in 100 Great Cities," which remains in progress today. The project involves installing large-scale bronze sculptures—whales, hammerhead sharks, dolphins, sea turtles, and other endangered species—in public spaces, universities, aquariums, boardwalks, and city centers around the world. Among the largest pieces in this sculptural series is the work under appraisal, which was likewise conceived as a unique piece, with no editions. The significance of the location where it has been placed and the number of people who interact with the sculpture daily: The property is located in the gardens of Sea View at Dania, a 13-story, “resort-style” residential tower with 384 units, on Dania Beach Boulevard. This site is less than half a mile from the Dania Beach Fishing Pier, just a few minutes from Fort Lauderdale-Hollywood International Airport (FLL) and located along the same corridor as the Dania Pointe shopping and entertainment center. As far as could be verified, there is no official figure published by the city, the developer, or the county regarding the volume of people passing through that specific location (there is no specific pedestrian or vehicle count for that corner of Dania Beach Boulevard). However, given its location, it can be assumed that a large number of people pass through the area and interact with the construction site every day. Page 15 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com ADDENDUM ADDENDUM I. METHODOLOGY AND BEST PRACTICES. USPAP RULES The five USPAP Rules and Standards that our assignments followed are: Ethics Rule: This Ethics Rule is divided into three sections: Conduct, Management, and Confidentiality, which apply to all appraisal practices. An appraiser must perform assignments with impartiality, objectivity, and independence without accommodating personal interests. An appraiser must not accept an assignment or have compensation for an assignment that is contingent on any of the following: the reporting of a predetermined result; a direction in assignment results that favors the cause of the client; the amount of a value opinion; the attainment of a stipulated result or the occurrence of a subsequent event directly related to the appraiser's opinions and specific to the assignment's purpose. An appraiser must protect the confidential nature of the appraiser-client relationship. An appraiser must act in good faith concerning the client's legitimate interests in using confidential information and the communication of assignment results. An appraiser must be aware of and comply with all confidentiality and privacy laws and regulations applicable in an assignment. Record-Keeping Rule: An appraiser must prepare a workfile for each appraisal. A workfile must be in existence before the issuance of any report or other communication of assignment results. The workfile will accompany the appraisal report and will be delivered as part of the assignment completed. An appraiser must retain the workfile for five years after preparation or at least two years after final disposition of any judicial proceeding in which the appraiser provided testimony related to the assignment, whichever period expires last. Competency Rule: When factors or conditions are discovered during an assignment that causes an appraiser to determine, at that time, that he or she lacks the required knowledge and experience to complete the assignment competently, the appraiser must notify the client; take all steps necessary or appropriate to complete the assignment competently; and describe, in the report, the lack of knowledge and/or experience and the steps taken to complete the assignment competently. Page 16 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com Scope of Work Rule: For each appraisal, an appraiser must: identify the problem to be solved, determine and perform the scope of work necessary to develop credible assignment results, and disclose the scope of work in the report. Jurisdictional Exception Rule: Recognizes that local law and public policy take precedence over USPAP. If any applicable law or regulation precludes compliance with any part of USPAP, only that part of USPAP becomes void for that assignment. Law includes constitutions, legislative and court-made laws, and administrative rules and ordinances. Regulations include rules or orders having legal force issued by an administrative agency. Page 17 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com ADDENDUM II. APPRAISER QUALIFICATIONS VALIA GARZON DIAZ Valia Garzón Díaz is an appraiser based in Washington, DC.; Miami, FL.; and New Orleans, LA. She is an expert in American, Latin American, Caribbean, and Central American Art, with expertise in paintings, sculptures, prints, drawings, photographs, and multimedia art projects. She has experience in research and provenance documentation and works with private, corporate, and institutional clients in the US and abroad. APPRAISAL EDUCATION: International Society of Appraisers, Core Course in Appraisal Studies (2018) International Society of Appraisers Annual Conference (2018) Appraising in the World of High-Net-Worth Individuals, International Society of Appraisers (2019) Appraisal of Fine Arts Course, International Society of Appraisers (2021) 15 Hour Personal Property USPAP Course (2018 // 2024) 7 Hour Personal Property USPAP Course (2021) Requalification Course, International Society of Appraisers (2024) EDUCATION: B.A. in Art History at the University of Havana, Cuba. PROFESSIONAL EXPERIENCE: Appraiser and Provenance Researcher. Valia Garzón Art Services, (2017 to present). This firm coordinates the work of different internationally recognized experts in Latin American art to offer various first -class services to public, private, and corporate collectors. Art Consultant. Consultores de Arte, Central America-Miami. (2003-2017). As a consultant, she provided specialized art services to Central and Latin American art collectors. She is recognized for her valuable contributions to collections focused on preserving regional heritage and exploring alternative ways of interaction among artists and international trends. Curator. Guatemalan Photograph Archive, at CIRMA (Center for Regional Mesoamerican Research), Antigua, Guatemala (1997-2003) Visual Art Expert. Casa de las Américas, Havana, Cuba (1992-1997) Page 18 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com PUBLICATIONS: Her publications included countless articles for specialized journals and the following books: Memoria. Cuban Art of the 20th Century // Artes Visuales Cubanas del Siglo XX, California International Arts Foundation, Los Angeles, CA, 2001, 580 pages and a CD. Published in English and Spanish, it includes information about 576 artists and over 100 exhibitions of Cuban art and a comprehensive bibliography. Las hondas guatemaltecas // The Guatemalan slingshot, Fundación de La Ruta Maya, Ciudad de Guatemala, Guatemala, 2007, 283 pages. Julio Zadik. Un fotógrafo moderno en Guatemala, Zadik Editores, Ciudad de Guatemala, 2009, 240 pages. MEMBERSHIPS: International Society of Appraisers (ISA), USA