HomeMy WebLinkAboutR-2023-030 4 Dania Beach Holdings, LLC Return of Public Art Fee executed RESOLUTION NO. 2023-030
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO RETURN A
PORTION OF THE PUBLIC ART FEE TO DEVELOPER 4 DANIA BEACH
HOLDINGS, LLC, WHICH FEE EXCEEDS THE MANAGER'S
DISCRETION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection(a), sets the monetary threshold or limitation at$50,000.00; and
WHEREAS, pursuant to Section 811-100, of the Land Development Code, under the
public art program, a development can pay .5% of the project value into the Art fund; or in the
alternative, pay .25% into the Art Fund, and pay .25 % into escrow, as security, to be returned to
the developer if the developer chose to install public art on his/her property; and
WHEREAS, if the public art is not installed, or not timely installed on the developer's
property, the escrowed funds are forfeited to the City and are placed in the City's Public Art
fund; and
WHEREAS, the Developer, 4 Dania Beach Holdings, LLC, of the residential project
known as the Soleste, which is located at 10 North Federal Highway, paid .25% of the total
project value into the City's Public Art Fund, and paid another .25% into escrow as security for
installing the public art on the developer's property; and
WHEREAS,the .25%paid into escrow equaled $125,000.00; and
WHEREAS, the art sculpture for this development was approved administratively, as the
project proceeded to building permit prior to the creation of the Art Board; and
WHEREAS, the art piece that was administratively approved is attached as Exhibit A to
this resolution, and was created by Armando Guiller, a Cuban-born artist, who has pieces installed
at the Ringling Museum of Arts, Florida, the Dactyl Foundation, NYC, and at Lehman College
Art Gallery,NYC; and
WHEREAS, the developer has installed the art piece, and is entitled to seek a return of
solely the funds placed in escrow at the time of building permit issuance, which funds are in the
amount of$125,000.00; and
WHEREAS, the developer has complied with the provisions of the City's Public Art
Program and has properly installed the public art piece in the development, in a public place, and
is entitled to a return of the $125,000.00 in escrowed funds,
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 City Manager is authorized to issue a return of escrowed funds in
the amount of$125,000.00 to Developer, 4 Dania Beach Holdings, LLC, as the Developer has
installed the permanent public art piece on the development site in compliance with the City's
Public Art Program requirements.
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 become effective immediately upon its passage
and adoption.
PASSED and ADOPTED on March 14,2023.
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APPROVED AS TO FORM AND CORRECTNESS:
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2 RESOLUTION#2023-030