HomeMy WebLinkAboutR-2024-091 First Dania Beach, LLC Public Art Installation for 101 Dania ApartmentsRESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
APPROVE PUBLIC ART INSTALLATION REQUEST MADE BY THE
PROPERTY OWNER FIRST DANIA BEACH LLC FOR 101 DANIA
APARTMENTS, TO BE LOCATED AT 101 SW 1ST AVENUE; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City's Public Art Plan and the Code of Ordinances of the City of Dania
Beach, Chapter 28, Article 811 entitled Public Art Program, Section 811-30(D) identifies the
duties of the Public Art Advisory Board to include review and recommendation of public art to the
City Commission; and
WHEREAS, the Public Art Advisory Board met on May 20, 2024, and recommended
approval of the proposed public art sculpture to be located at 101 Monroe Udell Street and 46 SW
1" Avenue, which was prepared by the artist known as Lorenzo Quinn; and
WHEREAS, the City's Public Art Plan and the Code of Ordinances of the City of Dania
Beach, Chapter 28, Article 811 entitled Public Art Program, Section 811-30(D) requires City
Commission approval of public art, therefore this public art installation proposal requires City
Commission approval; and
WHEREAS, the property owner will be required to enter into an agreement with the City
confirming that the public art installed on the property shall remain and be maintained and shall
be binding upon Owner and its successors and assigns, which Agreement is attached as Exhibit
"A" and incorporated into this Resolution by this reference.
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 Commission authorizes the proper City officials to execute an
on -site Public Art Maintenance Agreement with the property owner for the installation of the
Lorenzo Quinn's sculpture at the property located at 101 Monroe Udell Street and 46 SW 1s`
Avenue, as identified in Exhibit `B".
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are repealed to the extent of such conflict.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.
PASSED AND ADOPTED on ,)Ur,-e 25 , 2024.
Motion bysecond by
FINAL VOTE ON ADOPTION: Unanimous
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
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ELORAY2JF.Ir
CITY CLERK
APPROVED AS TO FORM AND
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WE B TSIS
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Yes No
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2 RESOLUTION #2024-_O'� `
ART MAINTENANCE AGREEMENT
THIS ART MAINTENANCE AGREEMENT ("Agreement") is made and entered into as
of June 25, 2024, by and between FIRST DANIA BEACH, LLC, (the "Owner") and the CITY
OF DANIA BEACH, a Florida municipal corporation (the "Ciff").
WHEREAS, the undersigned are the respective owners of fee simple title to certain lands
in Dania Beach, Florida (the "City"), bearing the address of 101 Monroe Udell Street and 46 SW
I` Avenue, and folio of 5042-3401-3620 and 5042-3401-3170, and as legally described in
Exhibits "A" (the "Dania 1010 Apartments, Phase I and II Property"); and
WHEREAS, First DANIA BEACH, LLC, a Florida limited liability company ("Owner"),
is fee simple owner of the Property on which a project known as the "Dania 101 Apartment,
Phase I and II" has been or will be constructed; and
WHEREAS, it has been determined that the Property is required to comply with the
requirements of the City's Public Art on Private Development, as set forth in Article 811,
entitled "Public Art Program", of the City's Land Development Code (LDC), at Sections 811-10
through 811-120, of the LDC.
WHEREAS, Owner may wish to convey the Properties and or portions thereof from time
to time, or may wish to develop same in phases or stages, or may wish to offer units as
condominiums and are therefore executing this instrument to assure the City that such
development will be in compliance with the LDRs when so developed and at all times thereafter;
NOW THEREFORE, in consideration of the premises, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby
freely, voluntarily and without duress Agreement and agree as follows:
1. Recitals. The recitals set forth above are true and correct and are incorporated herein by
this reference.
2. Binding. The agreement hereunder on the part of Owner shall remain in fall force and
effect and be binding upon the successors and assigns of the respective parties hereto, until such
time as the same is released in writing as hereinafter provided.
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3. Scope of Maintenance. Owner agrees and Agreements the art incorporated into
development project, as identified in Exhibit A shall be vested in the property owner who shall
retain title to the art. The Owner shall retain title to the subject art and shall provide proof of
insurance in the amount of the appraised value of the art. If the property is sold, the seller shall
either include restrictions in the deed that require maintenance and insurance of the art and
prevent its removal from the property or remove the art and make a contribution to the fund in an
amount equal to the amount of the in -lieu public art fee which would have initially been required
based on the project cost. If the title is passed to a subsequent owner and, as a result, a deed
restriction exists as to the art, the subsequent owner shall maintain the art in accordance with the
deed restriction, applicable law and other established guidelines. The art shall not be altered,
modified, relocated or removed other than as provided herein without the prior approval of the
City Commission. A mural placed on a private structure becomes the responsibility of the
building/property owner. As such, the Owner is responsible for periodically monitoring the
condition of the mural, facilitating its care and maintenance, and assuming any costs associated
with maintenance, repair, and/or removal.
Murals not maintained properly may be subject to code compliance penalties and removal. If a
mural needs repair, the best practice is for the Owner to contact the artist to make the repairs.
Owner shall retain title to the subject art and will be required to maintain the art in good
condition in the approved location, as required by this declaration of restrictive Agreements.
The art in this declaration is a mural and shall be: (1) visually accessible to the public; (2)
constructed of materials that ensure mural longevity and durability; (3) painted on a surface
and structure that is stable and ready for painting; (4) compliant with the City standards of
artistic quality and suitability for the neighborhood; (5) shall not impede public access; (6)
use an approved graffiti/UV coating on the finished mural that provides resistance to
vandalism and weather; (7) provide a copy of a signed agreement in which the building owner
commits to keep the mural unchanged and in good condition for a minimum of five (5) years
for permanent murals. And, (8) during construction or maintenance, if the safety plan
submitted is not being adhered to, and the City has identified a safety risk to either the artist
and/or the public, the City has the right to stop work until such time that safety issues or
concerns are addressed by the artist.
4. City Acknowledgement of Changes. Should this Agreement be so released, amended,
terminated or modified in accordance with paragraph 3 hereof, the Planning Director, or his or
her successor, shall forthwith execute a written instrument effectuating and acknowledging such
modification, amendment or release.
5. Enforcement. Enforcement shall be by action against any parties or persons violating or
attempting to violate any of these Agreements. The prevailing party in any action or suit arising
out of or pertaining to this Agreement shall be entitled to recover, in addition to costs and
disbursements allowed by law, such sum as the Court may determine to be reasonable for the
services of its attorney. This enforcement provision is in addition to any other remedy at law, in
equity or both.
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6. Invalidation. Invalidation of any one of these Agreements, by judgment of Court, in no
wise shall affect any of the other provisions, which shall remain in full force and effect.
7. Election of Remedies. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be deemed to
constitute an election of remedies, nor shall it preclude the party exercising the same from
exercising such other additional. rights, remedies or privileges.
8. Ownership Changes. The Owner acknowledge and agree that the Owner may at some
point intend to convert the Property to the condominium form of ownership. Effective on the
date that the Owner converts the Property to the condominium form of ownership, any time that
this Agreement is to be amended, modified, consented to, terminated, or otherwise changed in
such a way that requires the written agreement of the parties hereto, the instrument of
amendment, modification, termination, consent or change shall be executed by the
condominium association that is formed at the time the Property is converted to the
condominium form of ownership alone, and such instrument shall not require the signature or
joinder of any individual condominium unit owners or their mortgagees.
10. Notices. Any notice required or permitted to be given hereunder shall be in writing and
may be given by personal delivery or by certified mail return receipt requested, postage paid to
the address set in this paragraph, or such other address as a party may designate on notice to the
other.
City:
Ana M. Garcia, ICMA-CM
City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to:
Eve A. Boutsis, City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Owner:
First Dania Beach, LLC
3323 Northeast 163 Street PH-704
North Miami Beach, Florida 33160
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11. Exhibits. All of the Exhibits attached to this Agreement are incorporated in and made a
part of this Restrictive Agreement.
12. Form of Document. The provisions of this Agreement do not imply obligations on the
part of the Owner other than the requirements to provide notice as specifically set forth herein.
13. Inspections. As a further part of this agreement, it is hereby understood and agreed that
any official inspector of the City of Dania Beach, or its agents duly authorized, may have the
privilege at any reasonable time of entering and investigating the (use/ condition/ etc.) of the
Property to determine whether or not the requirements of the building and zoning regulations and
the conditions herein agreed to are being complied with.
14. Duration. The provisions of this instrument shall become effective upon their
recordation in the public records of Broward County, Florida, and shall continue in effect for a
period of five (5) years after the date of such recordation.
15. Enforcement. Enforcement shall be by action against any parties or persons violating or
attempting to violate any Agreements. The prevailing party to any action or suit pertaining to or
arising out of this Agreement shall be entitled to recover, in addition to costs and disbursements,
allowed by law, such sum as the Court may adjudge to be reasonable for the services of his
attorney. This enforcement provision shall be in addition to any other remedies available at law,
in equity or both.
16. Severability. Invalidation of any of provision in this Restrictive Agreement by judgment
of Court shall not affect any of the other provisions, which shall remain in full force and effect.
17. Cumulative rights. All rights, remedies and privileges granted herein shall be deemed to
be cumulative and the exercise of any one or more shall neither be deemed to constitute an
election of remedies, nor shall it preclude the party exercising the same from exercising such
other additional rights, remedies or privileges.
18. Amendments. This Agreement may not be amended or modified except by written
instrument executed by all of the then fee owner(s) of the Property and the City Commission;
provided however, that amendments or modifications to correct an exhibit may be executed by
the then fee owner(s) and City Manager of Grantee without necessitation review and approval by
the City Commission. Modifications or amendments shall be recorded in the Public Records of
Broward County, Florida.
19. Termination. Termination of this restrictive Agreement may only be accomplished
through an action of the City Commission, consistent with the City's Code of Ordinance.
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20. Entire Agreement. This restrictive Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes all prior agreements,
understandings and arrangements, both oral and written, between the parties with respect thereto.
21. Captions. The captions and paragraph headings contained in this Agreement are for
convenience and reference only and in no way define, describe, extend or limit the scope or
intent of this Restrictive Agreement, nor the intent of any provision hereof.
22. Counterparts. This Restrictive Agreement may be executed in one or more counterparts,
each of which shall be deemed to be an original, but all of which shall constitute one and the
same Restrictive Agreement.
23. Waiver. No waiver of any of the provisions of this Agreement shall be effective unless it
is in writing, signed by the party against whom is its asserted and any such waiver shall only be
applicable to the specific instance in which it relates and shall not be deemed to be a continuing
or future waiver.
24. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida and venue for any litigation arising hereunder shall be Broward
County, Florida.
25. Assignment and Binding Effect. This Agreement and the rights, duties, obligations and
privileges of the parties herein are assignable with the prior written consent of the City and
Owner. Any assignment of this Agreement shall be recorded amongst the public records of
Broward County, Florida. This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of the parties.
26. Parties to Agreement. This is an agreement solely between the City and Owner. The
execution and delivery hereof shall not be deemed to confer any rights or privileges on any
person not a party hereto other than the successors or assigns of the City or Owner.
27. Recordation. This Agreement shall be recorded in the Public Records of Broward
County, Florida and Owner shall pay the cost of recording.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day
and year first written above.
ATTEST:
ELORA RIERA, MMC
CITY CLERK
APPROVED AS TO FORM
AND CORRECTNESS
EVE A. BOUTSIS
CITY ATTORNEY
CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
ARCHIBALD J. RYAN IV
MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
WITNESSES:
SIGNATURE
PRINT Name
SIGNATURE
PRINT Name
STATE OF FLORIDA)
COUNTY OF BROWARD)
OWNER:
First Dania Beach, LLC
a Florida limited liability company
SIGNATURE
PRINT Name
Title
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, on , 2024 by , of First Dania
Beach, LL a Florida limited liability company. He or she is personally known to me or has
produced as identification.
My Commission Expires:
Notary Public, State of Florida
Print Name
II
EXHIBIT "A"
Legal Description
Folio No. 5042-3401-3620: TOWN OF MODELO (DANIA) B-49 D LOT 1, 2,4 BLK 26
Folio No. 5042-3401-3170: TOWN OF MODELLO (DANIA) B-49 D LOT 17, 18, 19 BLK 21
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