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HomeMy WebLinkAboutMemorandumCITY OF NUAIN11 OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Maygr and. Members of the City Coinmission FROM. Victoria fl*ndez�,City Attorney DATE, October 2, 20f g RE: October 11, 201 S Co emission Meeting Agenda — Substi[Lition of RE.12 Donation - Mikon Sculpture File I`lo. 49I U Item RE. 12 on the October 11, 2015 City Commission Agenda is a donation of a sculpture from the Hilda Milton Revocable Trust to the City of Miami. The item, as it appears on the published agenda, incorrectly states that the City will be responsible for maintenance of the sculpture. The Nilda Milton Revocable Trust will be responsible for the maintenance of said sculpture. The item is being substituted to retlect this correction, CC. Emilio T. Gonzalez, City Manager Miriam Arcia, Agenda Coordinator VM`B L1 VRF Alvj a 4910 Memo From City Manager 4 e,t`= CD i -4 �} I W ;Sc- )P.:: ScY= E5 m U'I m Cn :r: Fri M -I City of Miami Legislation '� • 0014: ::III' . t �j Resolution: City Hall 3500 Pan American Drive Miami, FL 33133 www. m l a rTn igov. Co m File Number: 4910 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY CviAiNAGER TO ACCEPT A DONATION IN THE AMOUNT OF FOUR HUNDRED EIGHTY-FIVE THOUSAND DOLLARS (5485,000.00), iN THE FORM OF A SCULPTURE, AS WELL AS ALL COSTS ASSOCIATED WITH THE INSTALLATION OF SAID SCULPTURE ("DONATION"), FRO> l THE NILDA MILTON REVOCABLE TRUST ("TRUST") PURSUANT TO A DONATION LETTER, ATTACHED AND INCORPORATED AS EXHIBIT "A," FOR ;, THE PURPOSE OF INSTALLING SAID SCULPTURE AT ALBERT PALLOT = m PARK; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AID.' EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING A MAINTENANCE AGREENIENT, IN A FORM ACCEPTABLE TO THE CITY rte• W :.. ATTORNEY, TO ACCEPT SAID DONATION. SPONSOR(S): Mayor Francis Suarez a WHEREAS, the Nilda Milton Revocable Trust ("Trust") has offered to donate a sculptlreLn that has an appraised value of four hundred eighty-five thousand dollars ($485,000.00) ("Sculpture") and has also offered to cover all costs associated with installing the Sculpture ('Installation Costs") as detailed in a donation letter, attached and incorporated as Exhibit "A" ("Donation Letter"), for the purpose of installing the Sculpture at Albert Pallot Park located at 3805 Northeast 6 Avenue, Miami, Florida ("Park); and WHEREAS, the Trust is donating the Sculpture, a description, of which is attached and incorporated as Exhibit "B," and any and all Installation Costs (collectively, "Donation") in remembrance of the late Jose Milton; and WHEREAS, the Trust will enter into a maintenance agreement, in a form acceptable to the City Attorney, with the City of Miami (:'City"), in which the Trust will agree to take all responsibility for the maintenance of the Sculpture; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to accept the Donation from the Trust as detailed in the Donation Letter, attached and incorporated as Exhibit "A," for the purpose of installing the Sculpture at the Park. City of Miami Page I of 2 File 1D: 4910 (Revision: A) Printed On: 10/2/2016 File ID: 4910 Enactment !Number: Section3. The City Manager is authorized' to negotiate and execute any and all necessary documents, including a maintenance agreement, in a form acceptable to the City Attorney, to accept said Donation. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor,2 APPROVED AS TO FORM AND CORRECTNESS: t i ria 6 V ndez, Cft-y tto ey 1(7!1 22018 c, na raj t r'- C -m 1 I ,` Cx7: i C-, p tw_r r s cn 7-1ZEn 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 if the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID., 4910 (Revision: A) Printed on: IO/Z(2018