Res No 119-24-16224RESOLUTION NO. 119-24-16224
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, GRANTING A PARTIAL WAIVER OF fflE ART
IN PUBLIC PLACES CONTRIBUTION PURSUANT TO
SECTION 7-17 "ART IN PUBLIC PLACES" OF THE CODE
OF ORDINANCES FOR THE "RESIDENCES AT SOMI
PARC" PROJECT LOCATED AT 596168th STREET, SOUTH
MIAMI, FL 33143; RATIFYING THE CITY MANAGER'S
ACCEPTANCE OF A TRUST FUND CONTRIBUTION IN
THE AMOUNT OF $21,955; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City'') maintains an Art in Public Places
program pursuant to Section 7-17 of the Code of Ordinances (the "Code'') which provides for a
public art contribution in an amount equal to 1.5% of the construction cost, and allows for a project
to seek a waiver to allow alternatives to public art, including funding the South Miami Arts in
Public Places Trust Fund (the ''Trust Fund"), in lieu of contributing art with such minimum value;
and
WHEREAS, SoMi Pare, LLC (the "Developer") has developed the project known as
"Residences at SoMi Pare" (the "Project") located at 5961 68 th Street, South Miami, FL 33143,
which Project included a performance bond for the public art contribution of $493,260 (the
"Minimum Program Contribution''); and
WHEREAS, in connection with the Project, the Developer installed multiple works of art
with a total declared value of $471,305 (the "Art Value"); and
WHEREAS, Developer has requested a waiver (the "Waiver") pursuant to Section 7-17
of the Code, to allow a payment of pro gram fees (in lieu of art) for the $21,995 difference between
the Minimum Program Contribution and the Art Value (the "Monetary Contribution"); and
WHEREAS, in order to facilitate the timely delivezy of the Project, which includes
affordable housing units critical to the community, and because of the de minimis nature of the
Monetary Contribution relative to the Art Value, the City Manager has accepted the Monetary
Contribution from the Developer and authorized issuance of the Certificate of Occupancy; and
WHEREAS, the City Commission wishes to approve the Waiver, ratify the City
Manager's acceptance of the Monetary Contribution, authorize the City Manager to deposit the
Monetary Contribution in the Trust Fund, and spend sums as authorized under Sec. 7-17 of the
Code; and
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Res . No. 119-24-16224
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Waiver Approval. The City Commission hereby approves the Waiver to
allow acceptance of the Monetary Contribution in lieu of art contribution for the Project.
Section 3. Ratification. The City Commission hereby ratifies the City Manager's
acceptance of the Monetary Contribution in lieu of art contribution for the Project.
Section 4. Authorization. The City Manager is hereby authorized to deposit the
Monetary Contribution in the Trust Fund and expend such funds as provided in Section 7-17 of
the Code.
Section 5. Implementation. The City Manager is hereby authorized to take any and
all necessary action to implement the purposes of this Resolution
Section 6. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming an1endments to be incorporated into the
final resolution for signature.
Section 7.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 20th day of August, 2024.
ATTEST:
CJt~
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
AN COLE
, ..
CITY ATTORNEY
APPROVED:
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
-
4-0
Yea
Absent
Yea
Commissioner Liebman : Yea
Commissioner Corey: Yea
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Agenda Item No:24.
City Commission Agenda Item Report
Meeting Date: August 20, 2024
Submitted by: Tony Recio
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
GRANTING A PARTIAL WAIVER OF THE ART IN PUBLIC PLACES CONTRIBUTION PURSUANT TO
SECTION 7-17 “ART IN PUBLIC PLACES” OF THE CODE OF ORDINANCES FOR THE “RESIDENCES AT
SOMI PARC” PROJECT LOCATED AT 5961 68th STREET, SOUTH MIAMI, FL 33143; RATIFYING THE CITY
MANAGER’S ACCEPTANCE OF A TRUST FUND CONTRIBUTION IN THE AMOUNT OF $21,955;
PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE. 3/5 (CITY MANAGER)
Suggested Action:
Attachments:
memo_art_in_public_places_waiver (1).docx
49E4554-Resolution Granting Waiver of Arts in Public Places Contribution.DOCX
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:August 20, 2024
SUBJECT:Partial Waiver of Art in Public Places Contribution and Ratification of City
Manager’s Acceptance of a Trust Fund Contribution of $21,955 for the
“Residences at SoMi Parc” Project
RECOMMENDATION:Approve the waiver to allow acceptance of the monetary contribution in
lieu of art contribution and ratify the City Manager’s acceptance of the
monetary contribution for the Residences at Somi Park Project.
BACKGROUND:The City of South Miami (the “City”) maintains an Art in Public Places
program pursuant to Section 7-17 of the Code of Ordinances (the “Code”)
which provides for a public art contribution in an amount equal to 1.5% of
the construction cost, and allows for a project to seek a waiver to allow
alternatives to public art, including funding the South Miami Arts in Public
Places Trust Fund (the “Trust Fund”), in lieu of contributing art with such
minimum value.SoMi Parc, LLC (the “Developer”) has developed the
project known as “Residences at SoMi Parc” (the “Project”) located at 5961
68th Street, South Miami, FL 33143, which Project had a declared
construction cost of $33,333,333.33. in connection with the Project, the
Developer installed multiple works of art with a total declared value of
$471,305.
The Developer has requested for a waiver (the “Waiver”) pursuant to
Section 7-17 of the Code, to allow a payment of program fees (in lieu of
art) for the $21,955 difference between the Minimum Program
Contribution and the Art Value (the “Monetary Contribution”). To facilitate
the timely delivery of the Project, which includes affordable housing units
critical to the community, and because of the de minimis nature of the
Monetary Contribution relative to the Art Value, the City Manager has
accepted the Monetary Contribution from the Developer and authorized
issuance of the Certificate of Occupancy.
ATTACHMENTS:Resolution
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