2006-003
RESOLUTION NO. 2006-03
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, ACCEPTING
DONATION OF ART WORK TO THE CITY; PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, Ralfe O.P. Silverman has offered to donate a significant sculpture work of
art to the City (the "Art Donation"), which is described in Exhibit "A" attached hereto; and
WHEREAS, the City Manager has recommended that the City Commission accept the
Art Donation; and
WHEREAS, the City Commission finds that acceptance of the Art Donation is in the
best interest of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
That the above stated recitals are hereby confirmed and
Section l.
adopted.
Recitals.
Section 2. Donation Accepted. That the City Manager is hereby authorized to
accept the Art Donation, on behalf of the City, subject to approval of the City Attorney as to the
form and legal sufficiency ofthe Art Donation transaction.
Section 3. Effective Date. That this Resolution shall become effective immediately
upon adoption hereof.
The foregoing Resolution was offered by Commissioner Diamond, who moved its adoption.
The motion was seconded by Vice Mayor Joel, and upon being put to a vote, the vote was as
follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Michael Stem
Commissioner Luz Urbilez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
yes
yes
yes
yes
yes
yes
yes
PASSED AND ADOPTED this lOth day of January, 2006.
Resolution No. 2006-03
Page 2
PASSED AND ADOPTED this 10th day of January. 2006.
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--Susan Gottlieb. 'Mayor
Attest:
Approved as to Form and Legal Sufficiency:
r,~
City Attorney
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Ralfe Silverman
(305) 466-1746
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DONATION TO MUNICIPALITY
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The undeJSlgned party (the "Donor"), does hereby thIS ..l.2-~day of , 2005
donate, transfer and convey to the City of A ventura, Florida, a Florida municipality (the
"City"), all of Donor's right, title and interest in that certain sculpture, known as "The
Sun", created by world reno-wned sculptor, Gianmaria Potenza.
I. Conditions.
This donation is made subject to the condition that the sculpture be displayed in
the Lobby of the City Hall, at a location situated to the right-hand side of the decorative
pond, and the further condition that the sculpture remain on display at said location for a
period of ten (10) years from the date of this donation, and that, except as provided
below, the City shall not sell or transfer title to said sculpture to any other person.
However, these conditions shall not prohibit the City Manager from temporarily
relocating the sculpture in the event of renovation work at the City Hall facility or from
relocating the sculpture to other locations within the City Hall or within City owned
cultural facilities, so long as such other locations are determined by the City Manager to
be of substantially equal prominence and accessibility as the above-described initial City
Hall location. Likewise, the restriction upon alienation of the sculpture, shall not prohibit
the City Commission from conveying or lending the sculpture to the State of Florida,
Miami-Dade County, the Miami-Dade County School Board or to any other Miami-Dade
County municipality for public display at a museum or other suitable public facility.
Further, the restriction upon the alienation of the sculpture shall expire after twenty (20)
years from the date of the dedication.
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Ralfe Silver-man
(305) 466-1746
fi. Delivery: Installation.
A. Donor represents that they have the full power and authority to transfer
ownership of the sculpture to City, as provided herein, and to lawfully bind themselves to
the provisions hereof.
B. Donor, at their sole cost and expense, shall by September 30, 2005,
provide for the delivery of the sculpture to City Hall for installation and display by the
City in accordance with the advice of the sculptor. City shall install a suitable bronze
yDlie.c ;t'r../o>" .
plaque stating: "Gianmaria Potenza, Sculptor 1998, donated b)' Selma and Ralfe .a.p.
Silverman 2005".
fiL Charitable Contribution.
A. Donor understands that this donation may enable Donor to claim a
deduction for purposes of federal income tax, but recognizes that Donor must contact
their own tax attorn")' or accountant for matters regarding entitlement to the deduction,
record keeping requirements and limitations on the amount of any tax deduction, as well
as related issues.
B. The City shall utilize the donation for mW1icipal purposes as authorized by
the pro'~sions of Florida law applicable to a municipality.
Donor:
By:
By:
Selma Silverman
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Ralfe Silverman
(305) 466-1746
ACCEPTED BY THE CITY OF A VENTURA
The above-described donation is hereby accepted by the City of Aventura pursuant to
authorization of the City Commission this _ day of September, 2005. Upon receipt of
delivery of the donated property, the City shall execute the receipt provided below.
CITY OF A VENTURA
By:
Eric M. Soroka, City Manager
Attest:
Teresa Soroka, City Clerk, MMC
Approved as to Form and Legal Sufficiency:
City Attorney
RECEIPT
The City of Aventura hereby confums that it has received delivery of the donated
sculpture which is described above on the _ day of . 2005, subject to "the
terms and conditions set forth above.
CITY OF A VENTURA
By:
Eric M. Soroka, City Manager
ATTEST:
Teresa Soroka, City Clerk, MMC
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