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2013-28285 Reso RESOLUTION NO. 2013-28285 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE FOLLOWING RECOMMENDATIONS OF THE NEIGHBORHOOD AND COMMUNITY AFFAIRS COMMITTEE: 1.) APPROVING THE PROPOSAL OF THE FLAMINGO PARK NEIGHBORHOOD ASSOCIATION TO NAME THE NEW TENNIS CENTER AT FLAMINGO PARK, THE "FLAMINGO PARK TENNIS CENTER;" 2.) IN RELEASE AND SETTLEMENT OF ANY RIGHT(S) AND/OR CLAIM(S) THAT ABEL HOLTZ (BOTH INDIVIDUALLY AND/OR ACTING BY AND ON BEHALF OF THE ENTIRE HOLTZ FAMILY, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS) MAY HAVE WITH RESPECT TO THE NAMING OF THE NEW TENNIS CENTER AND ANY OTHER TENNIS RELATED IMPROVEMENTS AT FLAMINGO PARK (PAST , PRESENT, OR FUTURE), APPROVING THE ESTABLISHMENT OF A MONUMENT, IN THE FORM OF A TENNIS BALL SCULPTURE (WHICH DESIGN WAS INITIALLY INCLUDED IN THE RENDERINGS FOR THE PROJECT), WITH A DEDICATORY PLAQUE ON THE BASE OF THE SCULPTURE WITH PLAQUE LANGUAGE TO BE MUTUALLY AGREED UPON BETWEEN THE CITY AND THE HOLTZ FAMILY; 3.) FURTHER DEFERRING THE OFFICIAL RIBBON CUTTING CEREMONY FOR THE NEW TENNIS CENTER UNTIL THE NAMING IS FINALIZED; AND 4.) ACCEPTING THE RECOMMENDATION OF THE CITY ATTORNEY' S OFFICE AND AUTHORIZING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO SECTION 82-503(c)(2) OF THE CITY'S NAMING ORDINANCE TO CLARIFY THE CITY'S INTENT THAT IF A PUBLIC FACILITY IS BEING NAMED OR RE-NAMED TO INCLUDE THE LOCATION INCLUDING, WITHOUT LIMITATION, THE PARK OR STREET NUMBER/NAME, WHERE THE FACILITY IS SITUATED, THEN THE REFERENDUM REQUIREMENTS FOR NAMING THE EXTERIOR OF PUBLIC FACILITIES SHALL NOT APPLY. WHEREAS, at its regular meeting on April 17, 2013, the Mayor and City Commission referred a proposal by the Flamingo Park Neighborhood Association to name the new tennis center at Flamingo Park, the "Flamingo Park Tennis Center," to the Neighborhood/Community Affairs Committee (Committee), for its consideration and recommendation; and WHEREAS, at its regular meeting on May 20, 2013, the Committee considered the proposal by the Flamingo Park Neighborhood Association; and WHEREAS, at the conclusion of the discussion, the Committee recommended to not consider the proposal by the Flamingo Park Neighborhood Association (to name the tennis center the "Flamingo Park Tennis Center"), and further recommended keeping the proposed name of the new tennis center, the "Flamingo Park/Holtz Tennis Center," based upon a'potential legal argument which could be made regarding the City's obligation, under a 1983 agreement between the City and Capital Bank which (among other things) provided that certain naming rights to the stadium and to tennis related improvements at Flamingo Park, might still obligate the City to name the tennis center, the "Flamingo Park-Holtz Tennis Center;" and WHEREAS, the Committee's recommendation was then heard by the City Commission at its June 5th City Commission Meeting, along with an accompanying presentation by the City Attorney's Office regarding the aforestated 1983 agreement, and comment by the public; and WHEREAS, following extensive discussion and public input, the City Commission expressed the desire to be able to proceed to name the tennis center, the "Flamingo Park Tennis Center," since some members of the Commission stated that the tennis improvements at the Park had always "historically" been referred to by that name; and WHEREAS, the City Commission voted to refer the item back to the Committee; and WHEREAS, the item was once again heard by the Committee at its June 26, 2013 meeting; and WHEREAS, prior to the Committee meeting, numerous meetings and communications were held between the City Attorney's Office and the City Administration, and Mr. Abel Holtz and his attorney, Cliff Schulman, in order to reach a compromise regarding the naming of the new tennis center at Flamingo Park; and WHEREAS, an agreement was reached between the City representatives and Mr. Holtz, whereby he and the Holtz family would agree not to challenge the City's proceeding to name the new tennis center the "Flamingo Park Tennis Center;" provided that a monument, in the form of a tennis ball sculpture (which was in the original construction plans for the new tennis center), be erected, along with a dedicatory plaque at the base of the sculpture, with plaque language that was mutually agreed upon by the City and Mr. Holtz; and WHEREAS, the Committee recommended that the City Commission proceed with the proposal settlement, recommending that the City Commission approve the Flamingo Park Neighborhood Association's proposal to name the new tennis center, the "Flamingo Park Tennis Center," concurrent with its approval to establish the aforestated monument in commemoration of the Holtz family's contributions to the sport of tennis in the City of Miami Beach, and in settlement of any claims that either Abel Holtz or the Holtz family, or their successors and assigns, would have with respect to any naming rights, past, present, or future, to the Flamingo Park tennis improvements; and WHEREAS, the Committee recommended deferring the official ribbon cutting ceremony until such time as the above naming issues and settlement is finalized; and WHEREAS, the Committee also accepted the City Attorney's recommendation to amend Section 82-503(c)(2), to clarify the City's intent that if a public facility is being named or re- named to include the location including, without limitation, the park or street number/name, where the facility is situated, then the referendum requirements for naming the exterior of public facilities do not apply. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the following recommendations of the Neighborhood and Community Affairs'Committee: 1) approving the proposal of the Flamingo Park Neighborhood Association to name the new tennis center at Flamingo Park, the "Flamingo Park Tennis Center;" 2) in release and settlement of any right(s) and/or claim(s) that Abel Holtz (both individually and/or acting by and on behalf of the entire Holtz family, and their respective heirs, successors, and assigns) may have with respect to the naming of the new tennis center and any other tennis related improvements at Flamingo Park (past , present, or future), approving the establishment of a monument, in the form of a tennis ball sculpture (which design was initially included in the renderings for the project), with a dedicatory plaque on the base of the sculpture with plaque language to be mutually agreed upon between the City and the Holtz family; 3) further deferring the official ribbon cutting ceremony for the new tennis center until the naming is finalized; and 4) accepting the recommendation of the City Attorney' s Office and authorizing the City Attorney to prepare an amendment to Section 82-503(c)(2) of the City's Naming Ordinance. PASSED and ADOPTED this_ 177"k.day of July, 2013. ATTEST: • A I HER ROWER YOR RAF EL GRANADO CITY C C> :INCORP ORATED TA\AGENDA\2013\Ju1y 17\7-17-13ccpetin AC Rec m. nnis Ctr. Naming.doc APPROVED AS TO FORM&LANGUAGE &FOR- CUTION 0 C. Datb COMMISSION ITEM SUMMARY Condensed Title: A Resolution accepting the recommendations of the Neighborhood/Community Affairs Committee(NCAC)at its June 26, 2013 meeting to 1.)Name the new tennis center at Flamingo Park the "Flamingo Park Tennis Center"; 2..) Establish a monument in the form of a tennis ball with a dedicatory plaque on its base honoring the Holtz family for their commitment to tennis on Miami Beach (settling any right(s) and/or claims on behalf-of the entire Holtz Family, and their heirs may have with respect to the naming of the tennis center and other tennis related improvements; 3.) Deferring the ribbon cutting ceremony for the new tennis center until the naming is finalized; and 4.)Authorize the City Attorney to prepare an amendment to the City's Naming Ordinance to clarify the City's intent that if a public facility is being named or re-named to include the location including,without limitation,the park or street number/name where the facility is situated then the referendum requirements for naming the exterior of a public facility shall not apply. Key Intended Outcome Supported: Increase satisfaction with recreational programs. Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 85%of residents rated the City's Recreation programs as either excellent or good. Item Summa /Recommendation: In a written request to the Mayor and City Commissioners, the Flamingo Park Neighborhood Association requested that the new tennis center be named the"Flamingo Park Tennis Center." After discussions both at Neighborhoods/Community Affairs Committee (Committee) on May 20th, and at City Commission on June 5th, the item was referred back to Committee to be heard at the Committee's June 26th meeting. The item was heard by the Committee at their June 26, 2013 meeting. Prior to this meeting, numerous meetings and communications between the City Attorney's office,City Administration, Mr. Holtz and Mr. Schulman were conducted in order to reach a compromise regarding the naming of the new Tennis Center at Flamingo Park. A verbal agreement was reached by all parties that the new Tennis Center at Flamingo be named the "Flamingo Park Tennis Center" and a monument in the form of a tennis ball, which was in the original construction plans of the new tennis center be erected along with a plaque with language that is mutually agreed upon by the City and the Holtz family.Additionally,the official ribbon cutting ceremony was deferred until such time as the naming issue is fully resolved, and the committee also accepted the City Attorney's recommendation to amendment section 82-503(c)(2) as described above in the subject of this memorandum. The Administration recommends adopting this Resolution. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 2 3 OBPI Total . Financial Impact Summary: City Clerk's Office Legislative Tracking: Sign-Offs. Department Director Assistant City a Cit n per RA/KS JMT JLM T:\AGENDA\2013\July 17\com_.summary_Accepting NCAC Recom.- er Naming and Holtz Memor Plaque.doc AGENDA ITEM R I ? �aTE -17-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M bers of e City Commission FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE FOLLOWING RECOMMENDATIONS OF THE NEIGHBORHOOD AND COMMUNITY AFFAIRS COMMITTEE: 1.) APPROVING THE PROPOSAL OF THE FLAMINGO PARK NEIGHBORHOOD ASSOCIATION TO NAME THE NEW TENNIS CENTER AT FLAMINGO PARK, THE "FLAMINGO PARK TENNIS CENTER;" 2.) IN RELEASE AND SETTLEMENT OF ANY RIGHT(S) AND/OR CLAIM(S) THAT ABEL HOLTZ (BOTH INDIVIDUALLY AND/OR ACTING BY AND ON BEHALF OF THE ENTIRE HOLTZ FAMILY, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS) MAY HAVE WITH RESPECT TO THE NAMING OF THE NEW TENNIS CENTER AND ANY OTHER TENNIS RELATED IMPROVEMENTS AT FLAMINGO PARK (PAST , PRESENT, OR FUTURE), APPROVING THE ESTABLISHMENT OF A MONUMENT, IN THE FORM OF A TENNIS BALL SCULPTURE (WHICH DESIGN WAS INITIALLY INCLUDED IN THE RENDERINGS FOR THE PROJECT), WITH A DEDICATORY PLAQUE ON THE BASE OF THE SCULPTURE WITH PLAQUE LANGUAGE TO BE MUTUALLY AGREED UPON BETWEEN THE CITY AND THE HOLTZ FAMILY; 3.) FURTHER DEFERRING THE OFFICIAL RIBBON CUTTING CEREMONY FOR THE NEW TENNIS CENTER UNTIL THE NAMING IS FINALIZED; AND 4.) ACCEPTING THE RECOMMENDATION OF THE CITY ATTORNEY' S OFFICE AND AUTHORIZING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO SECTION 82-503(c)(2) OF THE CITY'S NAMING ORDINANCE TO CLARIFY THE CITY'S INTENT THAT IF A PUBLIC FACILITY IS BEING NAMED OR RE-NAMED TO INCLUDE THE LOCATION INCLUDING, WITHOUT LIMITATION, THE PARK OR STREET NUMBER/NAME, WHERE THE FACILITY IS SITUATED, THEN THE REFERENDUM REQUIREMENTS FOR NAMING THE EXTERIOR OF PUBLIC FACILITIES SHALL NOT APPLY. INTRODUCTION At its regular meeting on April 17, 2013, the Mayor and City Commission referred a proposal by the Flamingo Park Neighborhood Association to name the new tennis center at Flamingo Park, the "Flamingo Park Tennis Center," to the Neighborhood/Community Affairs Committee (Committee), for its consideration and recommendation. Commission Memorandum July 17, 2013 Resolution Accepting the Recommendations of the NCAC - Naming Discussion for the Tennis Facility in Flamingo Park Page 2of3 ANALYSIS At its regular meeting on May 20, 2013, the Committee considered the proposal by the Flamingo Park Neighborhood Association and at the conclusion of the discussion, the Committee recommended to not consider the proposal by the Flamingo Park Neighborhood Association (to name the tennis center the "Flamingo Park Tennis Center"), and further recommended keeping the proposed name of the new tennis center, the "Flamingo Park/Holtz Tennis Center," based upon a potential legal argument which could be made regarding the City's obligation, under a 1983 agreement between the City and Capital Bank which (among other things) provided that certain naming rights to the stadium and to tennis related improvements at Flamingo Park, might still obligate the City to name the tennis center, the "Flamingo Park-Holtz Tennis Center". The Committee's recommendation was then heard by the City Commission at its June 5th City Commission Meeting, along with an accompanying presentation by the City Attorney's Office regarding the aforestated 1983 agreement, and comment by the public. Following extensive discussion and public input, the City Commission expressed the desire to be able to proceed to name the tennis center, the "Flamingo Park Tennis Center," since some members of the Commission stated that the tennis improvements at the Park had always "historically" been referred to by that name. The City Commission then voted to refer the item back to the Committee to be heard at the Committee's June 26, 2013 meeting. Prior to the Committee meeting, numerous meetings and communications were held between the City Attorney's Office and the City Administration, and Mr. Abel Holtz and his attorney, Cliff Schulman, in order to reach a compromise regarding the naming of the new tennis center at Flamingo Park. These efforts concluded with an agreement being reached between the City representatives and Mr. Holtz, whereby he and the Holtz family would agree not to challenge the City's proceeding to name the new tennis center the "Flamingo Park Tennis Center;" provided that a monument, in the form of a tennis ball sculpture (which was in the original construction plans for the new tennis center), be erected, along with a dedicatory plaque at the base of the sculpture, with plaque language that was mutually agreed upon by the City and Mr. Holtz. The item was once again discussed by the Committee at its June 26, 2013 meeting. At the conclusion of the discussion the Committee recommended that the City Commission proceed with the proposal settlement, recommending that the City Commission approve the Flamingo Park Neighborhood Association's proposal to name the new tennis center, the "Flamingo Park Tennis Center," concurrent with its approval to establish the aforestated monument in commemoration of the Holtz family's contributions to the sport of tennis in the City of Miami Beach, and in settlement of any claims that either Abel Holtz or the Holtz family, or their successors and assigns, would have with respect to any naming rights, past, present, or future, to the Flamingo Park tennis improvements. The Committee also recommended deferring the official ribbon cutting ceremony until such time as the above naming issues and settlement is finalized. Additionally, the Committee accepted the City Attorney's recommendation to amend Section 82- 503(c)(2), to clarify the City's intent that if a public facility is being named or re-named to include the location including, without limitation, the park or street number/name, where the facility is situated, then the referendum requirements for naming the exterior of public facilities do not apply. Commission Memorandum July 17, 2013 Resolution Accepting the Recommendations of the NCAC - Naming Discussion for the Tennis Facility in Flamingo Park Page 3 of 3 NEXT ACTIONS Please be advised that if this resolution is accepted the following action will be implemented: • An agreement will be prepared and executed by Mr. Holtz and the City in release and settlement of any right(s) and/or claims that Abel Holtz (both individually and/or acting by and on behalf of the entire Holtz family, and their respective heirs, successors, and assigns) may have with respect to the naming of the new tennis center and any other tennis related improvements at Flamingo Park (past, present, or future). • The agreed upon monument, in the form of a tennis ball sculpture (which design was initially included in the renderings for the tennis center project), with a dedicatory plaque on the base of the sculpture with plaque language to be mutually agreed upon between the City and the Holtz family shall follow the approval process as established in the City's Code Sec. 82-504. Monuments or memorials. • The City Attorney's Office will prepare an amendment to the City's Naming Ordinance, amending Section 82-503(c)(2), to clarify the City's intent that if a public facility is being named or re-named to include the location including, without limitation, the park or street number/name, where the facility is situated, then the referendum requirements for naming the exterior of public facilities do not apply. CONCLUSION The Administration recommends that the Mayor and City Commission hereby accept the following recommendations of the Neighborhood and Community Affairs Committee: 1) approving the proposal of the Flamingo Park Neighborhood Association to name -the new tennis center at Flamingo Park, the "Flamingo Park Tennis Center;" 2) in release and settlement of any right(s) and/or claim(s) that Abel Holtz (both individually and/or acting by and on behalf of the entire Holtz family, and their respective heirs, successors, and assigns) may have with respect to the naming of the new tennis center and any other tennis related improvements at Flamingo Park (past, present, or future), approving . the establishment of a monument, in the form of a tennis ball sculpture (which design was initially included in the renderings for the project), with a dedicatory plaque on the base of the sculpture with plaque language to be mutually agreed upon between the City and the Holtz family; 3) further deferring the official ribbon cutting ceremony for the new tennis center until the naming is finalized; and 4) accepting the recommendation of the City Attorney' s Office and authorizing the City Attorney to prepare an amendment to Section 82-503(c)(2) of the City's Naming Ordinance. JLM/JMT/RA/KS/JEM T:\AGENDA\2013\July 17\Comm. Memo. Accept NCAC Recommendatiions - Flamingo Tennis Ctr. Naming..doc