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RESOLUTION NO. 2020- �7' <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF <br />THE CITY'S PUBLIC ARTS ADVISORY COMMITTEE ("PAAC") FOR <br />APPROVAL OF ART IN PUBLIC PLACES APPLICATION NO. AP2019- <br />02, SUBMITTED BY RDR SEASHORE, LLC ("DEVELOPER") FOR THE <br />PLACEMENT OF A VERTICAL GARDEN WALL FRONTING COLLINS <br />AVENUE OF THE PROPERTY LOCATED AT 18975 COLLINS AVENUE; <br />APPROVING A MAINTENANCE AGREEMENT BETWEEN THE <br />DEVELOPER AND THE CITY OF SUNNY ISLES BEACH, <br />ESTABLISHING MAINTENANCE OBLIGATIONS FOR THE VERTICAL <br />GARDEN WALL, ATTACHED HERETO AND INCORPORATED <br />HEREIN, IN SUBSTANTIALLY THE FORM, AS EXHIBIT "A"; <br />AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY <br />TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS <br />RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, on April 16, 2015, the City of Sunny Isles Beach ("City") passed Resolution <br />Number 15-Z-152, approving the site plan application submitted by RDR Seashore, LLC <br />("Developer") to develop 18975 Collins Condominium (the "Condominium"), a 56 -story <br />residential condominium located at 18975 Collins Avenue; and <br />WHEREAS, in connection with the development approvals for the Condominium, and <br />pursuant to Chapter 104 of the City's Code of Ordinances, the Developer agreed to install a Work <br />of Art as defined by Chapter 104, subject to the approval of the City's Public Arts Advisory <br />Committee ("PAAC"); and <br />WHEREAS, on April 29, 2019, the Developer submitted the Art in Public Places <br />Application No. AP2019-02 to the PAAC for their consideration and approval of a Work of Art <br />consisting of a vertical garden wall upon the Collins Avenue frontage of the Condominium (the <br />"Vertical Garden Wall"); and <br />WHEREAS, on August 6, 2019, the PAAC considered and unanimously approved the Art <br />in Public Places Application No. AP2019-02; and <br />WHEREAS, the PAAC unanimously endorsed the Work of Art with the understanding <br />that some agreement must be put in place for perpetual maintenance of the wall; and <br />WHEREAS, the City Commission wishes to accept the recommendation made by the <br />PAAC, and approve the Art in Public Places Application No. AP2019-02, as submitted by the <br />Developer; and <br />WHEREAS, pursuant to the PAAC's recommendation, the City further wishes to enter <br />into an agreement with the Developer establishing maintenance obligations for the Vertical Garden <br />Wall, attached hereto as Exhibit "A", requiring that the 18975 Collins Condominium Association, <br />Inc. shall at all times maintain the Vertical Garden Wall in a healthy condition, and in accordance <br />with the Project Quality Standards set forth in the Agreement. <br />R2020 Aoorove Armani Art App and Maintenance Agreement Page I of <br />