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Tip 9}r Fi.43Pt y4. <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 City Hall <br />(305) 949-3113 Fax <br />MEMORANDUM <br />TO: Honorable Mayor and City Commissioners <br />VIA: Stan Morris, City Manager <br />FROM: Amy Canales, Planning and Zoning Director <br />DATE: January 18, 2024 <br />RE: Muse Art in Public Places Settlement Agreement <br />RECOMMENDATION: <br />Staff recommends approval of this Resolution. <br />REASONS: <br />The Muse development project ("Project"), located at 17141 Collins Avenue, was approved viz <br />Resolution 12-Z-132 and modified by Resolution 14-Z-140. Under these resolutions, the Project is <br />required to comply with Chapter 104 of the City Code, Art in Public Places. The Project complied witl <br />the review process of the Public Arts Advisory Committee and through Resolution 2019-2945, <br />obtained approval by the City Commission for a public art donation (the "Artwork") to be deliverec <br />and installed in the City's Art Park located at 17200 Collins Avenue. The delivery date of the Artworl <br />was to be mutually agreed upon by the City and the Project. <br />Today, the Project is fully constructed and occupied and meets all criteria for issuance of Final <br />Certificate of Occupancy, except for delivery of the Artwork donation. The City's Art Part is not ye - <br />ready to receive delivery of the donation and due to the passage of time, the previously approved <br />Artwork is no longer available. In effort to save future expenses and time, the City and Project desirE <br />to fully resolve this issue through a Settlement Agreement, which conditions the Project to contribute <br />and donate $250,000 to the Public Art Fund in lieu of delivering the Artwork. Within 7 days of receipt <br />of the payment, the City shall issue the Final Certificate of Occupancy. <br />ATTACHMENTS: <br />Resolution <br />Item Number: 10.1 <br />229 <br />