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RESOLUTION NO. 2015- 21 17 <br /> A RESOLUTION OF THE CITY COMMISSION OF THE CITY <br /> OF SUNNY ISLES BEACH, FLORIDA, APPROVING A PUBLIC <br /> SCHOOL CONCURRENCY PROPORTIONATE SHARE <br /> MITIGATION DEVELOPMENT AGREEMENT BETWEEN THE <br /> SCHOOL BOARD OF MIAMI-DADE COUNTY AND SUNNY <br /> ISLES PROPERTY VENTURE LLC ALSO KNOWN AS THE <br /> RITZ CARLTON PROJECT LOCATED AT 15701 AND 15795 <br /> COLLINS AVENUE, IN SUBSTANTIALLY THE SAME FORM <br /> ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE <br /> MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING <br /> THE CITY ATTORNEY AND THE CITY MANAGER TO DO ALL <br /> THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS <br /> AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, the School Board of Miami-Dade County (the "School Board") and the City <br /> of Sunny Isles Beach (the "City") entered into an Amended and Restated Interlocal Agreement <br /> for Public School Facility Planning pursuant to Resolution No. 2007-1192 adopted on December <br /> 13th, 2007 to implement Public School Concurrency; and <br /> WHEREAS, the City approved a site plan application pursuant to Zoning Resolution No. <br /> 14-Z-146 adopted on October 16th, 2014 for a development known as "Ritz Carlton" (the <br /> "Project") consisting of a residential 50-story tower with 212 dwelling units located at 15701 and <br /> 15795 Collins Avenue; and <br /> WHEREAS, the Project was approved subject to compliance with Public School <br /> Concurrency requirements; and <br /> WHEREAS, the School Facility level of service may be satisfied by executing a binding <br /> Proportionate Share Mitigation Agreement (the "Agreement") between the School Board, Sunny <br /> Isles Property Venture, LLC (the "Applicant") and the City requiring the Applicant to provide <br /> mitigation proportionate to the demand for public school facilities created by the Project and <br /> requiring the City to withhold all building permits until the mitigation payments have been made <br /> by the Applicant. <br /> NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> Section 1. Approving the Proportionate Share Mitigation Agreement. The Proportionate <br /> Share Mitigation Agreement between the School Board of Miami-Dade County, Sunny Isles <br /> Property Venture, LLC and the City is hereby approved in substantially the same form as the <br /> attached Exhibit"A". <br /> Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the <br /> Agreement in substantially the same form as the attached Exhibit "A". <br /> Ritz Carlton Proportionate Share Mitigation Agreement Page I of 2 <br />