HomeMy WebLinkAboutResolution Zoning 05-Z- 99
RESOLUTION NO. 05-Z---99-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE
ZONING APPLICATION SUBMITTED BY MULLY SB L.L.c.
(THE "APPLICANT"), (Z2005-02) FOR A V ARlANCE FROM
SECTION 265-46(A)(4) OF THE CITY OF SUNNY ISLES BEACH
LAND DEVELOPMENT REGULATIONS TO ALLOW 100% OF
THE REQUIRED OFF-STREET PARKING SPACES TO BE
CONSTRUCTED AS TANDEM PARKING (20% TANDEM
PARKING PERMITTED);TRANSFER OF DEVELOPMENT
RIGHTS ("TDRs"), IN THE AMOUNT OF 2 DWELLING UNITS
AND 42,368 SQUARE FEET OF FLOOR AREA, PURSUANT TO
SECTION 265-23 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS (LDR's), AND SITE PLAN APPROV AL,
PURSUANT TO SECTION 265-18 OF THE LDR's, TO PERMIT
THE DEVELOPMENT OF "DA VINCI", A TWENTY-SEVEN (27)
STORY CONDOMINIUM TOWER CONT AINING 69
RESIDENTIAL UNITS, ON THE PROPERTY LOCATED AT 17141
COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA, SUBJECT
TO CONDITIONS; AND PROVIDING FOR AN EFFECTIVE
DATE.
I. RECIT ALS.
WHEREAS, on or about August 1, 2005, Mully SB. L.L.C., a foreign limited liability
company authorized to do business in Florida, (the "Applicant") submitted Application No.
Z2005-02 to the City of Sunny Isles Beach, Florida ("the Application"), requesting the
following:
1. A variance from Section 265-35(0) (8) of the City of Sunny Isles Beach Land
Development Regulations, (the "LOR's" or the "Code") waiving the requirement to
provide a Public Beach Access Easement linking Collins A venue to the oceanfront beach.
2. A variance from Section 265-46(A)(4) of the City of Sunny Isles Beach Land
Development Regulations, allowing 100% of the required off-street parking spaces to be
constructed as tandem parking (20% tandem parking permitted).
3. A transfer of 42,368 square feet of development rights and two (2) units, pursuant to
Section 265-23 of the Code of the City of Sunny Isles Beach, as follows:
An adjustment to be made for a decrease of 42.368 square feet and 25 units from the City
of Sunny Isles Beach's Transferable Development Rights Bank.
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4. Site plan approval for a proposed residential condominium consisting of a 27-story tower
containing 69 residential units, to be known as the "DaVinci" (the "Project"), pursuant to
Section 265-18 of the Code of the City of Sunny Isles Beach.
LEGAL:
The North 100 feet of the South 300 feet of Lot 2, Tatum's Ocean Park
Subdivision, Lying east of State Road No. AlA right of way line recorded in
Plat Book 10, Page 64, of the Public Records of Miami-Dade County, Florida.
ADDRESS: 17141 Collins Avenue, Sunny Isles Beach, Florida (the "Property" or the
"Receiving Site").
WHEREAS, on November 17, 2005, after a public hearing, the City Commission
continued the public hearing on the Application to the public hearing scheduled for December 8,
2005, for further staff review and so that the Applicant could meet with staff to resolve the beach
access easement and parking layout concerns; and
WHEREAS, on December 8, 2005, the City Commission conducted a public hearing to
consider the Application as modified by the Applicant to provide beach access easements, to
consider the color palette and three-dimensional model submitted by the Applicant, and to
otherwise address the concerns raised at the earlier public hearing; and
WHEREAS, the December 8, 2005, public hearing of the City Commission was
advertised and held as required by law, all interested parties concerned in the matter were heard,
and due and proper consideration was given to the matter and to the positive recommendation
contained in the joint memorandum from the Planning and Zoning Administrator and the
Planning Consultant; and
WHEREAS, notice was provided to all interested parties regarding the Application; and
WHEREAS, the City Commission reviewed the modified Application, the written and
oral recommendations of the Planning and Zoning Administrator and the Planning Consultant
and all outside consultants who render reports with respect to the Application, including the
recommended conditions, and found substantial competent evidence to support a showing by the
Applicant that the requests for a Tandem Parking variance to permit 100% tandem parking where
the LDR's allows a maximum of 20%, the Receiving Site approval, transfer of development
rights (the "TDR's") and site plan approval are, subject to all of the conditions set forth in this
Resolution, in compliance with the Land Development Regulations and the Comprehensive
Master Plan of the City and maintain the basic intent and purpose of the zoning, subdivision or
other land use regulations, which is to protect the general welfare of the public, particularly as it
affects the stability and appearance of the community; and, further, found that said requests
should be granted, subject to: (A) All of the conditions set forth in this Resolution; (B) The
purchase price to be paid by Applicant for the TDR's based on an appraisal to be prepared for the
City; (C) The payment to the City, within three (3) working days of the City Commission
approval of the purchase price, of a non refundable deposit in the amount of ten percent (10%) of
the approved purchase price, (the "Ten Percent Deposit") in accordance with the TDR
Ordinance; and
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WHEREAS, failure to pay the Ten Percent Deposit within three (3) working days of the
approval of the purchase price on December 8, 2005, but in no event later than 5 p.m. on
Tuesday, December 13, 2005, shall result in an automatic voiding of the Commission approval
of the Receiving Site, transfer of TDR's, and site plan approval, pursuant to Section 265-
23 .5(b )(2) of the TDR Ordinance, each element of the Application shall be deemed denied, and
Applicant shall not be permitted to refile an application for development of the Property for one
year, pursuant to Section 265-11(g) of the LDR's.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS
SUCCESSORS OR ASSIGNS, AS FOLLOWS:
II. INCORPORATION OF RECITALS.
All recitals are incorporated into the body of this Resolution as if same were fully set forth herein.
III. APPROVALS.
The approvals set forth in this Section III are subject to: (A) All of the conditions set forth in
this Resolution; (B) The purchase price to be paid by Applicant for the TDR's based on the
appraisal accepted by the City Commission; (C) The payment to the City of a non-refundable
deposit in the amount of ten percent (10%) of the approved purchase price, (the "Ten Percent
Deposit") within three (3) working days of the City Commission approval of the purchase price,
but in no event later than 5 p.m. on Tuesday, December 13, 2005, (D) The voluntary proffer to
the City of a mitigation fee in the amount of One Million Dollars to be used for school purposes,
as may be determined by the City Commission (the "Voluntary Mitigation Fee"), shall be paid to
the City of Sunny Isles Beach prior to the issuance of the Building Permit for the Project;_(E)
The operation of the tandem parking lifts shall be connected to a dedicated emergency generator
such that in the event of a power failure the tandem parking process shall not be suspended or
delayed; (F) All parking for the Project shall be by valet services only, which services shall be
provided twenty-four (24) hours a day, seven (7) days per week for so long as the Project shall
exist; this requirement shall be included in the recorded condominium documents for the Project;
A. The Applicant's request for approval of the Property as a Receiver Site and for approval
of the transfer of 2 dwelling units and 42,368 square feet of development rights from the
City's TDR Bank, pursuant to Section 265-23 of the LDR's, is hereby conditionally
granted, and, subject to all of the conditions outlined herein, the City Commission finds
such transfer consistent with the goals, policies and objectives of the Comprehensive Plan
and the expressed purpose of Section 265-23 of Code of the City of Sunny Isles Beach as
amended.
B. The Applicant's request for approval of the site plan submitted for the Project known as
"Da Vinci" is hereby granted and said site plan is hereby approved, subject to the actual
transfer of the development rights, and to all of the conditions provided this Resolution,
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including but not limited to those conditions set forth in Section IV of this Resolution,
The failure of performance of any of these conditions shall be deemed a denial of this
Application,
IV. CONDITIONS
Conditions to be comDleted before below e:rade or buildine: Dermits are issued.
(1) The Applicant shall submit any and all other documentation and payments required by
the City to effectuate the transfer of development rights and further procedures being
developed to effectuate this program, notwithstanding the fact that such procedures may
be formally adopted subsequent to this particular approval, prior to submitting for
building permit.
(2) Upon the submittal of an application for a building permit, the plans submitted shall meet
with the approval of the Planning and Zoning Administrator and be consistent with the
specific site plan approved by the City Commission. Plans shall include all the required
elements of the site plan pursuant to the City's Land Development Regulations and
recommendations, Should compliance with recommendations result in a change that
would not be considered "minor" in accordance with Ordinance 2003-167 adopted March
20, 2003; the Applicant shall be required to obtain another approval of the City
Commission.
(3) That the Project shall be developed substantially in accordance with the plan submitted
for public hearing for "ALTAlACSM Land Title Survey and Water, Sewer, Drainage and
Paving marking plan", prepared by Fortin, Leavy, Skiles Inc, consisting of 2 sheets dated
10/15/02 and 9/9/05 and plans entitled, "Da Vinci" prepared by Kobi Karp Architecture
& Interior Design, consisting of 19 sheets date stamp received 11/30/05, plans entitled
"Landscape Plans", prepared by Witkins Design Group consisting of 8 sheets date stamp
received 11/30/05 and lighting plans prepared by Franyie Engineers Inc. date stamp
received 11/30/05. Plans may be modified at public hearing.
(4) That a plot plan be submitted to the Planning and Zoning Administrator, Landscape
Architect and Planning Consultant including their in-house experts, for their review, The
plot plan shall include all easements proffered by the Applicant to the City, including but
not limited to (i) a twenty-three foot (23') wide beach access easement located on the
southern edge of the Property, with an elevator at each of the western and eastern
entrances to the easement; (the "Primary Beach Access Easement") (ii)one beach access
easement along the north property line, being no less than three feet in width, (the ''North
Beach Access Easement") (collectively, the two beach access easements shall be referred
to as "the Beach Access Easements" and shall be designed to coordinate with the beach
access easements of the developments to the north and south of the Project) exactly as
shown on the Site Plan and as represented by the Applicant and recommended by staff to
the City Commission; a ten-foot (10') landscaping streetscape easement as per the City
Streetscape Master Plan (the "Streetscape Easement"), and other amenities, including but
not limited to one shower, one foot bath and one drinking water fountain to be located
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within the Beach Access Easements The plot plan shall show the type and size of plant
materials, which shall be in compliance with the City's Streetscape Master Plan.
(5) That the Applicant shall submit a Declaration of Restrictive Covenants (the
"Declaration") in recordable form, in accordance with the provisions of Section 265-
23.7.1 (e) of the Code of the City of Sunny Isles Beach, acceptable to the Planning and
Zoning Administrator, prior to issuance of a building permit. The Declaration shall
proffer the Beach Access Easements, the landscaping Streetscape Easement and
easements over, across, under and through all of these easements, all of which shall be
fully accessible to the public and clearly designated, by means of signage approved in
writing by the City Manager or its designee, as amenities open to all members of the
public. The twenty-four (24) hour, valet parking services for owners and their guests
shall be included in such Declaration. The requirement that there shall be no self
parking and that all parking shall be by valet services only, which services shall be
provided twenty-four (24) hours a day, seven (7) days per week, for so long as the
Project shall exist, for all owners, guests, employees and other persons entering the
Project, for whatever reason, except for delivery vehicles using the loading docks while
engaged in making deliveries to the Property, and except for persons utilizing
handicapped spaces pursuant to validly issued disabled parking passes, shall be included
in the Declaration and in any Condominium documents recorded on the Property.
(6) The Declaration of Restrictive Covenants shall specify that the proffered Beach Access
Easements shall be fully landscaped and equipped with public amenities including, but
not limited to, benches and lighting and one shower, one foot bath and one drinking water
fountain (the "Public Amenities"), , the location, design and construction of which shall
be subject to the approval of the City Manager. The Applicant shall maintain all of the
easement parcels, including but not limited to the Beach Access Easements, including the
lifts located at each end of the Primary Beach Access Easement, the Landscaping
Streetscape Easement, and all Public Amenities, including the shower, footwash and
drinking water fountain included within the easements, in perpetuity, to a standard
reasonably acceptable to the City Manager.
(7) That the applicant submit evidence of purchase of the required 42,368 square feet and 2
units of TDRs for the approval of the City administration, which shall then, in accordance
with Section 265-23.7.2, of the Code of the City of Sunny Isles Beach, advise the City
Commission that this condition has been met and which shall at the same time submit a
resolution for approval of a revised Bank Statement, adjusted to reflect the approved site
and the units of TDRs attributable to Mully SB LLC which Bank Statement shall also
reflect all approved sites and the units of TDRs attributable to each site.
(8) That the Applicant shall provide the City with a non-refundable deposit in the amount of
ten percent (10%) of the approved purchased price of $3,959,713.30 for the TDRs
purchased from the City Bank. The total amount of the deposit is $395,971. Failure to
pay the required deposit within the three (3) working days of approval of TDR
application and site plan application shall result in an automatic voiding of the City
Commission approval of the Receiving Site, transfer of TDRs, site plan approval.
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(9) That the Applicant shall present evidence of performance to the Planning and Zoning
Administrator of the obligations required to qualify for the following Floor Area Ratio
bonuses under Section 265-35(D)(9)[2](c) of the Code of the City of Sunny Isles Beach.
In the event Applicant has done so prior to issuance of building permit, the Applicant
shall acquire the following Floor Area Ratio Bonuses:
(1) Beach Access Trust Fund
(2) Public Beach Rec. Enhancement
(3) Collins Ave Streetscape
(4) Sunny Isles Public Parking
0.30 FAR
0.50 FAR
0.30 FAR
0.20 FAR
$ 179,130
$ 298,550
$ 179,130
$ 119,420
The total contribution for all Floor Area Ratio bonuses for the development is $776,230
for a total increase in floor area ratio of 1.3 for a maximum floor area ratio of 3.8.
(10) That the applicant comply with all conditions and permit requirements of the Department
of Environmental Resource and Management (DERM), the Fire Department, Water and
Sewer Department, Department of Environmental Protection (DEP), Florida Department
of Transportation (FDOT).
(11) That the Applicant shall submit plans for the construction of an appropriate barrier
between the construction site and adjoining properties in order to minimize blowing of
sand and debris. The Applicant will comply with Chapter 135 and Chapter 193 of the
Code of the City of Sunny Isles Beach relating to the construction site operations. The
Applicant will use its best efforts to minimize vibration and noise during the construction
of the Project.
(12) That Applicant has submitted all documents required under this Resolution and all impact
fees, bonuses, and transfer of development right monies, if applicable, and professional
fees in accordance with Chapter 267 of Code of the City of Sunny Isles Beach and shall
have paid the One Million Dollar Voluntary Mitigation Fee to the City.
(13) That in the event of multiple ownership, a master homeowners' and/or condominium
association shall be established in accordance with applicable regulations to insure that
all common areas and facilities for the residents, as well as all easements dedicated to the
City hereunder shall be maintained in a continuous and satisfactory manner, without
expense to the general taxpayers of the City of Sunny Isles Beach. The original of this
Resolution shall be recorded in the Public Records of Miami-Dade County, Florida, at
the expense of the Applicant, and then shall be maintained in the offices of the City
Clerk of Sunny Isles Beach ,and a copy of this Resolution, after it has been recorded,
and other recorded documents required by this Resolution shall be included in any
condominium documents and/or master homeowners' association documents that may be
recorded for this Project.
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(14) No building permits shall be issued (except for demolition and sales trailers) unless the
applicant has submitted all documents required under this approval and shall have paid
all impact fees, bonuses and Transfer of Development Rights, and all professional fees
(as per Chapter 267 of the Code of Sunny Isles Beach) have been paid.
Conditions to be completed before anv Certificate of Occupancv is issued
(1) That the Applicant demonstrates that it is in compliance with all terms and conditions
under this approval.
(2) Applicant shall pay all fees related to the review of the application described herein and
shall have paid all other fees due to the City.
(3) Pursuant to Section 267-4 of the Code of Sunny Isles Beach, the City Manager and lor
his/her designee in review of any application, may refer any such application presented to
it to such engineering, planning, legal, technical, or environmental consultant or
professional(s) employed by the City as the Manager shall deem reasonably necessary to
enable him/her to review such application as required by law. Charges made by such
consultants or professionals shall be in accord with the charges customarily made for
such services in Miami Dade County, and pursuant to an existing contractual agreement
by and between the City and such consultant. Charges made by the City shall be in
accord with the hourly rates charges by such consultants or hourly rates of employed
professionals and shall be paid within 30 days on submission of City voucher.
(4) Pursuant to Section 267-5 of the Code of Sunny Isles Beach, at the time of submission of
any application or thereafter, it is required that an escrow account be established, from
which withdrawals shall be made to reimburse the City for the cost of professional review
services, if any. The Applicant shall then provide funds to the City for deposit into such
account in an amount to be determined by the City Manager, based on his/her evaluation
of the nature and complexity of the application. The Applicant shall be provided with
copies of any City voucher for such services as they are submitted to the City. When the
balance in such escrow is reduced to one-third (I13) of its initial amount, the Applicant
shall deposit additional funds into such account to bring its balance up to the amount of the
initial deposit. If such account is not replenished within thirty-days (30) after the
Applicant is notified, in writing, of the requirements for such additional deposit, the City
may suspend its review of the application. An application shall be deemed incomplete if
any amount shall be outstanding. A building permit or Certificate of Use and Occupancy
shall not be issued unless all professional review fees charged in connection with the
applicant's project have been reimbursed to the City. Once all pertinent charges have been
paid, the City shall refund to the Applicant any funds remaining on deposit.
(5) That Applicant shall furnish payment and performance bond in an amount determined by
the Building Official to ensure Applicant's performance of public improvements required
pursuant to site plan approval and in accordance with recommendations of the Building
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Official after review of construction plans submitted based on development approval
granted herein. Any such bond shall be issued by a surety having a minimum rating of A-I
in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval
of the City, and shall provide that "this bond may not be cancelled or allowed to lapse until
30 days after receipt by the City, by certified mail, return receipt requested, of written
notice from the issuer of the bond of intent to cancel or not to renew". As improvements
are made the City, within its discretion, may reduce or eliminate the bond amount. These
rights reserved by the City with respect to any construction bond established pursuant to
this section are in addition to all other rights and remedies the City may have under this
Resolution, in law or in equity.
(6) That all overhead utilities adjacent to the public right-of-way on the Project site shall be
placed underground in order to insure the public safety during an evacuation procedure
and to insure the ability of the City to restore public utility service subsequent to a storm
event.
(7) That under grounding of utilities shall be accomplished as mandated by Section 250-09
through 250-16 of the Code of the City of Sunny Isles Beach and the City Streetscape
Master Plan. If not otherwise funded by the Collins A venue Streetscape contribution
provided in Section 265-35, this shall include the purchase, replacement and installation
of light poles that conform to Streetscape Master Plan requirements. The Applicant shall
coordinate with the City Manager on this issue.
(8) That no wall, fence, or visual obstruction of any kind shall be placed within 25 feet of the
Collins A venue public right of way and no such wall or fence shall in any way obstruct
any of the Beach Access Easements. No portion of any of the Beach Access Easements
shall be utilized for vehicular access to the parking garage or to main structure loading
docks. Temporary fences shall abide by Section 265-58 of the Code.
(9) That paving within the front setback shall consist of pavers or other decorative materials
approved by the Building Official. Under no circumstances shall asphalt concrete or
plain concrete be utilized as paving in the front setback.
(10) That the applicant complies with Chapter 104 (Art in Public Places) of the Code of the
Code of Sunny Isles Beach, as amended.
(11) Applicant shall provide one shower, one drinking water fountain and one footwash
facility on the Beach Access Easements.
Other Conditions:
I. That the Applicant shall obtain a Certificate of Occupancy and a Certificate of Use from the
City upon compliance with all terms and conditions. The Certificate of Occupancy and
Certificate of Use shall be subject to cancellation upon violation of any of the conditions.
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2. That the approved site plan shall remain valid for a period of 24-months from the date of
approval. If no building permit is issued within the 24-month time period, the site plan shall
be considered null and void and of no force and effect. Developer may request extension in
accordance with Code Section 265-3(b) (6).
3. That the Applicant shall comply with all City Ordinances applicable to development and
permit approvals.
4. Failure to pay the Ten Percent Deposit within three days of the approval of the purchase price
on December 8, 2005, but in no event later than 5 p.m. on Tuesday, December 13, 2005,
shall result in an automatic voiding of the Commission approval of the Receiving Site, and
transfer of TDR's, site plan pursuant to Section 265-23.5(b)(2) of the TDR Ordinance, each
element of the Application shall be deemed denied, and Applicant shall not be permitted to
refile an application for development of the Property for one year.
NO BUILDING PERMIT SHALL BE ISSUED (EXCEPT FOR DEMOLITION AND
SALES CENTER) UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS
REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL
IMP ACT FEES, BONUSES, THE ONE MILLION DOLLAR VOLUNT ARY
MITIGATION FEE, AND TRANSFER OF DEVELOPMENT RIGHTS TO THE CITY
(IF APPLICABLE), OR OTHERWISE PRODUCED EVIDENCE THAT THE
PERMITTED PRIV ATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III
HEREINABOVE HAVE BEEN TRANSFERRED, PROFESSIONAL FEES PURSUANT
TO SECTION 267 OF CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL
OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND
DEVELOPMENT REGULATIONS.
FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE
CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE
APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH
CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY
RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT
CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT
HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS.
V. SEVERABILITY AND EFFECTIVE DATE.
I. If any section, subsection, clause of provision of this Resolution is held invalid, the
remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions
in conflict herewith shall be and hereby are repealed.
2. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 8th day of December, 2005.
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VOTE: 6-D
Mayor Norman Ede1cup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
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CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Commission
(,/
Moved by: C^rnm,c:::;.~lOi\)f~ ~~e2JAJ
Second by: :1. c e rY\'A-~ c)'~ 1i{~cc..e
Vyes
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no
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no
no
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10
N
ST A TE OF FLORIDA )
)ss:
COUNTY OF DADE )
L JANE A. HINES, City Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that
the above and foregoing is a true and correct copy of Resolution No. o5~Z'~adopted by the
City Commission at its meeting held on the ~day of December, 2005.
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Issued: J d.}' <; J {j r-
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Jane ^ H~' 'e
City Clerk':, ~.....-
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