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HomeMy WebLinkAboutReso 2017-2688 RESOLUTION NO. 2017- ?—(o$�6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,AMENDING RESOLUTION NO. 14-Z-148 TO MODIFY THE REQUIREMENT FOR UNDERGROUNDING UTILITY WIRES TO REQUIRE THE DEVELOPER OF THE RESIDENCE INN BY MARRIOTT PROJECT TO PAY THE COSTS OF THE UNDERGROUNDING OF UTILITY WIRES DIRECTLY TO THE CITY OF SUNNY ISLES BEACH; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Zoning Resolution No. 14-Z-148 ("Resolution"), adopted on November 20, 2014, the City of Sunny Isles Beach approved a site plan application filed by the Applicant of the Residence Inn by Marriott Project for the property located on 17700 Collins Avenue; and WHEREAS, Section 250-12 of the City Code requires developers of new construction projects to underground utility wires along their properties; and WHEREAS, the Applicant is required to pay its pro-rata share for the undergrounding of utility wires along the frontage of its property pursuant to the Resolution and City Code; and WHEREAS, the Applicant has agreed to pay the City the cost of the undergrounding of the utility wires within ninety (90) days from the date of approval of this Resolution; and WHEREAS, the City Commission wishes to modify Resolution No. 14-Z-148 to permit the Applicant to pay directly to the City the costs for undergrounding of the utility wires. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Amendment. The City Commission hereby approves the amendment to Resolution No. 14-Z-148 to modify the requirement for the undergrounding of utility wires to require the Applicant/Developer of Residence Inn by Marriott to pay the costs of the undergrounding directly to the City of Sunny Isles Beach, subject to the conditions set forth in Section 3 below. Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Reso amending Marriott undergrounding Page I of 2 Section 3. Conditions. The Applicant is required to comply with the following conditions: (1) The Applicant/Developer shall pay the amount of$147,795.00 to the City for the cost of undergrounding the utility wires in accordance with Section 250-12 of the City Code and the approval Resolution within ninety (90) days from the adoption of this Resolution. (2) If the Applicant/Developer fails to pay the amount set forth above, the City has the right to take certain actions to collect the required amount for the undergrounding of utility wires including, but not limited to, filing a lien against the property located at 17700 Collins Avenue or denying or revoking the certificate of occupancy that may be issued for the Residence Inn by Marriott in accordance with the zoning approval. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20`h day of pril 21, 2017. George . Scholl, Mayor 1 P _ F TAT 8 A • FF41AJane A. - ins.;MMC, City Clerk APPROVED AS TO FORM AN I • • FFICIENCY: ans I ttinot, City Attorney Moved by: Vitt 1itpg- ao1Lv 1 W Seconded by: COMM. C 4rro Vote: Mayor Scholl ✓ (Yes) (No) Vice Mayor Goldman V1(Yes) (No) Commissioner Aelion to r (Yes) (No) Commissioner Gatto ,/ (Yes) (No) Commissioner Svechin /(Yes) (No) Reso amending Marriott undergrounding Page 2 of 2