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RESOLUTION NO. 2014 -_53 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A PUBLIC SCHOOL CONCURRENCY PROPORTIONATE SHARE bHTIGATION DEVELOPMENT AGREEMENT BETWEEN THE SCHOOL BOARD OF MIAMI -DADE COUNTY AND PMG -S2 SUNNY ISLES, LLC, i\ SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the School Board of Miami -Dade County (the "School Board ") and the City of Sunny Isles Beach (the "City") entered into an Amended and Restated Interlocal Agreement for Public School Facility Planning pursuant to Resolution No. 2007 -1192 adopted on December 13`, 2007 to implement Public School Concurrency; and WHEREAS, the City approved a site plan application pursuant to Zoning Resolution No. 14 -Z -140 adopted on July 17th, 2014 for a development known as "Muse" (the "Project') consisting of a residential 48 -story tower with 68 dwelling units located at 17141 Collins Avenue: and WHEREAS, the Project was approved subject to compliance with Public School Concurrency requirements; and WHEREAS, the School Facility level of service may be satisfied by executing a binding Proportionate Share Mitigation Agreement (the "Agreement') between the School Board, PMG- S2 Sunny Isles, LLC (the "Applicant') and the City requiring the Applicant to provide mitigation proportionate to the demand for public school facilities created by the Project and requiring the City to withhold all building permits until the mitigation payments have been made by the Applicant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the Proportionate Share Mitigation Agreement. The Proportionate Share Mitigation Agreement between the School Board of Miami -Dade County, PMG -S2 Sunny Isles, LLC and the City is hereby approved in substantially the same form as the attached Exhibit Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the Agreement in substantially the same form as the attached Exhibit "A ". Section 3. Authorization of City Manager and Citv Attorney. The City Manager and City Attomev are authorized to do all things necessary to effectuate the terms of the Agreement. Approving Proportionate Share Mitigation Agreement Paee I of 2