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RESOLUTION NO. 2015- 21-I I° <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 BEACH <br /> CLUB ACQUISITION, LLC. ALSO KNOWN AS TURNBERRY <br /> OCEAN CLUB PROJECT LOCATED AT 18501 COLLINS <br /> AVENUE, IN SUBSTANTIALLY THE SAME FORM ATTACHED <br /> HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO <br /> EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY <br /> ATTORNEY AND THE CITY MANAGER TO DO ALL THINGS <br /> 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 /> 13`h, 2007 to implement Public School Concurrency; and <br /> WHEREAS, the City approved a site plan application pursuant to Zoning Resolution No. <br /> 14-Z-143 adopted on July 31', 2014 for a development known as "Tumberry Ocean Colony" (the <br /> "Project") consisting of a residential 52-story tower with 154 dwelling units located at 18501 <br /> 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, Beach <br /> Club Acquisition. 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, Beach Club <br /> Acquisition, LLC and the City is hereby approved in substantially the same form as the attached <br /> 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 /> Tumberry Proportionate Share Mitigation Agreement Page I of 2 <br />