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RESOLUTION NO. 2015- 24 -75 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AMENDING RESOLUTION NOS. 01 -Z -59 AND 05 -Z -97 TO MODIFY THE REQUIREMENT FOR UNDERGROUNDING UTILITY LINES TO REQUIRE THE DEVELOPER OF THE SOLE ON THE OCEAN PROJECT TO PAY THE COSTS OF THE UNDERGROUNDING DIRECTLY TO THE CITY OF SUNNY ISLES BEACH; PROVIDING THE CITY MANAGER AND CITY ATTORINEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Zoning Resolution No. 01 -Z -59 approve on February 22. 2001, and later modified on October 11; 2005 by Zoning Resolution No. 05 -Z -97 (`Resolutions'), the City of Sunny Isles Beach approved a site plan application filed by the Applicant of Sole on the Ocean Development Project located at 17315 Collins Avenue; and WHEREAS, Section 250 -12 of the City Code requires developers of new construction projects to underground utility lines along the front of their properties-, and WHEREAS, the Applicant is required to pay its pro -rata share for the undergrounding of utility lines along the frontage of its property pursuant to the Resolutions and City Code; and WHEREAS, the Applicant has agreed to pay the City the costs of undergrounding the utility lines within One Hundred Twenty (120) days from the date of approval of this Resolution; and WHEREAS, the City Commission wishes to modify the approval Resolutions to permit the Applicant to pay directly to the City the costs for undergrounding of the utility lines. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Amendment. The City Commission hereby approves the amendment to Resolution Nos. 01 -Z -59 and 05 -Z -97 to modify the requirement for the undergrounding of utility lines to require the Applicant/Developer of Sole on the Ocean to pay the costs of undergrounding directly to the City of Sunny Isles Beach; subject to the conditions set forth in Section 3 below. The Commission further approves the as -built plans submitted on May 2, 2011 during building permitting process. Section 2. Authorization of Citv Manager and Citv Attomev. The City Manager and the City Attomey are hereby authorized to do all things necessary to effectuate this Resolution. R2015- Sole Undereroundine Pan I of 2