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RESOLUTION NO. 2016-251J <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 18555 <br /> DEVELOPERS, LLC, IN SUBSTANTIALLY THE SAME FORM <br /> ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE <br /> MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING <br /> THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL <br /> THINGS 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 /> 13th, 2007 to implement Public School Concurrency; and <br /> WHEREAS, the City approved a site plan application pursuant to Zoning Resolution No. <br /> 11-Z-123 adopted on November 17, 2011 and 12-Z-129 on May 10, 2012 for a development <br /> known as "Porsche" (the "Project") consisting of a residential tower with 132 dwelling units <br /> located at 18555 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, 18555 <br /> Developers, LLC (the "Applicant") and the City requiring the Applicant to provide mitigation <br /> proportionate to the demand for public school facilities created by the Project and requiring the <br /> City to withhold Certificate of Occupancy until the mitigation payments have been made by the <br /> 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, 18555 <br /> Developers 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 /> Section 3. Authorization of City Manager and City Attorney. The City Manager and City <br /> Attorney are authorized to do all things necessary to effectuate the terms of the Agreement. <br /> Approving Porsche Proportionate share Mitigation Agreement Page I ort <br />