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ORDINANCE NO. 2015- 444 <br /> AN ORDINANCE OF THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING <br /> SECTION 104-4.4 OF THE CITY CODE RELATING TO <br /> "ART IN PUBLIC PLACES" TO REQUIRE PAYMENT OF <br /> A TEN PERCENT (10%) NONREFUNDABLE DEPOSIT <br /> FOR THE COST OF THE ART WORK; PROVIDING FOR <br /> SEVERABILITY; PROVIDING FOR REPEALER; <br /> PROVIDING FOR INCLUSION IN THE CODE; <br /> PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, the City desires to require a ten percent (10%) deposit for monetary <br /> contributions made under the Art in Public Places program; and <br /> WHEREAS, the City Commission wishes to amend Chapter 104 to require a ten percent <br /> (10%) nonrefundable deposit if applicants are required to make a monetary contribution. <br /> NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby <br /> ratified and confirmed as being true and correct and are hereby made a specific part by this <br /> Ordinance upon adoption hereof. <br /> Section 2. Amendment. Section 104-4.4 of the City Code is amended to read as follows: <br /> § 104-4.4. Cost of works of art. <br /> A. All applicants that are subject to the provisions of this chapter shall be required to <br /> construct a work of art on the basis of the following cost allocations: <br /> (1) For multifamily and commercial projects, 1% of estimated construction costs, not <br /> exceeding the sum of $500,000, if work of art is constructed in conjunction with a <br /> development project. <br /> (2) In lieu of placement of an approved work of art, the applicant may pay into the <br /> Public Art Trust Fund 1% of estimated construction costs of the development project, <br /> not exceeding the sum of$500,000. <br /> (3) If applicant is required to make a monetary contribution under this section, the <br /> applicant shall be required to pay a ten percent (10%) nonrefundable deposit of the <br /> estimated construction costs not to exceed the sum of $500,000, which shall be paid <br /> within three (3) working days of the date of City Commission approval of the <br /> application. <br /> Deposit requirements—Art and Design flexibility Page 1 of 2 <br />