HomeMy WebLinkAboutReso 2023-3562RESOLUTION NO. 2023- 1,5�,)-P---
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A LETTER AGREEMENT BETWEEN LA PLAYA BEACH
ASSOCIATES, LLC AND THE CITY OF SUNNY ISLES BEACH FOR CONSENT TO, AND
APPROVAL OF, AN APPLICATION FOR A COASTAL CONSTRUCTION CONTROL
LINE PERMIT FOR SAND PLACEMENT AND OTHER RELATED ACTIVITIES,
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, La Playa Beach Associates, LLC ("La Playa"), is the developer of the St. Regis
Residences ("Project"); and
WHEREAS, La Playa, including its successors and assigns, seeks the City of Sunny Isles
Beach's ("City") consent to, and approval of, an application for a Coastal Construction Control
Line ("CCCL") Permit from the Florida Department of Environmental Protection ("FDEP") for
sand placement and other related activities ("Sand Placement") for the Project; and
WHEREAS, such consent and approval is contingent upon adherence the terms and
conditions set forth in Zoning Resolution Nos. 15-Z-156, 16-Z-158, and 22-Z-189; and
WHEREAS, additional terms and conditions have been outlined in a Letter Agreement
entered into between La Playa and the City for the Sand Placement, attached hereto as Exhibit
"A"; a n d
WHEREAS, the City Commission wishes to approve a Letter Agreement with La Playa for
the Sand Placement at the Project, attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Letter Agreement. The City Commissioner hereby approves the
Letter Agreement between the City of Sunny Isles Beach and La Playa Beach Associates, LLC for
consent to, and approval of, an application for a Coastal Construction Control Line Permit for
sand placement and other related activities at the St. Regis Residences Project, in accordance
with the terms and conditions set forth therein.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Resolution.
Section 3. Effective Date. This Resolution shall become effective immediately upon it
adoption.
R2023 LOA w La Playa Beach for Sand Placement at St Regis Page 1 of 2
PASSED AND ADOPTED upon this 21s' day of ember 2023.
ATTEST:
Mauricio tetancur,
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
City Clerk AI in E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
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Moved by: >i �,�conded by. l�°/tib v
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Vote:
Mayor Svechin
Vice Mayor Joseph
Commissioner Lama
Commissioner Stuyvesant
Commissioner Viscarra
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
R2023 LOA w La Playa Beach for Sand Placement at St Regis Page 2 of 2
City Commission
Larisa Svechin
Mayor Via Regular U.S. Mail
September 20, 2023
Jerry Joseph
Vice Mayor
La Playa Beach Holdings, LLC
Alex Lama
c/o Ronald L. Choron
Commissioner
1300 Brickell Avenue
Fabiola Stuyvesant
Commissioner
Miami FL 33131
Jeniffer Viscarra
Commissioner
RE: Letter Agreement for Sand Placement Related to St. Regis Residences
Dear Mr. Choron:
Stan Morris
City Manager
This Letter Agreement memorializes the agreement entered into, by and between,
a lk, Cncur
C Clerk, MC the developer of the St. Regis Residences ("Project"), specifically La Playa Beach
Associates, LLC ("La Playa"), including its successors and assigns, and the City of
Sunny Isles Beach ("City"), for the City's consent to, and approval of, the
application for a Coastal Construction Control Line ("CCCL") Permit from the
Florida Department of Environmental Protection ("FDEP") for sand placement and
other related activities, in accordance with the mandatory express conditions of
approval set forth in Resolution Nos. 22-Z-189, 16-Z-158, and 15-Z-156, and
pursuant to and contingent upon the additional terms and conditions set forth herein:
TERMS AND CONDITIONS:
A. A new survey of existing beach conditions must be completed with updated
elevations at the time construction plans for the sand placement are developed; and
B. The proposed cross sections of the beach at the time the construction plans for the
sand placement are developed shall conform to the maximum elevations permitted
by Miami -Dade County and the Army Corps of Engineers; and
C. La Playa agrees to take all steps necessary, at La Playa's sole expense, to complete
the sand placement as per City's approval, inclusive of sand placement below the
Mean High Water Line (MHWL) if necessary to maintain the above-mentioned
maximum elevations; and
D. The sand placement must be approved by all applicable agencies, including but not
limited to, the Miami -Dade County Department of Regulatory and Economic
Resources ("RER") (formerly the Miami -Dade County Department of
Environmental Resources Management "DERM"), and the City; and
Letter Agreement for Sand Placement
September 20, 2023
Page 1 of 3
CITY OF SUNNY ISLES BEACH GOVERNMENT CENTER • 18070 COLLINS AVENUE- SUNNY ISLES BEACH, FL 33160 • SIBFL.NET
City Commission
La oSvechin
Mayor
E. The sand placement should be. completed as soon as practicable, however, to ensure
r
Jerry Joseph the completion of the sand placement, La Playa, including its successors and assigns,
Vice Mayor shall be bound by the following:
Alex Lama
Commissioner 1. If all applicable permits for the sand placement have not been applied for at the time
Fabiola Stuyvesant a Temporary Certificate of Occupancy ("TCO") for Phase II of the Project is
Commissioner
Jeniffer Viscarra requested from the City, La Playa will deposit 100% of the estimated cost of the
Commissioner sand placement into escrow, in trust for the City and La Playa, to be held and
distributed by the escrow agent selected by mutual agreement between La Playa and
City, in accordance with the terms of this Agreement and an Escrow Agreement to
Stan Morris be entered into and executed by La Playa and the City; or
City Manager
Mauricio Betancur 2. If all applicable permits for the sand placement have been applied for, but not yet
City Clerk, CMC issued, at the time a TCO for Phase II of the Project is requested from the City, La
Playa will deposit 50% of the estimated cost of the sand placement into escrow, in
trust for the City and La Playa, to be held and distributed by the escrow agent
selected by mutual agreement between La Playa and City, in accordance with the
terms of this Agreement and an Escrow Agreement to be entered into and executed
by La Playa and the City; or
3. If all applicable permits for the sand placement have been approved and issued at
the time a TCO for Phase II of the Project is requested from the City, La Playa will
deposit 25% of the estimated cost of the sand placement into escrow, in trust for the
City and La Playa, to be held and distributed by the escrow agent selected by mutual
agreement between La Playa and City, in accordance with the terms of this
Agreement and an Escrow Agreement to be entered into and executed by La Playa
and the City; and
4. The estimated cost of the sand placement shall be agreed upon by both La Playa and
the City. In the event La Playa and the City cannot agree upon an estimated cost, the
City's estimated cost shall prevail; and
5. The escrow amount held pursuant to this Agreement and any ensuing escrow
agreement shall be held as a trust fund and shall not be subject to any lien,
attachment, trustee process or any other judicial process of any creditor of any party
hereto.
If the terms and conditions set forth above are satisfactory, please execute and date
this letter in the space provided below and return it to me on or before 12:00 pm on
Thursday, September 21, 2023.
Letter Agreement for Sand Placement
September 20, 2023
Page 2 of 3
CITY OF SUNNY ISLES BEACH GOVERNMENT CENTER • 18070 COLLINS AVENUE- SUNNY ISLES BEACH, FL 33160 o SIBFL.NET
City Commission
Larisa Svechin
Mayor
Jerry Joseph
Vice Mayor
Alex Lama
Commissioner
Fabiola Stuyvesant
Commissioner
Jeniffer Viscarra
Commissioner
Stan Morris
City Manager
Mauricio Betancur
City Clerk, CMC
By: ;Ga
Ronald L. Choron
Authorized
La Playgl
Manuel Grosskc
Authorized Age
La Playa Beach
Holdings,
�4
Print N me
Date: �1'?% -3
Date:
Should you have any questions, please feel free to contact me at (305) 792-1776 or
by email at smorris(cbsibfl.net
Sincerely,
Stan Morris
City Manager
cc: Susan Simpson, Deputy City Manager
Amy Canales, Planning & Zoning Director
Clayton Parker, Building Official
Richard Labinsky, City Engineer
Alain E. Boileau, City Attorney
Letter Agreement for Sand Placement
September 20, 2023
Page 3 of 3
CITY OF SUNNY ISLES BEACH GOVERNMENT CENTER • 18070 COLLINS AVENUE- SUNNY ISLES BEACH, FL 33160 • SIBFL.NET
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
'LP Cr 4)f Fi.O�l�U 4L
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Susan Simpson, Deputy City Manager
DATE: September 21, 2023
RE: Letter Agreement with the Development Project Known as St. Regis for
Beach Sand Placement
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The St. Regis development project (Project) is required to replace the quantity of excavated sand from
their project that lies eastward of the Coastal Construction Line onto the beach within city limits. This
area has an estimated volume of 82,000 cubic yards of sand. A plan for this placement is a component
of the application to the Department of Environmental Protection.
The Project is at a stage wherein they need to get this approval from DEP to continue without delay.
We are not in agreement with the proposed plan as it is currently designed to raise the existing
elevation of our beach by 18" up to the dune and/or property lines. There are many areas in the city
where the current elevation is too high for the adjacent property or beach access. To add 18 more
inches on top would be a detriment to our beachfront.
As the actual sand placement will not take place for a few years, conditions may change. In an effort
to keep this project on schedule, the City is agreeing to submit the proposed plan to DEP with the
attached Letter Agreement between the Project and the City. This is to ensure that before any sand
Item Number: 10.11
453
placement plan is approved by D E P, the Project will complete a new exis.ng condi.ons survey of the
beach, including exis.ng eleva.ons, and the plan will be reevaluated and redesigned to maintain the
current maximum allowable eleva.ons per Miami-D ade C ounty D E R M and the A rmy C orp of
Engineers.
The P roject agrees to take all steps necessary to complete the sand placement project as per city ’s
approval inclusive of sand placement eastward of the exis.ng beach if necessary to maintain those
levels, including financing of same.
ADDITIONAL INFORMATION:
The S t. Regis Residences development project, formally known as La Playa Varadero, received site plan
approval on N ovember 19, 2015 via Resolu.on 15-Z-156. C ondi.on #31 of this resolu.on states, “A ll
sand excavated from the property including sand from the western side of the Coastal C onstruc.on
C ontrol Line ("C C C L ") shall be cleaned and shall remain on the beach for re- nourishment purposes in a
loca.on to be determined by M iami- D ade C ounty Regulatory and Economic Resources ("R E R ")
(formerly M iami-Dade C ounty D epartment of E nvironmental Resources M anagement "D E R M ").” T he
site plan has modified several .mes, via resolu.ons 16-Z-158 and 22-Z-189. In these modifica.ons, the
condition of approval remains.
ATTACHMENTS:
Resolution
Letter Agreement
Item Number: 10.R