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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 `M Moved by: >i �,�conded by. l�°/tib v �� �- 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