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Home My WebLink AboutReso 2024-3609RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A LETTER AGREEMENT BETWEEN 18401 DEVELOPERS, 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, 18401 Developers, LLC (the "Developer"), is the developer of the Bentley Residences ("Project"); and WHEREAS, the Developer, 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 No. 21-Z-182; and WHEREAS, additional terms and conditions have been outlined in a Letter Agreement entered into between the Developer and the City for the Sand Placement, attached hereto as Exhibit "A"; and WHEREAS, the City Commission wishes to approve a Letter Agreement with the Developer 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 18401 Developers, 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 Bentley 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. @BCL@F40AF3E2.doc Page 1 of 2 261 PASSED AND ADOPTED upon this 18th day of%lanuAry, 2024. Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A—"-44L� ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney � a Moved by: %- /* 44�,P ! .� Seconded by: WtA��/�� Vote: / Mayor Svechin✓ Yes) tYes) (No) Vice Mayor Lama (No) Commissioner Joseph Yes) (No) Commissioner StuyvesantZy es) (No) Commissioner Viscarra es) (No) @BCL@F40AF3E2.doc Page 2 of 2 262 Larisa Svechin January 18, 2024 Mayor Alex Lama Via Regular U.S. Mail Vice Mayor & E -Mail: rthompson cr.dezer.coni Jerry Joseph Commissioner 18401 Developers, LLC Fabiola Stuyvesant c/o Robert Thompson, VP of Construction Commissioner 18001 Collins Avenue, 31" Floor Jeniffer Viscarra Sunny Isles Beach, FL 33160 Commissioner Stan Morris RE: Letter Agreement for Sand Placement Related to Bentley Residences City Manager Mauricio Betancur Dear Mr. Thompson: City Clerk, CMC This Letter Agreement memorializes the agreement entered into, by and between, the developer of the Bentley Residences ("Project"), specifically 18401 Developers, LLC ("Developer"), including its successors and assigns, and the City of Sonny 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 No. 21-Z-182, 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. Developer agrees to take all steps necessary, at Developer'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 CITY OF SUNNY ISLES BEACH GOVERNMENT CENTER -18070 COLLINS AVENUE - SUNNY ISLES BEACH, FL 33160 - SIBFL.NET LaoSvechin Mayor r E. The sand placement should be completed as soon as practicable, however, to ensure Alex Lama the completion of the sand placement, Developer, including its successors and Vice Mayor assigns, shall be bound by the following: Jerry Joseph Commissioner 1. If all applicable permits for the sand placement have not been applied for at Fabiola Stuyvesant the time a Temporary Certificate of Occupancy ("TCO") for the Project is Commissioner requested from the City, Developer will deposit 100% of the estimated cost Jeniffer Viscarra of the sand placement into escrow, in trust for the City and Developer, to be Commissioner held and distributed by the escrow agent selected by mutual agreement Stan Morris between Developer and City, in accordance with the terms of this Agreement City Manager and an Escrow Agreement to be entered into and executed by Developer and Mauricio Betancur the City; or City Clerk, CMC 2. If all applicable permits for the sand placement have been applied for, but not yet issued, at the time a TCO for the Project is requested from the City, Developer will deposit 50% of the estimated cost of the sand placement into escrow, in trust for the City and Developer, to be held and distributed by the escrow agent selected by mutual agreement between Developer and City, in accordance with the terms of this Agreement and an Escrow Agreement to be entered into and executed by Developer and the City; or 3. If all applicable permits for the sand placement have been approved and issued at the time a TCO for the Project is requested from the City, Developer will deposit 25% of the estimated cost of the sand placement into escrow, in trust for the City and Developer, to be held and distributed by the escrow agent selected by mutual agreement between Developer and City, in accordance with the terms of this Agreement and an Escrow Agreement to be entered into and executed by Developer and the City; and 4. The estimated cost of the sand placement shall be agreed upon by both Developer and the City. In the event Developer 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 fiend 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 Wednesday, January 24, 2024. CITY OF SUNNY ISLES BEACH GOVERNMENT CENTER • 18070 COLLINS AVENUE - SUNNY ISLES BEACH, FL 33160 • SIBFL.NET City Commission AGR D Td) AND ACC TED Larisa Svechin Mayor Alex Lama t. Vice Mayor By. Jerry Joseph A horized Agent Commissioner 18401 Developers, LLC m a Stuyvesant Commissioner Commssioner Jeniffer Viscarra Print Name Commissioner Stan Morris City Manager WITH SS Mauricio Betancur City Clerk, CMC Print Name WIX Date: M120Z� Should you have any questions, please feel free to contact me at (305) 792-1776 or by email at smorrisa sibfl.net Sincerely, A Ae-,," 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 CITY OF SUNNY ISLES BEACH GOVERNMENT CENTER • 18070 COLLINS AVENUE • SUNNY ISLES BEACH, FL 33160 - SIBFL,NET 4 � frx yr suy�.a h�� City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (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: January 18, 2024 RE: Letter Agreement with the Development Project Known as Bentley Residences for Beach Sand Placement RECOMMENDATION: Staff recommends approval of this Resolution. J W V. for1.79 The Bentley Residences development project (Project) is required to replace the quantity of excavatec sand from their project site that lies eastward of the Coastal Construction Line onto the beach within city limits. This area has an estimated volume of 15,678 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 place the sand on non- contiguous areas along the beach and raise the existing sand elevation above the desired maximum height of 7'. 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 placement plan is approved by DEP, the Project will complete a new existing conditions survey of the Item Number: 10.K 259 beach, including existing elevations, and the plan will be reevaluated and redesigned to maintain the current maximum allowable elevations per Miami -Dade County DERM and the Army Corp c Engineers. The Project agrees to take all steps necessary to complete the sand placement project as per city's approval inclusive of sand placement eastward of the existing beach if necessary to maintain those levels, including financing of same. ADDITIONAL INFORMATION: The Bentley Residences development project received site plan approval on September 14, 2021 via Resolution 21-Z-182. Condition. #4 under the "Other Conditions" section of this resolution states, "All sand excavated from the property including sand from the western side of the Coastal Construction Control Line ("CCCL") shall be cleaned and shall remain on the beach for re- nourishment purposes in location to be determined by Miami- Dade County Regulatory and Economic Resources ("RER" (formerly Miami -Dade County Department of Environmental Resources Management "DERM")." Th site plan has not been modified since its original adoption. ATTACHMENTS: Resolution Letter Agreement Item Number: 10.K 260