2013-28428 Reso RESOLUTION NO: 2013-28428
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE APPROPRIATION OF AN
AMOUNT NOT TO EXCEED $100,000 TO IMPLEMENT THE PREVIOUSLY
APPROVED SETTLEMENT AGREEMENT WITH THE SEVILLE
ACQUISITION, LLC FOR THE CONSTRUCTION OF AN ELEVATED
BEACHWALK AND USE OF RUBBERIZED PAVERS BEHIND THE
MARRIOTT EDITION HOTEL AT 29 STREET AND COLLINS AVENUE
SUBJECT TO FUTURE APPROPRIATION THROUGH A BUDGET
AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2013/14 TO
BE PRESENTED AT THE DECEMBER 11, 2013 COMMISSION MEETING.
WHEREAS, replacement of the wooden boardwalk and construction of an at-
grade paver beachwalk east of the Erosion Control Line on the State-owned beach west
of the dune has been a policy of the City for at least the last decade, an adopted policy
of the City's Comprehensive Plan, and of the Atlantic Greenway Network, and a goal of
the Administration and City Land Use Boards as part of their review of abutting projects;
and
WHEREAS, the policy has been predicated upon the notion that the wooden
boardwalk has a limited life span, and that while the State would allow repairs, it would
not allow expansion or replacement, and given the opportunities provided by private
development abutting the boardwalk for its replacement, the City pursued private
participation in the replacement effort; and
WHEREAS, the design and degradation of the boardwalk contributed to personal
injuries to users, and undesirable use by criminals, the homeless and feral cats; and
WHEREAS, Seville Acquisition, LLC has proffered the construction of the at-
grade paver beachwalk between 29 and 30 Streets as part of its reconstruction,
renovation and restoration of the historic Seville Hotel at 29 Street and Collins Avenue
into the Marriot Edition Hotel; and
WHEREAS, the City has approved such construction through Planning Board,
Historic Preservation Board, and Board of Adjustment orders; and
WHEREAS, the City Commission has requested clarification of the State policy
regarding repair, expansion and replacement of the boardwalk, though such clarification
had resulted in a delay of issuance of approvals to commence demolition to the historic
Seville Hotel; and
WHEREAS, the City and Seville Acquisition, LLC negotiated a Settlement
Agreement to permit the demolition of the boardwalk to accomplish its phasing
construction plan, but to allow time to investigate an elevated site plan with an
alternative "jogging-friendly" surface; and
WHEREAS, the Settlement Agreement between the City and Seville Acquisition,
LLC was approved by the City Commission and executed by the City Manager and the
City Attorney on June 5, 2013; and
WHEREAS, the Florida Department of Environmental Protection (FDEP)
approved the permit modifications for the construction of an elevated site plan with
rubberized pavers; and
WHEREAS, the difference in cost between the modified elevated site plan
permitted by FDEP and the original beachwalk design is an amount not to exceed
$100,000.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve the appropriation of an amount not to exceed $100,000 to
implement the previously.approved settlement agreement with the Seville acquisition,
LLC for the construction of an elevated beachwalk and use of rubberized pavers behind
the Marriott Edition Hotel at 29 Street and Collins Avenue subject to future appropriation
through a budget amendment to the capital budget for fiscal year 2013/14 to be
presented at the December 11, 2013 Commission meeting.
PASSED and ADOPTED this day of , 2013.
ATTEST:
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T:\AGENDA\2013\December 11\Seville Settlement Agreement RESO.docx
2
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving The Appropriation Of An Amount Not To Exceed $ 100,000 To Implement The
Previously Approved Settlement Agreement With The Seville Acquisition, LLC For The Construction Of An
Elevated Beachwalk and Use Of Rubberized Pavers Behind The Marriott Edition Hotel At 29th Street And
Collins Avenue, Subject To Future Appropriation Through A Budget Amendment To The Capital Budget
For Fiscal Year 2013/14 To Be Presented At The December 11, 2013 Commission Meeting.
Key Intended Outcome Supported:
Enhance Mobility throughout the City and Enhance the environmental sustainability of the community.
Supporting Data (Surveys, Environmental Scan, etc.): In the 2012 Citywide Survey, 48% of the
respondents would be willing to use bicycles as an alternative form of transportation and 63.7% of
respondents stated that here were"too few" bike paths/lanes.
Item Summa /Recommendation:
On October 9,2012,the Historic Preservation Board passed a resolution encouraging the Commission to
consider the retention of the elevated wooden boardwalk and for the City to engage the State in exploring
the possibility of developing a process to allow the approval of the elevated boardwalk structures. During
the Dr. Stanley Sutnick Citizen's Forum, at the February 6,2013 Commission meeting,a motion was made
and approved by acclamation giving the Administration direction that future segments of the beachwalk
should be elevated in order to have an ocean view. Following this motion the City Commission referred
discussion of boardwalk matters to the Land Use and Development Committee (LUDC).
At the April 23, 2013, LUDC meeting, a motion was adopted indicating that there was a consensus
reached on keeping the existing, raised boardwalk, and that priority is to be given to completing the
beachwalk link between 46 and 64 Streets, and then study the potential of adding a bike path at grade,
adjacent to the existing raised boardwalk.
At the May 8,2013,Commission meeting, during the Dr. Stanley Sutnick Citizen's Forum, representatives
from the Seville Marriott project at 29 Street and Collins Avenue appeared and spoke to the Commission
about their impending development and the difficulty of changing course with the treatment of the rear of
their property if they were required to retain the Boardwalk after designing their project to interface with a
grade level beachwalk. The City Commission set a special meeting for May 20,2013 to discuss the matter
further.On May 20,2013,the City Commission approved the removal of the boardwalk from 23 Street to 24
Street.At this meeting, the City Commission called for an executive session to further discuss the lawsuit
filed by the Seville Marriott.
On June 6, 2013, the City entered into a Settlement Agreement(Agreement)with the Seville Acquisition,
LLC. The Agreement between the Seville and the City allowed the Seville to proceed to partially demolish
the boardwalk, between 29 and 30 Streets, based upon their need to continue construction in the rear of
their property,as contemplated by their construction phasing plan. In August,the City submitted a revised
permit application to the Florida Department of Environmental Protection(FDEP)to address the issues of
concern raised to the City Commission by users of the boardwalk, namely to maintain a view of the ocean
and to attempt to provide a more friendly surface for joggers. The FDEP has approved the modified permit
application that includes raising the elevation of portions this segment of the beachwalk approximately one
foot above the originally designed grade and inclusion of rubberized pavers along the north/south portion of
the pathway. Per the Agreement, the Seville agrees to construct the elevated site plan as long as the City
provides the funds for the difference in cost between the original and elevated designs. The difference
between the original design and the elevated site plan is an amount not to exceed $100,000.
Advisory Board Recommendation:
n/a
Financial Information:
Source of Amount Account
Funds
1 $
Total $
Financial impact Summary:
City Clerk's Office Legislative Tracking:
Elizabeth Wheaton ext. 6121
Sign-Offs:
Department Director Assistan er City Hager
ETC JLM
T:\AGENDA\2013\December 11\Seville Settlement Agreement SUMM.doc
Agenda Item
Date -/
® MIAMI BEACH Z
MIAMIBEACH
COMMISSION
MEMORANDUM
TO: Mayor Philip Levine and Members the City mmission
FROM: Jimmy L. Morales, City Manager
DATE: December 11, 2013
SUBJECT: A RESOLUTION OF THE MA R AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APP OVING THE APPROPRIATION OF AN AMOUNT
NOT TO EXCEED $100,000 TO IMPLEMENT THE PREVIOUSLY APPROVED
SETTLEMENT AGREEEMENT WITH THE SEVILLE ACQUISITION, LLC FOR THE
CONSTRUCTION OF AN ELEVATED BEACHWALK AND USE OF RUBBERIZED
PAVERS BEHIND THE MARRIOTT EDITION HOTEL AT 29 STREET AND COLLINS
AVENUE SUBJECT TO FUTURE APPROPRIATION THROUGH A BUDGET
AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2013/14 TO BE
PRESENTED AT THE DECEMBER 11, 2013 COMMISSION MEETING.
RECOMMENDATION
Adopt the Resolution.
FUNDING
The difference in construction costs associated with the elevated beachwalk design will be
funded subject to future appropriation, in an amount not to exceed $100,000, through a budget
amendment to the Capital Budget to be presented at the December 11, 2013 Commission
meeting.
BACKGROUND
On October 9, 2012, the. Historic Preservation Board passed a resolution encouraging the
Commission to consider the retention of the elevated wooden boardwalk and for the City to
engage the State in exploring the possibility of developing a process to allow the approval of the
elevated boardwalk structures.
During the Dr. Stanley Sutnick Citizen's Forum, at the February 6, 2013 Commission meeting, a
motion was made and approved by acclamation giving the Administration direction that future
segments of the beachwalk should be elevated in order to have an ocean view. Following this
motion the City Commission referred discussion of boardwalk matters to the Land Use and
Development Committee (LUDC).
At the April 23, 2013, LUDC meeting, a motion was adopted indicating that there was a
consensus reached on keeping the existing, raised boardwalk, and that priority is to be given to
Memo to Commission— Seville Beachwalk
December 11, 2013
Page.2 of 2
completing the beachwalk link between 46 and 64 Streets, and then study the potential of
adding a bike path at grade, adjacent to the existing raised boardwalk.
At the May 8, 2013, Commission meeting, during the Dr. Stanley Sutnick Citizen's Forum,
representatives from the Seville Marriott project at 29 Street and Collins Avenue appeared and
spoke to the Commission about their impending development and the difficulty of changing
course with the treatment of the rear of their property if they were required to retain the
Boardwalk after designing their project to interface with a grade level beachwalk. The City
Commission set a special meeting for May 20, 2013 to discuss the matter further.
On May 20, 2013, the City Commission approved the removal of the boardwalk from 23 Street
to 24 Street. At this meeting, the City Commission called for an executive session to further
discuss the lawsuit filed by the Seville Marriott.
On June 6, 2013, the City entered into a Settlement Agreement (Agreement) with the Seville
Acquisition, LLC. The Agreement between the Seville and the City allowed the Seville to
proceed to partially demolish the boardwalk, between 29 and 30 Streets, based upon their need
to continue construction in the rear of their property, as contemplated by their construction
phasing plan.
In August, the City submitted a revised permit application to the Florida Department of
Environmental Protection (FDEP) to address the issues of concern raised to the City
Commission by users of the boardwalk, namely to maintain a view of the ocean and to attempt
to provide a more friendly surface for joggers. The FDEP has approved the modified permit
application that includes raising the elevation of portions this segment of the beachwalk
approximately one foot above the originally designed grade and inclusion of rubberized pavers
along the north/south portion of the pathway.
Per the Agreement, the Seville agrees to construct the elevated site plan as long as the City
provides the funds for the difference in cost between the original and elevated designs. The
difference between the original design and the elevated site plan shall,not exceed $100,000.
CONCLUSION
Administration recommends approving the appropriation of an amount not to exceed $100,000
to implement the previously approved Settlement Agreement with the Seville Acquisition, LLC
for the construction of an elevated beachwalk and use of rubberized pavers behind the Marriott
Edition Hotel at 29 Street and Collins Avenue.
ffUC JJF/BAM/ESW
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