Title
A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute The Attached Amended Right Of Way License Agreement Between Stephen And Jodi Straley And The City Of Hollywood, And Authorizing The Appropriate City Officials To Sign Outside Agency Permit Applications For Seawall Construction Adjacent To 5409 North Surf Road, In The City Right Of Way Reconstructing And Extending The Existing Seawall And Requiring The Seawall To Be Maintained In Perpetuity.
Strategic Plan Focus
Infrastructure & Facilities
Body
Staff Recommends: Consideration of the Resolution.
Explanation:
On February 19, 2025 the City Commission approved a Right-of-Way License Agreement (“Agreement”) allowing the owners, Stephen J. Straley and Jodi L. Straley (“Owners”), to obtain all necessary permits to remove, reconstruct and extend the existing seawall in the public right of way to the north along a line approximately 30 feet from the eastern property line of 5409 North Surf Road (“Property”) at their expense and to maintain the entire seawall in perpetuity.
Following this approval, the Owners informed the City they were unable to obtain the City’s required insurance, specifically the standard general liability insurance for the life of the seawall, and they are requesting to eliminate this requirement from the agreement. It should be noted the existing seawall needs repairs and is currently uninsured.
General liability insurance is also required during construction and this requirement is being maintained.
There is also some general clean-up to the agreement. The Owner’s request letter is attached and states they made, “revisions to the License Agreement primarily with respect to Articles 6, 7 and 8 … we now feel the License Agreement is realistic in today’s insurance environment and respectfully request that you approve the revised License Agreement”.
February 19, 2025 Agenda Item: City of Hollywood - File #: R-2025-061
BACKGROUND
The current Owners (Stephen J. Straley and Jodi L. Straley) of 5409 North Surf Road have a desire to rebuild and expand an existing seawall that was built on the east side of the unimproved right-of-way, as described in Exhibit “A”, along the southern half of their Property in the early 1950’s.
The Owners will obtain all necessary permits to remove and reconstruct the existing seawall and extend this structure to the north of their Property at their expense and will also maintain the entire seawall in perpetuity. The seawall will be built to match the height of the existing adjacent (south) seawall remaining (outside of scope).
To achieve this, a City of Hollywood Right-of-Way License Agreement (“Agreement”) is required. There is no evidence of a previous agreement. In addition, other agency permits are required, that the Owners will pay for, and the City will be the permit holder for those permits.
Through the Agreement, the City gives permission to the Straleys to apply for the permits required. In addition, during construction, the Agreement will require liability insurance, and will indemnify and hold harmless the City, along with other terms and conditions including the requirement for the owners and their successors to maintain the seawall.
The portion of unimproved public right-of-way that will ultimately be surrounded by this seawall will always remain open and accessible to the public, except during construction.
The Owners have engaged Douglas W. Mann, Coastal Engineer to design, manage and construct the project. This construction will require a City building permit, through the Development Services Department. In addition, the Design and Construction Management Department will assist with oversight of the project as necessary.
HISTORY:
In the early 1950’s, together with the two southerly adjacent owners, the original owner of 5409 North Surf Road constructed a seawall protecting the southern portion of the Property along with a return wall back to the house’s foundation system. The seawall was constructed on the seaward or eastern edge of the unimproved public right-of-way, providing upland protection to the southern half of the Property. The home was later expanded to the north leaving the expanded portion of the Property unprotected. The Owners, at their expense, will obtain all necessary permits, construct and maintain the seawall in perpetuity and will only temporarily close this area during construction.
The continual erosive conditions and periodic nourishment allows the sandy beach width to fluctuate significantly. As such, beach erosion has caused their property, especially the unprotected portion of the property, to sustain damage during typical South Florida weather conditions. Rebuilding and extending the seawall will aid with protection. Additional information is available in the backup.
Fiscal Impact:
There are no fiscal impacts to the City. The Owners will fund the project in its entirety.
Recommended for inclusion on the agenda by:
Clarissa Ip, City Engineer
Andria Wingett, Development Services Director
Tammie L. Hechler, Human Resources/Risk Management Director
Raelin Storey, Assistant City Manager