Subject:
Title
Westgate Agreement Between Westgate Cocoa Beach Pier, LLC, the City of Cocoa Beach, and Brevard County Florida
End
Fiscal Impact:
None
Dept/Office:
District 5 Commissioner’s Office
Requested Action:
Recommendation
It is requested that the Board: Authorize the Chair to execute the subject agreement, substantially in the form of the attached document, to facilitate the City Council’s desire to vacate a portion of Meade Avenue while at the same time preserving public access, construction access and other rights essential to the Brevard County Shore Protection Project subject to final approval by the County Attorney’s Office.
End
Summary Explanation and Background:
To allow development of a 182,000 square foot hotel with 116 rooms at the Cocoa Beach Pier, on March 17, 2022, the Cocoa Beach City Commission approved the vacation of a portion of Meade Avenue to facilitate the future development (Ordinance 1668) at the site by Westgate. The vacation is subject to the recording of an agreement between Westgate Cocoa Beach Pier, LLC., City of Cocoa Beach, and Brevard County. This agreement is required in part because on July 14, 2000, the City provided a Consent of Use to Brevard County granting the right for Brevard County to utilize Meade Avenue for construction access and staging in order to construct the Brevard County Shore Protection Project. Westgate has worked with the Brevard County Attorney’s Office and the Natural Resources Management Department to develop an agreement to address beach access, vehicle parking, public restroom access, as well as construction access, sand placement and other operations associated with the Brevard County Shore Protection Program including Army Corps of Engineers beach renourishment easements, each of which are represented as components of the Agreement.
Natural Resources staff have worked to ensure the agreement protects the County’s interests by providing:
• Sufficient beach construction access at the site (though slightly reduced in width)
• Guarantee of public beach access
• Guarantee of sufficient public beach parking to maximize State cost share for beach projects.
• Guarantee of public restroom facility to maximize State cost share for beach projects.
• Perpetual easement to meet Army Corps requirement for future sand placement.
The County Attorney’s Office and Natural Resources Management Department staff have reviewed the agreement and believe it protects the County’s interests while at the same time allowing the City of Cocoa Beach, and Westgate, to proceed with development at the site.
Clerk to the Board Instructions:
Clerk to the Board instruction: Chairman & Clerk: A copy of the agreement first signed by Westgate and the City is being sought. Once received it will be provided for execution. It is uncertain if this will be before or after this meeting date. Contact Mike McGarry at 321-537-1779 or mike.mcgarry@brevardfl.gov <mailto:mike.mcgarry@brevardfl.gov> for pick-up.