Resolution 82-17013 RESOLUTION NO: 82-17013
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT WITH
METROPOLITAN DADE COUNTY AND THE STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES, WHEREBY DADE
COUNTY WILL DELEGATE ITS BEACH MAINTENANCE
RESPONSIBILITIES TO THE CITY OF MIAMI BEACH
FOR CERTAIN BEACHFRONT LANDS IN MIAMI BEACH,
FLORIDA.
WHEREAS, for reasons more particularly set forth in Commission Memo No.30q-82 and
429-82
the City Commission of the City of Miami Beach deems it in the best interest of the
citizens of Miami Beach to enter into an agreement with Metropolitan Dade County and the
State of Florida Department of Natural Resources, the terms of which are familiar to the
City Commission in which the agreement is included in the Agenda Package for the meeting
at which this Resolution was adopted; and
WHEREAS, the City of Miami Beach has entered into an agreement with the
State of Florida Department of Natural Resources whereby the City has agreed to assume
maintenance responsibilities for recreation amenities, including landscape improvements,
for that area of the beachfront affected by the construction of the Beachfront Park and
Promenade; and
WHEREAS, the new three party agreement does not absolve Dade County from
any current beachfront maintenance responsibilities with the exception of that area to be
occupied by the Beachfront Park and Promenade; and
WHEREAS, it was indicated by the Executive Director of the State of Florida
Department of Natural Resources that this new three party agreement would have to be
executed in order for the Department of Natural Resources to grant approval for the
construction of the Beachfront Park and Promenade; and
WHEREAS, the City Manager recommends the City enter into said agreement
and the City Attorney has approved same as to form and legal sufficiency.
NOW, THEREFORE, BE IT duly resolved by the City Commission of the City of
Miami Beach, Florida, that the Mayor and City Clerk be and they are hereby authorized and
directed to enter into said agreement for and on behalf of the City of Miami Beach.
PASSED and ADOPTED this 19thday of May
MAYOR
ATTEST:
AP OVF
✓ / LEGAL D 'ARTMENT
CITY CLERK 7n2 ec!4442
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 30 9- ,•�"
DATE: MAY 19. 1982
TO: Mayor Norman Ciment an.
Members of the Ci . . iota v
FROM: Rob W. Parkins �/ ►„J 4 •"''' '—'
FROM:
City Manager I‘"'
SUBJECT: EXECUTION OF A MAI TENANCE AGREEMENT FOR THE BEACHFRONT
PARK AND PROMENADE BETWEEN THE CITY OF MIAMI BEACH,
METROPOLITAN DADE COUNTY, AND THE STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES FOR CERTAIN BEACHFRONT
LANDS IN MIAMI BEACH, FLORIDA
I
On March 29, 1982, a meeting was held in Miami Beach attended by
representatives from the City of Miami Beach, Metropolitan Dade County, and
the State of Florida Department of Natural Resources to discuss special
jurisdictional problems which appeared to exist with regard to the Beachfront
Park and Promenade Project.
At the present time Metropolitan Dade County has an agreement with the
State pursuant to the Beach ,Renourishment Project whereby the County is
responsible for maintenance and repair of the beach (sand) during the useful
life of that project including that land to be occupied by the Beachfront Park
and Promenade Project. There is also the (old) management agreement with
the State, approved by the Miami Beach City Commission on February 3, 1982,
in which the City indicated that it would assume maintenance responsibilities
for recreation amenities, including landscape improvements, for that area
affected by construction of the Park and Promenade Project. The attached
(new) agreement was drafted by the Department of Natural Resources Legal
Staff, subsequent to a meeting on March 31 between City, State, and County
officials in an effort to clarify the maintenance responsibilities of the City of
Miami Beach and those of Dade County. This agreement delegates
maintenance responsibilities for that area occupied by the Beachfront Park
and Promenade (described in Exhibit A) to the City of Miami Beach. The
attached agreement does not absolve the County from any current
maintenance responbilities with the exception of that area described in this
new agreement.
On May 4, 1982, a revised agreement was received from the County Attorney's
office which contains additional language which has been underlined on the
attached copy. The Administration and City Attorney have reviewed and
approved these changes.
It was emphasized by Dr. Elton J. Gissendanner, Executive Director of State
Department of Natural Resources that this new three party agreement would
have to be executed in order for the State of Florida Department of Natural
Resources to grant approval for the construction of the Beachfront Park and
Promenade.
ADMINISTRATION RECOMMENDATION
The Administration recommends the City Commission adopt the attached
resolution authorizing the Mayor and the City Clerk to execute the new
agreement between the City of Miami Beach, Metropolitan Dade County, and
the State of Florida Department of Natural Resources.
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RWP/MSL/rg
AGENDA { .i
ITEM ��
DATE J - /v ra
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 873-7010
COMMISSION MEMORANDUM NO. T 2?. 0 Z
DATE: JULY 7, 1982
TO: Mayor Norman Cimen . •
Members of the Ci•• Commi • io
FROM: Rob W. Parki �.;Pe r
City Manager
SUBJECT: EXECUTION OF REVISED MAINTENANCE AGREEMENT FOR THE
BEACHFRONT PARK AND PROMENADE BETWEEN THE CITY OF
MIAMI BEACH, METROPOLITAN DADE COUNTY, AND THE STATE
OF FLORIDA DEPARTMENT OF NATURAL RESOURCES FOR
CERTAIN BEACHFRONT LANDS IN MIAMI BEACH, FLORIDA.
The attached agreement, entitled "Limited Maintenance Agreement
for Beachfront Park", is a revised copy of the three party agreement
approved by the Commission on May 19, 1982. In this agreement, the
County delegates certain maintenance responsibilities to the City of
Miami Beach for that area occupied by the Beachfront Park and
Promenade as further identified in Exhibit A. This agreement has yet
to be executed by the Mayor and City Clerk pending action on the
agreement by the Dade County Board of Commissioners.
The County Board of Commissioners did not take action on this
matter on May 18, 1982 as expected and the County Administration
has subsequently made additional language changes in the agreement,
the language changes have been noted on the attached copy of the
revised agreement. The County Board of Commissioners are now
expected to act on the attached revised agreement on July 6, 1982.
This revised agreement has been reviewed by the City Administration
and the City Attorney's Office and neither have any objections to the
revised language.
ADMINISTRATION RECOMMENDATION
The Administration recommends that pending confirmation of County
action on this agreement, the City Commission authorize the Mayor
and City Clerk to execute the revised maintenance agreement
between the City of Miami Beach, Metropolitan Dade County, and
the State of Florida Department of Natural Resources for certain
Beachfront Lands in Miami Beach, Florida in place of the previous
maintenance agreement approved under Resolution Number 82-17013.
RWP/MSL/rg
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AGENDA C S _ f�
ITEM
DATE 7'7
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