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2016-29335 Reso RESOLUTION NO. 2016-29335 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A TEMPORARY EASEMENT AGREEMENT WITH MIAMI.DADE COUNTY (COUNTY) FOR A NON-EXCLUSIVE ACCESS AND STAGING AREA USE EASEMENT ON CITY PROPERTY IN ORDER TO PROVIDE 46 STREET AND 53 STREET BEACH ACCESS POINTS TO THE COUNTY,OR ITS DESIGNEE TO PLACE CLEAN SAND ON THE CITY'S BEACHES UNDER A US ARMY CORPS OF ENGINEERS BEACH RENOURISHMENT PROGRAM, WHICH TEMPORARY EASEMENT AGREEMENT IS ATTACHED HERETO AS EXHIBIT 1. • WHEREAS, City, State, County and US Army Corps of Engineers (US Army Corps) have coordinated to provide beach material in two eroded areas of the Miami Beach, Miami-Dade County, Florida, Erosion Control and Hurricane Protection Project; and WHEREAS,the lands are located seaward of the erosion control line(ECL)at Miami Beach between Florida Department of Environmental Protection(FDEP) reference monuments R-49 and R-51 and between R-53 and R-56; and WHEREAS,the County, on behalf of the US Army Corps requires a staging area in order to stage the vehicles and equipment needed to install the fill along the beach; and WHEREAS, the City owns upland property from the ECL, legally described or depicted in Exhibit A attached hereto (the "Temporary Easement Area"), subject to the terms, conditions, reservations and restrictions set forth herein that would be used by the County as the staging area. WHEREAS, the proposed Temporary Easement Agreement (including sketch and legal description of the Easement) is attached as Exhibit "1" hereto. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,authorizing the City Manager and City Clerk to execute a Temporary Easement Agreement with Miami-Dade County (County) for a non- exclusive access and staging area use easement on City Property in order to provide 46 Street And 53 Street beach access points to the County, or its designee to place clean sand on the City's beaches under a Us Army Corps Of Engineers Beach Renourishment Program, which Temporary Easement Agreement is attached hereto as Exhibit 1. PASSED AND ADOPTED this /' day of March, 2016. „` ATTEST: 1 S . alp Phillip L4vin Ra ael dinado, City lerk APPROVED AS& TO FORM LANGUAGE F R E CUTION LTh 3 it (9 City Attorney Dote Iva 1 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,Authorizing The City Manager And The City Clerk To Execute A Temporary Easement Agreement With Miami-Dade County(County)For A Non-Exclusive Access And Staging Area Use Easement On City Property In Order To Provide 46 Street And 53 Street Beach Access Points To The County,Or Its Designee To Place Clean Sand On The City's Beaches Under A US Army Corps Of Engineers Beach Renourishment Program, Which Temporary Easement Agreement Is Attached Hereto As Exhibit 1. Key Intended Outcome Supported: Ensure Well Maintained Infrastructure Item Summary/Recommendation: In the mid-1970s, the U.S.Army Corps of Engineers(US Army Corps)and Miami-Dade County(County) entered into a 50-year contract for the joint management of the County's sandy beaches,including those in the City of Miami Beach.The nourished beach has contributed significantly to the local economy,provided critical storm protection and erosion control,as well as environmental, recreational and economic benefits to the City, the region, and the State. However, natural processes, including waves, tidal currents, wind, storms,flooding,and sea level rise continuously remove sand from the beach system.As such,to maintain a healthy beach, the US Army Corps, in collaboration and cost-share with the State of Florida and the County, periodically renourishes the City's beaches as part of their beach renourishment program. The City, State, County and US Army Corps have coordinated to provide beach material in two severely eroded areas of the Miami Beach, Miami-Dade County, Florida Erosion Control and Hurricane Protection Project: 46 Street and 53 Street. In order to execute this project, the County, on behalf of the US Army Corps, requires a staging area in the vicinity of these locations in order to stage the vehicles and equipment needed to install the fill along the beach.The City owns the upland property from the Erosion Control Line (ECL)that the County and the US Army Corps have requested for staging.As such,the City Administration requests the City Commission authorize the City Manager and City Clerk to execute a Temporary Easement Agreement with Miami-Dade County for a non-exclusive access and staging area use easement on City Property attached hereto as Exhibit 1. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Approved Funds: 1 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Elizabeth Wheaton, Environment&Sustainability x6121 Sign-Offs: Department Director Assistant City k anager City M nager ESWL, SMT + ' JL T:WGENDA\2016\March\Environmental\Temporary Beach Easement Summary.doc AGENDA ITEM DATE 3-ISO- I(o ..._,. - ea= MIAMIBEACH • City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMI SION MEMORANDUM TO: Mayor Philip Levine and Membersi.f the City Co( mission FROM: Jimmy Morales, City Manager 1 S - DATE: March 16, 2015 SUBJECT: A RESOLUTION OF THE MAYO'* AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A TEMPORARY EASEMENT AGREEMENT WITH MIAMI-DADE COUNTY (COUNTY) FOR A NON-EXCLUSIVE ACCESS AND STAGING AREA USE EASEMENT ON CITY PROPERTY IN ORDER TO PROVIDE 46 STREET AND 53 STREET BEACH ACCESS POINTS TO THE COUNTY, OR ITS DESIGNEE TO PLACE CLEAN SAND ON THE CITY'S BEACHES UNDER A US ARMY CORPS OF ENGINEERS BEACH RENOURISHMENT PROGRAM, WHICH TEMPORARY EASEMENT AGREEMENT IS ATTACHED HERETO AS EXHIBIT 1. In the mid-1970s, the U.S. Army Corps of Engineers (US Army Corps) and Miami-Dade County (County) entered into a 50-year contract for the joint management of the County's sandy beaches, including those in the City of Miami Beach.The nourished beach has contributed significantly to the local economy, provided critical storm protection and erosion control, as well as environmental, recreational and economic benefits to the City,the region,and the State. However,natural processes, including waves, tidal currents,wind, storms,flooding, and sea level rise continuously remove sand from the beach system. As such, to maintain a healthy beach, the US Army Corps, in collaboration and cost-share with the State of Florida and the County, periodically renourishes the City's beaches as part of their beach renourishment program. The City, State, County and US Army Corps have coordinated to provide beach material in two severely eroded areas of the Miami Beach, Miami-Dade County, Florida Erosion Control and Hurricane Protection Project:46 Street and 53 Street. In order to execute this project,the County,on behalf of the US Army Corps, requires a staging area in the vicinity of these locations in order to stage the vehicles and equipment needed to install the fill along the beach. The City owns the upland property from the Erosion Control Line(ECL)that the County and the US Army Corps have requested for staging. As such, the City Administration requests the City Commission authorize the City Manager and City Clerk to execute a Temporary Easement Agreement with Miami-Dade County for a non-exclusive access and staging area use easement on City Property attached hereto as Exhibit 1. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution. Attached: Exhibit 1 —Temporary Easement Agreement JLM/S E W/MKW T:\AGENDA\2016\March\Environmental\Temporary Beach Easement Memo.doc This instrument prepared by(and after recording return to): Eve A. Boutsis Chief Deputy City Attorney City of Miami Beach 1700 Convention Center Drive Fourth Floor Miami Beach, Florida 33139 (Reserved for Clerk of Court) TEMPORARY EASEMENT AGREEMENT THIS TEMPORARY EASEMENT AGREEMENT("Agreement") is made and entered into as of the day of , 2015, by and between the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida(the "City"), with an address of 1700 Convention Center Drive, Miami Beach, Florida 33139, and Miami-Dade County("County"), a political subdivision of the State of Florida, 111 NE 1' Street, County Attorney's office,Miami, Florida 33131. RECITALS: A. City, State, County and US Army Corps of Engineers (US Army Corps) have coordinated to provide beach material in two eroded areas of the Miami Beach, Miami-Dade County, Florida, Erosion Control and Hurricane Protection Project; and B. The lands are located seaward of the erosion control line (ECL) at Miami Beach between Florida Department of Environmental Protection (FDEP) reference monuments R-49 and R-51 and between R-53 and R-56; and C. The County, on behalf of the US Army Corps requires a staging area in order to stage the vehicles and equipment needed to install the fill along the beach; and D. The City owns upland property from the ECL, legally described or depicted in Exhibits A (46th Street Hot Spot) and B (52nd Street Hot Spot) attached hereto (the "Temporary Easement Areas"), subject to the terms, conditions, reservations and restrictions set forth herein that would be used by the County as the staging area. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereby agree that the foregoing recitals are true and correct and further agree as follows: 1. .2. Grant of Easements. City hereby grants to the Miami-Dade County, for the use of the County, its agents, employees, contractors, representatives and licensees, (collectively, the "Temporary Easement Beneficiaries"), commencing on the Effective Date, the temporary, non-exclusive easement through the Temporary Easement Areas, subject to the terms, conditions, reservations and restrictions set forth below. In no event shall the Temporary Easement Beneficiaries, by virtue of this Agreement, have access to the Temporary Easement Areas by, through, across, under or over any other portion of the City's Property, other than as identified in Exhibits A and B from the Designated Paths; it being agreed that the sole points of access to the Temporary Easement Areas are the locations noted in the immediately preceding sentence. The Temporary Easement Beneficiaries shall have exclusive use of the actual Temporary Easement Areas to be utilized for staging of the beach renourishment program. The travel aisles to the Temporary Easement Areas shall be for non-exclusive use of the Temporary Easement Beneficiaries. 3. Temporary Easement Areas. At the time this Agreement is recorded, the "Temporary Easement Areas" shall refer to the spaces identified in Exhibits A and B to be utilized as staging areas. A temporary easement and right-of-way in, on, over and across (the land described in Exhibits A and B), and for a period not to exceed 24 months, beginning with date possession of the land is granted to the project sponsor, for use by the County, the United States, its representatives, agents, and contractors as a (borrow area) (work area), including the right to (borrow and/or deposit fill, spoil and waste material thereon) (move, store and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Project, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the landowners,their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. The actual staging areas shall be for the exclusive use of the Temporary Easement Beneficiaries, provided however, that the designated travel lanes, and roadways to the staging area, shall be for a nonexclusive use, as those travel lanes may be utilized by the general public. 4. Use of the Temporary Easement Areas. The easements granted hereunder shall be for the purposes of(i) providing the Easement Beneficiaries with a non-exclusive way of passage through the Temporary Easement Areas for the permitted uses described in paragraph 2, below, and (ii) allowing ingress and egress for installation of the beach fill, and maintenance/sanitation for the purposes described in Agreement. The staging for the 46 Street Hot Spot and the 52 Street Hot Spot, was developed based on approximately 12 trucks per hour entering the City, each with a capacity to hold 18 Cubic Yards. The County, or its designee shall provide an onsite public information officer (PIO) be provided for the duration of the project to field questions. Project signage to be clearly posted at staging locations and on the beach. This signage shall include PIOs contact information. The attached Exhibits A and B provides the location of the access points that the contractor can use to access the beach. Please note that the staging area at 53 Street (identified in Exhibit B) is limited to the south east portion of the parking lot. The City's Parking Department will need to approve the reservation of spaces if the contractor will be needing parking in the south east portion of the parking lot, which is part of the Temporary Easement Area. Each space will cost$25 per day. Vehicular traffic on the beach should be minimalized. 5. The County, or its designee/contractor shall use 46 Street location to access the renourishment at 46 Street and the 53 Street location to access the renourishment area at 53 Street. No vehicles shall be permitted to traverse the beach between 46 Street and 53 Street. Emergency vehicle lane with a minimum width of 15 feet must be maintained during the duration of the project. Hours of operation will be limited to the following: ■ Work can occur Monday through Sunday, seven(7)days of the week. • Delivery: 6:00 a.m. to 11:00 p.m. • Beach Construction: 7:00 a.m. to 7:00 p.m. (all operations shall take place after sunrise and prior to sunset) • The 46th Street Hot Spot staging area(Exhibit A)shall be fenced in to preclude general public access to the staging area. Page 2 of 8 approval. A City right of way permit shall be required. 6. At the 46 Street Hot Spot- The County, and/or its designee, are precluded from using use the Temporary Easement Area identified in Exhibit A during Art Basel (November 9th' 2016 through December 18th, 2016) and the Yacht Show (January 9th through March 10th, 2017). The County would be required to evacuate the Temporary Easement Area during this time. 7. Noise Control. All construction equipment used and/or stored or staged on the Temporary Easement Areas shall be equipped with satisfactory mufflers or other noise abatement devices; and all work/operations shall comply with all Federal, State, and local laws pertaining to noise. 8. Maintenance Responsibilities. Temporary Easement Area. The County, or its designee/contractor shall keep the Temporary Easement Areas in good condition, maintenance and repair of the Temporary Easement Areas necessitated by or required as a result of the negligence of the County, its agents, employees, contractors, vendors, operators, representatives, licensees, or invitees, in its or their use of the Temporary Easement Area. The County and its designee shall also be responsible for normal wear and tear. 9. Utilities. City hereby reserves the right to temporarily restrict access to appropriate portions of the Temporary Easement Areas as may be necessary for the installation, use, maintenance, repair, replacement, relocation or removal of utility facilities. City shall provide reasonable notice to the City Manager of any intended temporary closure; provided however that City shall reserve a right to temporary close appropriate areas of the Temporary Easement Areas without notice in emergency circumstances when such utility facilities may cause a safety risk. 10. Enforcement. No action to enforce this Agreement through filing suit shall be pursued by any party to this Agreement absent 30 days prior written notice of the alleged breach, followed by an opportunity to cure, which shall be no less than 30 days in length. If the alleged breach is not cured to the satisfaction of the complaining party, the parties shall attempt in good faith to mediate the dispute. When and if mediation fails, the sole remedy for such a dispute shall be by action in Circuit Court. The substantially prevailing party shall be entitled to attorney's fees and costs. For all other provisions of this Agreement, when and if mediation fails, enforcement shall be with a Court of competent jurisdiction in and for Miami-Dade County. A violation of Paragraph 6 shall solely require a 24 hour notice prior to forced ejectment from the 46th Street Staging Area(Exhibit A), 11. Amendments; Termination. This Agreement may not be amended, modified or terminated except by written agreement of the City and all of the then fee Owners of the Temporary Easement Areas. No modification or amendment of this Agreement shall be effective unless in writing and recorded in the Public Records of Miami-Dade County, Florida. 12. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, riot, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform (each such event is referred to herein as a "Force Majeure Event"), excluding the financial inability of such party to perform, shall excuse the performance by such party for a period of time equal to any such period of prevention, delay or stoppage. Any party seeking to invoke this paragraph shall provide written notice to the other party as soon as reasonably practicable under the circumstances. 13. Miscellaneous. Page 3 of 8 a. Counterparts. This Agreement may be executed in any number of counterparts and by the separate parties hereto in separate counterparts, each of which shall be deemed an original, but all of which(when taken together)shall constitute one and the same instrument. b. Construction. Reference to any paragraph, section, exhibit, or subpart thereof, unless otherwise provided, shall refer to this Agreement. In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and reference to any particular gender shall be held to include every other and all genders. Use of the term "including" shall mean "including, without limitation". Each of the parties hereto and their counsel have reviewed and revised, or requested revisions to, this Agreement, and the usual rule of construction that any ambiguities are to be resolved against the drafting party shall be inapplicable in the construction and interpretation of this Agreement and any amendments or exhibits to this Agreement. c. Titles of Paragraphs and Sections. The titles of the several parts, paragraphs and sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. d. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by recognized overnight courier (such as Federal Express) or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: If to the City at: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Jimmy Morales, City Manager With a copy to: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Raul Aguila, City Attorney Tel: 305-673-7470 ext 6471 Fax: 305-673-7002 RaulAgui la @miamibeachfl.gov If to the County: Miami-Dade County Stephen P. Clarke Center 111 NE 1st Street Miami, Florida 33131 Attention County Attorney Notices personally delivered or sent by overnight courier shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given three(3) days after deposit in the U.S. Mail. Page 4 of 8 e. Governing Laws. The laws of the State of Florida shall govern the interpretation, validity, performance and enforcement of this Agreement. Venue for any action brought hereunder shall be proper exclusively in Miami-Dade County, Florida. f. Exhibits. All of the Exhibits attached to this Agreement are incorporated in, and made a part of,this Agreement. EXECUTED as of the date and year first above written. SIGNED, SEALED AND DELIVERED THE CITY OF MIANII BEACH,FLORIDA, a IN THE PRESENCE OF: Florida municipal corporation By: Name: Name: Attest: By: , City Clerk Approved as to form and language and for execution: City Attorney Dated STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of , 2015 by Jimmy Morales, City Manager, respectively, for the City of Miami Beach, Florida,on behalf of the City. By: Signature of Notary Public My Commission Expires: Printed,typed or stamp Page 5 of 8 SIGNED, SEALED AND DELIVERED Miami-Dade County IN THE PRESENCE OF: By: Name: Name: Title: Name: Approved as to form and language and for execution: County Attorney Dated STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this day of , 2016 by , as and on behalf of the Miami-Dade County. By: Signature of Notary Public My Commission Expires: Printed,typed or stamp Page 6 of 8 Page 7 of 8 COMPOSITE EXHIBIT A LOCATION OF TEMPORARY EASEMENT AREA AND MAP Page 8 of 8 I EXHIBIT A s - ti. sy-.t,ate; - i•.0,.. ��' 1 •;e `} S y�y. y� ' wit+ ` ,�. f f -+ 'i ;• Q .4„.„ • a ()OWE 0UC7QJ pZ WZ_0_L- -• Z Q p M N N - W • • (n• CC 1- _ N Q50�OZ L_- � = _ -p co pUCOO U COV • •' 0- f 2QI-Qw N N p2 I ,„....„.., :, ,...,.;•, .4,t - ! F• ,, r M +w 2 I'-ch w Q Q c < 1I� �; NO�Z OOJ w0 •';rf-i N. co �.- { .3. -. • . LL U Z H w c o `� 4 M QO �,,.. OOL�L Z�Ow ee•' �- mQ'MW�' �' "2"1.:.:-.- a �-- D W cn!Z'U' ii, .:,:-:."i -.....-..„7-itl!...-,..;4,....44Ki.-.'..'..,,- �T - v Q ., tYOQOawJ,� �. �, 1:� r O I n U O_ 2 200 • II '. ''',., 1 i•::# .- *. . .'rc.l.1•''A.C\1. ..- 'iii. '-'4i ' - CC:66k- : 4 (72 0a2 i 10P .o. ,r. -- W��QrS2� .: ,._,..:, __" ,i,..3..c-4•••._,At.-.. _-__.•_' wi. 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