Resolution 2023-32569RESOLUTION NO., 2023-32569
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A TEMPORARY EASEMENT AGREEMENT WITH
MIAMI-DADE COUNTY (COUNTY) FOR USE OF THE ACCESS POINT AND
SPOIL AREA OF THE 46TH STREET PARKING LOT, FOR A PERIOD OF NINE
(9) MONTHS, FROM JULY 29, 2023 THROUGH APRIL 28, 2024, FOR
EQUIPMENT STAGING AND ACCESS BY THE COUNTY OR ITS DESIGNEE, IN
CONNECTION WITH THE PLACEMENT OF CLEAN SAND ON THE CITY'S
BEACHES UNDER A UNITED STATES ARMY CORPS OF ENGINEERS BEACH
RENOURISHMENT PROGRAM.
WHEREAS, the City, State of Florida, Miami -Dade County (County) and US Army Corps of
Engineers (USACE) have coordinated to provide beach material in four 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-43 and
R-46, R-49 and R-51, R-53 and R-56, and between R-60 to R-61; 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, on March 17, 2021, the Mayor and City Commission adopted Resolution No.
2021-31621, authorizing the City Manager to execute a temporary easement with the County for the
non-exclusive access and use for staging areas on City property, located at the beachfront parking
lots at 46 street, 53 street, and 65 street in order to provide access points to the County or its
designee to place clean sand on the City's beaches; and
WHEREAS, on March 24, 2021, the City and the County executed the Temporary Easement
Agreement for a period of 28 months, which agreement is set to expire on July 28, 2023; and
WHEREAS, the USACE and the County have requested to continue utilizing the beach
access point at 46th Street and the spoil area located at the 46th Street Parking Lot for staging
activities (Temporary Easement Areas) for an additional nine (9) months, commencing on July 29,
2023 and expiring on April 28, 2024; and
WHEREAS, the City Manager recommends executing the proposed Temporary Easement
Agreement (including sketch and legal description of the Temporary Easement Areas), incorporated
herein by reference and attached to the City Commission Memorandum accompanying this
Resolution.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City commission
hereby approve and authorize the City Manager to execute a Temporary Easement Agreementwith
Miami -Dade County (County) for use of the access point and spoil area of the 46th Street Parking
Lot, for a period of nine (9) months, from July 29, 2023 through April 28, 2024, for equipment
staging and access by the County or its designee, in connection with the placement of clean sand
staging and access by the County or its designee in connection with the placement of clean sand on
the City's beaches under a United States Army Corps of Engineers Beach Renourishment Program.
PASSED and ADOPTED this is day of April, 2023.
Dan Gelber, Mayor
ATTEST:
MAY 0 2 2023
Rafael Granado, City Clerk
APPROVED AS TO
FORM &LANGUAGE
& FOR EXECUTION
City Attorney'4q,' { Date
Resolutions - C7 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and. Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: April 28, 2023
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER TO 'EXECUTE A TEMPORARY EASEMENT AGREEMENT
WITH MIAMI-DADE COUNTY (COUNTY) FOR USE OF THE ACCESS
POINT AND SPOIL AREA OF THE 46TH -STREET PARKING LOT, FOR A
PERIOD OF NINE (9) MONTHS, FROM JULY29, 2023 THROUGH APRIL 28,
2024, FOR EQUI PMENT STAGI NG AND ACCESS BY THE COUNTY OR ITS
DESIGNEE, IN CONNECTION WITH THE PLACEMENT OF CLEAN SAND
ON THE CITY'S BEACHES UNDER A UNITED STATES ARMY CORPS OF
ENGINEERS BEACH RENOURISHMENT PROGRAM.
RECOMMENDATION
The Administration recommends the adoption of the Resolution.
On March 17, 2021, the Mayor and ' City Commission adopted Resolution No. 2021-31621,
authorizing the City Manager to execute a temporary easement with the County for non-
exclusive access and use for staging areas on City property, located at the beachfront parking.
lots at 46 street, 53 street, and 65 street in order to provide access points to the County or its
designee for the placement of clean sand (beach renourishment). On March 24; 2021, the City
and the County executed the Temporary Easement Agreement for a period of 28 months, which
agreement is set to expire on July 28, 2023. Since then, the beach renourishment project has
been completed at 53rd street and 65th street. The Administration has provided seven beach
renourishment updates in the form of Letters to Commission and communications to the residents
regarding the status of the project since 2021. 1 _
The overall program originated in the mid-1970s, when the U.S. Army Corps of Engineers
(USACE) and Miami -Dade County (County) entered into a 50-year contract titled the Miami -
Dade County, Florida Erosion Control ,and Hurricane Protection Project. This project calls for
the joint management of the County's sandy beaches, including those in the City of Miami
Beach. The renourished beach contributes significantly to the local economy, provides 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
Page 252 of 991
system. To maintain a healthy beach, the USACE, in collaboration and cost -share with the State
of Florida and the County, periodically renourishes the Citys beaches as part of their beach
renourishment program.
ANALYSIS
The current USACE beach renourishment project in the City of Miami Beach began in 2021 and
continues to move forward. Continental Heavy Civil (CHC) was awarded the contract to
complete this project. This project includes trucking in sand from an approved sand mine in
Central Florida. The USACE and the County have requested to continue utilizing the beach
access point at 46th Street and the spoil, area located in 46th Street Parking Lot for staging
activities as per the. original Temporary Easement Agreement for an additional nine (9) months,
through and including April 28, 2024. As the local sponsor for this Federal Project, the County
needs to provide the USACE' an easement for the staging area at the beach access location to
stage the vehicles and .equipment needed to complete the renourishment of the beach.
Therefore, City Administration requests the City Commission authorize the City Manager to
execute a Temporary Easement Agreement with Miami -Dade County, for a period of nine (9)
months, commencing on July 29, 2023 and expiring on April 28, 2024, granting the County a
non-exclusive access and staging area use easement on the 46i' Street site, in the form
attached hereto as Exhibit 1.
SUPPORTING SURVEY DATA.
ln'the 2022 City of Miami Beach Community Survey, 80% of residents are satisfied with the
overall quality of the beaches which are ranked the fifth most important city service.
WMITSIA111•
The current beach renourishment project is $40,468,000.00 and is funded by the United States
Army Corps of Engineers.
CONCLUSION
The Administration recommends that the Mayor and City Commission authorize the City
'Manager to execute a Temporary Easement with Miami -Dade County for an additional period of
nine (9) months, continuing to grant the County non-exclusive access to the beach access point
at 46th Street and the spoil area located in 46th Street Parking Lot for staging activities, to allow
the County, to complete the placement of clean sand on the City's beaches.
Applicable Area
Middle Beach
Is this a "Residents
Right
to Know" item,
pursuant
to
Citv Code Section
244?
Yes
I❑•
Strategic Connection
Environment & Infrastructure - Reduce risk from storms, high tides, groundwater, and sea level
rise.
Legislative Tracking
Page 253 of 991
Environment and Sustainability
ATTACHMENTS:
Description
❑ Resolution
Easement Agreement
Page 254 of 991
This instrument prepared by (and after
recording return to):
Alberto Pisani, P.E.
Senior Professional Engineer
Miami -Dade County Department of
Regulatory and Economic Resources
701 NW I` Court, 5'' Floor
Miami, Florida 33136-3912 (Reserved for Clerk of the Court)
TEMPORARY EASEMENT AGREEMENT
This TEMPORARY EASEMENT AGREEMENT ("Agreement") is made and entered into as of the
29Lday of July 2023 ("Effective Date"), by and between the City of Miami Beach, a municipal
corporation of the State Florida (the "City"), with an address of 1700 Convention Center Drive,
Miami Beach, Florida 33139, Attention: City Manager, and Miami -Dade County (the "County"), a
political subdivision of the State of Florida, I I I NW 1st Street, Miami, Florida 33128.
RECITALS
A. The City, the County, and the United States Army Corps of Engineers (the "Corps") have jointly
coordinated to provide beach material in multiple eroded areas of Miami Beach (the "Joint Project").
Construction of the Federal Dade County Beach Erosion Control and Hurricane Protection Project was
authorized by Section 203 of the Flood Control Acts of 1968, Public Law 90-483, as modified by Section
69 of the Water Resources Development Act of 1974, Public Law 93-251, and expanded under a separate
authorization in Title I, Chapter IV of the Supplemental Appropriations Act of 1985, Public Law 99-88,
and by Section 501 of the Water Resources Development Act of 1986, Public Law 99-662; and
B. The Corps and the County have entered into a Project Partnership Agreement to undertake a cycle of
periodic nourishment for the Joint Project, at full federal expense to the extent that appropriations
provided in Title IV, Division B of the Bipartisan Budget Act of 2018, Public Law 115-123, enacted
February 9, 2018, are available and used for such purpose; and
C. In furtherance of the Joint Project, the Corps requires the use of certain property owned by the City
for access, and has requested that the County enter into an Agreement for same; and
D. The City owns certain property, described or depicted in the attached Exhibit "A", and described as
the 461 Street P-71 and Indian Beach Park (46`h Street Parking Lot), (also referred to herein as the
"Temporary Easement Areas" or the "Property"), that could be used for equipment staging and
access in order to fulfill the goals of the Joint Project; and
E. The City and the County entered into a 28-month Temporary Easement Agreement with an effective
date of March 291, 2021, as recorded in BK 32421, Pgs 354-364, for the purpose of providing use of
certain City -owned property, including the 461 Street Parking Lot, to the Corps for the Joint Project,
and that 28-month Temporary Easement Agreement expires on July 28, 2023; and
F. The Corps requested that the property authorizations in the 28 month Temporary Easement Agreement
be extended for an additional nine (9) months for use of the 461 Street Parking Lot Temporary Easement
Area during the additional nine (9) month period; and
G. The City and the County intend to provide the requested time extension by entering into this Agreement,
Page 257 of 991
which shall be effective July 29, 2023 (Effective Date).
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. The foregoing recitals are incorporated as if fully set forth herein.
2. The City hereby grants to Miami -Dade County, its successors, and assigns, for the use of the County,
its agents, employees, contractors, representatives and licensees, for a 9 month period commencing on
the Effective Date, the temporary, non-exclusive easement on, over, and upon the Temporary
Easement Areas, subject to the terms, conditions, reservations and restrictions set forth herein, for the
purpose of access, as well as all other work necessary or incidental to the construction of the Joint
Project, including but not limited to borrow and/or deposit fill, erection and removal of temporary
structures, staging of vehicles, equipment and materials, together with the right to trim, cut, fell and
remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles,
in connection with the Joint Project. The only areas of the Property which can be utilized for ingress and
egress are the areas of the Property labeled and described as "Access Area" in Exhibit "A". THE
EASEMENT USE SHALL BE SUBJECT TO A CITY PUBLIC WORKS RIGHT-OF-WAY PERMIT
PROCESS.
3. Assignment. The City acknowledges that any of the rights set forth herein may be assigned, in whole
or in part, including but not limited to the County's assignment of this Agreement to the Corps, its
agents, contractors, and employees, who shall be performing work and activities on the Property, and
the rights and obligations of the parties shall inure to the benefit of and be binding upon their
successors and assigns.
4. At the 46th Street Parking Lot — During the entire 9 month period of the term, the County shall
have use of the spoil area of the 46`h Street Parking Lot which does not include active parking
spaces, and this spoil area is same as the Staging Area identified in Exhibit "A". The County and/or
its designee, are precluded from using the Temporary Easement Area for the 46" Street Parking Lot
during Art Basel (November 14, 2023 through December 14, 2023) as detailed in the contractor's
specifications.
5. Enforcement. The parties shall resolve any disputes, controversies, or claims between them arising
out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act,"
Chapter 164, Florida Statutes, as amended.
6. Nothing herein shall constitute a waiver of Section 768.28 of the Florida Statutes or shall be construed
as impacting or modifying the protections set forth therein.
7. Nothing in this Agreement, express or implied, is intended to (i) confer upon any entity or person
other than the parties and their successors or assigns any rights or remedies under or by reason of the
Agreement as a third party beneficiary or otherwise, except as specifically provided in this
Agreement; or (ii) authorize anyone not a party to this Agreement to maintain an action pursuant to
or based upon this Agreement.
EXECUTED as of the date and year first above written.
Page 258 of 991
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Name:
Name:
Attest:
City Clerk
Rafael E. Granado
Approved as to form and language and for execution:
City Attorney Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
THE CITY OF MIAMI BEACH, FLORIDA,
a municipal corporation of the State of Florida
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of , 2023 by
, as , for the City of Miami Beach, Florida.
Signature of Notary Public
Printed, typed or stamp
My Commission Expires:
Page 259 of 991
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Name:
Name:
Attest:
By:
County Clerk
Approved as to form and language and for execution:
County Attorney Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MIAMI-DADE COUNTY, FLORIDA, a
political subdivision of the State of Florida
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
, as , for Miami -Dade County.
Signature of Notary Public
Printed, typed or stamp
My Commission Expires:
2023 by
Page 260 of 991
EXHIBIT "A"
LOCATION OF TEMPORARY EASEMENT AREAS AND MAP
Page 261 of 991
46T" STREET PARKING LOT
COLONS AVENUE
(1W RM
P—mr_ or ammo
mwwlww
Iw BLOCK a '
AMENDED PLAT OF
INDIAN BEACH CORPORATION'S SUBDIVISION'
(PLAT BOOK 8, PAGE.81)
CCESS AREA
10,126 SQ.FT.
PARKING LOT P-71
LOT 8 LOT 9 LOT 10 LOT It LOT 12 LOT Li
q
!1
INDIAN BEACH PARK
SPOIL AREA
own
�s
STAGING AREA
40,933 SQ.FT.
�wg
:
N RlS'M' ■ OSION CONTROL llNE
NIA ! OTMtfi �
mw
N Qf6�
4fTtfi
Il7l
EXHIBIT "A"
ACH A«E'�.. SKETCH OF DESCRIPTION
MIAMIBEPuBIC MIORKS EARCHMEW " H STREET P-71 AND INDIAN BEACH PARK AS2
vmw"wnaneunow�rwvoanma mor,� ACQ36 MtFAA11D6TA0N10A1F/1
Page 262 of 991
46T" STREET PARKING LOT
LEGAL DESCRIPTION:
BEING A PARCEL OF LAND LYING IN A PORTION OF LOTS 9, 106 11, AND 12 BLOCK 8 "AMENDED PLAT OF THE INDIAN
BEACH CORPORATIONS'S SUBDIVISION' ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 61, OF
THE PUBLIC RECORDS OF MIIAME-OADE COUNTY, FLORIDA BEING MORE PARTICULALRY DESCF48ED AS FOLLOWS;
ACCESS AREA:
COMMENCE AT THE NORTHWEST CORNER OF LOT 1$ OF SAID 'AMENDED PLAT OF THE INDbW BEACH CORPORATION'S
SUBDIVISION; THENCE S 01 3234' W, ALONG THE WESTERLY RIGHT OF WAY LINE OF COLLINS AVENUE, A DISTANCE 318.73
FEET TO THE POINT OF BEGINNING; THENCE S 82'40'57' E A DISTANCE OF 181.39 FEET. THENCE N 87'39'29' E A
DISTANCE OF 38.63 FEET; THENCE S 8228'49' E A DISTANCE OF 183.71 FEET; THENCE S 86*57*52" E A DISTANCE OF
50.80 FEET TO A POINT HEREINAFTER REFER TO AS POINT "A'; THENCE S 7813'3Y W A DISTANCE OF 28.15 FEET, TO
THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 123.73 FEET, A CHORD WHICH BEARS N
7556*14" E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 18'51'17' A DISTANCE
OF 40.72 FEET; THENCE N 8715'06' E TO THE INTERSECTION MATH THE EROSION CONTROL LINE, A DISTANCE OF 20.45
FEET' THENCE S 02'44'52' E ALONG THE EROSION CONTROL LINE A DISTANCE OF 15.77 FEET; THENCE N 8935'44' W A
DISTANCE OF 16.66 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF 106.32 FEET,
A CHORD WHICH BEARS S 7528'48' WF, THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 23'48'50' A DISTANCE OF 44.13 FEET, THENCE S 6434'18" W A DISTANCE OF 15.08 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 75.27 FEET, A CHORD WHICH BEARS S 82`09'55' WI•, THENCE.
WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21 44'24' A DISTANCE OF 28.56
FEET; THENCE N 82'29'49' W A DISTANCE OF 210.05 FEET, THENCE S 8739'29' W A DISTANCE OF 52.33 FEET; THENCE
N 82'40'57' W TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF COLLINS AVENUE, A DISTANCE OF 181.00
FEET; THENCE_N-01'32'3" ALONG 7NE SAID EASTERLY RIGHT OF --WAY LINE OF-COLLINS AVENUE, A DISTANCE OF 20.10
FEET TO THE POINT OF BEGINNING.
CONTAINING 10,126 SQUARE FEET OR 0.2 ACRES MORE OR LESS.
STAGING AREA:
BEGIN AT SAID POINT 'A'; THENCE N 13'40'38' W A DISTANCE OF 9.89 FEET; THENCE N 8435'22' W A DISTANCE OF
44.07 FEET, THENCE N 04'26'3Y E A DISTANCE OF 14.50 FEET, THENCE N 83'00'35' W A DISTANCE OF 36.57 FEET;
THENCE N 23'4131" W A DISTANCE OF 14.33 FEET; THENCE N 03'S1'2.T E A DISTANCE OF 231.40 FEET. THENCE S
85'25'21' E, TO THE INTERSECTION WITH THE EROSION CONTROL UNE, A DISTANCE OF 148.43 FEET; THENCE S 02'44'52' E,
ALONG THE EROSION CONTROL LINE, A DISTANCE OF 233.49 FEET, THENCE S 7416'23' W A DISTANCE OF 62.51 FEET,
THENCE S 07'25'O5' E A DISTANCE OF 8.78 FEET; THENCE N 781331' E A DISTANCE OF 29.15 FEET TO POINT 'A" SAID
POINT ALSO BEGINNING THE POINT OF BEGINNING.
CONTAINING 40,933 SQUARE FEET OR 0.9 ACRES MORE OR LESS.
SURVEYOR'S NOTES:
1. THIS IS NOT A 'BOUNDARY SURVEY:, THIS IS ONLY A GRAPGHIC REPRESENTATION (SKETCH) OF THE LEGAL DESCRIPTION
SHOWN HEREON.
2. BEARINGS SHOWN ARE RELATIVE TO THE EROSION CONTROL LINE WHICH IS ASSUMED TO BEAR S02 4452'E
3. LAND SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS OF WAYS OF RECOREDS AND A T17LE
REPORT WAS NOT PERFORMED FOR SAID LANDS.
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY; THAT THIS 'SKETCH AND LEGAL DESCRIPTION' IS CORRECT AND MEETS THE STANDARDS' OF -PRACTICE
FOR SURVEYING AND MAPPING IN THE STATE FLORIDA AS SET FOURTH IN CHAPTER 471027 (F.S) AND CHAPft 61-17
OF THE FLORIDA ADMINISTRATIVE CODE.
'NOT VALID WITHOUT THE SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER".
04/29/2019 4
DATE BRIAtr 0
CITY SURVY
SURVEYOROR AMP
A
m om
STATE OF FLORIDA
M I AMI BEACH��•� n"LLEGAL DESCRIPTION, SURVEYOR'S NOTES
A..
PUBLIC WORKS DEPARTMENT gt� AND CERTIFICATION AS
IAICAYY[Y,L)Y�Ym cw Yuw tll[Y.RIMtl tllwlr.eaiwo 46TH STREET P-71 AND INDIAN BEACH PARK
Page 263 of 991