96-21914 RESO Incomplete
RESOLUTION NUMBER 96-21914
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A SHORT TERM LEASE AGREEMENT WITH THE DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES TO ESTABLISH A
TEMPORARY CONSTRUCTION STAGING AREA AT THE SEAWARD END OF
SOUTH POINTE PARK FOR THE GOVERNMENT CUT NORTH JETTY SAND
TIGHTENING PROJECT.
WHEREAS, the design of the Government Cut North Jetty was faulty in that it allows beach
sand to leak through; and
WHEREAS, the leakage of sand through the jetty is eroding the South Pointe Beach and
threatening navigation in Government Cut; and
WHEREAS, the U.S. Army Corps of Engineers has developed and funded a Government
Cut North Jetty Sand Tightening Project (Project) to seal the jetty; and
WHEREAS, the Dade County Department of Environmental Resources Management
(DERM) is sponsoring the implementation of the Project; and
WHEREAS, the DERM, through their designated representatives, has expressed an interest
to enter into the attached short term Lease Agreement to establish a temporary construction
staging area for the Project; and
WHEREAS, the Project will benefit the City by slowing the erosion of South Pointe Beach
and protecting local navigation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be herein authorized
to execute the attached short term Lease Agreement with the Dade County Department of
Environmental Resources Management to establish a temporary construction staging area at the
seaward end of South Pointe Park for the Government Cut North Jetty Sand Tightening Project.
Passed and Adopted this 20th day of March, 1996
ATTEST:
J~o~4 ~
CITY CLERK
FOR!\tf APPF
~~te~
CITY OF MIAMI BEACH
m
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
-
COMMISSION MEMORANDUM NO.
} 3~..ql.
SUBJECT:
Mayor Seymour Gelber and DATE: March 20, 1996
Members of the City Commission
Jose GarCia-pedros1!
City Manager
A RESOLUTION A ROVING THE EXECUTION OF A SHORT TERM
LEASE WITH THE DADE COUNTY DEPARTMENT OF ENVIRONMENTAL
RESOURCES MANAGEMENT TO ESTABLISH A TEMPORARY
CONSTRUCTION STAGING AREA, AT THE SEAWARD END OF SOUTH
POINTE PARK, FOR THE GOVERNMENT CUT NORTH JETTY SAND
TIGHTENING PROJECT.
TO:
FROM:
ADMINISTRATION RECOMMENDATION
Approve the resolution.
BACKGROUND
The Government Cut North Jetty originates at the southeastern comer of South Pointe Park
and extends 1,000 yards offshore. The purpose of the jetty is to protect ships, navigating
in Government Cut, from near shore currents.
The jetty is constructed of large (4 - 6 foot diameter) limestone boulders. As a result of the
relatively large interstitial spaces (gaps) between the boulders and the intense wave and
tidal action to which the jetty is subjected, sand from the beach area north of the cut (South
Pointe Beach) is leaking or seeping through the jetty and into Government Cut. The leakage
of sand through the cut results in the continued erosion of the South Pointe Beach area and
the need to periodically re-dredge Government Cut.
In order to rectify both problems, the U.S. Army Corps of Engineers (ACOE) has developed
plans and allocated funding for a Government Cut North Jetty Sand Tightening Project
(Project) to seal the jetty. The overall project plan calls for the removal of the large boulders
from the shoreline out to 100 yards offshore. [The remaining 900 yards of the jetty were
"tightened" by the ACOE from a barge based project, more than 10 years ago.] The
excavated area will then be backfilled with smaller (6" - 12") limestone rocks and then the
large boulders will be replaced over top of the smaller rocks. The smaller stones,
compacted by the boulders, will be an effective barrier to sand migration.
The Dade County Department of Environmental Resources Management (DERM) is
-Agenda Item~
Date 3..'2.0..'fk.
acting as the local sponsor for the Project under a cost sharing agreement. As the local
sponsor, the DERM is required to obtain for the ACOE's benefit, the necessary "lands,
Easements and Rights-of-Way" to enable to ACOE to implement the Project. Because the
seaward end of South Pointe Park is the only viable staging area for the project, (the area
north of the jetty is too shallow for a barge based project and the Coast Guard will not allow
a barge to operate from inside the cut) the DERM has requested a short term lease to
enable them to establish the temporary construction staging area required by the ACOE.
The Project plan calls for the fencing off of an area of about one half acre in the seaward
end of the park between the boardwalk and the paved pedestrian trail. The secured area will
be used to temporarily stockpile the boulders removed from the jetty as well as for the
storage of vehicles and project related equipment. A non-secured area will also to identified
to serve as the Contractor's access corridor between the jetty and the staging area.
The ACOE's contractor will be required to complete the jetty repairs within 120 days
following receipt of their notice to proceed and the ACOE anticipates issuing the notice by
early summer.
Public access to the majority of the park area, including the beach, boardwalk, trail, palm
garden, restaurant, and parking areas, will not be affected by the Project. Only the
proposed staging area and the fishing pier will be closed for the duration of the project.
The Project plan has been discussed with, and approved by, members of the South Pointe
Advisory Board, Culture, Parks & Recreation Dept. and the Parks Master Plan Architects.
CONCLUSION
The City Commission should hereby approve the attached short term lease agreement to
allow for the establishment of a Temporary Construction Staging Area for the Government
Cut North Jetty Sand Tightening Project and further authorize the Mayor and City Clerk to
execute the lease agreement.
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F.\GSADISALL\BIlUCElCOMMllETTY.COM
LEASE AGREEMENT
This Lease Agreement is entered into this _ day of , 1996, by and
between the CITY OF MIAMI BEACH, Florida, as Lessor (hereafter referred to as
LESSOR or CITY), and the DADE COUNTY DEPARTMENT OF ENVIRONMENTAL
RESOURCE MANAGEMENT, as Lessee (hereafter referred to as LESSEE or DERM).
In consideration of the premises, terms and for other good and valuable
consideration, the LESSOR and the LESSEE hereby agree as follows:
1. LESSOR leases to LESSEE that real property, identified below and fully
described and depicted herein as Attachment A (hereinafter referred to as the
premises) :
Approximately one half acre area
at the seaward end of the South Pointe Park,
between the paved walking trail and the boardwalk.
2. The premises shall be used solely for and by the DERM, for the use and
benefit of the DERM, the U.S. Army Corps of Engineers (ACOE) and the ACOE's
Contractor (Contractor), 24 hours per day, seven days per week, holidays included,
for the purpose of storing construction vehicles and materials, including but not limited
to, limestone rocks & boulders, heavy equipment, trucks and other related construction
machinery, all related to the Contractor's work on the Government Cut North Jetty
Sand Tightening Project (the Project).
3. The DERM (and/or the ACOE) shall be solely responsible for securing the
perimeter of the area by placing and maintaining, at DERM's (and/or ACOE's) sole cost
and expense, fencing around the perimeter surrounding the premises.
4. DERM (or the ACOE) shall operate within the boundaries of the premises
and shall maintain same in a sanitary condition and in accordance with Federal, State
and Local environmental agency regulations and the rules, regulations, ordinances and
permits of the City of Miami Beach.
5. Disruption to the immediate neighborhood shall be kept to a minimum and
construction hours shall be from 7:30 am until 6:30 pm, as per City Ordinance No.95-
2982.
25
6. LESSOR shall charge LESSEE a minimum rate for lease of the premises
in the amount of one dollar ($1.00).
7. The DERMwarrents to the Lessor that, as a County agency, it is
adequately insured. Therefore, no additional or outside coverage is sought to cover
possible liability claims against the DERM. Notwithstanding the foregoing, and in
consideration of the benefit derived by the DERM from its use of the premises, the
DERM shall assure that its Contractor maintains in full force and effect, covering the
premises throughout the term of this Agreement, Commercial General Liability
insurance coverage in the amount of $500,000 per occurrence for bodily injury and
property damage. This policy must also contain coverage for premises operations, and
name the CITY as additional insured. A copy of the Contractor's certificate of
insurance shall be submitted to the City's Risk Management Division prior to the
commencement of work.
8. RIGHT OF ENTRY: LESSOR or any of its agents or representatives, shall
have the right to enter upon the premises during all hours during which LESSEE
occupies same, to examine the premises and monitor the condition of same.
9. SECURITY: LESSEE shall provide its own security throughout its
occupancy of the premises. It is expressly agreed and understood that the LESSOR
shall not in any way be or assume responsibility for the personal safety of LESSEE's
employees, invitees, contractors, agents or any other person entering the premises in
conjunction with this Agreement, as well as any equipment or personal property
brought onto the premises where there is result of loss, theft, damage, or any other
type of casualty which may occur.
10. MAINTENANCE: LESSEE, at its sole cost and expense, shall maintain (or
cause to be maintained) the premises in a clean and orderly condition, not allowing
refuse or debris to accumulate, including but riot limited to maintaining the general
grass and other landscaping surrounding in and around the premises in the same
condition to which same was maintained by LESSOR prior to commencement of this
Agreement. LESSEE shall repair any damage caused as a result of its use of the
premises under this Agreement. Failure to maintain the premises may result in
26
LESSOR revoking the Agreement or providing for cleanup services and charging the
costs of this service back to the LESSEE.
11. INDEMNIFICATION: In consideration of the CITY's permission for
LESSEE's and/or its agents, employees, and/or invitees' occupancy and use of the
premises during the terms of this Agreement, LESSEE agrees to indemnify, defend, and
hold the CITY harmless to the extent of the limitations included in Florida Statute
768.28, subject to the provision herein whereby the LESSEE shall not be held liable
to pay personal injury or property damage claims or judgments by anyone person
which exceeds the amount of $100,000 or any claim or portions thereof, which, when
totalled with all other claims or judgments against LESSEE arising out of the same
incident or occurrence, exceed the sum of $200,000; from any and all personal injury
or property damage claims, liability, losses and causes of action which lie solely on the
LESSEE's, and/or its agents, employees and/or invitees' negligence in its use and
operation of the premises for the purpose stated herein. However, nothing herein shall
be deemed to indemnify the CITY for any liability and claim arising out of its
negligence, performance, or failure of performance of the CITY or as a result of the
negligence of any unrelated third party; provided that nothing herein contained shall
operate as a waiver as to third parties of either the CITY or the LESSEE's sovereign
immunity under Florida Statute 768.28.
12. This Agreement shall be subject to cancellation by either party upon thirty
(30) days written notice by certified mail or hand delivery as follows:
TO LESSOR:
Bruce D. Henderson, Environmental Specialist
City of Miami Beach
140 MacArthur Causeway
Miami Beach, FL 33139
with copies to
Murray H. Dubbin, CITY ATTORNEY
City of Miami Beach
1 700 Convention Center Drive
Miami Beach, FL 33139
27
TO LESSEE:
DADE COUNTY DEPARTMENT OF ENVIRONMENTAL
RESOURCE MANAGEMENT
13. This Agreement shall not be assigned without the prior written consent
of both parties hereto.
14. The term of this Agreement shall be for an eleven-month period, or the
completion date of the Government Cut North Jetty Sand Tightening Project,
whichever occurs first. This Agreement shall begin on , 1 996 and
shall terminate, at the latest date, as previously specified, on
1997.
1 5. The exercise of rights of cancellation under this Agreement may be with
or without cause for either party.
16. Upon expiration or other termination of the Agreement, LESSEE shall
immediately surrender possession of the premises to the LESSOR in substantially the
same condition in which LESSEE was required to maintain same hereunder, except for
damage by fire or other natural disaster. LESSEE agrees to restore the premises to
their condition immediately preceding the commencement of this Agreement. If,
within sixty (60) days following the occurrence, LESSEE fails to repair or replace any
damage to the premises caused by the LESSEE, it agents, its employees or invitees,
the LESSOR may, at its option, cause all required renovations, maintenance, repairs
or replacements to be made, and LESSEE will be charged for all costs.
17. LIMITATION OF LIABILITY: The CITY desires to enter into this Agreement
only if in so doing the CITY can place a limit on the CITY's liability for any cause of
action for money damages due to an alleged breach by the CITY of this Agreement,
so that its liability for any such breach never exceeds the sum of $5,000.00. LESSEE
hereby expresses its willingness to enter into this Agreement with LESSEE' s recovery
from the CITY for any damage action for breach of contract to be limited to a
28
maximum amount of $5,000.00.
Accordingly, and notwithstanding any other term or condition of this
Agreement, LESSEE hereby agrees that the CITY shall not be liable to the LESSEE for
damages in an amount in excess of $5,000.00 for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed
upon the CITY by this Agreement. Nothing contained in this paragraph or elsewhere
in this Agreement is in any way intended to be a waiver of the limitation placed upon
CITY's liability as set forth in Florida Statutes, Section 768.28.
WHEREFORE, the parties hereto have caused their proper officers to affix their
signatures and seals on the date first set forth above.
CITY OF MIAMI BEACH
ATTEST:
MAYOR
CITY CLERK
DADE COUNTY DEPARTMENT
OF ENVIRONMENTAL RESOURCES
MANAGEMENT
ATTEST:
APPROVED AND ACCEPTED BY:
ATTEST:
U.S. ARMY CORPS OF ENGINEERS
29
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RESOLUTION NUMBER
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A SHORT TERM LEASE AGREEMENT WITH THE DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES TO ESTABLISH A
TEMPORARY CONSTRUCTION STAGING AREA AT THE SEAWARD END OF
SOUTH POINTE PARK FOR THE GOVERNMENT CUT NORTH JETTY SAND
TIGHTENING PROJECT.
WHEREAS, the design of the Government Cut North Jetty was faulty in that it allows beach
sand to leak through; and
WHEREAS, the leakage of sand through the jetty is eroding the South Pointe Beach and
threatening navigation in Government Cut; and
WHEREAS, the U.S. Army Corps of Engineers has developed and funded a Government
Cut North Jetty Sand Tightening Project (Project) to seal the jetty; and
WHEREAS, the Dade County Department of Environmental Resources Management
(DERM) is sponsoring the implementation of the Project; and
WHEREAS, the DERM, through their designated representatives, has expressed an interest
to enter into the attached short term Lease Agreement to establish a temporary construction
staging area for the Project; and
WHEREAS, the Project will benefit the City by slowing the erosion of South Pointe Beach
and protecting local navigation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be herein authorized
to execute the attached short term Lease Agreement with the Dade County Department of
Environmental Resources Management to establish a temporary construction staging area at the
seaward end of South Pointe Park for the Government Cut North Jetty Sand Tightening Project.
Passed and Adopted this 20th day of March, 1996.
MAYOR
ATTEST:
CITY CLERK
RESOLUTION NUMBER
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A SHORT TERM LEASE AGREEMENT WITH THE DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES TO ESTABLISH A
TEMPORARY CONSTRUCTION STAGING AREA AT THE SEAWARD END OF
SOUTH POINTE PARK FOR THE GOVERNMENT CUT NORTH JETTY SAND
TIGHTENING PROJECT.
WHEREAS, the design of the Government Cut North Jetty was faulty in that it allows beach
sand to leak through; and
WHEREAS, the leakage of sand through the jetty is eroding the South Pointe Beach and
threatening navigation in Government Cut; and
WHEREAS, the U.S. Army Corps of Engineers has developed and funded a Government
Cut North Jetty Sand Tightening Project (Project) to seal the jetty; and
WHEREAS, the Dade County Department of Environmental Resources Management
(DERM) is sponsoring the implementation of the Project; and
WHEREAS, the DERM, through their designated representatives, has expressed an interest
to enter into the attached short term Lease Agreement to establish a temporary construction
staging area for the Project; and
WHEREAS, the Project will benefit the City by slowing the erosion of South Pointe Beach
and protecting local navigation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be herein authorized
to execute the attached short term Lease Agreement with the Dade County Department of
Environmental Resources Management to establish a temporary construction staging area at the
seaward end of South Pointe Park for the Government Cut North Jetty Sand Tightening Project.
Passed and Adopted this 20th day of March, 1996.
MAYOR
ATTEST:
CITY CLERK
24
RESOLUTION NUMBER
A RESOLUTION OF THE MA VOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MA VOR AND CITY CLERK TO
EXECUTE A SHORT TERM LEASE AGREEMENT WITH THE DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES TO ESTABLISH A
TEMPORARY CONSTRUCTION STAGING AREA AT THE SEAWARD END OF
SOUTH POINTE PARK FOR THE GOVERNMENT CUT NORTH JETTY SAND
TIGHTENING PROJECT.
WHEREAS, the design of the Government Cut North Jetty was faulty in that it allows beach
sand to leak through; and
WHEREAS, the leakage of sand through the jetty is eroding the South Pointe Beach and
threatening navigation in Government Cut; and
WHEREAS, the U.S. Army Corps of Engineers has developed and funded a Government
Cut North Jetty Sand Tightening Project (Project) to seal the jetty; and
WHEREAS, the Dade County Department of Environmental Resources Management
(DERM) is sponsoring the implementation of the Project; and
WHEREAS, the DERM, through their designated representatives, has expressed an interest
to enter into the attached short term Lease Agreement to establish a temporary construction
staging area for the Project; and
WHEREAS, the Project will benefit the City by slowing the erosion of South Pointe Beach
and protecting local navigation.
NOW, THEREFORE, BE IT DULY RESOLVED BV THE MA VOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be herein authorized
to execute the attached short term Lease Agreement with the Dade County Department of
Environmental Resources Management to establish a temporary construction staging area at the
seaward end of South Pointe Park for the Government Cut North Jetty Sand Tightening Project.
Passed and Adopted this 20th day of March, 1996.
MAYOR
ATTEST:
CITY CLERK
FOR!\/f A f'~r 0~. rr-~
Legal Dpt.
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Date 3 / Y7b