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97-22613 RESO RESOLUTION NO. 97-22613 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 MIAMI-DADE COUNTY 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 causing beach erosion in the South Pointe area and is threatening navigation in Government Cut; and WHEREAS, the V,S. Army Corps of Engineers (ACOE) has developed and funded a Government Cut North Jetty Sand Tightening Project (Project) to seal the jetty; and WHEREAS, Miami-Dade County is sponsoring the implementation of the Project; and WHEREAS,the County, through its 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, beach erosion in South Pointe and protecting local navigation; and WHEREAS, the Mayor and City Commission previously approved a short term Lease Agreement for the Project on March 20th, 1996; and WHEREAS, project engineering and contracting delays, on the part of the ACOE, caused the implementation of the Project to be delayed for more than a year; and WHEREAS, the previous Lease Agreement expired during the delay; and WHEREAS, the delay problems have been resolved and the ACOE is now prepared to proceed with the Project. 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 Miami-Dade County 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 11th day of December, 1997, MAYORIff! ATTEST: JJL6 POAL CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1At;~ 11-(,i?7 ( I T YI 0 F M I A M I B E A ( H to CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM: NO. (( 5-q I TO: Mayor Neisen Kasdin and Members of the City Commission DATE: December 17, 1997 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: A RESOLUTION HORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SHOR TERM LEASE AGREEMENT WITH MIAMI-DADE COUNTY TO ESTABLISH A TEMPORARY CONSTRUCTION STAGING AREA AT THE SEAWARD END OF SOUTH POINTE PARK FOR THE GOVERNMENT CUT NORTH JETTY SAND TIGHTENING PROJECT. ADMINISTRATION RECOMMENDATION Approve the resolution, BACKGROUND The North Jetty at Government Cut Inlet is a 1,000 yard long jetty or peninsula which was built with large boulders that range from 5 to 8 feet in diameter. This design has proven to be faulty because there are large interstitial gaps between the boulders which allow beach sand to leak through the jetty into Government Cut. The leakage of sand through the jetty is causing beach erosion in the South Pointe area and is threatening navigation in Government Cut. The rate of leakage through the jetty has been estimated to be as high as 20,000 cubic yards per year, which equates to about $250,000 per year in renourishment costs. The U.S, Army Corps of Engineers (ACOE) has developed and funded a Government Cut North Jetty Sand Tightening Project (Project) to seal the jetty, The sealing process will involve the temporary removal of the boulders, construction of a new jetty, 15 feet deep and 30 feet wide, utilizing 3 to 6 inch diameter stones, and placement of the boulders on top to hold the new jetty in place. AGENDA ITEM C I J) DATE \2- \l-~l / Miami-Dade County (County) is co-sponsoring the Project with the ACOE. The County previously requested authorization to utilize the seaward end of South Pointe Park as a temporary construction staging area for the Project. The City Commission approved the County's request by authorizing the execution of a short term lease agreement on March 20th, 1996. Project engineering and contracting delays, caused the implementation of the Project to be delayed for more than a year. During the hiatus, the lease agreement expired. The ACOE is now prepared to proceed with the Project and the County has again requested that the City authorize the use of the seaward end of South Point Park as a temporary construction staging area (see attached), ANAL YSIS The construction staging area will occupy approximately one half acre at the seaward end of South Pointe Park, between the paved walking' trail and the boardwalk. Attachment "A" of the Lease Agreement is a map depicting the boundary of the staging area. The plans for the proposed staging area have been reviewed and approved by the City's Department of Culture, Parks and Recreation, The term of the lease shall be for an eleven-month period beginning with the date that the contractor fIrst moves equipment on the property or September 1, 1998, whichever occurs fIrst, Following approval of the lease, the ACOE plans to advertise the Project for bids in April, 1998 with the contract to be awarded about June 1, 1998, The Project bid specifIcations require the sand tightening of the jetty be completed within 120 days following the issuance of the notice to proceed by the ACOE. CONCLUSION The City Commission should hereby approve the attached Resolution approving the execution of a short term lease agreement with the County to establish a temporary construction staging area at the seaward end of South Pointe Park for the Government Cut North Jetty Sand Tightening Project. Attac~ent JGP/l14/~~ I LEASE AGREEMENT This Lease Agreement is entered into this 17th day of December I 1997, by and between the CITY OF MIAMI BEACH, Florida, (hereafter referred to as LESSOR or CITY), and METROPOLITAN DADE COUNTY (hereafter referred to as LESSEE or COUNTY). 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 COUNTY, for the use and benefit of the COUNTY, 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 and 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 COUNTY (and/or the ACOE) shall be solely responsible for securing the perimeter of the area by placing and maintaining, at COUNTY's (and/or ACOE's) sole cost and expense, fencing around the perimeter surround ing the premises, 4. COUNTY (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, Metropolitan Dade County, and the State of Florida. 1 5. Disruption to the immediate neighborhood shall be kept to a minimum and construction hours shall be from 7:30 a.m. until 6:30 p.m., as per City Ordinance No. 95- 2982. 6. LESSOR shall charge LESSEE a minimum rate for lease of the premises in the amount of one dollar ($1.00). 7. The LESSEE warrants to the LESSOR that the LESSEE is adequately insured with regard to the Project and its premises. The parties further acknowledge that the ACOE, an agency of the United States of America, is self insured. Lessee affirms that it previously entered into a written agreement with the United States of America to hold and save harmless the United States free from claims for damages that may result from construction or maintenance of the improvement. It is agreed that the contract let to accomplish the Project purposes shall contain a provision provision requiring all contractors to acquire and maintain in full force and effect 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 LESSOR as additional insured. A copy of the contractors' certificate of insurance shall be submitted to the LESSOR'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. 2 10. MAINTENANCE: LESSEE, at its sole cost and expense I shall maintain (or cause to be maintained) the premises in a clean and orderly condition, not allowing refuse or debris to accumulate, including but not 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 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 judgment by anyone person which exceeds the amount of $100,000 or any claim or portions thereof, which, when totalled with all other claims or judgment 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. As a condition precedent to a party attempting to terminate this Agreement for any reason, that party must first notify the other party in writting of the nature of the 3 purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. The parties shall each pay 50 percent of any costs for the services provided by such a third party as such costs are incurred. The existance of a dispute shall not excuse the parties from performance pursuant to this Agreement. Notices under this Agreement shall be delivered as follows: TO LESSOR: with copies to: TO LESSEE: Bruce D. Henderson, Environmental Specialist City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Murray Dubbin, City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Brian Flynn, Chief Metropolitan Dade County Department of Environmental Resources Management Coastal Enhancement and Restoration Section 33 S.W. 2nd Avenue Miami, FL 33130 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 beginning with the date that the LESSEE'S Contractor(s) first moves equipment on to the property or September 1, 1998, whichever occurs first. 15. 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 4 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, its 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. 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 maximum account of $5,000. 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 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. 5 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 MAYOR METROPOLITAN DADE COUNTY U.s. ARMY CORPS OF ENGINEERS y:tlvcAAYJ W. ~~ ( APPROVED AND ACCEPTED BY: .( ATTEST: lZrk cY ecuclv-- CITY CLERK ", ,,,,., Oi J,' . ~ o _ ". .....' " ,..," ;,. ,:,:'.~' i'/' "...""'i, : ,', \~:~An. EIT.: " .j . '~ "... 'fl.""'" 0.,. (J ..\." '. c' J,r~ .. ',' ~ ",~,~ * /~~~ ATTEST: APPROVED M, TO FORM & LANGUAGE & FOR EXECUTION 6 ~ 1{t4; ----- I -.;;;-;:;- /- ~ r ) r 1;1111 l:!i ;1' i :'1 , , /1 , k~ ~ , , _v~ , i!i i Q~ ; -/ . , . ...~l , I I I /1, I , I I I I , ,^, ,0.. ," 11,111 I~ . I ~ . :1,,11, I I ">"",J I 1~jJ? , ,',,= I ,Q r:.:"-! " II ,>-- \ 1) ( . ti ,<( ,. f . ,i5 ., . 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