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HomeMy WebLinkAbout2000-24152 RESO RESOLUTION NUMBER 2000-24152 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 ALLISON PARK FOR THE EMERGENCY RENOURISHMENT OF THE SEVERELY ERODED BEACH AREA BETWEEN 63RD AND 69TH STREETS. WHEREAS, the beaches are a critical part of the quality of life of this community, providing aesthetic, environmental, hurricane mitigation and recreational benefits for our residents and tourists; and WHEREAS, beaches continue to be the region's number one tourist attraction and are thus vital to our economic well-being; and WHEREAS, beach erosion continues to be a major problem in Miami Beach; and WHEREAS, the erosion of the beachfront area in the North Beach area from approximately 63rd Street north to 75th Street, has reached a critical stage where emergency and public access have been lost, most of the protective dunes are gone and upland property losses are eminent; and WHEREAS, emergency steps must be taken to provide temporary relief to this most critically eroded section of beach to provide some degree of Storm Protection for this currently unshielded area, as well as, to help prevent upland flooding and the loss of coastal infrastructure, until such time as a complete renourishment can be completed; and WHEREAS, on January 26, 2000, the Mayor and City Commission adopted Resolution No. 2000-23782, which declared a State of Emergency for the North Beach area and called on the United States Army Corps of Engineers (ACOE) to take such emergency actions as were necessary to provide the most critically eroded sections with some degree of Storm Protection, until such time as a complete renourishment of the area can occur; and WHEREAS, in response to the emergency declaration, the ACOE appropriated $3,000,000 in emergency funds and issued a change order to their Sunny Isles Beach Renourishment Contract to include the placement of 200,000 cubic yards of sand along the critically eroded section of Miami Beach, between 63rd and 69th Streets; and WHEREAS, the renourishment of the North Beach area is scheduled to begin in late November, 2000 and will require approximately two months to complete; and WHEREAS, in order to facilitate the implementation of the renourishment work, the Administration has negotiated the attached Short-term Lease Agreement, which will allow Miami -Dade County, the ACOE and their contractors to utilize the seaward portion of Allison Park at 64th Street and Collins Avenue as a temporary staging area for storage of material and equipment, provided that public beach access is maintained whenever possible, that noise and disruption of the surrounding neighborhood be kept to a minimum, and that the site be fully restored upon completion of the renourishment 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 Commission herein authorize the Mayor and City Clerk to execute a Short Term Lease Agreement with the County to establish a temporary construction staging area at the seaward end of Allison Park for the emergency renourishment of the severely eroded beach area between 63rd and 69th streets. Passed and Adopted this 8th day of November, 2000. ATTEST: pry PALL, CITY CLERK 11/ MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION /0 1-7-6V CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 TO: COMMISSION MEMORANDUM NO. g 3 g- — 00 ea Mayor Neisen O. Kasdin and DATE: November 8, 2000 Members of the City Commission FROM: Jorge M. Gonzalez City Manager 1 SUBJECT: A RESOLUTION 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 ALLISON PARK FOR THE EMERGENCY RENOURISHMENT OF THE SEVERELY ERODED BEACH AREA BETWEEN 63RD AND 69TH STREETS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Beach erosion has been a problem on Miami Beach since the 1930's. The earliest erosion control methods involved the construction of groin fields (submerged walls built perpendicular to the beach) and bulkheads but, poor design work and over -proliferation of the structures accelerated the beach erosion. By the late 1950's, the beach had eroded to such an extent that most beachfront properties were forced to construct seawalls to prevent their structures from being undercut by the encroaching tides. In the mid -1970's the U.S. Army Corps of Engineers (ACOE) and Miami -Dade County entered into a 50 year contract for the joint management of the County's sandy beaches. Shortly thereafter, the ACOE constructed a flood control dike (sand dune system) and an "engineered" beach along the entire length of Miami Beach. The new engineered beach was 200 feet wider than the native beaches had ever been. The new beaches were a tremendous success and have been credited for contributing significantly to the resurgence of our local economy. The sand used to construct the dunes and beaches was pumped or hydraulically dredged from deposits of sand about a quarter mile off our coast, However, the original beach nourishment project and the periodic placement of additional sand to "renourish" eroding beach areashave C AGENDA ITEM 1- DATE II' —00 almost completely depleted the near shore deposits of sand. There is not enough sand left in our near shore deposits to meet the immediate renourishment needs of the County. Faced with a continuing need for sand to maintain our beaches and an exhausted supply of local sand, the City, County and ACOE have been jointly developing a Test Beach Project which will involve the renourishment of the North Beach area, utilizing sand imported from the Bahamas or Turks & Caicos Islands. Despite our success in obtaining a $7,100,000 appropriation for the Test Beach Project in the Energy and Water Appropriations Act of 1998, a "poison pill" provision inserted into the appropriation by maritime interests opposed to the potential for foreign competition, has blocked the project from proceeding. The ACOE is now conducting the additional environmental assessments and feasibility studies required to allow the Test Beach Project to proceed, but construction is not anticipated to begin until fiscal year 2002/03. As can be seen in the photographs below, what was a highly eroded section of shoreline when the planning of the Test Beach Project started, has now deteriorated into an emergency situation which poses a serious threat to the lives, property and businesses in the region. The City has been forced to close public beach access ways due to the safety hazards created by the extreme erosion and emergency vehicle access to the area has been lost. The region simply cannot continue to withstand hurricane and nor'easter season storm events without immediate relief action. Allison Park Beach - Spring 1999 Allison Park Beach - Winter 1999 On January 26, 2000, the Mayor and City Commission adopted Resolution No. 2000-23782, which declared a State of Emergency for the North Beach area and called on the ACOE to take such emergency actions as were necessary to provide the most critically eroded sections with some degree of Storm Protection, until such time as a complete renourishment of the area can occur. In response, the ACOE appropriated $3,000,000 in emergency funds and issued a change order to their Sunny Isles Beach Renourishment Contract to include the placement of 200,000 cubic yards of sand along the critically eroded section of Miami Beach, between 63rd and 69th Streets. F \WORR\SALLBBRUCE\COMMWOBE COM The volume of sand to be place along North Beach represents the total amount of sand in the last known borrow area that will not be utilized by the previously planned Sunny Isles Beach renourishment project. The renourishment of the North Beach area is scheduled to begin in January, 2001 and will require approximately two months to complete. Under the beach renourishment contract, Miami -Dade County is required to provide the contractor with a temporary staging area for storage of material and equipment. In order to facilitate the implementation of the renourishment work, the Administration has negotiated the attached Short-term Lease Agreement which will allow Miami -Dade County, the ACOE and their contractors to utilize the seaward portion of Allison Park at 64th Street and Collins Avenue as the required temporary staging area (See below). Allison Park Beach - 64th Street & Collins Avenue The proposed staging areas will be located in a relatively unused portion of the park that lies between the sand dunes and the coral rock wall which bisects the park from north to south. The Agreement also includes provisions that require public beach access to be maintained whenever possible, that noise and disruption of the surrounding neighborhood be kept to a minimum, and that the site be fully restored upon completion of the renourishment project. City staff will also serve as Project Liaisons to keep area residents and business owners informed, to ensure the Community's needs and concerns are addressed, and to resolve any problems which may arise. CONCLUSION The City Commission should hereby adopt 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 Allison Park for the emergency renourishment of the severely eroded beach area between 63rd and 69th streets. Attachment JM F \WORRITALL\BRUCE\COMf.NODE COM LEASE AGREEMENT This Lease Agreement (Agreement) is entered into this day of 2000, by and between the CITY OF MIAMI BEACH, Florida, (hereafter referred to as LESSOR or CITY), and MIAMI-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, depicted and fully described below (hereinafter referred to as the premises): Allison Park Beach — 641h Street & Collins Avenue Leeal Description: A portion of Lots 30-34 and S. 25' of Lot 35, Block 1 (28-28) Amended Plat 2nd Oceanfront Subdivision. 2. The premises shall be used by 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, solely for the purpose of storing construction vehicles and materials, including but not limited to, pipelines, heavy equipment, trucks and other construction machinery, all related to the Contractor's work on the 65th Street beach renourishment project (the Project). 121 3. The COUNTY shall be responsible for securing the equipment storage areas by placing and maintaining, at COUNTY'S sole expense, a temporary chain-link fence around their perimeter. 4. The COUNTY, the ACOE and/or the Contractor 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, Miami -Dade County, and the State of Florida. 5. Noise and disruption to the immediate neighborhood shall be kept to a minimum and construction hours shall be limited to 7:30 a.m. until 6:30 p.m., whenever possible. 6. LESSOR shall charge LESSEE a 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 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 shall also contain coverage for premises operations, and name the LESSOR as additional insured. A copy of the contractors' certificate of insurance shall be submitted 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 on to 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 not limited to maintaining the general landscaping 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 any one person which exceeds the amount of $100,000 or any claim or portions thereof, which, when totaled 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 writing of the nature of the 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 existence 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: Bruce D. Henderson, Environmental Specialist City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 With copies to: Murray Dubbin, City Attorney TO LESSEE: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Brian Flynn Miami -Dade County Department of Environmental Resources Management 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 terms 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 January 1, 2001, whichever occurs first. 15. Upon expiration of 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, 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. 16. 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. 17. Accordingly, and not withstanding any other term or condition of this Agreement, LESSEE hereby agrees that the CITY shall not be liable to the LESSEE for damage in an amount in excess of $5,000 for any action or claim for breach of contract arising our 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 MAYOR OA tSEh1 0. Kf44DIn) MIAMI-DADE COUNTY COUNTY MANAGER ATTEST: PaJ.da1 CITY CLERK ATTEST: COUNTY CLERK APPROVED AS 70 FORM & LANGUAGE & FOR EXECUTION City Atlnmevz r Data