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HomeMy Public PortalAbout1997-51 Cape Florida fill material excavation donation agreement with Ocean Club Development, IncRESOLUTION NO. 97-51 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH OCEAN CLUB DEVELOPMENT, INC. KEY BISCAYNE, FLORIDA, ACCEPTING A DONATION IN THE AMOUNT OF APPROXIMATELY $100,000.00 FOR THE EXCAVATION AND RECEIPT OF CAPE FLORIDA FILL MATERIAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council has historically supported beach preservation through dedicated funding, resolutions, and preparation for the pending beach nourishment; and WHEREAS, the Village Manager and the Beach Resources and Management (BRM) Task Force have negotiated for Cape Florida beach sand since June 10, 1996; and WHEREAS, the Village Council adopted Resolution 96-20, dated June 25, 1996, authorizing Coastal Systems International, INC. to prepare permit sketches for sand placement above the Mean High Water Line (MHWL); and WHEREAS, the Village is in a position to be issued a State of Florida Department of Environmental Protection permit for sand placement above the MHWL; and WHEREAS, the excavation of fill will move the State toward completion of the Bill Baggs Cape Florida Wetland Restoration; and WHEREAS, the excavation and receipt of Cape Florida non -beach quality fill will raise the Beach Park property to construction grade; and WHEREAS, the excavation and receipt of Cape Florida beach quality sand will help to mitigate beach erosion; and WHEREAS, the Village of Key Biscayne is prepared to receive this fill at no direct cost; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached agreement accepting a donation in the amount of approximately $100,000.00 for excavation and receipt of Cape Florida fill, on behalf of the Village, with Ocean Club Development, Key Biscayne, Florida. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of October, 1997 OR JOHN F. FESTA A.6/aw CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN RICHARD J. WEISS, VILLAGE ATTORNEY IMP Attachment I OCEAN CLUB DEVELOPMENT COMPANY THE COLONNADE, 169 MIRACLE MILE, SUITE 200, CORAL GABLES, FLORIDA 33134 PHONE (305) 444-2300 FAX (305) 446-3633 October 27, 1997 JOHN A. HINSON PRESIDENT Mr. C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 RE: Short Term Beach Re -Nourishment Project Dear Mr. Kissinger: Please allow this letter to serve as our agreement concerning the Short Term Beach Re - Nourishment Project which we have been jointly pursuing. Your approval in the space below shall serve to indicate our agreement concerning the Project on the following terms and conditions: You will enter into an Interlocal Agreement with Metropolitan Dade County for the Village to provide partial funding for the County's implementation of Additive A (Partial) Wetland Restoration Project in Bill Baggs Park, Key Biscayne, as generally described on Coastal Systems International's Cape Florida Wetland Project "Construction Sequence" drawings dated October 7, 1997, or such other design(s) as may be agreed upon between you and Dade County. The Interlocal Agreement will obligate the Village to pay the County for up to the following quantities of materials at the rate of $3.45 per cubic yard. Type "A" (Beach Quality Sand) 10,900 C.Y. Type "B" (Mixed Sand and Clay) 11,300 C.Y. Type "C" (Clay) 10,000 C.Y. Total 3 2, 000 C.Y. We will reimburse you at the rate of $3.45/CY for the material, up to the above maximum quantities, segregated by type and delivered to our designated locations on the eastern portion of The Ocean Club site. After delivery of the materials, we will spread the Type "A" material on to the beach between the Erosion Control Line and the mean high waterline in front of the Village Beach Park and The Ocean Club to conform with the long-term beach restoration design criteria set by the Village's coastal engineer, Coastal Systems International. Any excess Type "A" material will be made available to the Village for the Village to distribute on the beach at locations determined by the Village and at the Village's expense. We will spread the Type "B" and Type "C" material onto The Ocean Club site and onto the Village Beach Park (at up to +8 to +9 NGVD). Attachment I (cont.) Mr. C. Samuel Kissinger, Village Manager Village of Key Biscayne October 27, 1997 Page 2 Our agreement shall be contingent upon the following: 1. The Village shall obtain (or issue) any required permits at no cost to us; 2. The Village is to retain Coastal Systems International to complete all necessary project design and supervise and monitor the excavation, separation, delivered quantities and placement of all materials; C 3. The Project commencement is to occur by December 1, 1997 and to be completed by January 10, 1998. I look forward to the successful completion of the project with you. Sincerely, John A. inson President JAH/mp APPROVED AND AGREED: VILLAGE OF KEY BISCAYNE By: 1324 ,Cc, C. Samuel Kissinger, lage Manager Attachment I INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND METROPOLITAN DADE COUNTY This Agreement is entered into this day of , 1997, by and between the Village of Key Biscayne, a municipal corporation of the State of Florida, hereinafter referred to as `VILLAGE' and Metropolitan Dade County, hereinafter referred to as 'COUNTY'. RECITAL WHEREAS, the VILLAGE and the COUNTY agree to enter into an Interlocal Agreement to engage the professional services of the COUNTY'S Department of Environmental Resources Management to undertake an improvement and enhancement project on Key Biscayne State-owned property; and WHEREAS, the COUNTY agrees to provide all necessary in kind services for the implementation of an enhancement project at the State of Florida owned Bill Baggs Cape Florida State Recreation Area; and WHEREAS, funds have been identified, were accepted from the Ocean Club Development, Inc., and approved by the Village of Key Biscayne Council by Resolution 97-51, Exhibit A. NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND THE MUTUAL COVENANTS AND OBLIGATIONS HEREIN CONTAINED, AND SUBJECT TO THE TERMS AND CONDITIONS HEREINAFTER STATED, THE PARTIES HERETO UNDERSTAND AND AGREE TO AS FOLLOWS: STATEMENT OF WORK The COUNTY shall to the satisfaction of the VILLAGE, fully and timely perform all work items described in the "Scope of Work" attached hereto as Exhibit B and made part of this