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