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Home My Public Portal About1997-52 Cape Florida fill material excavation interlocal agreement with Metro-Dade CountyRESOLUTION NO. 97-52 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT ON BEHALF OF THE VILLAGE WITH METROPOLITAN DADE COUNTY, FLORIDA, 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 interlocal agreement for excavation and receipt of Cape Florida fill, on behalf of the Village, with Metropolitan Dade County, Florida. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of October, 1997 ._ ., , 9 .e., e7 _, OR JOHN F. FESTA A : /h ; 4 V HITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN tat of RICHARD J. WEISS, VILLAGE ATTORNEY Attachment I (cont.) understanding. TERM OF TIE UNDERSTANDING The period of performance shall commence on the date of execution, which can be no later than December 1, 1997, and continue to January 10, 1998. REIMBURSEMENT The VILLAGE shall reimburse the COUNTY in an amount not to exceed $3.45 per cubic yard for 32,000 cubic yards of fill as specified by Resolution 97-51, Exhibit A. INVOICING AND PAYMENT The COUNTY invoices, including complete documentation of material and service costs,- shall reference the COUNTY'S project name and shall be sent to the following address and project manager: Attn.: C. Samuel Kissinger, Village Manager 85 West McIntyre Street Key Biscayne, Florida 33149 AMENDMENT -No amendment to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED BY THE RESPECTIVE OFFICIALS THEREUNTO DULY AUTHORIZED, THIS THE DAY AND YEAR FIRST WRITTEN. ATTEST: DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN ARMANDO VIDAL CLERK OF THE BOARD COUNTY MANAGER Attachment I (cont.) ATTEST: CONCHITA H. ALVAREZ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: COUNTY ATTORNEY VILLAGE OF KEY BISCAYNE, FLORIDA, a municipal corporation of the State of Florida C. SAMUEL KISSINGER VILLAGE MANAGER APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA & HELFMAN, P.A. VILLAGE ATTORNEY Exhibit A RESOLUTION NO. 97-5X 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 TIE 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 (MEWL); 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 I. 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. Exhibit A (cont.) Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of October, 1997 CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD J. WEISS, VILLAGE ATTORNEY Attachment 1 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 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: JOHN A. HINSON PRESIDENT 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 32.000 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 oLthe 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 (coot.) 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; 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, C._ John A. ' nson President JAH/mp APPROVED AND AGREED: VILLAGE OF KEY BISCAYNE By: L C. Samuel Kissinger, ; Tlage Manager Exhibit B SCOPE OF WORK ADDITIVE A (PARTIAL) WETLAND RESTORATION PROJECT BILL BAGGS STATE PARK, KEY BISCAYNE Project Description: To implement approximately 9.3 acres of wetland restoration project at the southern portion of the Additive A area in Bill Baggs State Park, Key Biscayne, Dade County. An estimated 49,200 cubic yards of material will be excavated, of which 32,200 cubic yards will be delivered to the Village of Key Biscayne. Project Details: 1. The project limit is located at the southern portion of the Additive A area, as delineated in the construction plans for the Cape Florida Wetland Restoration project, dated 12/28/95. The project area consists of approximately 8.5 acres of upland area, as illustrated in Figure 2 and are divided into two (2) sub -regions and labeled as Area IIa (8.0 acres) and Area IIb (1.3 acres). 2. Area IIa will be excavated to the design grades as illustrated in Figure 2 according to the 1995 construction plan of the Cape Florida Wetland Restoration project. This will yield approximately 10,900 cubic yards of Type "A" material, 2,300 cubic yards of Type "B" material and 27,000 cubic yards of Type "C" material. 3. Excavation of Area IIb to an elevation of +2.5 feet NGVD will yield approximately 9,000 cubic yards of Type "B" material. 4. An estimated 32,200 cubic yards of material will be delivered to the Village of Key Biscayne (Figure 3), of which 10,900 cubic yards of Type "A" material will be placed on the beach, starting at the southern property line of the Ocean Club extending north. The beach fill will be placed above Mean High Water Line, following the design template, as approved in the State DEP Permit (Figure 4). An estimated 11,300 cubic yards of Type "B" and 10,000 cubic yards of Type "C" material will be placed onto the Ocean Club site and onto the Village Beach Park (up to +8 feet or +9 feet NGVD) landward of the Erosion Control Line (ECL). 5. In this project, the Type "A" material is referenced to beach quality sand, Type "B" material mixed sand & clay and Type "C" clay material. F:\PROJECT1105600\Correspondence\Scope of Work Outline Revised.doc Exhibit B (cont.) BISCAYNE BAY CAPE FLORIDA WETLAN D RESTORATION ADDITIVE A • ATLANTIC OCEAN FIGURE 1 LOCATION MAP OF ADDITIVE A AT CAPE FLORIDA Exhibit B ( cont. 05600S5\10-97 TYPE "B & "C" MATERIALS TO BE PLACED ONTO SANDS CON__ OCEAN CLUB & BEACH PARK LANDWARD OF ECL .1 ° i LINE OF OCEAN CLUB --s.` EXTENDING NORTH VILLAGE OF %' KEY BISCAYNE !! CASA DEL MAR CONDO lc '\• .4, - +i , ',1.. PINES CANAL ADDITIVE "A" NOTE: CONSTRUCTION ACCESS TO BE DETERMINED BY THE VILLAGE - OCEAN CLUB A BEA BEACH TYPE "A" MATERIAL TO BE PLACED SEAWARD OIL ECL STARTING AT SOUTH 'PROPERTY • . • • 1 rte.-w-.----r PROJECT AREA R-105 (44 O R-106 EROSION CONTROL LINE (ECL) BILL BAGGS STATE PARK 7 A R BISCAYNE BAY 1"=600' 108 FIGURE 3 PROPOSED FILL LOCATIONS AT THE VILLAGE 105600\CC-VICIN.CDR\10.27-971:1 IiY 1d W]1 NOIIOIS SSOHO 1VOId)d nm G c 1 m