HomeMy Public PortalAbout1997-63 Cape Florida fill material excavation donation agreement with Ocean Club Development, Inc. agreement, Attachment BRESOLUTION NO. 97-63
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE AN AMENDMENT TO THE AGREEMENT,
ATTACHED AND MARKED AS ATTACHMENT B, ON BEHALF
OF THE VILLAGE WITH OCEAN CLUB DEVELOPMENT, INC.,
KEY BISCAYNE, FLORIDA, FOR FUNDING OF THE
EXCAVATION AND RECEIPT OF CAPE FLORIDA STATE
RECREATION AREA WETLAND RESTORATION FILL
MATERIAL, PREVIOUSLY AUTHORIZED BY RESOLUTION
97-51; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Resolution 97-51 adopted October 28, 1997, attached and marked as
Attachment A, authorized the Village Manager to enter into a contract with the Ocean Club
Development, Inc. for funding of the Cape Florida Project with the stipulation that "project
commencement is to occur by December 1, 1997 and to be completed by January 10, 1997"; and
WHEREAS, the related authorized, Resolution 97-52 adopted October 28, 1997, Interlocal
Agreement with Miami -Dade County, Florida for administration of said Project could not be placed
on the County Commission Agenda before December 2, 1997; and
WHEREAS, Ocean Club Development, Inc. has approved a change in Project time frames,
attached and marked as Attachment C;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE,
FLORIDA AS FOLLOWS:
Section 1. The Village Manager is hereby authorized to amend the original attached
Agreement as follows:
a. The Project commencement shall occur as soon as is practicable and be completed
no later than March 1, 1998.
Section 2. The Village Manager is further authorized to execute Attachment B which is
attached and part of this resolution.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 10th day of December, 1997
CIONCHIT H. ALVA Z,, VILLAGE CLERK
I / LA/ CI'/C. rD/"
APPROVED AS TO O /FORM AND LEGAL SUFFICIENCY
hA—Th
RICHARD J. WEISS, VILLAGE ATTORNEY
RESOLUTION 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, authorizug
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 Daggs
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.
" A T T A C H M E N T A ( c o n t . )
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Attachment I
OCEAN CLUB DEVELOPMENT COMPANY
THE COLONNADE 169 MIRACLE MILE, SUITE 200, CORAL GABLES. FLORIDA 33134 PHONE (305) 444-2300 FAX (30S) 4464633
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 Tenn 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 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;
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. ' son
President
JAH/mp
APPROVED AND AGREED:
VILLAGE OF KEY BISCAYNE
By:
C. Samuel Kissinger, lage Manager
ATTACHMENT B
VILLAGE OF KEY BISCAYNE
Agreement Between
the Village of Key Biscayne and Ocean Club Development, Inc.
SCOPE OF SERVICES
FUNDING FOR CAPE FLORIDA STATE RECREATION AREA
WETLAND FILL EXCAVATION AND TRANSPORTATION
Addendum No. 1:
The Project commencement shall occur as soon as is practicable and be completed no later than
March 1, 1998.
Authorized by the Council of the Village of Key Biscayne, Florida on December , 1997 at a
regular meeting with the adoption of Resolution 97-____.
VILLAGE OF KEY BISCAYNE, FLORIDA MIAIVII-DARE COUNTY, FLORIDA
SIGNED: SIGNED:
TYPED NAME: TYPED NAME:
TITLE: II LE:
DATE: DATE:
ATTACHMENT C
OCEAN CLUB DEVELOPMENT COMPANY
THE COLONNADE, 169 MIRACLE MILE, SUITE 200, CORAL GABLES, FLORIDA 33134 PHONE (305)444-2300 FAX (305)446-3633
JOHN A. HINSON
PRESIDENT
November 20, 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
Letter Agreement dated October 27, 1997 (the "Agreement")
Dear Mr. Kissinger:
Please allow this letter to serve as our agreement to modify the Agreement.
The modification will be the substitution of paragraph 3 on page 2 with the following:
3. Th.e Project commencement shall occur as soon as is
practicable and be completed no later than March 1,
1998.
Your approval in the indicated space below will effectuate this modification to the Agreement.
John A. Hinson
JAH/mp
APPROVED AND AGREED:
VILLAGE OF KEY BISCAYNE
By:
C. Samuel Kissinger, Village Manager