HomeMy WebLinkAboutR-00-0606,
J-00-605
7/12/00
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSENT AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF^MIAMI J"CITY"), CALOR DEVELOPMENT, LTD.
("CALOR"), AND THE MIAMI-DADE COUNTY DEPARTMENT
OF ENVIRONMENTAL RESOURCES MANAGEMENT ("DERM"),
SUBJECT TO CALOR EXECUTING AN INDEMNIFICATION
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, REQUIRING CALOR TO COMPLY WITH ALL
REQUIREMENTS IMPOSED UPON THE „CITY AND CALOR,
PURSUANT TO THE TERMS AND CONDITIONS SET FORTH
IN THE AGREEMENT.
WHEREAS, the City of Miami ("City") is the owner of the
deep -water slip ("Slip") located adjacent to the American
Airlines Arena, east of Biscayne Boulevard and north of the
theoretical extension of Northeast 8th Street, Miami, Florida,
and
WHEREAS, the City and Calor Development, Ltd. ("CALOR")
entered into a Revocable License Agreement ("License Agreement")
dated January 4, 2000, to allow CALOR to install a boat docking
facility within a portion of the Slip, subject to CALOR obtaining
all necessary permits and approvals for the installation of the
boat docking facility; and
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CITY COMMISSION
MEETING OF
L J UL 120 2000
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WHEREAS, CALOR applied for, and received, a Class I Permit
("Permit"), (CC99-441), from the Miami -Dade County Department of
Environmental Resources Management ("DERM"); and
WHEREAS, pursuant to the permit, CALOR was permitted to
place a temporary floating dock in the Slip, subject to removal
of the floating dock no later than January 31, 2000; and
WHEREAS, DERM observed that, as of February 7, 2000, the
floating dock was not removed from the Slip in accordance with
the provisions of the Permit; and
WHEREAS, DERM and CALOR have negotiated a Consent Agreement
that is satisfactory to both parties and CALOR has agreed to
execute an Indemnification Agreement to require CALOR to comply
with all requirements imposed upon the City and CALOR;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized" to
execute a Consent Agreement ("Agreement"), in substantially the
�i The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
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attached form, between the City of Miami ("City"), Calor
Development, Ltd. ("CALOR"), and the Miami -Dade County Department
of Environmental Resources Management ("DERM"), subject to CALOR
executing an Indemnification Agreement, in a form acceptable to
the City Attorney, requiring CALOR to comply with all
requirements imposed upon the City and Calor, pursuant to the
terms and conditions set forth in the Agreement.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this 20th day of July , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the mayor did not indicate approval of
this legislation by signing it in the designated lac provided, said legislation now
becomes effective with the elapse of n 0) ays fr the dale pf Commi r, action
regarding same, without the Mayor;�C\,is,
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ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPTED/S, TO FORM AND CORRECTNESS :t
AANDR-6- VILARELLO
TY ATTORNEY
W4544:AF:BSS
Clerk
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 3 of 3 00—U
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MIAMI-DADE COUNTY DEPARTMENT OF )
ENVIRONMENTAL RESOURCES MANAGEMENT, )
Complainant, ) CONSENT AGREEMENT
Vs. 1
CALOR DEVELOPMENT, LTD. )
and )
CITY OF MIAMI )
Respondents )
This Agreement, entered into by and between Miami -Dade County DEPARTMENT OF
ENVIRONMENTAL RESOURCES MANAGEMENT (hereinafter referred to as DERM),
and CALOR DEVELOPMENT, LTD. and the CITY OF MIANII (hereinafter referred to as
Respondents), pursuant to Section 24-5(15)(c), Miami -Dade County Environmental
Protection Ordinance, shall serve to redress violations of Chapter 24 of the Code of
Miami -Dade County at the site located adjacent to the American Airlines Arena, east of
Biscayne Boulevard and north of the theoretical extension of NE 8L' Street, Miami -Dade
County, Florida (Folio No. 01-0100-000-0120); and more particularly described as the
property shown on Exhibit A, a copy of which is attached hereto and made a part hereof by
reference.
DERM finds and Respondents admit the following:
FINDINGS OF FACT
I . DERM is an agency of Miami -Dade County, a political subdivision of the State
of Florida which is empowered to control and prohibit pollution and protect the
environment within Miami -Dade County pursuant to Article VIII, Section 6 of
the Florida Constitution, the Miami -Dade County Home Rule Charter and
Section 403.182 of the Florida Statutes.
2. DERM investigations of the subject site on February 7, 2000 revealed that the
Respondents have failed to remove the temporary floating dock and associated
structures by January 31, 2000 as required by the Class 1 Permit CC99-441.
3. The Respondents hereby consent to the terms of this Agreement without either
admitting or denying the allegations made by DERM in conjunction with this
cause; and
4. In an effort to insure continued protection of the �ealth and safety of the public
and the environment of Miami -Dade County and to ensure compliance with
Chapter 24, Miami -Dade County Environmental Protection Ordinance, and to
avoid time-consuming and costly litigation, the parties hereto stipulate and agree
to the following, and it is ORDERED:
RESTORATION REQUIREMENTS
5. The Respondents shall cease and desist from any further work over tidal waters
at the subject site, unless said work is authorized by DERM other than Class I
Permit CC99-441. Further work is herein defined to be work over tidal waters at
the site occurring after January 31, 2000 (with the exception of the removal of
docks, piles, or walkways which may be necessary in order to comply with this
Consent Agreement).
6. The Respondents shall not allow vessels to moor, dock, or tie up (even on a
temporary basis) to the structures authorized pursuant to Class I Permit CC99-
441, with the sole exception of the Motor Vessel Arena Eagle which the
Respondent, Calor Development, Ltd., affirms operates infrequently and
primarily in deep channels and open waters such as the Port of Miami -Dade ship
channel.
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7. The Respondents shall, within sixty (60) days of execution of this Consent
Agreement, submit a complete After -the -Fact Class I Permit application (Permit
Application) for the floating dock and associated structures. The Permit
Application shall be modified to include the construction of a docking facility for
the mooring of mega -yachts adjacent to the American Airlines Arena. The
Permit Application shall include complete and detailed plumbing plans for the
conveyance to the sanitary sewer of wastewater generated by vessels to be
moored at the facility. The Respondents shall provide additional information
within the time periods requested by DERM in ofder to continue the. processing
of the Permit Application. Failure to provide requested information within the
time periods set forth by DERM while the floating dock and associated structures
are located over tidal waters constitutes a violation of this Consent Agreement.
8. The Respondents shall use their best efforts to obtain, within one hundred eighty
(180) days of execution of this Consent Agreement, a Class I Permit to allow the
floating dock and associated structures to remain and shall obtain the required
permits from the State of Florida as well as the United States Army Corps of
Engineers and provide copies of the state and federal permits to DERM, unless
said structures are removed within this time period. All structures over tidal
waters shall be removed within one hundred eighty (180) days of execution of
this Consent Agreement if the Respondents fail to obtain the required permits
unless otherwise stated in Paragraphs 9.& 26 of this Agreement.
9. In the event that the Permit Application is denied, the Respondents shall, within
sixty (60) days of the issuance of the resolution or order denying the Permit
Application (provided that the resolution or order is not appealed within the
applicable appeal period), remove all structures located over'tidal waters. In the
event an appeal is timely filed, the sixty (60) day period shall begin to run upon
the issuance of a resolution or order denying the appeal.
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10. The Respondents shall prohibit the fueling of vessels at the facility unless prior
written approval is obtained from DERM.
It. The Respondents shall provide approved sewage pumpout services to the Motor
Vessel Arena Eagle while it is docked at the subject site in order to prevent the
discharge of sewage to tidal waters. Discharge of sewage to tidal waters is
prohibited, including discharge through federally approved flow through
treatment devices.
12. The Respondents shall post such performance bonds as are generally required by
DERM in connection with the issuance of similar Class I Permits, not to exceed
$10,000, in a form acceptable to Miami -Dade County to protect the interests of
the public and insure that the existing in -water structures are operated, and
permitted. or removed, in accordance with the terms of this Consent Agreement.
.13. Notwithstanding the Agreement between Miami -Dade County and. the City of
Miami regarding the payment of Class I application and permit fees, Respondent,
Calor Development, Ltd., agrees to submit the Class I application fee as part of
the aforementioned complete Class I Permit application package and also. to
submit the permit fee if the application is approved.
14. The Respondents agree to apply for and obtain Miami -Dade County Class I
Permits for any future work (including placement of structures) in, on, over, or
upon tidal waters or wetlands within Miami -Dade County prior to the
commencement of the work.
15. The Respondents agree to apply for and obtain a Miami -Dade County Marina
Facilities Operating Permit upon completion of the docking facility and prior to
mooring of vessels at the subject site (other than the Arena Eagle).
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SAFETY PRECAUTIONS "
16. The Respondents shall maintain the subject docking facility in a manner which
shall not pose a hazard or threat to the public at large or the environment and
shall not cause a nuisance, sanitary nuisance or navigational hazard as set forth in
Chapter 24, Miami -Dade County Environmental Protection Ordinance.
SETTLEMENT COSTS
17. The Respondents hereby certify that they have the financial ability to comply
with the terms and conditions stipulated herein and to comply with the payments
specified in this Agreement.
18. The Respondents shall, within thirty (30) days of the effective date of this
Agreement, submit to DERM a certified check, in the amount of $2,682.57, made
payable to Miami -Dade County, which shall serve to reimburse DERM for its
administrative costs incurred in bringing this facility into compliance and the
administration and follow up required pursuant to this Agreement.
19. The administrative costs payment shall be . sent to the Department of
Environmental Resources Management, c/o Mark J. Pettit, Suite #1100, 33 SW
2"d Avenue, Miami, Florida 33130-1540.
VIOLATION OF REQUIREMENTS
20. This Agreement constitutes a lawful order of the Director of DERM and is
enforceable in a civil or criminal court of competent jurisdiction. Violation of
any requirement of this Agreement may result in enforcement action by DERM.
Each violation of any of the terms and conditions of this Agreement by the
Respondents shall constitute a separate offense.
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21. In the event the Respondents fail to comply with any of the conditions of this
Consent Agreement, the Respondents shall pay DERM a civil penalty of $100.00
per day for each day of noncompliance and the Respondents shall be subject to
enforcement action in a civil or criminal court of competent jurisdiction for such
failure pursuant to the provisions, set forth in Chapter 24, Miami -Dade County
Environmental Protection Ordinance. Said payment shall be made, by the
Respondents, to DERM within ten (10) days of receipt of written notification.
22. If the Respondents fail to comply with the requirements of Paragraph 14 above,
the Respondents shall pay DERM a penalty amount of five thousand dollars
($5,000.00) per violation in addition to any applicable permit fee. Payment of
said penalty shall not waive DERM's right to seek judicial imposition of
damages, or civil or criminal penalties for violations of Chapter 24 of the Miami -
Dade County Code..
GENERAL PROVISIONS
23. Respondents shall allow authorized representatives of DERM access to the
property at reasonable times for purposes of determining compliance with this
Consent Agreement and the rules and regulations set forth in Chapter 24, Miami -
Dade County Environmental Protection Ordinance.
24. DERM expressly reserves the right to initiate appropriate legal action to prevent
or prohibit the future violations of applicable statutes or the rules promulgated
hereunder.
25. Entry of this Consent Agreement does not relieve the Respondents of the
responsibility to comply with applicable federal, state or local laws, regulations
and ordinances.
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0 E xhibi t" A ,' 0
LEGAL DESCRIPTION
DEEP WATER SLIP AND UPLANDS
A tract of land, some of which is submerged, in section 37, Township 53, Range 42 East,
said tract of land lying, situate and being in the City of Miami, Dade County, Florida, and
being more particularly described as,follows:
Beginning at the point of intersection of the Easterly Right-of-way line of Biscayne
Boulevard with a line lying 6.25 feet North of and parallel with the Easterly prolongation
of the North right of way line of N.E. 8'h street as shown on the plat of "Maritime
Arena", according to the plat thereof recorded in Plat Book 154 at page 37 of the Public
Records of Dade County, Florida; thence run South 89° 5T 43" East along said line lying
6.25 feet North of and parallel with the Easterly prolongation of the North Right -of way
line of N.E. 8" sift-eet for a distance of 503.32 feet to the point of Beginning; the
continue along the last described course South 89° 57 43" East for a distance of 850.04
feet to the point of intersection with the Bulkhead line as shown on the "Revised plat of
sheet 3 -Metropolitan Dade County Florida Bulkhead line- part three", according to the
plat thereof as recorded in Plat Book 74 at page 18 of the public Records of Dade County
Florida; thence run North 00° 17' 33" East along the said bulkhead line for a distance of
150.00 feet to a point on a Deep water boat slip; thence run North 890 57' 43" West a
distance of 850.70 feet to a point; thence run South 00 02' 17" West a distance of 150
feet to the point of Beginning, containing 127,555.40 ± square feet or 2.928 acres more or
less; together with all riparian rights appertaining thereto.
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and
Members of the City Commission
RECOMMENDATION:
DATE : JUN 3 0 L110001 FILE:
SUBJECT:
REFERENCES:
ENCLOSURES:
Consent Agreement between City of Miami,
Calor Development and Miami -Dade County
Environmental Resources Management
The administration recommends that the City Commission approve the attached Resolution
authorizing the City Manager to execute a Consent Agreement ("Agreement"), in substantially
the attached form, between the City of Miami ("City") and Calor Development, Limited
("Calor") as the "Respondents" and Miami -Dade County Environmental Resources Management
("DERM") as the Complainant. This authorization is subject to Calor executing an
indemnification agreement in a form acceptable to the City Attorney, requiring Calor to comply
with all requirements imposed upon the "Respondents" under the Agreement.
BACKGROUND:
The City is the owner of the deep -water slip located immediately north .of the American Airlines
Arena (the "Slip"). The City and Calor Development, Ltd. ("Calor") entered into a Revocable
License Agreement (the "License Agreement") dated January 4, 2000 that would allow Calor to
install a boat docking facility within a portion of the Slip. As part of this Agreement, Calor was
responsible for obtaining all necessary permits and approvals for the installation of the boat
docking facility.
Calor applied for, and received, a Class I Permit (CC99-441) from Miami -Dade County
Environmental Resources Management ("DERM"). As part of the permit, Calor was allowed to
place a temporary floating dock in the Slip, which was to be removed no later than January 31,
2000. On February 7, 2000 DERM observed that the floating dock was not removed in
accordance with the permit.
DERM and Calor have negotiated the attached Agreement that is satisfactory to both parties and
would effectively close DERM's file of this case. Calor has agreed that it will bear all
responsibilities associated with this Agreement.
Highlights of the Agreement are as follows:
The Respondents consent to the terms of the Agreement without admitting or denying the
allegations made by the Complainant.
• The Respondents shall cease from any further work over the tidal waters unless said work
is authorized -by DERM.
• Within sixty (60) days of the execution of this Agreement, the Respondents shall submit
an After -The -Fact Class I Permit for the existing floating docks and associatedstructures. .
• All structures shall be removed if Respondents fail to obtain, all. necessary permits within
one hundredeighty(180)'days of the execution of this Agreement.
•„ In the event the After -The -Fact Class I Permit is denied, the Respondents shall remove all
structures located over the tidal waters within sixty (60). days of the, issuance of the order
.denying the Permit. .
• The Respondents shall post a performance bond, as generally required by DERM, not to
exceed $10,000.
• The. Respondents shall submit a certified check in the amount of $2,682.57 to reimburse.
DERM for its administrative costs.
• In the Event Respondents violate the terms of the Agreement, the Respondents shall pay a.
civil penalty in the amount of $100/day for noncompliance.
• In the event the Respondents fail , to obtain a Class I Permit for any future work, the
Respondents shall pay a penalty of $5,000.
CG:GI:lJr'af: Consent Agreement