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HomeMy WebLinkAboutR-93-0475J-93-S21 7/22/93 IR RESOLUTION NO. 93- 475 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN METROPOLITAN DADE COUNTY (THE "COUNTY") AND THE CITY OF MIAMI (THE "CITY"), THEREBY GRANTING A NON-EXCLUSIVE EASEMENT TO THE COUNTY FOR A TWELVE -INCH SEWAGE FORCE MAIN, A TWENTY FOUR -INCH SEWAGE FORCE MAIN AND A ONE HUNDRED AND TWO-INCH SEWAGE FORCE MAIN ON REAL PROPERTY LEGALLY DESCRIBED ON EXHIBIT "A" TO THE EASEMENT AGREEMENT, AND IN ADDITION, A ONE HUNDRED AND TWO-INCH SEWAGE FORCE MAIN ON THE REAL PROPERTY LEGALLY DESCRIBED ON EXHIBIT "B" TO THE EASEMENT AGREEMENT; SAID AUTHORIZATION FURTHER CONDITIONED UPON PROVISIONS AS MORE SPECIFICALLY DESCRIBED AND INCORPORATED HEREIN. WHEREAS, the County intends to install a hundred and two-inoh sewage force main under Biscayne Bay (the "Force Main"), within certain time frames depending on the construction method utilized, to provide additional sewage capacity; and WHEREAS, if the County installs the Force Main by the open out method, use of certain property owned by the City will be necessary for said proposed installation and thus the County has requested the City to grant the easement hereinafter described; and WHEREAS, the City Commission finds it is in the best interest of the residents of the City of Miami to grant to the County the ATTACH EHT(S) 00 NTAINE CITY cobs IssIOx METING of i tj L z z 1993 Resolution No. 93- 475 necessary easement to use certain property as hereinafter described, subject to the following conditions: (1) The County shall present a timetable for the proposed installation of the Force Main to the City Commission within sixty (60) days of the effective date of this Resolution. (2) The County shall present the results of its investigation concerning the status of the existing force main to the City Commission within sixty (60) days of the effective date of this Resolution. (3) The County shall establish a penalty clause for any delays in excess of one week during any stage i of the construction of the Force Main, and of bonuses for early completion of any such stage. (4) The County shall make office space available within the County's Water and Sewer Authority's Offices for a Public Works Coordinator, to be appointed by the City, and shall absorb the costs involved in said coordination. (5) The County shall (a) establish a lifeline rate for water and sewage services for those individuals -2- 93- 475 -I 1 over a certain age and/or in a certain socio- economic bracket; (b) prepare an outline for such lifeline rate for review by the City Commission within sixty (60) days of the effective date of this Resolution; and (3) designate a City employee to work with the County concerning this matter. (6) The County shall give local contractors and laborers preference in obtaining contracts related to the construction of the Force Main. (7) If the County ceases to utilize the easements hereby granted, the County's interest in said easements shall revert to the City; 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 an easement agreement, in substantially the attached form, between Metropolitan Dade County (the "County") and the City of Miami (the "City") granting a non-exclusive easement to the County for a twelve -inch Sewage Force Main, a twenty four- -3- 93- 475 inch Sewage Force Main and a one hundred and two-inch Sewage Force Main on real property legally described on Exhibit "A" to the Easement Agreement, and, in addition, a one hundred and two- inch Sewage Force Main on the real property legally described on Exhibit "B" to the Easement Agreement, said authorization further conditioned upon provisions more specifically described and incorporated pursuant to Section 1 hereinabove. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 22nd day of July , 1993. Z-7 C., J� VIER L. ARE MAYOR ATTEST f MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: yl�-raw �-A. A4a), G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO.FORM AND CORRECTNESS: GMM : fps : psb: M3725 -4- 93- 475 6/28/93 EASEMENT AGREEMENT This Agreement entered Into this day of 1993, by and between METROPOLITAN DADE COUNTY ("County"), a political subdivision of the State of Florida and the CITY OF MIAMI ("City"), a municipal corporation of the State of Florida. WHEREAS, the County entered Into a Settlement Agreement with the State of Florida Department of Environmental Regulation on February 16, 1993 which requires the County to construct and Install a 102-Inch sewage force main under Biscayne Bay within certain time frames depending on the construction method utilized; WHEREAS, the County Intends to Install a 102-Inch sewage force main under Biscayne Bay (the "Force Main"), within certain time frames depending on construction method utilized, to provide additional sewage capacity; WHEREAS, if the County Installs the Force Main by the open cut method, use of certain property owned by the City will be necessary; WHEREAS, the County owns and operates a 12-Inch sewage force main and a 24-Inch sewage force main which are located on City - owned real property but for which no grants of easements can be located upon Inspection of the records of the Department of Public Works of the City. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) paid by the County, the receipt whereof which is hereby acknowledged by the City, the County and City mutually agree to the following: - 1 - 93- 475 1. The City has granted and does hereby grant to the County, Its successors and assigns forever the right, prIvIIege and non-exclusive easements to construct, reconstruct, lay, install, operate and maintain a 12-1nch sewage force main, a 24-Inch sewage force main and a 102-Inch sewage Force Main on the real property legally described on Exhibit "A" which Is attached hereto and Incorporated herein by reference and a 102-inch sewage Force Main on the real property legally described on ExhIbIt "B" which is attached hereto and Incorporated by reference and to relocate within the same easements, repair, replace, Improve, remove and Inspect said force mains and all appurtenances thereto with full right of Ingress thereto and egress therefrom. All rights granted herein are subject to the County obtaining all necessary permits from the Department of Public Works of the City. 2. The City further has granted and does hereby grant to the County the right to enter upon the easement areas described above for the purpose of performing appropriate tests, Investigations and studies to determine subsurface conditions which may be relevant to Installation of the 102-inch Force Main. 3. The County agrees to cause any such tests, Investigations and studies to be performed only when authorized in writing by the Director of the Department of Public Works of the City. 4. The County shall be responsible for handling, clean-up, environmental cleanup, If required by any agency of the County, State or Federal government, hauling and disposal of any soli, material and debris which the County may disturb or excavate within the easement areas. 2 - 93- 475 5. In connection with the exercise of any rights hereunder, the County agrees to comply with all applicable federal, state and local laws, rules and regulations. 6. The City agrees that it will cooperate In connection with the Issuance of any permits and authorizations required for the County's exercise of Its rights hereunder. 7. The County agrees to Indemnify, hold harmless, and defend the City and any and all of Its agents and employees, from and In connection with, all claims, actions, Judgements, liability, loss, cost, expense and demands of whatever nature Incurred by, or presented against, the City arising out of the actions of the County Its agents, servants, employees or contractors In the exercise of Its rights hereunder, Including allegations of negligence, gross negligence, willful or Intentional misconduct, violations of civil rights, etc. County shall defend any and all such actions, claims, demands or suits on behalf of the City at County's sole cost and expense. 8. The County agrees to construct and maintain at Its sole cost and expense, a public sanitary sewer force main and pump station (the "Main and Pump Station") on a site mutually agreeable to the City and the County to serve City properties on Virginia Key northwest of the present Marine Stadium structure. Construction of this Main and Pump Station is to begin within one year of the granting of a sanitary sewer easement by the City to the County for construction and maintenance of the Main and Pump Station. - 3 - 93- 475 9. The City agrees to allow the County to deposit approximately 25,000 cubic yards of excess excavated clean bay lbottom material in the existing soil disposal area at the northern end of Virginia Key as shown on Exhibit "D". 10. The City agrees to grant a temporary construction easement to the County In the area of the Marine Stadium as shown and described by Exhibit "C". This construction easement will serve as a barge staging and pipe storage area and will Include an access corridor for construction vehicles. This construction easement will terminate coincidental with the completion of the County's Bay crossing project. 11. The County agrees to construct at Its sole cost and expense, subject to review of plans and issuance of necessary permits by the Department of Public Works of the City, a new permanent twenty-two foot wide asphalt paved access road along the line of and within that portion of the proposed easement between the Sewage Treatment Plant Road and the Sewage Treatment Plant site. Both City and County shall have use and benefit of said new access road. 12. The County agrees to provide and install at Its sole costs and expense, within one year of the execution of this agreement, a 1 1/2-Inch water meter and meter box In the existing Marine Stadium area water system at a location to be determined by the City. 13. The City and County agree to the revisions in the "STORMWATER SERVICE CHARGE COLLECTION AGREEMENT" as indicated by Exhibit "E". The reduction in the County's billing fees to the City shall be credited to the City retroactively. 4 - 93- 475 14. The County agrees not to exercise Its right to terminate the "STORMWATER SERVICE CHARGE COLLECTION AGREEMENT" as long as any of the easements granted by this document are in effect. 15. Utility Owners shall not have their right of access or ability to maintain their existing facilities rescinded or restricted by the execution of this document. IN WITNESS WHEREOF, THE COUNTY AND CITY have executed this Easement Agreement as of the day and year first above written. Attest: By: Deputy Clerk Attest: METROPOLITAN DADE COUNTY By: County Manager CITY OF MIAMI, FLORIDA By: By: City Clerk City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: C. Jan Strayhorn A. Quinn Jones, III Assistant County Attorney City Attorney - 5 - 93- 475 LEGAL DESCRIPTION OF EASEMENT FOR EXISTING 12-INCH AND 24-.INCH FORCE MAINS AND FOR PROPOSED 120-INCH FORCE MAIN LYING WITHIN PORTIONS OF SECTIONS 16 AND 17, TOWNSHIP 54 SOUTH, RANGE 42 EAST, DADE COUNTY, FLORIDA COMENCE at the Southwest corner of Section 16, Township 54 South, Range 42 East, Dade County, Florida; thence•run N 0° 15' 44" W along the West line of said Section 16 for a distance of 1110.72 feet to the point of intersection of the tangents of the center lines of the sewer plant access road; thence run S 64° 16' 46" W. along said center line of said access road for a distance of 2117.54 feet to a point on the limit of Dade County and the City of Miami; thence run N 45° 40' 13" W along a line 660.00 feet northeasterly of the center line of Rickenbacker Causeway for a distance of 5.32 feet to the POINT•OF BEGINNING; thence run N 45° 40' 13" W for a distance of 63.83 feet; thence run N 64° 16' 46" E for a distance of 2223.18 fit; thence run N 34° 07' 46" E for a distance of 2215.35 feet to a point of intersection with the West property line of the sewage treatment plant site; thence run S 0° 24' 14" E along said West property line for a distance of 72.15 feet; thence run N 89° 35' 46" E along the South property line of said plant site for a distance of 120.63 feet; thence run S 00 24' 14" E for a distance of 26.19 feet; thence run S 44° 35' 46" W for a distance of 408.57 feet; thence run S 34° 07' 46" W for a distance of 1781.12 feet; thence run S '64° 16' 46" W along a line running, in its majority of its distance, 5 feet Northwesterly of and parallel with the center line of the sewage treatment plant road for a dis- tance of 2259.18 feet to the POINT OF BEGINNING. REVISED: MAY 6,,1993. ��u��►r•p:. 9 3 - 475 ��FZ Bcaein9s based on c Me ri'd� cam cirr of DA of rG DATC: 3•Z6-4D� SC.tL6 ;'••• 700' c4 CGNrX24lfYA C1CL-rA16AC.{a'2' P-14, 56+yilY.� ec ovCro 1.2, s.1�:z1 oawG. N' 5- 11719 -� LEGAL DESCRIPTION OF A SUBAQUEOUS 50-FOOT EASEMENT ACROSS BISCAYNE BAY FOR A 120-INCH SEWAGE FORCE MAIN LYING IN PORTIONS OF SECTIONS 18 AND 7, TOWNSHII? 54 SOUTH, RANGE 42 EAST AND IN PORTION OF SECTIONS 39 AND 12, TOWNSHIP 54 SOUTH, RANGE 41 EAST, DADE COUNTY, FLORMA: Commence at the intersection of the centerline of Rickenbacker Causeway with the centerline of the Wastewater Treatment Plant Road; thence run N 64 degrees 12 minutes 44, seconds E along said centerline of the Wastewater Treatment Plant Road for a distance of 59.49 feet; thence run N 45 degrees 44 minutes 15 seconds W along a line that is parallel with and 55.92 feet Northeasterly of the centerline of Rickenbacker Causeway for a distance of 5094.92 feet; thence run N 69 degrees 17 minutes 56.5 seconds W for a distance of 457.48 feet to the POINT OF BEGINNING of the centerline of the 50.00 foot easement; thence run N 50 degrees 13 minutes 49 seconds W for a distance of 5620.93 feet to the POINT OF TERMINATION on the southeasterly right-of-way line of South Bayshore Drive. The sidelines to be lengthened or shortened to create a continuous 50.00 foot wide easement. EXHIBIT ` $IBIS 93- 475 Page 1 of 2 • c • \ COMMROORI.. IIu.M Yr11rRRI AII�R/YL .�waIYM !••�l / w R .. gpY .. j Ygi - / I• �� .,f 4 1 06.0 6� PeflPOt 60R. ,910 GAO.vn hereon oie "..d on on 4s.uinta/ Me�idign. /.►M MI ¢ twC.wirssw..c+wi..w�y P.ROP.OSrD_:DO-F_p,OT iAOE: FOX A 120-INCH FO%CA M ]ACROSS 515CAYMS 6Ai r MIAM1 DADS 1WATSR�3SWGR A✓TWOQ_1Ti DATE :.4-III-13 AGALi elvv -CO DRW6. No S- 11144 -! SHORELINE ®\ MARINE STADIUM O O O � O 0 � qc� �G SFiy ^V y rn k BISCAYNE BAY O `,N GRAPHIC SCALE (IN FEET) PURPOSE: STAGING AREA DATUM: N/A PREPARED BY: EAS ENGINEERING, INC. 55 ALMERIA AVENUE PROPOSED STAGING AREA / Z> R01MNG` CLUB MAST CADEM dO 4 PROPOSED STAGING AREA 200' lo DETAIL N.T.S. G�N�Pt P4PN� �OPO 10 P� J+hS P�� COUNTY OF DADE APPLICATION BY: MIAMI DADE WASAD 3575 LE JEUNE ROAD MIAMI, FLORIDA 33233 SHEET 9 1 MIAMI ROWING CLUB j 05 /10 r_I CITY OF MIAMI 11-t BISCAYNE BAY PURPOSE: SPOIL DISPO! DATUM: NGVD PREPARED BY: EAS ENGINEERING, INC, Fire AI AAFRIA AVFNI IF jil III III ® =I1 PROPOSED STAGING AREA FOR TRANSFER OF SPOIL MIAMI ROWING CLUB COUNTY OF DADE APPLICATION BY: MIAMI DADE WASAD 3575 LE JEUNE ROAD WAW F'I OPInA 77077 4 EXISTING SPOIL DISPOSAL SITE TO BE USED FOR THIS PROJECT ACCESS ROAD (OLD DUMP) EASEMENT n of 131. I� �. . STORMWATER SERVICE CHARGE COLLECTION AGREEMENT THIS AMENDMENT NUMBER ONE, entered into this day , 1991, by and between THE CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida ("City") and METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida ("County"). For and in consideration of the mutual covenants made herein, the City and County agree to the following: 1. Section 5 of the Storawater Service Charge Collection Agreement ("Agreement"), dated May 17, 1988, shall be revised to state as follows: Section 5. The County will maintain correct and proper books of account,- showing monthly gross billings of stormwater service charges and shall provide a monthly statement in writing to the City which states the net amount owed the City by the County for the month covered by such statement. "Net amount is aerinea as the monthly gross billings plus or minus the adjustments made pursuant to Paragraph 4 of the Agreement. The monthly statement shall be provided by the County not less than sixty (60) days after the and of each monthly period. The County shall pay the City the amount due less the Countyts compensation for billing, collection 92- 29 max►+�g�T''E" 93- 475 1 of 3 and accountinq as hereinafter provided in this Agreement and less any other payments which the City agrees to pay the County under this Agreement and less any deductions which the County is authorized to make from payments provided for under this Agreement. The County shall make available for inspection or audit by the City and its representatives at any reasonable time all records pertaining to the County's performance under the Agreement. The County shall also furnish the City with such information concerning the administration of this Agreement as the City may reasonably request, including information as to delinquent stormwater utility service accounts. 2. Section B(b) of the Agreement shall be.revised to state as follows: S.(b). Payment in the amount of eighty-seven cents ($0.87) per bill as rendered by the County, such payments being payable monthly to the County by the City by a deduction as authorized by this Agreement. 3. All terms, covenants and conditions in the Agreement shall remain in full force and effect except as expressly modified herein. IN WITNESS WHEREOF, the City and the County have executed this Amendment Number one to the Stormwater Service Charge EFx141r6 Cr 'E" 7 or *t 93- 475 92- 29 Collection Agreement by their officers duly authorised as of day and year first above Witten. ATTEST CITY OF MIAMI CLERK CITY MANAGER ATTEST METROPOLITAN DADL COUNTY BY: Clark County Manager Approved as to form and Approved as to fors and legal sufficiency: legal sufficiency: By: BY: Assistant County Attorney City Attorney a:%AMENDI.SS ExNI �tT "E" 93- 475 92- 29 EASEMENT AGREEMENT This agreement entered into this day of 1993, by and between METROPOLITAN DADE COUNTY ("County"), a political subdivision of the State of Florida and the CITY OF MIAMI ("City"), a municipal corporation of the State of Florida. WHEREAS, the County entered into a Settlement Agreement with the State of Florida Department of Environmental Regulation on February 16, 1993 which requires the County to construct and install a 102-inch sewage force main under Biscayne Bay within certain time frames depending on the construction method utilized; WHEREAS, the County intends to install a 102-inch sewage force main under Biscayne Bay (the "Force Main"), within certain time frames depending on construction method utilized, to provide additional sewage capacity; WHEREAS, if the County intends to install the Force Main by the open cut method, then the use of certain property owned by the City will be necessary; WHEREAS, the County owns and operates a 12-inch sewage force main and a 24-inch sewage force main which are located on City - owned real property but for which no grants of easements can be located upon inspection of the records of the Department of Public Works of the City. NOW, THEREFORE, in consideration of the mutual covenants made herein, the County and City mutually agree to the following: 1. The City has granted and does hereby grant to the County, its successors and assigns for as long as the force mains 93- 475 r are utilized, the right, privilege and non-exclusive easements to construct, reconstruct, lay, install, operate and maintain a 12- inch sewage force main, a 24-inch sewage force main and a 102- inch sewage Force Main on the real property legally described on Exhibit "A" which is attached hereto and incorporated herein by reference and a 102-inch sewage Force Main on the real property legally described on Exhibit "B" which is attached hereto and incorporated by reference and to relocate within the same easements, repair, replace, improve, remove and inspect said force mains and all appurtenances thereto with full right of ingress thereto and egress therefrom. All rights granted herein are subject to the County obtaining all necessary permits from the Department of Public Works of the City which permits shall not be arbitrarily withheld. 2. The City further has granted and does hereby grant to the County the right to enter upon the easement areas described above for the purpose of performing appropriate tests, investigations and studies to determine subsurface conditions which may be relevant to installation of the 102-inch Force Main. 3. The County agrees to cause any such tests, investigations and studies to be performed only when authorized in writing by the Director of the Department of Public Works of the City which authorization shall not be arbitrarily withheld. 4. The County shall be responsible for handling, clean-up, environmental cleanup, if required by an agency of the County, State or Federal government, hauling and disposal of any soil, material and debris which the County may disturb or excavate within the easement areas. -2- 93- 475 i 5. In connection with the exercise of any rights hereunder, the County agrees to comply with all applicable federal, state and local laws, rules and regulations. 6. The City agrees that it will cooperate in connection with the issuance of any permits and authorizations required for the County's exercise of its rights hereunder. 7. (a) The County agrees to indemnify, hold harmless, and defend the City and any and all of its agents and employees, from and in connection with, all claims, actions, judgments, liability, loss, cost, expense and demands of whatever nature incurred by, or presented against, the City arising out of the tortious actions of the County, its agents, servants, employees or contractors in the exercise of its rights hereunder, including allegations that the City was passively negligent or vicariously liable. It is understood that as to any third parties the limitations of s. 768.28 shall apply; however, should a claims bill be passed by the legislature, the County shall satisfy any outstanding judgment against the City based on the aforesaid passive negligence, vicarious liability or implied indemnity. (b) Concerning any effects to the Virginia Key Landfill, the County agrees to indemnify, hold harmless, and defend the City and any and all of its agents and employees, from and in connection -3- 93- 475 i with, all claims, actions, judgments, liability, loss, cost, expense and demands of whatever nature incurred by, or presented against, the City arising out of the actions of the County, its agents, servants, employees or contractors in the exercise of its rights hereunder, including allegations of negligence, active or passive, and the County agrees to take any and all remedial actions required by any governmental regulatory agency, including but not limited to environmental regulatory agencies. (c) In addition, the City of Miami shall be named as an additional insured in every policy of insurance required of any contractor or subcontractor, which shall not be limited to the provisions of s. 768.28, Fla. Stat. 8. Subject to receipt of necessary permits and approvals, -the County agrees to construct and maintain at its sole cost and expense, a public sanitary sewer eight inch (811) force main and pump station (the "Main and Pump Station") on a site mutually agreeable to the City and the County to serve City properties on Virginia Key northwest of the present Marine Stadium structure. Construction of this Main and Pump Station is to begin within one year of the granting of a sanitary sewer easement by the City to the County for construction and maintenance of the Main and Pump Station and shall be completed within one (1) year of the completion of the installation of the Force Main. -4- 93- 475 9. The City has granted and does hereby grant to the County a temporary easement to deposit approximately 25,000 cubic yards of excess excavated clean bay bottom material in the existing spoil disposal area at the northern end of Virginia Key as shown on Exhibit "D". 10. The City has granted and does hereby grant a temporary construction easement to the County `in the area of the Marine Stadium as shown and described by Exhibit "C". This construction easement will serve as a barge staging and pipe storage area and will include an access corridor for construction vehicles. This construction easement will terminate coincidental with the completion of the County's Bay crossing project. 11. The County agrees to construct at its sole cost and expense, subject to review of plans and issuance of necessary permits by the Department of Public Works of the City and other necessary permits and approvals, a new permanent twenty foot (20') wide asphalt paved access road along the line of and within that portion of the proposed easement between the Sewage Treatment Plant Road and the Sewage Treatment Plant site, within six (6) months of the completion of the installation of the Force Main. Both City and County shall have use and benefit of said new access road. 12. The County agrees to provide and install at its sole cost and expense, within one year of the execution of this Agreement, a 1 1/2-inch water meter and meter box in the existing Marine Stadium area water system at a location to be determined by the City. -5- 93- 475 13. The County agrees not to exercise its right to terminate the "STORMWATER SERVICE CHARGE COLLECTION AGREEMENT" as long as any of the easements granted by this document are in effect. 14. County shall not unreasonably interfere with Utility Owners' right of access or ability to maintain their existing facilities by the execution of this document. IN WITNESS WHEREOF, THE COUNTY AND CITY have executed this Easement Agreement as of the day and year first above written. Attest: By: Deputy Clerk Attest: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: C. Jan Strayhorn Assistant County Attorney M344/IMA/bjr METROPOLITAN DADE COUNTY By: County Manager CITY OF MIAMI, FLORIDA By: City Manager A. Quinn Jones, III City Attorney -6- 93- 475 CITY OF MIAMI, FLORIDA 27 INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members DATE JUL 1 2199.1 FILE of the City Commission SUBJECT :Reso I ut I on Granting Easements to Metropolitan Dade County on Virginia Key and Across REFERENCESI:scayne Bay FROM Cesa d I o ENCLOSURES: Resolution, Location Map, City ager Easement Aareaament RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution granting easements to Metropolitan Dade County (County) to Install a subaqueous and underground Sanitary Sewer Force Main from the Mainland to the Virginia Key Wastewater Treatment Plant. BACKGROUND: The Department of Public Works, In a continuing effort to serve all residents of the City of Miami, is recommending the adoption of the attached resolution granting a 50-foot wide permanent easement across City owned bay bottom, a 60 and 80 foot wide permanent easement through City owned property on Virginia Key adjacent to the Metro -Dade Wastewater Treatment Facility and the Virginia Key access road, and a temporary construction easement adjacent to the Marine Stadium. The City of Miami is currently under sanitary sewer connection restrictions due to the condition and capacity of the existing sewer system. A key link and primary cause for concern is the 40 year old 72-Inch subaqueous force main crossing Biscayne Bay between the mainland and Virginia Key. In order to limit the Impact of sewer restrictions on development and reduce the chance of a catastrophic subaqueous pipe failure, Miami -Dade Water and Sewer Authority Department proposes to construct a new 102-Inch force main on a fast track schedule. Most of the proposed force main and much of the construction related activity associated with It will occupy property owned by the City of Miami. To construct these Improvements the County is requesting the City to grant permanent easements for the new 102-Inch force main and a temporary construction easement to facilitate barge loading and off loading during the bay crossing phase. It is recommended that the conveyance of these easements be accomplished through the execution of an easement agreement. 4;? 1 —V a• 93— 475 0 EXISTING SPOIL DISPOSAL SITE TO BE USED FOI THIS PROJECT Sq. . w�c •r�eu CITY Of MIAMI >• I ( «' Rai)VIRGINIA ' � RIn I I BISCAYNE BAY Qs CCAAL WEDIJ E AREA II ' SED 320r 10.0. F1 20' FORCE MAIN / SUBMERGED I p LAND EASEMENT ' WEST RlQmAQQRI I CAUSEWAY Ll CENTRAL DISTRIC WASTEWATER BRA �41 ' TREATMENT PLAN ISLAND BAY BRIDGE I I sr � BISCAYNE BAY I I "< I I ; uC)iI co�ovEs LM"ILL Q = II PROPOSED STAGING AREA �o�toP`� Q FOR TRANSFER OF SPOIL NRGINIA KEY O ACCESS ROAD NAM ROWING CLUB ®EAR CUT (OLD DUMP) EASEMENT In OUTLINE OF INFORMATION FOR MEETINGS 1. MAP SHOWING ROUTES 2. CHART SHOWING OPTIONS 3. CHART SHOWING WHY TEMPORARY PIPE(S) DOES NOT PROVIDE SOLUTION 4. CHART SHOWING APPROVALS GIVEN BY CITY OF MIAMI FOR THE CURRENT ROUTE 5. CHART SHOWING ACTIONS TAKEN AS RESULT OF THESE APPROVALS 6. CHART SHOWING CONSTRUCTION SCHEDULING 7. CHART SHOWING HOW THIS PROJECT BENEFITS THE CITY OF MIAMI 93- 475 93- 475 CROSS BAY PIPELINE OPTION PROVIDE ACCEPTANCE TIME TO ENVIRONMENTAL SOLUTION BY DER & EPA COMPLETE COST IMPACT Conventional Yes Yes 15 $62 Acceptable Method months Million Tunnel Yes Yes 40 months $51-79 Acceptable Million Temporary Steel Pipe No No 15 $68.5 May Not Be Across Biscayne Bay months(2) Million Acceptable with renovation of old to 21 (2) pipe months(1) Temporary No No 24 $71 Acceptable Polyethylene Pipe months(1) Million across Causeway with (1) renovation of old pipe ki) Hazen & Sawyer report (2) Estimate by Environmental Salvage Team Permits in 90 days,,pre-purchase pipe before permits c:\wp51\docs\071293A.doc I WHY TEMPORARY PIPE AND RENOVATION OF OLD PIPE DOES NOT PROVIDE SOLUTION A. INADEQUATE CAPACITY TO AVOID SEWAGE OVERFLOWS TO MIAMI RIVER B. TIME FRAME TO COMPLETE IS NOT THE QUICKEST SOLUTION C. DOES NOT PROVIDE "BACK UP" PIPE D. DER & EPA DO NOT ACCEPT AS SOLUTION 93- 475 APPROVALS GIVEN BY CITY OF MIAMI AUGUST 29, 1989 FIRST MEETING WITH CITY OF MIAMI OFFICIALS TO DISCUSS ALIGNMENT OF PROPOSED 84-INCH AND 120-INCH FORCE MAIN THROUGH CITY OF MIAMI i JULY 13, 1990 i MEETING WITH CITY MANAGER TO DISCUSS EASEMENT AT LUMMUS l PARR JANUARY 27, 1992 AFTER NUMEROUS MEETINGS WITH THE CITY OF MIAMI, THE CITY OF MIAMI COMMISSION APPROVES A "GRANT OF EASEMENT" BY RESOLUTION NO. 91-828 MARCH 12, 1993 THE CITY OF MIAMI PUBLIC WORKS DEPARTMENT ISSUES CONSTRUCTION PERMIT FOR SEGMENT A JANUARY 24, 1992 THE CITY OF MIAMI PUBLIC WORKS DEPARTMENT ISSUES CONSTRUCTION PERMIT FOR SEGMENT B MARCH 10, 1993 PERMIT FOR SEGMENT B EXTENDED 93- 475 ACTIONS TAKEN AS RESULT OF CITY OF MIAMI APPROVALS A. INSTALLED SEGMENT OF PIPE ACROSS S.W. 8TH STREET B. HAVE RECEIVED BIDS FOR TWO SEGMENTS OF PIPE INSTALLATION OF 5,325 FEET FOR $4,503,986.00 C. HAVE RECEIVED BIDS FOR PURCHASE OF 19,600 FEET OF PIPE FOR $8,405,764.00 D. HAVE COMMITTED TO DER AND EPA THAT WE WILL REPLACE EXISTING LINE IN A FIXED TIME FRAME 93- 475 s WAMI-DADS WATER AND SEWER AUTHOR" Y DEPARTMENT PROPOM MJNCM AM MI31MCM COMCM. POQC1 MW OCIIlr1fYCr" SCH104"-am Cur MEN NONE MEN 1.0 - caw .v wu num IIOYTO c� Mil: rM» Benefits of Current Solution to City of Miami Proposed Central Force Main Replacement July 22, 1993 Public Hearing A. Elimination of sewage overflows in the heart of downtown Miami e. Elimination of restriction on new construc- tion in the City of Miami and potential for a total moratorium C. Approximately 3/4 million dollars of improve- ments to City property D. Construction not to lust more than one year 93- 475 TO Cesar Odio City Manager FROM : Ir Mi Tam Al Commi Toner CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE SUBJECT REFERENCES: ENCLOSURES: July 21, 1993 WASA/Pipeline Proposal FILE During the last ten days I have become aware of a pipeline construction project being proposed by the Dade County Water and Sewer Department, (WASA), that will have profound immediate and long lasting deleterious effects upon our community and specifically some of our most sensitive neighborhoods, namely the areas of Little Havana, The Roads, residential Brickell, Overtown and Downtown Miami. I have learned, after making personal inquiries and meeting with Commissioner Dennis Moss, Chairman of the Dade County Commission Eviromental Affairs Committee and Tony Clemente, Assistant County Manager and Director of WASA, that the proposed sewer pipeline project was born a little over a year ago, out of an impending need by WASA to upgrande a neglected and seriously decaying sewer collection and transmission system serving the central area of Dade County that in a large part covers the City's territory. It is my understanding that the sewer collection system serving the WASA Central District is in serious need of repair and/or retrofitting and that the force mains that carry sewage from the Downtown area to the Central Treatment Plant on Virginia Key are beyond their projected life expectancy and pose grave danger to our community and our environment. The threat of an environmental disaster and its consequences, should a break in one of these old pipelines, that carry an average of 150 million gallons of raw sewage across Biscayne Bay every day occur, has been thoroughly documented by the local press and by local groups concerned with the environment . This is the same sewer collection system that Dade County promised to diligently maintain and adequately upkeep as part of the agreement between the City of Miami and Dade County, entered into over twenty years ago. The Agreement, in essence, gave approximately $400 million of City property to the County, including the property where the Central District Waste Water Treatment Plant is located, on Virginia Key, in exchange for the County's promise to (1) provide the City with an adequate and properly maintained sewer. 93- 475 Cesar Odio v� July 21, 1993 Page 2 collection and disposal system and (2) a discounted rate on the sewer and water service provided to City residents. Neither promise has been honored by Dade County or WASA and obviously, City residents have not benefited from the agreement. Judging from the present state of our sewer system, WASA and their officials have for many many years neglected to provide adequate upkeep and prudent maintenance to the wasted water collection and transmission lines that serve the City of Miami. The systems's extreme state of disrepair and lack of capacity to handle the City's waste have prompted the State and the Federal government environmental regulatory agencies, to take legal action against WASA, Dade County and its officials in order to have them take action to correct the problems. WASA officials have not kept City officials adequately informed of the details regarding the pending legal action. The City as a partly directly affected by any deliberations regarding the fate of its sewer system has not been allowed to participate in discussion and negotiations that have taken place between WASA and thee regulatory agencies. Similarly, City Commissioners have been kept in the dark about the environmental permitting efforts undertaken by WASA fir the digging of a trench across its territory. WASA, without consulting City Commissioners, (those entrusted with and accountable for the safekeeping of our public welfare), have embarked of a construction project that will have profound repercussion on the quality of life of our merchants and the stability of our neighborhoods. WASA officials, without giving due consideration to other vitable alternatives, and without having the necessary permits from the appropriate regulatory authorities in hand, stand ready to begin digging up our city streets, for a period, according to their estimates, of eighteen months, (probably twenty four, judging from the path of the proposed construction) for the installation of a pipeline, 102 inches in diameter, (i e. 8 1/2 feet wide) that will cut through the heart of our City. The proposed trench and pipeline, installation, will cut through Biscayne Boulevard, in front of Bayside Marketplace; it will run west on N.W. Eighth Streets alongside the Miami Arena and the Overtown Park West Development; down through the most depressed areas of Overtown; continue on a path next to Lummus Park; run south down Sixth Avenue from the Miami River to S.W. Eleventh Street through some of the most depressed areas of Little Havana, through Flagler Street and through S.W. First Street and through S.W. Eight Street; then across The Roads section of our City; down 93- 475 Cesar Odio July 21, 1993 1 Page 3 S.W. Fifteenth Road, across South Miami Avenue and across Brickell Avenue, into Biscayne Bay. It will cross Biscayne Bay to Virginia Key, where the trench will skirt along the Rusty Pelican Restaurant, the Virginia Key Marina, the Miami Marine Stadium, the Miami Rowing Club, Planet Ocean and the National Marine Fisheries Office Building. Action on our behalf must be taken immediately. WASA was set to award bids to start the first phase of the digging of the trench at last week's County commission meeting. They courteously agreed to remove this matter from the County Commissions agenda pending further discussions on the matter with city and county officials and WASA's pending request to the City of Miami Commission for easements across City property, needed to dig the trench and lay pipeline. At present WASA officials are asking the City of Miami Commission (through an item that has been placed on our City Commission Agenda for the meeting set for Thursday July 22, 1993 to grant easements for the digging of the trench and laying of the sewer pipe on the city owned property. This matter and all its repercussions for their due consideration before and during the meeting where this matter is to be taken up for discussion . Please have you offices take, whatever steps are necessary to bring these issues to the attention of our City Commissioners and to protect the best interests of the City of Miami and its citizens as they relate to the issues raised: 1. The present and pending threat of an environmental disaster, should the aging force mains carrying raw sewage from downtown Miami to the Central District Treatment Plant on Virginia Key break, causing irreparable harm to the environment, our bay, our beaches and our downtown. This condition must be addressed at once. WASA is advocating a solution that will take from eighteen months to two years to put in place. This seems to me to be too long of a time to wait without having a viable means of assuring our community that the chance for a disaster has been diminished as much as is humanly possible. 2. The digging of a trench and the installation of a sewer pipeline across some of our most sensitive neighborhoods, subjecting our residents and merchants to unreasonably adverse conditions for a period of eighteen months or more. WASA must find an alternative whether it be the finding of a new route for their sewer pipe or the repair of the existing one. There are various routes available to WASA, such as a route through the Port of Miami, a route tracking the existing pipe that crosses the bay or a new route across the bay that does not necessitate 93- 475 Cesar Odio July 21, 1993 Page 4 the digging of a trench through our city streets and alongside our homes and businesses. In the alternative the repair and/or retrofitting of the existing pipeline should be given serious consideration. 3. The disrepair of our aging sewer collection system (the oldest of all systems in Dade County). It is reported by WASA that the system presently suffers from a severe case of infiltration and inflow. This means that about 30% to 40% of the fluid carried by our sewer pipes is groundwater that constantly infiltrates the pipes. This groundwater is carried by the sewer system to the treatment plant and processed as sewage. This defect caused by aging, needs to be corrected at the same time that the other problems are addressed so that the system's present load can be relieved by up to 40% of its present capacity. Should this ocurr,-as it should, -citizens of Miami will pay less for the treatment of their waste. WASA cannot waste any more time and must take immediate steps to repair and/or retrofit the system. Kindly advise all my fellow Commissioners and keep me and my staff informed of any developments regarding these very important matters. Thank You. cc: Mayor Xavier L. Suarez Vice -Mayor Victor De Yurre Commissioner Miller Dawkins Commissioner J.L. Plummer Matty Hirai City Clerk MA/MAP/ae 93- 475 0?r211!93 16:41 NO.110 P001 1[W Latin Builders Association, Inc. VIA rAX July 21. 19P3 y Honorable Xavier Suarez and City Commissioners City of Miami 3300 Pan American Drive Miami. Florida 33133 RE: Sasement for construction of the Biscayne Bay sewer oioeline Dear Mayor Suarez and Commissioners: This letter is on behalf of the Latin Builders Association to express our concern over a possible deferral of the easement for Dade Counter Water and Sewer Authority s (WASAD) construction of the Biscayne Say sewer oineline. We strongly uroe the City Commission not to delay the decision to dive the easement and to support the staffs recommendation to proceed immediately. A deferral now could seriously jeopardize orogress being made to repair the County's ailing sewer system. Therefore. the Latin Builders urge the City Commission to vote favorably on this easement today. i hank you for your interest in our i,ndustry ' s views. cerb�Iy. Af bert Perez President Submitted into the pubdc record in connection with item___— on �' -Z� -9 3 matty Hirai City Clerk 93- 475 782 N.tN, Leleune Road, Suite 430, Miami, FL. 33126 • Telephone: (305) 446-5989 Fax:(305) 44h-O901 MIAMI RIVER COORDINATING COMMITTEE A private • public partnership for the common good of The State of Florida • Metropolitan -Dade County • The City of Miami TO: FROM: DATE: RE: M E M O R A N D U M City of Miami IiiRiver ssion Janet Gavarre Chairperson, Coordinating Committee July 22, 1993 Easement Agreement between the City of Miami and Metropolitan Dade County Attached is a letter regarding agenda item #27 of the July 22, 1993 City of Miami Commission meeting. The Miami diver Coordinating Committee. unanimously approved the endorsement of the easement agreement between the City of Miami and Metropolitan Dade County for the sewage force main. In o U_ 5E w g _ Lij i- Ljj Q c } U 9405 N.W. 41 st Street . Miami, Florida 33178 . (305) 471.8297 9 3 -- 475 CHAIR - Janet Gavarrete VICE CHAIR- William J. Biondi EXECUTIVE DIRECTOR - Mary Mount MEMBERS - Governor Lawton Chiles 9 Joaquin Avino • Cesar Odlo • Jim Brown • Joseph Z Fleming • Winston Hale • Arsenio Milian • Bijan Nakhjavan 9 Joey Teitelbaum v 4 - %', . ., - 1, A.4111� MIAMI RIVER COORDINATING COMMITTEE A private e public partnership for the common good of The State of Florida • Metropolitan -Dade County a The City of Miami July 22, 1993 Mayor Xavier L. Suarez City of Miami 3500 Fan American Drive Miami, Florida 33133 Dear Mayor Suarez: The Miami River Coordinating Committee urges the City of Miami to approve the request of Metropolitan Dade County for an easement for a new permanent 102-inch force main across Biascayne Bay. A major goal of the M.R.C.C., since 1987, has been to encourage and facilitate the replacement of the sewage transmission infrastructure which is aged and in danger of failing. It is equally important to the Committee that the new main force pipe be sufficient in size to eliminate future overflows that threaten the Miami River during significant rainfall events. It is imperative that the City of Miami grant the easement for the laying of the pipe immediately so that Dade County can expedite the construction of the new system. A temporary pipe is not a viable solution because it does not* address the increase in capacity that is needed and there is not enough evidence that the existing pipe can be repaired properly. The extra 30 inches of capacity of the replacement main should eliminate the possibility of future overflows into the Miami River. The Miami River is an intergral part of Downtown Miami. The River is a vital industrial, environmental and recreational part of the City. To, insure the safety and health of the River the new sewer main must be replaced without delay. The River has been the victim of the failing system for too long. Thank you for your consideration. C ? CD .c1 ii S ' cerelLLJ U_ Janet Gavarrete w� Chairperson ' V J 3 + 475 9405 N.W. 41 st Street . Miami, Florida 33178 e (305) 471-8297 CHAIR - Janet Gavarrete VICE CHAIR - William J. Biondi EXECUTIVE DIRECTOR - Mary Mount MEMBERS - Governor Lawton Chiles • Joaquin Avino e Cesar Odlo • Jim Brown • Joseph Z Fleming • Winston Hale • Arsenio Milian 9 Bilan Nakhlavan • Joey Teitelbaum SYSTEMS, INC. SOUTHEAST THIS IS TO CERTIFY THAT LASON SYSTEMS, INC. - SOUTHEAST PRESENTS THE FOLLOWING IMAGES AS AN ACCURATE AND COMPLETE MICROFILM COPY OF THE ORIGINAL BUSSINESS FILES AS EDITED BY THE INSTITUTION INSTRUCTIONS.