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93-20902 Reso RESOLUTION NO: 93-20902 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A THREE YEAR REVOCABLE PERMIT TO YACHTING PROMOTIONS, INC. FOR THE USE OF 600 FEET ALONG THE SEAWALL ON INDIAN CREEK OF OUT LOT # 7 AMENDED PLAT OF INDIAN BEACH CORPORATION'S SUB (8-61) WHICH IS DIRECTLY ACROSS FROM THE MUNICIPAL PARKING AREA #19-X AT 46TH STREET AND COLLINS AVENUE WHEREAS, Yachting Promotions, Inc. has requested a three (3) year revocable permit for the rental of the City of Miami Beach Seawall located at Indian Creek Drive, at 46th Street and Collins Avenue for the placement of floating docks for the purpose of docking and mooring pre-owned yachts and other vessels during an event entitled "The Brokerage Yacht Show" during the periods January 25 - February 25, 1994, January 25 - February 25, 1995 and January 25 - February 25, 1996, respectively; and WHEREAS, the City Manager recommends granting of the three year revocable permit; and WHEREAS, The City's Marine Authority reviewed the plans for the use authorized under the permit at its meeting on September 9, 1993 , and recommended approval of the revocable permit. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and the City Clerk are hereby authorized to execute the three year revocable permit attached hereto, for the use of 600. 0 feet along the seawall on Indian Creek of out-lot # 7 amended plat of Indian Beach Corporation's Sub (8-61) , which is directly across from the Municipal Parking Area #19-X at 46th Street and Collins Avenue for the periods January 25 - February, 1994, January 25 - February 25, 1995 and January 25 - February 25, 1996, respectively. r PASSED AND ADOPTED THIS 22nd d- of Se ber , / 93./7 `',YOR V Attest: ,L L !ORM APPROVED CITY CLERK LEGAL DEPT. I RMC:MDB:ojr:me c-c Des CITY OF MIAMI BEACH r/ CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 5". 9 -9$ TO: Mayor Seymour Gelber and DATE: September 2 2,19 9 3 Members of the City Commission FROM Roger M. Carl City Manager RENTAL OF THE CITY OF MIAMI BEACH SEAWALL, LOCATED AT SUBJECT: . INDIAN CREEK DRIVE AT 46TH STREET AND COLLINS AVENUE, TO YACHTING PROMOTIONS, INC. DURING THE MIAMI INTERNATIONAL BOAT SHOW FOR THREE YEARS FROM JANUARY 25 THROUGH FEBRUARY 25 IN 1994, 1995 AND 1996, RESPECTIVELY ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission approve the attached three (3) year revocable permit for the rental of the City of Miami Beach Seawall located at Indian Creek Drive, at 46th Street and Collins Avenue, for the following dates and rent amounts (each amount represents a 5 percent increase from the previous year) : Date Amount payable January 25 through February 25, 1994 $10,200.00 January 25 through February 25, 1995 $10,710.00 January 25 through February 25, 1996 $11, 245. 50 BACKGROUND: City Commission Resolution No. 92-20683 authorized the Mayor and the City Clerk to execute a revocable permit to Yachting Promotions, Inc. for the use of 572.9 feet along the Seawall on Indian Creek at 46th Street and Collins Avenue for the placement of floating docks for the purpose of docking and mooring yachts and other vessels for a yacht show during the period February 1-21, 1993 , which included move-in and move-out days. The Resolution passed and was adopted December 16, 1992. The area that Yachting Promotions, Inc. is requesting to lease is City-owned and is across from the Fontainebleau and the Eden Roc. On March 11, 1993, Mr. Dane Graziano, Vice President of Yachting Promotions, Inc. forwarded a letter to the City requesting a five year lease agreement for this site. The City Administration made a decision to recommend granting a three year lease agreement. ANALYSIS: The request by Yachting Promotions, Inc. for use of the premises during the dates specified above does not conflict whatsoever with the Agreement with the Miami International Boat show as long as the boats being displayed are not new (i.e. , that they are pre-owned) . Mr. Graziano has submitted a letter stating that all of the boats to be displayed are pre-owned (copy of letter attached) . CONCLUSION: In granting this revocable permit, The City has the opportunity to rent the 46th Street and Collins Avenue Seawall in the amounts stated above. The necessary plans, insurance, local, state and 7:3 federal regulatory approvals, permits and licenses required for the operation will be provided by Yachting Promotions, Inc. RMC:MDB:JMF:of r AGENDA attachments ITEM \ I DATE , -22q3 EXHIBIT "Be" REVOCABLE PERMIT VESSELS TO BE DOCKED AND ALTERATIONS TO PREMISES Temporary docks will be placed immediately adjacent to the seawall to accommodate as many yachts and other vessels as are approved by the Marine Authority, which may be available for visual inspection by prospective purchasers. As many as two floating barges may be placed in the ,adjacent to the demised premises to accommodate tented seating lounge areas. In accordance with the recommendation approved by the Marine Authority at its meeting on September 9, 1993 , all docks, pilings, dolphins, lines and other moorings both above and below the water line shall be within the area shown on Exhibit "A" attached hereto. A temporary fence, subject to the approval of the City' s Planning and Zoning Department, may be located adjacent to the sidewalk to enhance security and safety precautions. A temporary ticket booth or office may be placed on the out lots. No part of any fence or temporary building may block any portion of the sidewalk or otherwise impede pedestrian or vehicular traffic. A temporary banner may be erected on the demised premises, subject to the approval of the City' s Planning and Zoning Department. C:\WP51\DOCS\revocper.3 9 • 6• • THREE YEAR REVOCABLE PERMIT THIS AGREEMENT, made on the 22nd day of September 1993, by and between the CITY OF MIAMI BEACH, hereinafter called "City" and YACHTING PROMOTIONS, INC. , 1115 N.E. 9th Avenue, Ft. Lauderdale, Florida 33304 , hereinafter called "Permittee" . WITNESSETH WHEREAS, the City is the owner of the 46th Street Out Lots, adjacent to the Municipal Parking Lot at 46th Street and Collins Avenue; and WHEREAS, the Marine Authority of the City of Miami Beach, at its meeting on Thursday, September 9, 1993 , reviewed and approved the plans and safety precautions of the Permittee. NOW THEREFORE, in consideration of the restrictions and covenants herein contained, the City hereby permits the exclusive use of the City property described in Exhibit "A" attached hereto (hereinafter "Demised Premises") . IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: That the recitations, statements, covenants, warranties and agreements hereinabove and in the attached articles are true and. binding upon the respective parties hereto. ARTICLE I USE OF DEMISED PREMISES BY PERMITTEE The Permittee shall use the Demised Premises for the placement of temporary docks in order to dock or moor watercraft or vessels for activities directly associated with the production of a show entitled "The Brokerage Yacht Show" , for the sale of used boats only, and for no other purpose whatsoever. The docks and vessels which are contemplated to be situated at the Demised Premises are more particularly described on Exhibit "B" attached hereto. The Permittee shall have the sole responsibility for obtaining any and all local, state and Federal regulatory approvals, permits 1 • • or licenses required for operations associated with the use of the Demised Premises. ARTICLE II TERM The Permittee shall have the use of the Demised Premises throughout the following three (3) terms: a. ) Term 1 Commencing at 12 : 01 A.M. on January 25, 1994 and ending at midnight on February 25, 1994 ; b. ) Term 2 Commencing at 12 : 01 A.M. on January 24 , 1995 and ending at midnight on February 25, 1995; c. ) Term 3 Commencing at 12 : 01 A.M. on January 25, 1996 and ending at midnight on February 25, 1996. Each term will be for 'a period of thirty-two (32) days, including move-in and move-out days. Either party may terminate this Agreement, and thus revoke and cancel this permit, for its convenience, by giving the other party written notice of such intent to terminate at least thirty (30) days prior to the scheduled commencement date of the respective permit term, as same is set forth above. The City may also terminate this Agreement for cause and thus revoke and cancel the permit, pursuant to Article XI herein upon three (3) days written notice to Permittee prior to the scheduled commencement date of the respective permit term, as is set forth above. ARTICLE III REGULATORY FEES To defray the cost of regulating the operations of the Permittee from the Demised Premises, the Permittee shall pay to the City a regulatory fee of Ten Thousand Two Hundred Dollars ($10,200) for the first year the permit is in effect (1994) , payable 50% upon 2 • execution of this permit by the Permittee and 50% on January 11, 1994, for the use of six hundred (600) feet, less the southerly 27. 1 feet which is the subject of a revocable permit in favor of the Eden Roc Hotel, for a total of 572 . 9 feet of the seawall of the Demised Premises for the entire term. The payment schedule for the next two permit years is as follows: $10, 710. 00, payable 50% on August 1, 1994 and 50% on January 11, 1995, and $11, 245. 50 payable 50% on August 1, 1995 and 50% on January 11, 1996. Each amount represents a 5 percent increase over the previous year. In the event that Permittee has not secured all required governmental permits by January 11th of the three permit years, then Permittee shall have the right to terminate this Permit and receive a refund of 25% of the fee with the City retaining 25% as liquidated damages. If the Permittee terminates for any reason after January 11, 1994, January 11, 1995 or January 11, 1995, respectively, there shall be no refund. ARTICLE IV RECORDS; AUDIT The Permittee agrees to establish/maintain such records as may be prescribed by the City in the future to provide evidence that all terms of permit have been and are being observed. ARTICLE V ALTERATIONS BY PERMITTEE Except for the alterations and/or improvements described on Exhibit "B", attached hereto, the Permittee shall neither construct nor erect any building, fence, wall, sign, screen enclosure, or any permanent improvement upon the demised premises or the adjacent portion of Indian Creek without prior written consent of the City. The Permittee shall have the sole responsibility for obtaining all local, state and Federal regulatory approvals, permits or licenses required for construction of improvements upon the Demised Premises or the adjacent portion of Indian Creek. All improvements made by the Permittee shall be readily removable without injury to the 3 Demised Premises at the expiration of each time frame (2/25/94, 2/25/95 and 2/25/96) or upon ten (10) days written notice from the City. Removal by the City of any improvements made by the Permittee shall be at the sole expense of the Permittee, and Permittee shall pay the City for any expense within ten (10) days of demand by the City. ARTICLE VI CONDITION OF DEMISED PREMISES AND MAINTENANCE The Permittee, at his own expense, shall cause the Demised Premises to be in a state of good condition from the commencement of this permit. The Permittee shall maintain and keep the entire Demised Premises in a neat, clean condition, free of refuse and debris. All landscaped areas shall be maintained in a live, healthy, and growing condition, properly watered and trimmed. Determination of the condition of said premises shall be made by the City. ARTICLE VII INSURANCE, HOLD HARMLESS AND INDEMNITY The Permittee does hereby agree to indemnify and hold harmless the City for all claims, liability, losses, damages and causes of action which may arise out of this revocable permit or the Permittee' s activity on the Demised Premises. The Permittee shall also carry in full force and effect throughout the duration of this permit, the following insurance coverage: 1. Commercial General Liability, including contractual liability (to cover the above indemnification) , in the amount of $1, 000, 000. 00 per occurrence. The City must be named as an additional insured. 2 . Workers ' Compensation coverage including United States Longshoremen and Harborworkers and Jones Act coverage. 3 . Original certificates of insurance must be submitted evidencing the above coverage and approved by the City's Risk Manager prior to operating. 4 . The City must be notified thirty (30) days prior to any cancellation or change of coverage. 4 • ARTICLE VIII ASSIGNMENT Without the prior written consent of the City Manager, the Permittee shall not sublet, assign, transfer, mortgage, pledge, or dispose of this permit for the term hereof. ARTICLE IX NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved on the Demised Premises shall be at the risk of the Permittee or the owner thereof. The City shall not be liable to the Permittee for any damage to said personal property. ARTICLE X CITY'S RIGHT OF ENTRY The City or any of its agents, shall have the right to enter upon the Demised Premises during all reasonable working hours for the purpose of inspecting or repairing such premises. Such right of entry shall likewise exist for the purpose of removing signs, fixtures, or alterations which do not conform to this permit. Any removal of improvements or repairs made by the City and necessitated by the Permittee' s use of said Demised Premises, shall be at the sole expense of the Permittee. ARTICLE XI REVOCATION OF PERMIT It is understood and agreed between the parties hereto, that the City may, upon three (3) days written notice to the Permittee, cancel this permit, at any time, including any respective permit period as set out in Article II above, for cause if deemed necessary to promote or maintain the general welfare, comfort, morals, peace, health, safety, or convenience of the City or its inhabitants. 5 ARTICLE XII NOTICES It is understood and agreed between the parties hereto that written notice addressed to the Permittee and mailed (certified mail, return receipt requested) or hand delivered to Yachting Promotions, Inc. , 1115 N.E. 9th Avenue, Ft. Lauderdale, Florida 33304 , shall constitute sufficient notice to the Permittee, and written notice addressed to the City Manager and mailed (certified mail, return receipt requested) or hand delivered to the City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, shall constitute sufficient notice to the City to comply with the terms of this Permit. ARTICLE XIII PEACEFUL POSSESSION Subject to the terms, conditions and covenants of the Permit, the City agrees that Permittee shall and may peacefully have, hold and enjoy the premises without hindrances or molestation by the City. ARTICLE XIV SURRENDER OF PREMISES At the expiration of the first two time frames and the expiration of this Permit or any renewal or cancellation thereof, Permittee shall, without demand, quietly and peaceably deliver up possession of the demised premises in as good condition as they are now, except for normal wear and decay, damage by the elements, or Act of God. The Permittee will be responsible for the expenses to put said premises in good condition, if said premises are not in good condition at the expiration, renewal, or cancellation of the first two time frames or this Permit. The Permittee shall remove any improvements which he installs upon the premises at his sole cost and expense. 6 ARTICLE XV ARBITRATION Any controversy or claim for money damages arising out of or relating to this Permit, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matter related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Permit, or the breach thereof, including any controversy or claim relating to the right to specific performance shall be settled by litigation and not arbitration. ARTICLE XVI LIMITATION OF LIABILITY The City desires to enter into this Permit Agreement only if in so doing the City can place a limit on the City' s liability for any cause of action for money damages due to an alleged breach by the City of this Permit Agreement, so that its liability for any such breach never exceeds the sum of any unpaid sums to Permittee pursuant to this Permit Agreement. Permittee hereby expresses its willingness to enter into this Permit Agreement with Permittee's recovery from the City for any damage action for breach of contract to be limited to the sum of ten thousand and 00/100 dollars ($10, 000) . Accordingly, and notwithstanding any other term or condition of this Permit Agreement, Permittee hereby agrees that the City shall not be liable to the Permittee for damages in an amount in 7 4 excess of $10, 000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Permit Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. IN WITNESS WHEREOF, the parties have hereunto executed this Permit Agreement for the purposes herein expressed the days and years first above written. ATTEST: If OF MIAMI .ACH /IP / ITY CLERK 0 411 OR In the presence of: ACHTING PROMOTIONS, INC. / f�f J Witness 1 / / Vice-Pre- den D ne Graziano - / / i % L // i Witness (c: WP51�DOCS\revocper. 3 9/3 '�355am FORM APPROVED LEGAL DEPT. By 11 Date S— e1-53 8 • EXHIBIT "B" REVOCABLE PERMIT VESSELS TO BE DOCKED AND ALTERATIONS TO PREMISES Temporary docks will be placed immediately adjacent to the seawall to accommodate as many yachts and other vessels as are approved by the Marine Authority, which may be available for visual inspection by prospective purchasers. As many as two floating barges may be placed in the adjacent to the demised premises to accommodate tented seating lounge areas. In accordance with the recommendation approved by the Marine Authority at its meeting on September 9, 1993 all docks, pilings, dolphins, lines and other moorings both above and below the water line shall be within the area shown on Exhibit "A" attached hereto. A temporary fence, subject to the approval of the City's Planning and Zoning Department, may be located adjacent to the sidewalk to enhance security and safety precautions. A temporary ticket booth or office may be placed on the out lots. No part of any fence or temporary building may block any portion of the sidewalk or otherwise impede pedestrian or vehicular traffic. A temporary banner may be erected on the demised premises, subject to the approval of the City's Planning and Zoning Department. C:\WP51\DOCS\revocper.3 9 RESOLUTION NO: 93-20902 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A THREE YEAR REVOCABLE PERMIT TO YACHTING PROMOTIONS, INC. FOR THE USE OF 600 FEET ALONG THE SEAWALL ON INDIAN CREEK OF OUT LOT # 7 AMENDED PLAT OF INDIAN BEACH CORPORATION'S SUB (8-61) WHICH IS DIRECTLY ACROSS FROM THE MUNICIPAL PARKING AREA #19-X AT 46TH STREET AND COLLINS AVENUE WHEREAS, Yachting Promotions, Inc. has requested a three (3) year revocable permit for the rental of the City of Miami Beach Seawall located at Indian Creek Drive, at 46th Street and Collins Avenue for the placement of floating docks for the purpose of docking and mooring pre-owned yachts and other vessels during an event entitled "The Brokerage Yacht Show" during the periods January 25 - February 25, 1994 , January 25 - February 25, 1995 and January 25 - February 25, 1996, respectively; and WHEREAS, the City Manager recommends granting of the three year revocable permit; and WHEREAS, The City's Marine Authority reviewed the plans for the use authorized under the permit at its meeting on September 9, 1993, and recommended approval of the revocable permit. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and the City Clerk are hereby authorized to execute the three year revocable permit attached hereto, for the use of 600. 0 feet along the seawall on Indian Creek of out-lot # 7 amended plat of Indian Beach Corporation's Sub (8-61) , which is directly across from the Municipal Parking Area #19-X at 46th Street and Collins Avenue for the periods January 25 - February, 1994 , January 25 - February 25, 1995 and January 25 - February 25, 1996, respectively. PASSED AND ADOPTED THIS 22nd d- of Se• - ber , = 93. Al All AO r'YOR V Attest: uL L 'ORM APPROVED CITY CLERK LEGAL DEPT. Au �7 RMC:MDB:ojr:me c- 1 c- S3 Date