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Resolution 80-16504 • RESOLUTION NO. 80-16504 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT FOR THE USE OF A SEAWALL ADJACENT TO A MUNICIPAL PARKING LOT NORTH OF SIXTY-FIFTH STREET AND INDIAN CREEK DRIVE. WHEREAS, Biscayne Bay Cruises, Inc. has requested the use of the aforementioned municipal seawall for the docking of vessels and the discharging and collection of passengers for sight seeing cruises; and WHEREAS, it is deemed desirable to execute said permit, for the promotion of recreational activities for Miami Beach tourists . NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute a revocable permit for the use of a seawall adjacent to a municipal parking lot North of sixty-fifth street and Indian Creek Drive. PASSED AND ADOPTED this 17th day of December , 1980 . Attest: City Clerk FORM APPROVED LE DEP By . Date�j ' r� , 1,5, Ili-' LTA/mp OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 • Cart 06 nreamt: Vesaa . �P � F'cy. FLORIDA 33139 "VACATIONLAND U. S. A. - ,too n.. . CITY HALL ELAINE MATTHEWS 1700 Convention Center Drive CITY CLERK TELEPHONE: 673-7411 January 21 , 1981 Mr. Marshall R. Burack 1300 Southeast First National Bank Building Miami , Florida 33131 Subject: Captain Matt Hughes/ Biscayne Bay Cruises Dear Mr. Burack: Attached is an executed copy of the revocable permit approved by the City Commission with respect to docking of vessels at a portion of the parking area at 65th Street and Indian Creek Drive, together with a copy of the authorizing resolution. Copies of the agreement have been sent to the appropriate departments of the City should you wish to contact them. Yours very truly, 41-4:e":12_ ;9?a,e..., ,,,t/A,v_v.., Elaine Matthews City Clerk cc. Mr. Monte Lee, Economic Development Director Mr. Frank Cerabone, Assistant to City Manager Mr. Frank Aymonin, Public Works Director Mr. Curt Wild, Code Enforcement h1 -y crises, �:.:i • - ,�iscfinre ..mac. 1 4"va�E Rye•-rit RESOLUTION NO. 80-16504 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT FOR THE USE OF A SEAWALL ADJACENT TO A MUNICIPAL PARKING LOT NORTH OF SIXTY-FIFTH STREET AND INDIAN CREEK DRIVE. WHEREAS, Biscayne Bay Cruises, Inc. has requested the use of the aforementioned municipal seawall for the docking of vessels and the discharging and collection of passengers for sight seeing cruises; and WHEREAS, it is deemed desirable to execute said permit, for the promotion of recreational activities for Miami Beach tourists . NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute a revocable permit for the use of a seawall adjacent to a municipal parking lot North of sixty-fifth street and Indian Creek Drive. PASSED AND ADOPTED this 17th day of December , 1980 . \A . ayb Attest: - 16117-i ito/`G.i?/ ti,,,- City Clerk • FORM APPRUvED LE DEP j .) By i Z 4 • Date ,,1,-? ...?...1..i.:.:—.) I/re, LTA/mp nccirc nc THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 REVOCABLE PERMIT THIS AGREEMENT, made on the 17th day of December , 1980 , by and between the CITY OF MIAMI BEACH, hereinafter caled "City" and BISCAYNE BAY CRUISES , INC. , hereinafter called the "Permittee" . WITNESSETH That the City , for and in consideration of the restrictions and covenants herein contained , hereby permits the non-exclusive use of the City property described on Exhibit A attached hereto for the period of one year commencing on December17th , 1980 . IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: That the recitations , statements , covenants , warranties and agreements hereinabove captioned and set forth 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 docking a boat to be used for the purpose of operating sightseeing and dinner cruises on Biscayne Bay, and for the operation of such cruises from the premises , including the on-loading and off-loading of passengers and the sale of tickets for such cruises . ARTICLE II REGULATORY FEES To defray the cost of regulating the operation by the Permittee , from the demised premises , of the cruises described in Article I above , the Permittee shall pay the City a regulatory fee of $2 . 75 per seat, per month for each passenger seat on the boat used for the cruises , for each month the Permittee operates cruises from the demised premises . Payment shall be made on or before the 10th day of each month on account of operations for the preceding month: Fees for the first and last calendar months OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER nRlvE -MIAMI acecw ci mune -,moo of operation shall be prorated based upon the number of days of operation . The Permittee shall provide the City with notice of the first and last day of operations at least 5 days prior to such dates . ARTICLE III ALTERATIONS BY PERMITTEE 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 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 premises at the expiration of this permit or upon 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. ARTICLE IV CONDITION OF PREMISES AND MAINTENANCE The Permittee , at his own expense , shall cause the demised premiss 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 V INDEMNIFICATION AND HOLD HARMLESS The Permittee does hereby agree to indemnify and save the City harmless from any and all claims , liability , losses , damages and causes of actions which may arise out of this revocable -2- • • permit , or the Permittee ' s activity on the demised premises . Permittee shall carry general liability insurance with coverage in the amount of $300 ,000 . single limit for bodily injury and property damage . ARTICLE VI ASSIGNMENT Without the written consent of the City first obtained in each case , the Permittee shall not sublet , assign , transfer , mortgage , pledge , or dispose of this permit for the term hereof. ARTICLE VII 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 VIII CITY 'S RIGHT OF ENTRY The City or ay 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 premises , shall be at the sole expense of the Permittee. ARTICLE IX REVOCATION OF PERMIT It is understood and agreed between the parties hereto, • that the City may, upon ten days written notice to the Permittee , cancel this permit if deemed necessary to promote or maintain the general welfare , comfort , morals , peace , health , safety , and convenience of the City or its inhabitants . -3- • ARTICLE X NOTICES It is understood and agreed between the parties hereto that written notice addressed to Permittee and mailed or delivered to Biscayne Bay Cruises , Inc , , 13540 S .W. 6th Street , Fort Lauderdale , Florida 33325 shall constitute sufficient notice to the Permittee, and written notice addressed to the City Manager and mailed or 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 XI PEACEFUL POSSESSION Subject to the terms , conditions and covenants of the Permit , the City agrees that Permittees shall and may peaceably have , hold and enjoy the premises without hindrances or molestation by the City. ARTICLE XII SURRENDER OF PREMISES At 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 so at the expiration, renewal , or cancellation of this Lease. PERMITTEE FURTHER STATES THAT HE HAS CAREFULLY READ THE FOREGOING REVOCABLE PERMIT AND KNOWS THE CONTENTS THEREOF AND FULLY REALIZES ITS MEANING AND SIGNS THIS REVOCABLE PERMIT AS HIS OWN FREE ACT. -4- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI REACH FI nRinA 33138 EXHIBIT A The westernmost 150 feet, adjacent to the seawall at Indian Creek, of the City of Miami Beach Municipal Parking Lot on Indian Creek Drive immediately north of 65th Street, as shown on the attached drawing (to be centrally located measured from the midpoint of the seawall , not to exceed a total length of 150 feet) . ----- ----- -- •----- ......- -...__ v�-..ry._v.i........v J wI_• na no VLiv na..e an aV 7J.»V • _i_. __I r i r L ! 1_ - '1 - 1__1 ' I 1.. I__ _. .i. . ____ _i____r..... ,_t_i . , i I 1 1 I Hi- 1 1 1 I -a- -- - I j -1- i I ___L- t ` l I I I I ► ! I_ — -- I —L_i__, L I . .- ( l .a-_i_L ! 1 i I ! l i ! I I I 1 � , I � --I-_ � I I = I _ . 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L_. 4_ .....I. .1.. . . i_-.I _ I I • Ii I . J. ./ I :- .4 I. • .. ! •. . I '7 `� . 1 .C. •I t 1 - i. . . I _ . . .. 1 ._. i __.a._-1._ _. -N)/ :_ i. _ — _. ._. 1. _1. ..I .. J 1 I- - -I i - __s--.—..4.-i. -1 _1---1---1.— I . ( 1 1 I. i. . • . . ._• j . ..... . I.. :_.1.._ 1_ .1....-..- •.- 1 I I ' ! • I I ' I I I I I - + 1 . _. ; -- -1--L- I f- 1 -J� 1 r= �--•-;-r- I 1 ' ..1 , i . , I. 1 I i . ' °13, rr/M*1(4, . FLORIDA 3 3 1 3 9 5+uoer rtc . ,, "VACATIONLAND ('. S. A. " • MARINE AUTHORITY ECONOMIC DEVELOPMENT DEPARTMENT OFFICE OF MARINE INSPECTION Sidney Goldman,Chairman CODE ENFORCEMENT DIVISION 1700 Convention Center Drive Jack Bernstein,Vice-Chairman Miami Beach,Florida 33139 Joel Aberbach Phone: 673.7297 Jerry L.Sutton Oscar White December 29, 1980 Elaine Matthews City Clerk City of Miami Beach Miami Beach , Florida 33119 RE : Biscayne Bay Cruises, Inc. L: 17-21 parcel of land west of and adjacent to , etc. B: 3 Amended Plat 2nd Oceanfront Subdivision Dear Ms. Matthews: At a regular meeting of the Marine Authority held on December 23 , 1980, the full Board unanimously recommended that Biscayne Bay Cruises, Inc. , be allowed to dock a boat at the subject location (municipal parking lot) , for the purpose of operating a sightseeing business . The boat to be used is approximately 120 ft . in length , has a beam of 28 ft . , with a draft of 5 1/2 ft . The Marine Authority also recommended that Biscayne Bay Cruises be allowed to erect a 10 x 10 ft . aluminum building for the purpose of selling tickets, etc. , and also to erect sufficient pilings for the mooring of the sightseeing boat . Sincet ly your ,) S EY GOLDMAN &P-1 - Chairman Marine Autho ity ; .., E C F I l d r r+k pfC It j G .44 M' I OEC 29 1980 CITY CLERK'S D PT. • By . CITY OF MIAMI BEACH PPLICATION FOR HEARING BEFORE THE MARINE AUTHORITY FOR: • APPEAL FROM ADMINISTRATIVE DECISION ' Zip FILE NO: • NAME OF APPLICANT BISCAYNE BAY CRUISES, INC. ▪ ADDRESS 13540 S.W. 6th Street, Fort Lauderdale, Florida 33325 • LEGAL DESCRIPTION Lots 17 - 21 , Parcel of Land west of and adjacent to, etc. , Block 3, Subdivision. Amended Plat, 2nd OceanfrontuUSE: Mu. • HAS THIS PROPERTY PREVIOUSLY BEEN THE SUBJECT OF AN APPEAL TO THE MARINE AUTHORITY? YES DATE DECISION NO X . VESSEL (NAME AND/OR REGISTRATION NO. GRAY LINE - BELLE . DOCK - PIER - MOORING PILE ---LOCATION Sea wall adjacent to municipal parking lot on Indian Creek Drive at the foot of and immediately north of 65th St. . OTHER (DESCRIBE) • APPLICANT REQUESTS THE FOLLOWING: Permission to operate sightseeing and dinner cruises on Biscayne Bay from the above-described location . ADMINISTRATIVE OFFICER'S GROUNDS FOR DENIAL: . LETTER OF AUTHORIZATION BY OWNER (IF APPLICANT IS NOT OWNER) IN SUPPORT OF THIS REQUEST, I ATTACHED THE FOLLOWING: PLANS LETTER OF HARDSHIP OTHER Cover letter . IN SUPPORT OF THIS APPEAL, I AGREE TO COMPLY WITH ALL CONDITIONS ATTACHED TO THIS APPEAL AS GRANTED BY THE CITY OF MIAMI BEACH MARINE AUTHORITY. DATE /2//7/80 APPLICANT'S SIGNATURE Vj gilt* '74e E FOLLOWING ARE TO BE NOTIFIED OF HEARINGS AS MY REPRESENTATIVE: NAME Marshall R. Burack ADDRESS 1300 S.E. First National PHONE 371-2000 Paul & Thomson • Bank Building Miami, Florida 33131 ,TION TAKEN BY MARINE AUTHORITY ,TE OF DECISION ti)- /i p GRANTED DENIED )MINISTRATIVE RULING I/ ) Wu.L./Li ct e( d�l fA�.� co•. (,jiti,e4 A.c disL'filt,:c 1i.JL4 Z� �-- Q cez-tc_.C. c-C rz.44.11r '` C1 1Cc' 1. t Marine Authorfiv Secretary PAUL & THOMSON ATTORNEYS AT LAW 1300 SOUTHEAST FIRST NATIONAL BANK BUILDING MIAMI, FLORIDA 33131 TELEPHONE AND TELECOPIER (305)371 2000 INTERNATIONAL TELEX 44-120t CABLE:DPSP(VIA ITT) December 17 , 1980 City of Miami Beach Marine Authority 1700 Convention Center Drive Miami Beach, Florida 33139 Dear Sir or Madame: Enclosed is an application filed on behalf of Capt. Matt Hughes and Biscayne Bay Cruises, Inc. to appear before the Marine Authority at its meeting on December 23. Biscayne Bay Cruises proposes to operate sightseeing and dinner cruises on Biscayne Bay, operating from the municipal parking lot adjacent to Indian Creek at the foot of 65th Street. Sincerely, Wati` d Marshall R. Burack MRB/tv Enclosure V V ' . . IN WITNESS WHEREOF , the parties have hereunto executed this Permit Agreement for the purposes herein expressed the day and year first above written. CITY OF MIAMI BEACH , _ Mayor ' ATTEST: 4t24 f .< City C eilk BISCAYNE BAY CRUISES , INC. . ilkilLA+s ee In the presence of: 'itit aid‘ec,(,t K &t,c,,,,,e,k_ nit,i2,' szhazi-A-1 esses SWORN TO and SUBSCRIBED before me this ç -,/ 1day of December, 1980 . ( ez( /Ac. 1<O) • moi ) x-Yrc '/( N4T �•Y PIJBL C, State of Florida at Large My Commission Expires : NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES DEC 13 1903 IONDEE2 JHRU GENE041.-RIS UPIDERWRITEAS FORM APPROVED LEGA ,SEPT by I A„). _ bate 1)c'c VI I q(-b VK1li1LVAL RESOLUTION NO. 80-16504 (Authorizing the Mayor and City Clerk to execute a revocable permit for use of a seawall adjacent to a Municipal parking ' lot north of 65th St. and Indian Cr.Dr.) _ 1/4 411111,111111011. vf� U