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RESOLUTION 90-19865 RESOLUTION NO: 90-19865 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A REVOCABLE PERMIT TO YACHTING PROMOTIONS, MIAMI, INC. , 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 WHEREAS, Yachting Promotions - Miami, Inc. has requested a revocable permit for the use of 600 . 0 feet of out-lot #7 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 during an event entitled "The Brokerage Yacht Show" during the period February 12 - 22 , 1990 . WHEREAS, the City Manager recommends granting of the revocable permit and the City Attorney has approved the permit as to form; and WHEREAS, the City ' s Marine Authority reviewed the plans for the use authorized under the permit at its meeting on August 10, 1989 . The Marine Authority recommended approval of the revocable permit. NOW, THEREFORE, Bfl IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and the City Clerk are hereby authorized to execute the 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 Ave iue for the period commencing February 12 , 1990 and terminating on February 22 , 1990. PASSED AND ADOPTED THIS day ''�of 1 1989 . VI -' -MAYOR Attest: 5y) Oa/4-N, CITY CLERK , 4e HCM. s e s 0_,,c1.4 AP, , frerm 111 (ci °r A ecte„ 2/%4m I C4C FLORIDA 3 31 3 9 sem: �;NCORP ORATED)*�% \41G "Y ACA TION/AND U. S. A. X3'9 `- r %A./,1 6':\> q OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. die 7/ 4 DATE: TO: Mayor Alex Daoud Members of th ity Com ssi FROM: Rob W. Par ins im,",/,fri CityManager 4,, dow SUBJECT: REVOCABLE P:. ' IT TO YACHTING PROMOTIONS - MIAMI, INC. FOR THE TEMPORARY USE OF THE SEAWALL ON INDIAN CREEK AT THE OUT LOTS ADJACENT TO THE MUNICIPAL PARKING LOT AT 46TH STREET AND COLLINS AVENUE BACKGROUND Yachting Promotions - Miami, Inc. has requested permission to use 600 feet of the seawall across from the City ' s parking lot #19-X on Indian Creek at 46th and Collins Avenue to place temporary floating docks for the purpose of docking and mooring yachts and other vessels during an event entitled "The Brokerage Yacht Show" during the period February 12 - 22 , 1990. The Permittee plans to dock as many as 80 - 100 vessels at the site which will be available for visual inspection by prospective purchasers. The vessels will be moored in place for the duration of the show. Prospective purchasers will make individual arrangements for thorough inspections of the vessels subsequent to the show dates. No excursions or transport of passengers from the site is permitted from the site, rather docking and display of the yachts only. The Permittee is required to obtain all necessary permits, to hold the City harmless for all liability and to provide insurance coverage as required by the City' s Risk Manager. A regulatory fee of Eighty Cents ($. 80) per foot, per day, for the duration of the event is established (Total fee: $5 , 280 . 00) . The plans for the proposed use were reviewed by the City ' s Marine Authority at its meeting on August 10, 1989 . The Marine Authority recommended approval of the revocable permit. ADMINISTRATION RECOMMENDATION The City Administration recommends adoption of the attached Resolution authorizing the Mayor and City Clerk to execute the revocable permit to Yachting Promotions - Miami, Inc. RWP:EJD:HCM: ses , 8 AGENDA ITEM /41igas40 DATE REVOCABLE PERMIT THIS AGREEMENT, made on the 29 th day of August , 1989, by and between the CITY OF MIAMI BEACH, hereinafter called "City" and YACHTING PROMOTIONS - MIAMI, 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 August 17 , 1989, 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 associates with the production of a show entitled "The Brokerage Yacht Show" 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 or licenses required for operations associated with the use of the Demised Premises . _1_ ARTICLE II TERM The Permittee shall have f the use of the above mentioned premises corencing at 12 : 01 A.M. on February 12 , 1990 and ending at 12 : 00 midnight on February 22 , 1990, for a period of eleven (11) days. Termination shall be accomplished by either party giving the other party notice of writing of intent to terminate at least five (5) days prior to such date. However, pursuant to Article XI of this permit, the City may, upon three (3) days written notice to the Permittee, cancel this permit for cause if deemed necessary to promote or raintain the general welfare, comfort, morals, peace, health, safety or convenience of the City or its inhabitants. 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 Eighty ($0. 80) Cents per foot of the six hundred (600) total feet of the seawall of the Demised Premises, per day, for a total of $5, 280. 00 for the entire term of this permit. Such regulatory fees shall be paid to the City prior to the commencement of the term of this Agreement. 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 -2- e i 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 Demised Premises at the expiration of this permit 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. Protection • - • demnity Coverage i luding passeng l iabi l it .nd cover.ge for masters .nd member of the cr - in theme.• ount of $1 , 000 000 per p- son. This policy mast name ----the City as an additi •nal i . ured. 2 . General Liability, inc uding contractual liability, in the amount of $5, 000, 000 . 00 per occurrence. The City must be named as an additional insured. 3 . Workers ' Compensation coverage including United States Longshoremen and Harborworkers and Jones Act coverage. 4 . Original certificates of insurance must be submitted evidencing the above coverage and approved by the City' s Risk Manager prior to operating. 5 . The City must be notified thirty (30) days prior to any cancellation or change of coverage . _3_ 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 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. 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 - Miami , 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, -4- 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 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 this Lease. The Permittee shall remove any improvements which he installs upon the premises at his sole cost and expense. IN WITNESS WHEREOF, the parties have hereunto executed this Permit Agreement for the purposes herein expressed the day and year first above written. ATTEST: CITY OF MIAMI BEACH 4 . 0, / _:4ee 13,1%-,- CITY CLERK VICE-MAYOR In The Presence of: YACHTING PROMOTIONS - MIAMI, _ INC. c.„ 7,. . --___ (t 1 Wi,oi Q N, /Y,,. n`,10, ' r C---- - ( ) / 'r , 7 , , ,, :/%. ./1 ,k____ i i. r� ,. � ,='� ', , Pres , ident Witness f,', , • //, i Iii i V . / /r t,(•. EXHIBIT "A" REVOCABLE PERMIT THE I3ROKERAGEi . . YACHT S HO W '�`'"` . ., , FEBRUARY /5 -l9, 1990 ` �J„ --- ,� 6 Sj• f I' • rAy, s �.. . 525 / NONiM+pAOPEHiY LINE ��'� ?6�i2 �VAN?) ,,_` I 250/"-- -25o, ;ll I I ,., ,ics .. I it i 11 -.., ,----4;:i7; . I 1111 qzt1 a -- "'"' 4 i T.1 ' • . 1-1_1 i a� Lt.J i DEMISED I Q r I PREMISES oI (Dli iC I q 4. , CZ • i i . Z I r i; n H I 1 ,1 .. I 1 al ...... 1 1* , .1.1.. Z . 1 II ' 1 Z , li,: I- _ _/_Oge I ; sus .1C . - Z 1 LC) . - Cr � r.•� 1' ;/ vc % h E1 RpcKszN .r.,, 4c/ / . 40,,,,,,. ' V VJl� . . . . . ... ..,.. ... OV � � (4152s) s illp 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 as 80-100 yachts and other vessels 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 August 17 , 1989 , all docks, pilings, dolphins, lines and other moorings both above and below the water line shall be within the 250 ' x 600 ' 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 o r 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. _7_ j ORIGINAL RESOLUTION NO. 90-19bb5 Authorizing the Mayor and the City Clerk to execute a revocable permit to Yachting Promotions, Miami, Inc. , 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. r f