RESOLUTION 92-20683 RESOLUTION NO. 92-20683
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING 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 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 FCR A FIXED LUMP SUM OF $10,200.
WHEREAS, Yachting Promotions, Inc. has requested a Revocable
Permit for the use of 572 .9 feet of out-lot #7 on Indian Creek at
46th Street and Collins Avenue for the p l ac oment 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 1-21, 1993 , which includes move-in and move-out
days; and
WHEREAS, the City' s Marine Authority reviewed the plans for
the use authorized under the permit at its meeting of December 10
1992 . The Marine Authority recommended approval of the Revocable
Permit; and
WHEREAS, the City Manager recommends granting of tt e Revocable
� Y 't as to form.
Permit and the City Attorney h approved --- p ---
NOW, THEREFORE, be it duly resolved by the City Commission of
the City of Miami Beach, Florida, that the Mayor and the City Clerk
are hereby authorized to execute the Revocable Permit attached
hereto, for the use of 572 . 9 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 period commencing February
1, 1993 and terminating on February 21, 1993 , which includes move-
in and move-out days for a fixed lump sum of $10, 200.
PASSED and ADOPTED this 16th day o i December , 1992 .
ATTEST: 1 /
_
City Clerk M:l or
PNB: lm FI" M APPROVED
C:resolut i.\yachting.rev LEG14,fiEPT.
11/19/92 10:51am
../7/By
Date(-7-.',,?25
L .
1
CITY OF MIAMI BEACH
frn
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) )2
TO: Mayor Seymour Gelber and DATE: December 16, 1992
Members of the City Commission
FROM: Roger M. Ca
t9A
City Manager. %kt,‘,
SUBJECT: RENTAL OF THE CITY OF MIAMI BEACH SEAWALL, LOCATED AT
INDIAN CREEK DRIVE AT 46TH STREET AND COLLINS AVENUE, TO
YACHTING PROMOTIONS, INC., DURING THE MIAMI INTERNATIONAL
BOAT SHOW FEBRUARY 1-21, 1993
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission approve
the attached revocable permit, in the amount of $10,200, for the
rental of the City of Miami Beach Seawall located a t Indian Creek
Drive, at 46th Street and Collins Avenue, in the amount of $10,200.
BACKGROUND:
On January 15, 1990, the City Commission entered into an agreement
with the Miami International Boat Show that states as follows:
"the City agrees that it will not lease other City-owned
facilities to third parties for a Boat Show during the period
that the Lessee is utilizing the Convention Center for its Boat
Show and for 30 days immediately before and 30 days immediately
following said period. " This agreement terminates in February
1993 .
During the past four (4) years, Yachting Promotions, Inc., has
produced their in-winter used Boat Show across from the Fontainebleau
Hilton and the Eden Roc. The area that they are requesting to
utilize is the 46th Street and Collins Avenue Seawall, which is City-
owned and is in the middle of these two (2) areas.
On March 13, 1992, Mr. Dane Graziano, Vice President of Yachting
Promotions, Inc., forwarded a letter to the City stating that he is
requesting to rent the City's property in conjunction with his show
(copy attached) .
ANALYSIS:
The Administration contacted the Miami International Boat Show to
determine if they intend to use the seawall area in question and, if
not, would they be willing to release the City from the restriction
imposed in their January 15, 1990 Contract Amendment. The Miami
International Boat Show has agreed to release the City from this
restriction (copy of letter attached) .
CONCLUSION:
In the release of this restriction, the City has the opportunity to
rent the 46th Street and Collins Avenue Seawall, in the amount of
$10,200 . The necessary plans, insurance, local, state and federal
regulatory approvals, permits and licenses required for the operation
will be provided by Yachting Promotions, Inc.
RMC:N :b1b
Attachments 1.11
AGENDA
I TEM
DATE iZ. - 1 �-i��1
r
REVOCABLE PERMIT
THIS AGREEMENT, made on the 17th day of December 1
199-, 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 "V=- 14 �4.s 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 temporarydocks 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 contemplated contem lated to be situated at the Demised Premises are
moreP articularly 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.
ARTICLE II
TERM
The Permittee shall have the use of the above mentioned
premises commencing
at 12 : 01 A.M. on February 1, 1993 and ending at
12 : 00 midnight on February 21, 1993 , for a period of twenty-one
(21) days; including move-in and move-out days.
Termination shall be accomplished by either party giving the
otherart notice in writing of intent to terminate at least
P Y
thirty (30) days s p rior to such date. However, pursuant to Article
XI of this s permit, City the may, upon three (3) days written notice
to the Permittee, cancel this permit for cause if deemed necessary
toP romote or maintain the general welfare, comfort, morals, peace,
health, safety or convenience of the City or its inhabitants.
ARTICLE III
REGULATORY FEES
To
defraythe 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
g Y
($10, 200) , payable a able 50% upon execution of this permit by the
Permittee
and 50% on January 11, 1993 , 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. In the
event that Permittee has not secured all required
governmentalpermitsby
January 11, 1993 , then Permittee shall have
the right
to terminate this Permit and receive a refund of 25% of
the fee with
the Cityretaining 25% as liquidated damages. If the
Permittee
terminates for any reason after January 11, 1993 , there
shall be no refund.
2
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
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.
3
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.
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
Allp ersonal 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
theose ur of inspecting or repairing such premises. Such right
P p p
4
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, 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.
5
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 Good.
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: C TY OF MIAMI lk, ACH
ex,,„4 E
1 OP/ /
CITY CLERK • OR
In the presence ?f: YAC'TING PROMOTIONS, INC.
(/////
tness
-Presid nt
Witness �' \
(c:revocper\yacht.per)
11/18/92 11:55am
FORM APPROVED
LEAL DEPT.
By
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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 DEL.tR6;Z. , all docks,
pilings,s dol hins, 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.
(a:\misc\yacht.per)
7
RESOLUTION NO. 92-20683
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING 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 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 A FIXED LUMP SUM OF $10,200.
WHEREAS, Yachting Promotions, Inc. has requested a Revocable
Permit for the use of 572 .9 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 1-21, 1993, which includes move-in and move-out
days; and
WHEREAS, the City' s Marine Authority reviewed the plans for
the use authorized under the permit at its meeting of December 10
1992 . The Marine Authority recommended approval of the Revocable
Permit; and
WHEREAS, the City Manager recommends granting of the Revocable
Permit and the City Attorney has approved the permit as to form.
NOW, THEREFORE, be it duly resolved by the City Commission of
the City of Miami Beach, Florida, that the Mayor and the City Clerk
are hereby authorized to execute the Revocable Permit attached
hereto, for the use of 572 .9 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 period commencing February
1, 1993 and terminating on February 21, 1993 , which includes move-
in and move-out days for a fixed lump sum - - of $10, 200.
PASSED and ADOPTED this 16th day o ►' December , 1992 .
ATTEST:
•
cAecl.,A1 E.'"&ritm,
City Clerk Mlor
PNB: lm FI1' MAP ' OVED
C:resoluti.\yachting.rev LEGpEPT.
11/19/92 10:51 am
By
Date(.- ..—� �--,,
CITY CSF MIAMI BEACH
f:Fr
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. 15)J)j
TO: Mayor Seymour Gelber and DATE: December 16, 1992
Members of the City Commission
FROM: Roger M. Ca
C�YMana er � 6 '�
ti L
SUBJECT: RENTAL OF THE CITY OF MIAMI BEACH SEAWALL, LOCATED AT
INDIAN CREEK DRIVE AT 46TH STREET AND COLLINS AVENUE, TO
YACHTING PROMOTIONS, INC., DURING THE MIAMI INTERNATIONAL
BOAT SHOW FEBRUARY 1-21, 1993
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission approve
the attached revocable permit, in the amount of $10,200, for the
rental of the City of Miami Beach Seawall located at Indian Creek
Drive, at 46th Street and Collins Avenue, in the amount of $10,200.
BACKGROUND:
On January 15, 1990, the City Commission entered into an agreement
with the Miami International Boat Show that states as follows:
"the City agrees that it will not lease other City-owned
facilities to third parties for a Boat Show during the period
that the Lessee is utilizing the Convention Center for its Boat
Show and for 30 days immediately before and 30 days immediately
following said period. " This agreement terminates in February
1993 .
During the past four (4) years, Yachting Promotions, Inc., has
produced their in-winter used Boat Show across from the Fontainebleau
Hilton and the Eden Roc. The area that they are requesting to
utilize is the 46th Street and Collins Avenue Seawall, which is City-
owned and is in the middle of these two (2) areas.
On March 13, 1992, Mr. Dane Graziano, Vice President of Yachting
Promotions, Inc., forwarded a letter to the City stating that he is
requesting to rent the City's property in conjunction with his show
(copy attached) .
ANALYSIS:
The Administration contacted the Miami International Boat Show to
determine if they intend to use the seawall area in question and, if
not, would they be willing to release the City from the restriction
imposed in their January 15, 1990 Contract Amendment. The Miami
International Boat Show has agreed to release the City from this
restriction (copy of letter attached) .
CONCLUSION:
In the release of this restriction, the City has the opportunity to
rent the 46th Street and Collins Avenue Seawall, in the amount of
$10,200. The necessary plans, insurance, local, state and federal
regulatory approvals, permits and licenses required for the operation
will be provided by Yachting Promotions, Inc.
RMC:N :blb
Attachments 111
AGENDA
I TEM - -
DATE 1 �. - 14--C1 7\i
ORIGINAL
RESOLUTION NO. 92-20683
Authorizing 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 of out-lot #7 amended plat of Indian
V y Beach Corporation's Sub (8-61) which is
directly across from the municipal
• parking area #19-X at 46th Street and
Collins Avenue for a fixed lump sum of
$10,200.