2000-24184 RESO
RESOLUTION NO: 2000-24184
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A SHORT-TERM LEASE AGREEMENT WITH
YACHTING PROMOTIONS, INC. FOR THE USE OF THE
OUT LOTS AND APPROXIMATELY 600 FEET ALONG THE
SEAWALL ON INDIAN CREEK OUT LOT #7 AMENDED
PLAT OF INDIAN BEACH CORPORATION'S SUB (8-61)
WHICH IS DIRECTLY ACROSS FROM MUNICIPAL
PARKING AREA #19-X AT 46TH STREET AND COLLINS
AVENUE FOR THE PURPOSE OF DOCKING AND
MOORING USED YACHTS AND OTHER USED VESSELS
FOR THE BROKERAGE YACHT SHOW, FOR THE PERIOD
OF JANUARY 25, 2001, THROUGH FEBRUARY 25, 2001.
WHEREAS, Yachting Promotions, Inc. has requested to use the City seawall and lease the
abutting out-lots located adjacent to Indian Creek, at 46th Street and Collins A venue, for the
placement of floating docks for the purpose of docking and mooring of used yachts and other used
vessels during an event entitled, "The Brokerage Yacht Show", for the period of January 25, 2001,
through February 25, 2001; and
WHEREAS, the Administration recommends authorizing this use, and execution of the attached
short-term Lease Agreement (Agreement), for the aforementioned period of time; and
WHEREAS, The City's Marine Authority reviewed the plans for the use authorized under the
Agreement, at its meeting on July 11,2000, and recommended approval, subject to those certain
conditions set forth in the Agreement; and
WHEREAS, the Planning Board of the City of Miami Beach, held a public hearing on
August 25, 2000, and approved Yachting Promotions, Inc.'s, request for a Conditional Use Permit
pertaining to the use set forth in the Agreement.
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 attached short-term Lease Agreement, for the use of approximately
600 feet along the seawall on Indian Creek including out-lot #7 amended plat of Indian Beach
Corporation's Sub (8-61), which is directly across from Municipal Parking Area #19- X at 46th Street
and Collins Avenue, for the period of January 25, 2001, through February 25, 2001, for the purpose
of docking and mooring used yachts and other used vessels during the "Brokerage Yacht Show"
event.
PASSED AND ADOPTED THIS 29th day of November, 2000.
~1fJ
MAYOR
Attest:
JaV-{J r~
CITY CLERK
JMG:MDB:CMC:JD:rd
T:\AGENDA \2000INOV2900IREGULAR\ Y ACHTSHW .RES 11121/00
APPROVED AS TO
FORM & LANGUAGE
& FOR exECUTION
~OhlL::.. J ,~ ")../-cl/
;~ 'br- Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
htlp:\\cl.mlaml-beach.fl.us
COMMISSION MEMORANDUM NO.
~o -OU
TO:
Mayor Neisen Kasdin and
Members of tbe City Commission
Jorge M. Gonzalez \ ~
City Manager () . 0
DATE: November 29, 2000
FROM:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A SHORT-TERM LEASE AGREEMENT
WITH YACHTING PROMOTIONS, INC. FOR THE USE OF THE OUT
LOTS AND APPROXIMATELY 600 FEET ALONG THE SEAWALL ON
INDIAN CREEK OUT LOT #7 AMENDED PLAT OF INDIAN BEACH
CORPORATION'S SUB (8-61) WHICH IS DIRECTLY ACROSS FROM
MUNICIPAL PARKING AREA #19-X AT 46TH STREET AND COLLINS
AVENUE FOR THE PURPOSE OF DOCKING AND MOORING USED
YACHTS AND OTHER USED VESSELS FOR THE BROKERAGE
YACHT SHOW, FOR THE PERIOD OF JANUARY 25, 2001, THROUGH
FEBRUARY 25, 2001
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
Yachting Promotions, Inc. (YPI) has requested to lease the City-owned property known as the 46th
Street out-lots directly across the street from the parking facility located on 46th Street and Collins
Avenue and just north of the Eden Roc Hotel. VPI's request is for approximately 600 feet along the
Seawall on Indian Creek to place floating docks for the purpose of docking and mooring yachts and
other vessels for the 2001 Yacht Brokerage Show. It is anticipated that there will be between 460
and 470 vessels involved in this years event. The event is scheduled to run from January 25,2001,
through February 25,2001, as listed below:
Dock Set-up ................................. January 25 through February 8, 2001
Move-in ......................,............ February 9 through February 14, 2001
Show Dates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . February 15 through February 19,2001
Move-out ................................. February 20 through February 21, 2001
Break-down ............................... February 22 through February 25, 2001
AGENDA ITEM
CLN
11-'29- 0 0
DATE
On December 16, 1992, the City Commission adopted Resolution No. 92-20683 authorizing the
Mayor and the City Clerk to execute a revocable permit to YPI for the use of the subject out-lots.
On September 22,1993, the City Commission adopted Resolution 93-20902 authorizing the Mayor
and the City Clerk to execute a three year revocable permit fot the use ofthe subject out-lots for the
1994,1995, and 1996 show dates. For the 1997, 1998, 1999, and 2000 shows, VPI requested, and
the Administration recommended, that permission be granted for the use ofthe subject out-lots for
the respective show dates. The City Commission concurred in each case and adopted Resolutions
No. 97-22258, 98-22644,98-22956, and 99-23411 respectively approving same. The following
schedule details the fees paid to the City by VPI from 1994 through the present.
Show Year Fee
1994 ..............................................,............. $10,200.00
1995 ............................................................ $10,710.00
1996 ............................................................ $11,245.50
1997 ............................................................ $18,309.00
1998 ............................................................ $20,140.00
1999 ............................................................ $22,154.00
2000 ............................................................ $24,369.00
2001 ......................... (proposed)......................... $26,806.00
The request by VPI for use of the premises during the 2001 dates specified above does not conflict
with the terms of the City's Agreement with the Miami International Boat Show as long as the boats
being displayed are not new (i.e., that they are used and pre-owned). At the conclusion of the 2000
Show, the Administration met to review both the positive and negative aspects of that Show and to
provide recommendations for the 2001 Show. YPI has committed to abide by the following
recommendations:
. To submit a letter stating that all of the vessels to be displayed in the area for which the
permit is requested are used (i,e. pre-owned), prior to the City's issuance ofthe permit.
. To submit the hull numbers of all vessels which will be displayed during the show in the area
for which the permit is requested, prior to the arrival of any vessels.
. To submit documentation reflecting a schedule, including departure date and times for all
vessels prior to the inception of the move-out. VPI shall endeavor, and said schedule shall
reflect, that the move-out of the boats shall be spread as evenly as possible over the two day
move-out period.
. To use and maintain the existing restroom facilities on the 46th Street Parking Lot for the
shows patrons from February 15, 2001 through February 19,2001, in addition to the portable
units ("crowd pleasers"), which may have been approved.
. To provide on premise off-duty police officers as recommended by the Miami Beach Police
Department and pursuant to the terms of the Lease Agreement as follows:
OFF-DUTY SET-UP MOVE-IN SHOW MOVE-OUT BREAKDOWN
1/25-218 2/9-2/14 2/15-2/19 2/20-2/21 2/22-2/25
POLICE 2 Officers 3 Officers 8 officers 6 officers 3 officers
DEPT. (Straight Shifts) 2 Sergeants I Sergeant
MARINE 1 Officer 2 Officers 1 Officer 6 Officers 1 Officer
PATROL 1 boat 2 boats 1 boat 3 boats 1 Boat
FIRE I Inspector 2 Inspectors I Inspector
DEPT. 1 Paramedic
At least one Officer IT ust remain on site at all times (24 hours) during show dates.
At least one Fire Insp ctor must remain on site at all times (24 hours) from the
beginning of Move-in to the end of Move-out.
. To lease private proper y at a site approved by the City from which to unload, launch, and
load the floating dock that will be used, or provide an alternative plan which must be
approved by the City.
. To refrain from parkin any vehicles on the west side of Collins Avenue, except during
loading and unloading ( f dock construction materials and those providing support materials
on a continuous basis.
. To provide a Performarce Bond or Cashiers Check in the amount of $5,000 as security for
faithful performance of and conformance to, the provisions ofthe Lease Agreement.
. To restore all out-lots' ithin the show's boundaries within one (1) week oflast move-out
date.
. To provide a shuttle se vice, from 73rd Street to 42nd Street, for the show's patrons which
will include buses whic run every 15 minutes, and begin said service one hour before, and
end one hour after the s ..ow's hours of operation.
. To provide electronic igns which will inform the public of bridge openings during the
move-in and move-out ates, and provide parking information during the show dates:
one on the 6400 blo k ofIndian Creek Drive for south bound traffic (Brittany Bay Park).
as many as may be equired and approved by the City.
. To arrange and pay fOl the Miami Beach Marine Patrol and other appropriate municipal
Marine Patrol agencies to provide patrol boats and staff during the set-up/move-in, show,
and move-outJbreak-do wn days to monitor the rowing club and other marine traffic as it
moves through the char nel.
. To arrange for and lease, no more than 39 parking spaces to accommodate the uses listed
below:
One Office Trailer 21' wide by 55 'long .............,................ 7 spaces
One Office Trailer 21' wide by 55'10ng .............................. 7 spaces
One Restroom Trailer 21' wide by 55'long ........................... 7 spaces
Four 8 yard, or One 20/30 yard dumpster ............................ 6 spaces
Four Service Vehicles (Vans/Pick-up Trucks). . . . . . . . . . . . . . . . . . . . . . . . . 4 spaces
Two Motor Homes (Office & Security) . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . 8 spaces
. To provide the following insurance coverage as approved by the Office of Risk Management:
Commercial General Liability, including contractual liability, in the amount of
$5,000,000 per occurrence
Workers' Compensation coverage including United States Longshoremen and
Harborworker's and Jones Act coverage.
. Subject to U.S. Coast Guard approval, operation ofthe 63rd Street bridge will be restricted
from its normal on demand opening schedule. During "set-up" and "breakdown" periods the
bridge shall open on signal, except that between the hours of 7:00 AM and 9:00 AM, and
between 4:30 PM and 7:00 PM, the openings shall be limited to no more than ten (10)
minutes each and only once per hour.
. The Lessee has agreed to conform and abide by the conditions imposed by the City of Miami
Beach Planning Board on August 25, 2000, pursuant to the Conditional Use Permit, File
No.1469, and by the recommendations made by the Marine Authority on July 11, 2000
(Exhibits 1 and 2, respectively). More specifically the Marine Authority further
recommended the following:
. In addition to any other existing clean-up requirement, any trash and/or debris found on
the shoreline of the Indian Creek waterway (up to the high tide line) between the Shows
southern and northern boundaries, shall be removed and properly disposed by VPr.
. VPI shall provide and maintain double flashing lights (2 per piling) , in good operating
condition at all times that the pilings are in place.
Furthermore, Yachting Promotion, Inc. has received approval and/or positive recommendations
from, the following authorities:
Miami Beach Planning Board ............................ 8/25/00 (Exhibit 1)
Miami Beach Marine Authority. . . . . . . . . . . . . . . . . . . . . . . . . .. 7/11/00 (Exhibit 2)
Miami-Dade County D.E.R.M. ........................... 1/28/98 (Exhibit 3)
Army Corps of Engineers ............................... 1/28/98 (Exhibit 4)
Miami-Dade County Commission. . . . . . . . . . . . . . . . . . . . . . . .. 1/13/98 (Exhibit 5)
and is pending final approvals, which must be obtained prior to the issuance of a Building Permit
from the City, from the following authorities:
Florida D.E.P . . . . . . . . . . . . . . . . . . . . . . . . . (expected prior to 1/7/2000) (Exhibit 6)
Florida D.O.T. ........................ (expected prior to 1/7/2000) (Exhibit 7)
U.S. Coast Guard . . . . . . . . . . . . . . . . . . . . . . (expected prior to 1/7/2000) (Exhibit 8)
Adopting the resolution authorizing the execution of the lease agreement, provides the City an
opportunity to continue enhancing its international reputation as a showcase for watercraft, by
hosting this pre-owned boat show which supplements the Miami Beach International Boat Show.
Additionally, said lease will result in revenues to the City of Twenty-six Thousand Eight Hundred
Six Dollars ($26,806) for the use of the premises for a thirty-two (32) day period. The necessary
plans, insurance, local, state and federal regulatory approvals, permits and licenses required for the
operation will be provided by YPL
JMG:MDB:cMc:~
Attachments Y'
T:\AGENDA\2000INOV2900IREGllLAR\Y ACHTSHW.MEM 11/21/00
LEASE AGREEMENT
THIS AGREEMENT, made on the November ~~ 2000, by and between
the CITY OF MIAMI BEACH, Florida (City), and YACHTING PROMOTIONS,
INC., a Florida corporation with offices at 1115 N.E. 9th Avenue,
Ft. Lauderdale, Florida 33304, (Lessee)
WITNESSETH
WHEREAS, the City is the owner of the 46th Street Out Lots,
directly across the street from the Municipal Parking Lot at 46th
Street and Collins Avenue; and
WHEREAS, the Lessee wishes to use approximately 600 feet along
the City-owned seawall on Indian Creek at 46th Street and Collins
Avenue, to place floating docks for the purpose of docking and
mooring used yachts and other used vessels for an event known as
the 1999 Yacht Brokerage Show, from January 25, 2001 to
February 25, 2001; and
WHEREAS, the Marine Authority of the City of Miami Beach, at
its meeting of July 11, 2000, reviewed and approved plans and
safety precautions of the Lessee, and recommended approval of
Lessee's proposed use subject to those certain conditions set forth
herein; and
WHEREAS, the City's Planning Board held a public hearing on
August 25, 2000, and approved the Lessee's request for a
Conditional Use pertaining to the use set forth herein.
NOW THEREFORE, in consideration of the restrictions and
covenants herein contained, the City hereby permits the Lessee's
use of the City property legally described in Exhibit "1", attached
hereto (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 LESSEE
The Lessee 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 to be
held from January 25, 2001, through February 25, 2001, entitled the
"Yacht Brokerage Show" for the sale of used boats only, and for no
1
other purpose whatsoever. The
contemplated to be situated on
particularly described in Exhibit
docks and vessels which are
the Demised Premises are more
"A", attached hereto.
The Lessee 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. Lessee shall comply with all applicable
statutes, ordinances, rules, orders, regulations and requirements
of the City, County, State, and Federal agencies
ARTICLE II
~
The Lessee shall have the use of the Demised Premises
commencing at 12:01 A.M. on January 25,2001, and ending at
midnight on February 25, 2001; a total period of thirty-two (32)
days, including move-in and move-out days.
ARTICLE III
REGULATORY FEES
To defray the cost of regulating the operations of the Lessee
on the Demised Premises, the Lessee shall pay to the City a
regulatory fee (fee) of Seventeen Thousand One Hundred Ninety-Six
Dollars ($17,196.00), payable 50% upon execution of this Lease by
the Lessee, and 50% on, or before January 25, 2001. In the event
that Lessee has not secured all required permits and approvals by
January 25, 2001, then Lessee and/or the City shall have the right
to terminate this Lease, and Lessee shall have the right to receive
a refund of 25% of the fee, with the City retaining 25% as
liquidated damages. If the Lessee and/or the City terminates the
Lease for any reason after January 25, 2001, there shall be no
refund.
ARTICLE IV
RENT FOR OUT-LOTS
The Lessee shall pay to the City a rent of Twelve Thousand
Eight Hundred Four Dollars ($12,804.00), payable 50% upon execution
of this Lease by the Lessee, and 50% on or before January 25, 2001,
for the use of the out-lots described in Exhibit "B", attached
hereto. In the event that Lessee has not secured all required
permits and approvals by January 25, 2001, then Lessee and/or the
City shall have the right to terminate this Lease, and the Lessee
shall have the right to receive a refund of 25% of the rent, with
the City retaining 25% as liquidated damages. If the Lessee and/or
the City terminates the Lease for any reason after January 25,
2001, there shall be no refund.
2
ARTICLE V
PERFORMANCE BOND
The Lessee shall provide to the City a Performance Bond in the
amount of Five Thousand Dollars ($5,000.00) as security for the
faithful performance of, and conformance to, the provisions of this
Agreement by Lessee. A cashier's check in the amount of $5,000
payable to the City of Miami Beach may be provided to the City in
lieu of a Performance Bond.
ARTICLE VI
RECORDS: AUDIT
The Lessee agrees to establish/maintain such records as may be
prescribed by the City to provide evidence that all terms of the
Lease have been and are being observed.
ARTICLE VII
ALTERATIONS BY LESSEE
Except for the alterations and/or improvements described in
Article VIII of this Lease, the Lessee shall neither construct nor
erect any building, fence, wall, sign, screen enclosure, or any
permanent improvement upon the Demised Premises without the prior
written consent of the City. The Lessee 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. All improvements made
by the Lessee shall be readily removable without injury to the
Demised Premises or the adjacent property on Indian Creek at the
expiration of the term as set forth herein, or upon ten (10) days
written notice from the City. Removal by the City of any
improvements made by the Lessee shall be at the sole expense of the
Lessee, and Lessee shall pay the City for any such expense incurred
by the City within ten (10) days of demand by the City.
ARTICLE VIII
VESSELS TO BE DOCKED: ALTERATIONS TO.
AND USE OF DEMISED PREMISES: AND OTHER REOUIREMENTS
Temporary docks will be placed on the demised premises
immediately adjacent to the seawall to accommodate as many yachts
and other vessels as are approved by the City, which yachts and
vessels may be available for visual inspection by prospective
purchasers. Not more than two floating barges may be placed in the
area adjacent to the Demised Premises to accommodate tented seating
lounge areas.
3
In accordance with the recommendations approved by the City of
Miami Beach Marine Authority in the past and based on the
additional recommendations made at its meeting of July 11, 2000,
the Lessee shall:
1. Provide at least one (1) life preserver at every other
piling.
2. Use its best efforts to control the speed limits of
all watercraft and endeavor to notify any and all
parties associated with the event as to these speed
limits and restrictions.
3. 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.
4. In addition to any other existing clean-up
requirement, any trash and/or debris found on the
western shore of the Indian Creek waterway (up to the
high tide line) between the Shows southern and
northern boundaries, shall be removed and properly
disposed by Lessee.
5. Lessee shall provide and maintain double flashing
lights (2 per piling) , in good operating condition at
all times that the pilings are in place.
The Lessee agrees to conform with all conditions outlined in
the Conditional Use Permit, File No. 1469, that was approved by the
Planning Board during the public hearing held on August 25, 2000,
and attached and incorporated as Exhibit "1" hereto. Furthermore
the City and the Lessee agree to the following:
1. Lessee shall maintain a channel width in accordance with
the aforementioned Conditional Use Permit.
2. Subject to the approval of the City's Planning and Zoning
Department, a temporary fence, may be located on the
Demised Premises to enhance security and safety
precautions, and 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.
3. Subject to the approval of the City's Planning and Zoning
Department, a temporary banner may be erected on the
Demised Premises.
4. Parking on the curb, or any other unauthorized location
shall be strictly prohibited, except during the actual
4
loading and unloading of materials or for vehicles which
are providing support materials on a continuous basis, and
with the supervision of an off-duty police officer.
5. In addition to any other costs agreed to herein, the Lessee
will be responsible for all costs, including administrative
fees, associated with arranging and providing for the Miami
Beach Marine Patrol and/or the Indian Creek Marine Patrol
and boats to monitor the rowing club and other marine
traffic as it moves through the channel, as follows:
OFF-DUTY SET-UP MOVE-IN SHOW MOVE-OUT BREAKDOWN
1/27-2/. 2/7-2/1. 2/17-2/21 2/22-2/24 2/21-2/27
POLICE 2 Officers 3 Officers B officers 6 Officers 3 officers
DEPT. 1 Sergeant 1 Sergeant
MARINE 1 Officer 2 Officers 1 Of:Hcer 6 Officers 1 Officer
PATROL 1 boat 2 Boat 1 Boat 3 Boats 1 Boat
&
BOATS
FIRE 1 Inspector 2 Inspectors 1 Inspector
DEPT. 1 Paramedic
At least one Officer must remain on site at all times (24 hours) during
Show Dates.
At least one Fire Inspector must remain on site at all times (24 hours)
from the beginning of Move-in to the end of Move-out.
5. The Lessee, at its sole cost, will arrange to have four (4)
electronic directional signs at the following locations:
a) one at the 6400 block of Indian Creek (south bound)
b) as many as may be required and approved by the City.
6. Subject to U.S. Coast Guard approval, operation of the 63rd
Street bridge will be restricted from its normal on demand
opening schedule. During "set-up" and "breakdown" periods the
bridge shall open on signal, except that between the hours of
7:00 AM and 9:00 AM, and between 4:30 PM and 7:00 PM, the
openings shall be limited to no more than ten (10) minutes
each and only once per hour.
7. The City agrees to provide the following parking spaces, to be
used only for the purposes specifically listed below, to the
Lessee:
a)
One Office Trailer 21'wide by 55'long
7 spaces
b)
One Office Trailer 21'wide by 55'long
7 spaces
5
c) One Restroom Trailer 21'wide by 55' long 7 spaces
d) Four 8 yard, or One 20/30 yard dumpster 6 spaces
e) Four Service Vehicles (Vans/Pick-up Trucks) 4 spaces
f) Two Motor Homes (Office & Security) 8 spaces
TOTAL 39 spaces
The location of said parking spaces will be at the City's sole
discretion. The Lessee will coordinate this effort with the
City of Miami Beach Parking Department and agrees to pay any
required fees and costs associated with the use of said spaces
for the period of time that they are used.
8. The City further agrees to provide up to twenty five (25)
parking permits to the Lessee during the Set-up and Break Down
dates for the sole use of the stage hands which will be
working during the Set-up and Break-down period. Lessee
acknowledges and agrees that these parking permits shall be
usable on a first-come, first-served basis and shall not
guarantee that parking spaces will be available. The location
of the parking spaces where these permits may be used will be
at the City's sole discretion. The Lessee will coordinate
this effort with the City of Miami Beach Parking Department
and agrees to pay any required fees and costs associated with
the use of said parking permits for the period of time that
they are issued.
9. The Lessee agrees to submit a letter stating that all of the
boats to be displayed are used (i.e. pre-owned), prior to the
City's issuance of the permit.
10. The Lessee agrees to submit the hull numbers of all vessels
which will be displayed during the show, prior to the vessels
arriving.
11. The Lessee agrees to use and maintain the existing restroom
facilities, and any portable restroom facilities that may be
temporarily located on the 46th Street Parking Lot, for the
patrons of the show.
12. The Lessee agrees to provide additional off-duty police
officers as follows:
a) One (1) officer on Washington Avenue on February 15th,
16th, 17th, 18th, and 19st, 2001 to assist with shuttle bus
operations.
b) One(l) motorcycle officer to monitor traffic on the 63rd
Street Bridge on February 20, 2001 (the first move-out
day) .
6
13. The Lessee agrees to lease private property from which to
unload, launch, and load the floating docks that will be used,
or provide an alternative plan, which must be approved by the
City, prior to January 5,2001.
14. The Lessee agrees to restore all out-lots within the show's
boundaries within one (1) week of last move-out date.
15. The Lessee agrees to provide a shuttle service for the show's
patrons which will include buses which run every 15 minutes,
and begin said service one hour before, and end one hour after
the show's hours of operation.
16. The Lessee shall provide to the Lessor, and abide by the
permits and/or recommendations of the following authorities:
a) Miami Beach Planning Board Conditional Use Permit
File No. 1469 (8/25/00) (Exhibit 1)
b) Miami Beach Marine Authority Recommendation
(July 11, 2000)
(Exhibit 2)
c) Miami-Dade County D.E.R.M.
Permit No.CC97-192 (1/28/98)
(Exhibit 3)
d) U.S. Army Corps of Engineers
Permit No.199031326(IP-BP) (1/28/98)
(Exhibit 4)
e) Miami-Dade County Commission Approval
(1/13/98)
(Exhibit 5)
f) State of Florida Department of Environmental Protection*
(pending) . (Exhibit 6)
g) Florida Department of Transportation Approval*
(pending) (Exhibit 7)
h) U.S. Coast Guard Approval*
(pending)
(Exhibit 8)
* All pending items shall be submitted prior to the issuance of a Building
Permit, by the City of Miami Beach Building Department, for construction
of the temporary docks.
ARTICLE IX
CONDITION OF DEMISED PREMISES AND MAINTENANCE
The Lessee, at its sole cost and expense, shall cause the
Demised Premises to be in a state of good condition from the
commencement of this Lease. The Lessee 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,
7
healthy, and growing condition, properly watered and trimmed.
Determination of the condition of the Demised Premises shall be
made solely by the City.
ARTICLE X
INSURANCE. HOLD HARMLESS AND INDEMNITY
The Lessee shall indemnify, defend and hold harmless, the City
and its officers, employees and agents, from any and all claims,
liability, losses, and causes of action which may arise out of the
Lessee's activities under this Lease and shall pay all claims and
losses of any nature whatsoever in connection therewith and shall
defend all suits, in the name of the City, when applicable, and
shall pay all costs (including attorney's fees) and judgements
which may be issued thereon. This indemnification shall not be
limited in any way by the type or amount of insurance carried by
the Lessee. The Lessee shall carry and maintain in full force and
effect at all times during the term of this Lease the following
coverages:
1. Commercial General Liability, including contractual
liability, in the amount of Five Million Dollars
($5,000,000.00) per occurrence. The City must be named as
an additional insured.
2. Workers' Compensation coverage including United States
Longshoremen and Harborworker's 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 the Commencement of this Lease.
4. The City must be notified thirty (30) days prior to any
cancellation or change of coverage.
ARTICLE XI
ASSIGNMENT
The Lessee shall not sublet,
pledge, or dispose of this Lease for
prior written consent of the City.
assign, transfer, mortgage,
the term hereof without the
ARTICLE XII
NO LIABILITY FOR PERSONAL PROPERTY
All personal property placed or moved on the Demised
shall be at the risk of the Lessee or the owner thereof.
shall not be liable to the Lessee for any damage to said
property.
Premises
The City
personal
8
ARTICLE XIII
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 Lease.
Any removal of improvements or repairs made by the City and
necessitated by the Lessee's use of said Demised Premises, shall be
at the sole expense of the Lessee.
ARTICLE XIV
TERMINATION OF LE~SE
Either party hereto may terminate this Lease, and thus
revoke and cancel this same, without cause and for 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 Lease term, as same is set forth herein.
If Lessee fails to perform in accordance with any of the terms
and conditions herein contained, and such default is not cured
within three (3) days after written notice is given to Lessee, then
the City may terminate this Lease without further notice to the
Lessee, such termination becoming effective immediately. In
addition, the City may pursue any and all additional remedies,
whether legal or equitable, available to it to seek redress for
such default, and in such case the prevailing party in any such
litigation shall be entitled to collect all reasonable attorneys
fees, court costs and other direct costs incurred in prosecuting or
defending the action from the opposing party or parties.
ARTICLE XV
NOTICES
It is understood and agreed between the parties hereto that
written notice addressed to the Lessee and mailed (certified mail,
return receipt requested) or hand delivered to Yachting Promotions,
Inc., 1115 N.C. 9th Avenue, Ft. Lauderdale, Florida 33304, shall
constitute sufficient notice to the Lessee, 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 Lease.
9
ARTICLE XVI
PEACEFUL POSSESSION
Subject to the terms, conditions and covenants of the Lease,
the City agrees that Lessee shall and may peacefully have, hold and
enjoy the Premises without hindrances or molestation by the City.
ARTICLE XVII
SURRENDER OF PREMISES
At the expiration of the time frame and the expiration of this
Lease or any renewal or cancellation thereof, Lessee shall, without
demand, quietly and peaceably deliver up possession of the Demised
Premises in as good condition as they were prior to the
commencement of the Lease, except for normal wear and decay, damage
by the elements, or Act of God.
The Lessee 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 time
frame or this Lease.
The Lessee shall remove any improvements which it installs
upon the Premises at its sole cost and expense.
ARTICLE XVIII
VENUE
Any litigation between the parties, arising out of, or in
connection with this Lease, shall be initiated in the court system
of the County of Miami-Dade, State of Florida.
ARTICLE XIX
LIMITATION OF LIABILITY
The City desires to enter into this Lease 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 Lease, so that its liability for any such breach never exceeds
the sum of Five Thousand Dollars ($5,000). Lessee hereby expresses
its willingness to enter into this Lease with Lessee's recovery
from the City for any damage action for breach of contract to be
limited to the sum of $5,000.
Accordingly, and notwithstanding any other term or condition
of this Lease, Lessee hereby agrees that the City shall not be
liable to the Lessee for damages in an amount in excess of $5,000
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 Lease. Nothing contained in this paragraph or
elsewhere in this Lease 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.
10
IN WITNESS WHEREOF, the parties have hereunto executed this
Lease for the purposes herein expressed the days and years first
above written.
ATTEST:
CITY OF MIAMI BEACH
~'f~
~11
MAYOR
CITY CLERK
In the presence of:
YACHTING PROMOTIONS, INC.
PIA-
Secretary
~
President
T:\AGENDA\2000\NOV2900\REGULAR\YACHTSHW.LSE 11/21/00
APPROVED AS TO
FORM & LANGUAGE
& FOR exECUTION
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11
PLANNING BOARD
CITY OF MIAMI BEACH, FLORIDA
MEETING DATE: August 25, 2000
PROPERTIES:
INRE:
LEGAL
DESCRIPTION:
FILE NO: 1469
4333 Collins Avenue - Charles Group Hotels
4441 Collins Avenue - Fountainbleau Hilton
4525 Collins Avenue - Eden Roc
460 I Collins Avenue - City of Miami Beach Parking Lot
4707 Collins Avenue - Mimosa Condominium
4775 Collins Avenue - New Florida Properties
4883 Collins Avenue - Westin Hotel
4925 Collins Avenue - The Executive
5001 Collins Avenue - Carriage Club South
The Application of Yachting Promotions Inc., for Conditional Use Approval for the
Installation of Temporary Floating Docks and Pilings Adjacent to the Existing
Seawall of the Indian Creek Waterway at 4300 Through 5001 Collins Avenue for the
Display and Sale of Pleasure Yachts During the Brokerage Yacht Show..
A parcel of Submerged land in Indian Creek, being a portion of Section 23,
Township 53 South, Range 42 East, Dade County, Florida, lying West of Collins
Avenue, adjacent to Lot "A", and Lots 1 through 23, AMENDED PLAT OF THE
INDIAN BEACH CORPORATION'S SUBDMSION, according to the plot thereof
as recorded in Plat Book 6, Page 148, of the public records of Dade County, Florida,
and adjacent to Blocks 38 and 40, AMENDED MAP, THE OCEAN FRONT
PROPERTY, THE MIAMI BEACH IMPROVEMENT COMPANY, according to
the plat thereof as recorded in Plat Book 5, Pages 7 & 8, of the public records of
Dade County, Florida. Said Submerged Lands described as follows:
Commencing at the Intersection of the Easterly Right-of-way line of sold Collins
Avenue (131 feet right-of-way), and the South line of said Lot 13; thence North
80'32'00" West on the Westerly extension of the South line of Lot 13, of said
AMENDED PLAT OF THE INDIAN BEACH CORPORATION'S SUBDMSION;
thence North 80'30'00" West on the Safe Upland Limits Line, being a point on the
West face of an existing seawall cap and the Point of Beginning of the herein
described Parcel; thence Southerly on the said Safe Upland Limits Line the following
six courses and distances; South 03'52'06" West, a distance of 401.82 feet; thence
South 06'45'55" East, a distance of 28.44 feet; thence South 11'21'11" West, a
distance of 773.16 feet; thence South 11'43'43" West, a distance of 904.32 feet;
Exhibit 1
thence South 6'29'34" West, a distance of747.58 feet; thence south 18'30'57" West,
a distance of 189.31 feet to the point of termination of the said six courses and
distances; thence North 75'40'45" West, a distance of 158.88 feet; thence courses
distances; thence North 75'40'45" West, a distance 158.88 feet; thence Northerly on
the East line of a proposed 80' channel the following thirteen (13) courses and
distances; North 11'08'22" East, a distance of396.67 feet; thence North 04'04'14"
East, a distance of375.l8 feet; thence North 10'05'39" East, a distance of 442.28 feet;
thence North 18'38'35" East, a distance 321.99 feet; thence North 05'33'55" East, a
distance of298.61 feet; thence North 00'52'09" East, a distance of231.41 feet; thence
North 09'14'37" West, a distance of228.l5 feet; thence North 01'31'21" West, a
distance of 397.14 feet; thence North 03'12'59" West, a distance of 447.18 feet;
thence North 19'59'43" East, a distance of650.l3 feet; thence North 25'21'38" East,
a distance of 159.94 feet; thence North 20'12'48" East, a distance of 323.33 feet;
thence North 03'06'58" East, a distance of 438.50 feet to the point to termination of
the said thirteen courses and distances; thence South 78'09'59" East, a distance of
337.05 feet to a point on the Safe Uplands Limits line, and being a point on the West
face of an existing seawall cap; thence Southerly on the said Safe Uplands Limits
Line the following three courses and distances; South II '50'0 I " West, a distance of
497.34 feet; thence South 10'27'15" West, a distance of 1034.62 feet; thence South
03'52'06" West, a distance of 69.76 feet to the point termination of the said three
courses and distances, and to the Point of Beginning.
CONDITIONAL USE PERMIT
The applicant, Yachting Promotions Inc., filed an application with the Planning Director for a Conditional
Use Permit pursuant to Section Sec. 142-1361 of the Land Development Regulations of the Code of the City
of Miami Beach, Florida in order to install temporary floating docks and pilings adjacent to the existing
seawall of the Indian Creek Waterway at 4300 Through 500 I Collins Avenue as proposed in the application.
Notice of the request for Conditional Use was given as required by law and mailed out to owners of property
within a distance of375 feet of the exterior limits of the properties upon which the application was made.
The Planning Board of the City of Miami Beach makes the following FINDINGS OF FACT, based upon
the evidence, information, testimony and materials presented at the public hearing and which are part of the
of the record for this matter:
That the Use is consistent with the Comprehensive Plan for the area in which the property is located;
That the intended Use or construction will not result in an impact that will exceed the thresholds for
the levels of service as set forth in the Comprehensive Plan;
Page 2 of6
That structures and Uses associated with the request are consistent with the Ordinance;
That the public health, safety, morals, and general welfare will not be adversely affected;
That necessary safeguards will be provided for the protection of surrounding property, persons, and
neighborhood values.
IT IS THEREFORE ORDERED, based upon the foregoing findings of fact and the staff report and
analysis, which are adopted herein, including the recommendations, that a Conditional Use Permit as
requested and set fonh above be granted, upon the following conditions that the applicant has agreed to:
1. The request is approved for the 200 I Boat Show event only scheduled for February 15 - 19,
2001.
2. This approval is granted to Yachting Promotions, Inc., only, as operator; any change in the
operator of the subject temporary docks shall IlQJ; be permitted. Any change in operator shall
be considered as a new application pursuant to Section 118-193 of the current Land
Development Regulations.
3. The applicant shall obtain a building permit for the request. The plan, design and
construction shall meet the applicable South Florida Building Code and Florida Accessibility
Code Regulations and shall be approved by the Army Corps of Engineers (ACE), Dade
County Department of Environmental Resources (DERM) and the State of Florida
Department of Environmental Protection (FDEP) prior to the issuance of a Building Permit.
4. The applicant shall enter into a lease agreement with the City of Miami Beach for use of the
outlots at 4600 Collins Avenue, subject to approval by the City Commission, prior to the
issuance of a Building Permit for the project. In the event that operational issues addressed
herein are in conflict with the City's lease, the operations as specified in the City's lease shall
prevail.
5. The Boat Show shall be limited to the area from the intersection of 43rd Street and Indian
Creek Drive to 500 I Collins A venue as shown on the survey submitted by the applicant, and
shall not extend further north or south of these limits.
6. The applicant shall provide a revised site plan, drawn to scale, showing the proposed set-up
of all floating docks for the show, and including revisions as specified by the Planning
Board, prior to the issuance of a Building Permit for the temporary docks and mooring piles.
Said site plan shall show the water depths at high and low tide for the entire Boat Show area.
The site plan shall be approved by the Planning Director. The navigable channel for the
2001 event shall be shown continuously at 80 ft. in width throughout the entire length of the
channel. In the event the 80 ft. channel appears to be inadequate, the City Manager or his
designee may require a wider channel at a width deemed necessary in consultation with the
. Page 3 of6
City's Marine authority, DERM and FDEP. Under no circumstances shall the 80 ft. wide
channel be blocked by stationary marine vessels.
7. The applicant shall coordinate installation of pilings and supply of power to the site with FPL
(Florida Power and Light Company).
8. The project shall include the installation of safety floatation devices on the mooring piles for
emergency use. Devices shall be located at reasonable intervals throughout mooring areas,
as determined by the appropriate authority.
9. The project shall include the installation of electric lights at the north and south ends of the
temporary dock and navigational reflectors on the perimeter mooring piles. Said electric
lights shall be installed with a natural light sensor switch to ensure their illumination during
the dusk to dawn hours of darkness. The appropriate location of the lights and reflectors
shall be indicated on the site plan prior to the issuance of a Building Permit.
10. The applicant shall remove and replace any concrete or asphalt surfaces damaged during
show set-up and break-down; said repairs shall occur within thirty (30) days after the
dismantling of the event.
II. Subject to Coast Guard approval, operation of the 63rd Street bridge will be restricted from
its normal "on demand" opening schedule. During the set-up and break-down periods of the
event, the 63rd Street Bridge will be subject to the following restriction: the Bridge shall
open on signal, except that from 7:00 a.m. to 9:00 a.m. and from 5:00 p.m. to 7:00 p.m., the
Bridge need only open on the hour. The applicant shall strive to bring yachts into and out
of the Boat Show docking areas in the early morning or late night hours.
12. The applicant shall install, at its expense, two (2) temporary electronic signs at key roadway
intersections (including the 41st Street area) informing the public of the 63rd Street Bridge
operations; said installation shall be made at least 24 hours prior to commencing set-up and
24 hours prior to commencing break-down. An advertisement shall be placed in the Miami
Herald newspaper informing the public of same.
13. Marine vessels participating in the Boat Show event shall abide by all applicable marine
regulations, including, but not limited to, speed limits, wake area restrictions, right-of-way
courtesy, etc, especially in the area of the Miami Beach Rowing Club at 65th Street and
Indian Creek Drive. The applicant shall inform in writing all participating Boat Show
captains of this requirement. Failure to comply with this provision will be automatic grounds
for revocation of this Conditional Use approval.
14. Large yachts with a draft greater than 4 ft. participating in the event shall not leave their
temporary mooring during the event days of February 15-19,2001 and shall only arrive
during set-up and depart during break-down of the event at high tide. The applicant shall
Page 4 of6
provide a list with a schedule of arrival and departure times for these vessels which shall be
reviewed and approved by the CMB Marine Patrol at least 15 days prior to set-up.
15. All participating show boats shall travel to and from the temporary marine docks at idle
speed.
16. The applicant shall staff the site with professional security officers to provide security 24
hours per day throughout the immediate surrounding area of the event, especially for the
private existing docks and properties along the western seawall of the Indian Creek
Waterway, beginning with move-in through move-out. Security guards shall be
supplemented with off duty Miami Beach Police Department officers as determined through
consultation with and guidance from Police Department officials.
17. The applicant shall obtain an occupational license for the use of the parking lot at Miami
Heart Institute North Campus (former St. Francis Hospital site) pursuant to Section 138-192
of the Land Development Regulations of the City Code for under-utilized parking, and shall
operate a shuttle between this location and the Boat Show on a regular basis.
18. The applicant will coordinate and obtain approval from the Florida Department of
Transportation (FDOT), with consultation and guidance from the Miami Beach Police and
Fire Departments, to provide for safe operations on Collins Avenue during Show activities.
Traffic control cones or other methods approved by FDOT shall be used to isolate the
breakdown lane from traffic. The breakdown lane will be used for loading and unloading
required for Show activities and emergency vehicle access. These areas will be clearly
identified and access to them rigidly enforced to minimize traffic delays. No private vehicle
parking will be authorized in the breakdown lane.
19 The applicant or any other participant in the event shall not offer for sale any new yacht,
pleasure boat or any other marine vessel on that portion of the site which is City property
(4600 Collins Avenue).
20. The applicant shall present a written progress report to the Department by March 2, 2001 to
be presented to the Board at its regularly scheduled meeting March 27,2001. Said progress
report shall include all accident or incident reports or other pertinent information regarding
the operation of the event. The Board will, at said meeting, also consider guidelines for
future boat show events.
21. The applicant shall be required to remove all trash and debris from the surrounding area and
in the water daily during the event and upon completion of the removal of the temporary
docks and pilings. The applicant shall provide, as a part of the above required progress
report, a written response from DERM confirming that this requirement has been met.
22. This Conditional Use Permit shall be recorded in the Public Records of Dade County at the
expense of the applicant.
Page 5 of6
23. The establishment and operation of this Conditional Use shall comply with all the
aforementioned conditions of approval; non-compliance shall constitute a violation of the
Land Development Regulations of the Code of the City of Miami Beach, Florida, and shall
be subject to enforcement procedures set forth in Section 114-7 of said Code and such
enforcement procedures as are otherwise available. In addition to the above, any failure by
the applicant to comply with the conditions of this Order shall also constitute a basis for
consideration by the Planning Board for a revocation of this Conditional Use.
PROVIDED, the applicant shaH build in accordance with the plans submitted as part of this file and as
approved by the Planning Board with any applicable modifications. This Order does not constitute a
building permit, but upon presentation of a recorded copy of this Order to the Planning Department, a
building permit shall be approved (subject to compliance with the conditions hereof) and processed in
accordance with and pursuant to the ordinances of the City of Miami Beach.
Dated tbis "S ~ day of 1/1/5 v5 i ,2000.
PLANNING BOARD OF THE
CITY OF MIAMI BEACH, FLORIDA
BY' 4. ;/ J /l
RlC-M~R, AlCp, PRINCIPAL PLANNER
FOR CHAIRMAN
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Tbe foregoing instrument was acknowledged before me this ~ J 11 day of /I--J Vu-\ J ,l-JJ i) , by Richard G.
Lorber, AICP, Principal Planner, Planning Department of the City of Miami Beacb, Florida, a Florida Municipal Corporalion,
on bebalf of tbe corporation. He is ne~(1.llaIJy known tn me. ~,0. i /' Ii
:.<= .~--'-'" "J ,c,('.
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Print Name: C-,j~L,~j ~ illl-rT
NoJary Public, State of Florida
My Commission Expires:
Commission Number:
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Exhibit B
Miami Beach Marine Authority
Recommendation
WHEREAS, the applicant listed herein has requested a hearing on the date set forth below, with regard to the
specific use, at the specific location set forth below; and,
Applicant: Show Manaqement, INc.
Type: 0 Beachfront Watersport Concession
:
lac Boat RentaVCharter on the Bay or Canal Boat Show
Location of proposed use: INdian Creek, Collins Ave
(Upland Property Address)
Vatious properties
(Upland Prop<rty Name)
Application Received: 6/51 2 0 0 0
Date Item Heard: 7/11/2000
WHEREAS on the above referenced date, the Miami Beach Marine Authority heard the above referenced
applicant's request with regard to the aforestated proposed use and location, conducted said bearing, and heard
comments from all interested parties.
THEREFORE BE IT DULY RESOLVED that the Miami Beach Marine Authority hereby:
o Does Not Recommend that the applicant's request for the aforestated proposed use at the aforestated
location be approved by the City.
x~ Recommends that the applicant's request for the aforestated proposed use at the aforestated location be
approved by the City with the following conditions:
1.
2.
3.
4.
5.
6.Additional Exhibits
Applicant performs clean
Approval is for the Boat
up on shoreline of Indian Creek after
Show January 2001 to'6ebruary 2001
show.
Any recommendation made by the Marine Authority related to beachfront watersport concessions is subject to any
and all other Municipal, County, State, and Federal requirements, including the receipt of fmal authorization to
operate from the Office of Asset Management, and securing a City Occupational License.
M: CMB\TEMPlMARlNEAU.RES
Exhibit 2
CITY OF MIAMI BEACH
MARINE AUTHORITY MEETING 7/11/2000
Attendance
Keith Hartley
Morris Sunshine
Bunny Patchen
Eric Wardle
Marcia Tavares
Hector Herrera
Mariane Argarra
Officer Pryor
Ted Bliss
Andrew Sett
Gordan Vincent
Bob Weir
Joe Donahue
Linda Arama
Raymond Heffron
Steve Boucher
Joaquin Ramirez
Al Weinstein
Dane Graziano
Pedro Becerra
Brian Friedman
Nancy Liedman
Mattie Bower
Joe Ramirez
Marine Authority
Marine Authority
Marine Authority (via phone)
Code Compliance
America Jet, Inc.
Miami Beach Sailing
Florida Beach Sports
Marine Patrol
Miami Beach Sailing
Playtime Watersports
Playtime Water Sports
Surfside Watersports
Surfside Watersports
S unset ~ -:larbor
Sunset Harbor
Boucher Brothers
Baywatch Boat Rental
Sunpost
Yachting Promoting
Fragments on the Beach
Ft. Lauderdale WaterSports
Commission
Commission
J&D Boat Rental
Meeting was called to order at 9:3 AM Keith Hartley, two members were present Bunny Patchen was
contacted and attended via telephone. Stuart Reed and Ira Nusbaum were not present. Minutes of
June 13,2000 were read, one correction was made. There was a motion by Kieth Hartley and a
second by Morris Sunshine to approve the minutes the minutes were approved with a vote of 3-0.
An application from Miami Beach Surfside Water Sports, Inc. This application replaced the
application considered at the last meeting from Surfside WaterSports, LLC. The applicants were Joe
Donahue and Bob Weir. Mastur Genib is not the owner or president of this business but will be
hired to manage the operation. There was a motion by Bunny Patchen and seconded by Keith
Hartley to approve the application with the following conditions:
1) All employees complete a Florida Safe Boating course within 60 days.
2) There will be a total of 5 Jet Skis, four for rental and one chase ski.
The applicant agreed to the conditions and the motion passed with a vote of 3-0.
The application from America Jet, Inc. for an operation at the Eden Roc with Bay Boat rentals was
deferred to the September 2000 meeting at the request of the applicant.
An application was made by Show Management requesting approval for the 200 I Miami Beach Boat
Show to be held in Indian Creek. There were reports from the Marine Patrol and Code Compliance
that there were no problems at the last show and the clean up which had been requested was done
to the City's satisfaction. There was a motion by Keith Hartley, seconded by Bunny Patchen to
approve the application with the condition the waterway and the Properties on Collins Ave. be
cleaned after the show. The applicant agreed to the condition and the motion passed 3-0.
Two applications were considered for Playtime WaterSports. The first for a water sport operation
at the Alexander Hotel at 5225 Collins. There was a report from the Marine Patrol that there had
been no new violations issued to the applicant and several inspections which have been conducted
found them to be in compliance with all regulations. There was a motion by Keith Hartley and
seconded by Morris Sunshine to approve the application as requested with the following conditions
and or additions:
I) There will be no unescorted riders on personal water craft allowed from this location.
2) The two 18 foot pontoon boats will be equipped with a miL"{imum 50hp motor.
3) The two 19 foot center console boats, one will be equipped with a 50hp motor and the second will
be equipped with a maximum 80hp motor.
4) The non motorized watercraft will be required to remain in sight of the dock at all times, and all
riders will be required to wear a type 1,2 or 3 life vest. One power craft will be held in reserve to
act as a chase boat.
5) Employees will be required to pass a Florida Safe Boating course within 60 days of employment.
The applicant agreed to the conditions and the motion passed 3-0.
The second application was to add additional watercraft at the water sport operation at the Wyndham
Hotel at 4833 Collins Ave. These additions include; Six (6) 700 Yamaha Waverunners, six (6) non
-motorized Hydro-Bikes, and six (6) Kayaks. There was a motion by Keith Hartley and seconded
by Bunny Patchen to approve the application with the following conditions:
1) There will be no unescorted riders on personal water craft allowed from this location.
2) The non motorized watercraft will be required to remain in sight of the dock at all times, and all
riders will be required to wear a type 1,2 or 3 lifevest. One power craft will be held in reserve to act
::s :l ~:::.::.::;~ ~oat.
3) Employees will be required to pass a Florida Safe Boating course within 60 days.
The applicant agreed to the conditions and the motion passed 3-0.
There was some discussion concerning the use of the Purdy Ave. Boat ramp. No new information
had been provided from the Police Department and there has been no response from the City
Attorney's office. Bob Dixon reported that Rhonda Montoya had responded to the board (probably
Ira Nusbaum) however, the board has no response as of this meeting. Raymond Heffron representing
Sunset Harbor condominiums, addressed the board expressing concerns about the use of the ramp,
especially at night. He complained about the use of the ramp by commercial jet ski operators and
the noise at night. The board responded they are waiting for a response from the City Attorneys
office to address the issue of commercial use of the ramp. Kieth Hartley passed on to Mr. Heffron
that Jackie Gonzalez had attended the last Marine Authority meeting and will address the parking
concerns. Eric Wardle advised that Police and Code Compliance are making increased patrols of
the boat ramp. Commissioner Leidman addressed the board and reported the area is becoming more
residential. She asked if anyone was licensed for commercial use of the ramp. Commissioner
Leibman was advised there were two applications which the board had approved that involved use
of the ramp for launching watercraft only. No business could be conducted at the ramp.
Commissioner Leidman advised this was scheduled as an agenda item at the Commission meeting
on July 12,2000.
The letter requested at the May 2000 board meeting were reviewed. There was a motion by Keith
Hartley and seconded by Morris Sunshine to not send the letter to the City Manager requesting the
status of the boat exclusion zone. Kieth Hartley was aware of the current status and informed the
board that it is waiting for State approval. The motion passed 3-0. There was a motion by Morris
Sunshine :md seconded by Bunny Patchen to approve and send 'he letter to the City Attorney
requesting to be informed of the status of any litigation concerning the l7st Street channel and
Fragments on th~ beach. The motion passed 3-0. There was a motion 'cy Morris Sunshine and
seconded by Bunny Patchen to redirect the letter requesting information about non motorized
watercraft to the Marine Patrol, the motion passed 3-0.
There was discussion concerning the proposed Beach Rules and Regulations. Joe Damien requested
a recommendation from the Board concerning the channel width. There was a motion by Morris
Sunshine and seconded by Bunny Patchen to recommend a fifty (50) foot channel width. The motion
passed 3-0. There was additional discussion concerning the placement oflifeguard stands and there
effect on water sport operations, the use of sailcraft and the use on non-motorized watercraft. These
items were deferred until the September meeting when the full board would be present.
Keith Hartley had to leave the meeting and a quorum was lost. The meeting ended at 12:45PM.
;-- .
1115 Northeast 9th Avenue, Fort Lauderdale, Florida 33304
(954) 764-7642' (800) 940-7642' Fax (954) 462-4140' Website: www.showmanagement.com
June 5, 2000
Mr. Eric Wardle
City of Miami Beach - City Ha1\
1700 Convention Center Drive
Miami Beach, FL 33139
RE: The Brokerage & Yacht Show
Dear Eric,
We are asking to be scheduled on your next agenda for the Marine Authority Board
meeting.
This request is for the approval and review of the conditions for the Brokerage & Yacht
Show held February 15 - 19,2001 in Indian Creek, Miami.
As in the past, we need the Marine Authority's approval so we can proceed to the
Planning Board for final approval.
Please let me know when the next scheduled meeting is and if there are any other
procedures for this request.
Thank you for your consideration and assistance.
\ G1-...c:
ane Graziano
Vice President
---,
DG/mp
YACHTING PROMOTIONS,INC.
Boat Show Management and Production
SHOW MANAGEMENT CONVENTION SERVICES
Public and Trade Show Exhibit Services
SHOW MANAGEMENT CONCESSIONS
Event FoOd and Beverage Services
SHOW MANAGEMENT ELECTRIC
C'.IIII/antion Elec~~;:; :::..;.....::::.:
YACHTING PROMOTIONS-GULF, INC.
~::2.~ S~S'.'! ~.~:J.;,::!,;~:",~"t ~,...rl O.."rl~ Ir;ti"n
~
METROPOLITAN DADE COUNTY
DEPARlMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT
NATURAL RESOURCES DMSION
AGREEMENT
FOR
CLASS I COASTAL CONSTRUCTION PERMIT
YACHTING PROMOTIONS. INC. ANNUAL BROKERAGE
YACHT SHOW. FLOATING DOCKS. RAMPS,
PILINGS AND TEMPORARY CANOPIES
Suite No. 400
33 S.W. 2 Avenue
Miami, Florida 33130
(305) 372-6575
,
PERMIT NO. CC97-192
DATE ISSUED: ~~U~'{ z..~1 I 'tcr~ EXPIRATION DATE: ~(,)~i z..<t., zc:os.
FIVE YEAR PERMIT AS APPROVED BY TIlE BOARD OF COUNTY
COMMISSIONERS ON JANUARY 13. 1998 RESOLUTION NO.
Exhibit 3
~
AGREEMENT FOR COASTAL CONSTRUCfION
DADE COUNTY DEPAR1MENT OF ENVIRONMENTAL RESOURCES
MANAGEMENT
(DERM)
NATURAL RESOURCES DMSION
This agreement, between the Permittee and Contractor named herein and Dade County
DERM, is made for the purpose of accomplishing the work described herein as further
described by approved drawings.
1. Pro Dosed work. construction. or use:
The temporary installation of 563 10 foot by 20 foot floating docks and ramps,
201 associated pilings and 54 temporary canopies over some of the floating docks
for 475 vessel slips (see Attachment A). All work shall be completed within a
thirty (30) day time period during January and February, including the set-up,
show time and demolition period. All structures, pilings, canopies, etc. associated
with this project shall be removed within this 30 day time period. This permit is
valid for a five-year period provided the proprietary authorization from the state of
Florida for the project area remains valid. Failure to obtain proprietary
authorization for the 1999 boat show or any future show up to the expiration date
of this permit shall result in the revocation of this permit.
All work shall be performed in accordance with the plans entitled "Special Purpose
Submerged Land Survey" and "Typical Floating Dock Views Sheets 1 -3"; signed
and sealed by Alan J. Davis, P.E.; dated on August 22, 1997; approved by this
Department, and in accordance with the conditions on sheets 2A through 21.
Attachment A; Construction Schedule for 1998 and 5 year Show Calendar
Attachment B: Vessel Size and Draft Chart
Attachment C: Intracoastal Waterway Chart with shoals and seagrass areas
marked
2.
Location:
Waterwav:
,
Indian Creek Waterway
East Side of Channel located between
4300 -5001 Collins Avenue
Miami Beach, Florida
Indian Creek Waterway
Sheet 2
SPECIFIC CONDmONS
1. The permittee is hereby advised that under Florida law, no person shall commence any
excavation, filling, construction, or other activity involving the use of sovereign or other'
lands of the state, title to which is vested in the Board of Trustees of the Internal
Improvement Trust Fund or the Florida Department of Environmental Protection (FDEP),
until such person has received the required authorization for the proposed use from the
Board of Trustees or FDEP. If such work is done without consent, or if a person
otherwise damages state land or products of state land, the Board of Trustees may levy
administrative fines of up to $10,000 per offense pursuant to the Florida Administrative
Code.
2. The permittee was granted a 30-day Sovereignty Submerged Land Special Event Lease
for the 1998 boat show event and a conditional approval for the following five years.
Proof of this conditional approval from the Board of Trustees of the Internal
Improvement Trust Fund for the boat shows scheduled from 1999 - 2002 shall be
submitted to DERM no later than December 23, 1998.
3. This permit shall be valid for a five year period commencing on the date of permit issuance
and contingent on obtaining a proprietary authorization State of Florida Board of Trustees
of the Internal Improvement Trust Fund. The current proprietary authorization is a 30-
day special event lease with a subsequent conditional approval for a five year period. If
the permittee is able to obtain a proprietary approval beyond this five-year period, then
this Class I permit may be extended upon approval by DERM. The time allotted to
complete the work for which this permit has been issued shall be limited to the period
stipulated in the permit unless the permittee request an extension of time from the
Department in writing at least thirty (30) days prior to the date of permit expiration.
Applications for extensions of time which are not timely filed pursuant to Section 24-
59.9(B)(2), Miami-Dade County Code will be returned to the applicant.
4. The permit authorizes the installation of 563 10 foot by 20 foot floating docks and ramps
and 201 associated pilings to create no greater than 475 boat slips and 54 temporary
canopies over some of the floating docks for the Brokerage Yacht Show on Indian Creek
in Miami Beach, Florida. All work shall be completed within a thirty (30) day time period
in accordance with the dates outlined it; the permittee's proprietary authorization. All
structures, canopies, pilings, ramps and materials associated with the project shall be
removed within this thirty-day time period. This permit does not authorize work outside
of this specific time period.
5. The permittee shall maintain a minimum channel width of 120 feet during the installation
of the docks, ramps and pilings excludinl!: the following dates, during which time the
Sheet 2A
,
permittee shall maintain a navigable channel not less than eighty (80) feet in width:
February 8 - 17, 1998
February 5 - 16, 1999
February 13 - 22, 2000
February 11 - 21,2001
February 10 - 19,2002
The 120 foot channel shall be re-established on the first day following the last show date
during dismantling.
6. The permittee shall maintain a minimum ch~el width of eighty (80) feet between the
moored boat show vessels and any moored vessels or docks on the west side of the Indian
Creek Waterway at all times during the show.
7. If at any time during the valid period of this permit, DERM determines that the one
hundred and twenty foot and/or the subsequent eighty-foot channel clearance requirement
is not adequate for navigation, the permittee agrees to modify the project and/or footprint
of the boat show to accommodate the required channel width approved by DERM.
8. If at any time the permittee determines that additional time is required to complete the
authorized activities (ie. breakdown or dismantling of the boat show) the permittee must
submit a modification request in writing for consideration a minimum of forty-eight (48)
hours prior to the last date authorized for the scheduled event
9. Rafting of vessels shall be restricted as follows:
a) All rafted vessels must be properly and securely moored in accordance with the
Miami-Dade County Mooring Code;
b) Rafted vessels and single vessels may not extend outside of the limits established in the
state's proprietary authorization;
c) A minimum channel clearance of eighty (80) feet must be maintained during the show;
d) Vessels shall not rafted in such a manner as to impede this 80 foot navigable channel;
,
e) Rafted of single vessels shall not impede access to the boat show or to Indian Creek
Waterway;
f) All vessels must provide clear and ready access for land-based firefighters and fire
boat, including means to safely and quickly reach outboard rafted vessels;
Sheet 2B
.
g) No vessels may be rafted more than 2 abreast
10. A minimum distance of one (1) foot clearance shall be maintained between the submerged
substrate and the bottom of all vessels associated with this project throughout the entire
construction, operation and demolition period (see Attaclunent B for vessel size and
drafts).
11. Large yachts with drafts greater than four (4) feet shall not leave their temporary moorings
during the event days (actual show dates) and shall only arrive during set-up and depart
during breakdown of the event and only at high tide.
12. Test operation of vessels (including sea trials and demonstrations) is prohibited by this
permit. All vessels occupying permitted slips for the boat show shall be secured to the
docks for the term of the boat show.
13. Since the West Indian manatee (Trichechus manatus) occurs in the waters adjacent to the
property, the permittee shall take measures to protect manatees during and after
construction. Failure to comply with any of the below-listed measures may result in
revocation of a portion of the performance bond referenced on herein. These measures
shall include the following:
a) All construction personnel shall be notified in writing of the possible presence of
manatees in the area and the precautions that should be taken during the construction
period. Copies of these written notifications shall be sent to DERM.
b) DERM recommends that a no-wake policy be enforced in the waters adjacent to the
project area.
c) Turbidity curtains shall be made of material in which manatees cannot become
entangled. Said curtains shall be properly secured, and shall be regularly monitored to
avoid manatee entrapment. Curtains shall not block manatee entry to or exit from
essential habitat.
d) All construction personnel shall be advised that there are civil and criminal penalties
for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida
Manatee Sanctuary Act of 1978. The permittee and contractor will jointly be held
responsible for any manatee harmed, harassed, or killed as a result of construction
activities.
e) All vessels associated with the project shall operate at "no wake/idle" speed s at all
times while in water adjacent to the property where the draft of the vessel provides
less than a four foot clearance from the bottom All vessels will follow routes of deep
water whenever possible.
Sheet 2C
f) All vessels associated with this project and that are being displayed at this boat show
shall operate in compliance with all posted speed restrictions, marine regulations,
right-of-way courtesy, etc. while in Dade County waters.
g) All in-water construction and/or demolition activities shall cease upon the sighting of a
'manatee(s) within three hundred (300). feet of the project area. Construction activities
will not resume until the manatee(s) has departed the project area.
h) Any collision with and/or injury to a manatee shall be reported immediately to the
"Manatee Hotline" (I-800-DIAL FMP) and to the U.S. Fish and Wildlife Service,
Vero Beach Office (407) 562-3909, and to DERM at (305) 372-6575.
i) The contractor shall maintain a log detailing sightings, collisions, or injuries to
manatees should they occur during the thirty (30) day project period.
j) Following the boat show, a report summarizing the above incidents and sighting shall
be submitted to the Florida Department of Environmental Protection (FDEP), Marine
Research Institute Office of Protected Species Research, 100 Eighth Avenue,
Southeast, St. Petersburg, Florida 33701-5095, the U.S. Fish and Wildlife Service,
3100 University Blvd., Jacksonville, Florida 32216, and to DERM within sixty (60)
days of project completion each year the boat show is held.
k) Prior to commencement of construction and/or demolition each vessel involved in the
construction shall display in a prominent location, visible to the operator an 8 112" by
11" temporary placard reading, "Manatee Habitat/ldle Speed in Construction Area".
In the absence of a vessel the placard will be located prominently adjacent to the
issued construction permit. A second temporary 8 1/2" by 11" placard reading,
"Warning Manatee Area" will be posted in a location prominently visible to water
related construction crews. A temporary constrain notice criteria sheet (temporary
notices are constructed by permittee) is attached. Temporary notices will be removed
by the permittee upon completion of construction.
1) Manatee awareness signs shall be installed and maintained (facing land) at the boat
show. Prior to initiation of construction, the permittee will send a project site plan to
the FDEP, Division of Marine Resources Office, Protected Species Management, 3900
Commonwealth Boulevard, Tallahassee, Florida 32399. FDEP shall specify
permanent location for "Caution Manatee Area" and Information Display" signs.
m) The manatee awareness signs will read "Caution Manatee Area" and shall be 3' x 4',
125 gauge 61TS aluminum, covered with white, engineer grade, reflective sheeting;
black screened lettering and design; and orange, engineer grade, reflective circle and
border. These signs shall conform to the Florida Uniform Waterway Marking System
Sheet 2D
.
n) in accordance with F.S. 327.40-1. The installation of these signs shall be made in
accordance with the FDEP specification for such signs. Sign installation specification
sand a permanent manatee awareness sign criteria sheet may be attached or will be
forwarded when permanent sign location are designated by FDEP.
0) An "Informational Display" (consisting of two signs "Manatee Basics for Boaters" and
"West Indian Manatee Fact Sheet" shall be installed prior to the boat show dates. The
purpose of the display is to advise all patrons of the boat show of the presence of
manatees and of the need to minimize the threat of boats to these animals. Permanent
"Information Display" location will be specified by FDEP personnel when permanent
sign location sites are designated (see item k above). A list of suppliers of the
"Informational Displays" will be forwarded with permanent site plans. The
"Informational Display" signs and piling remain the responsibility of the owner(s) and
are to be maintained for the life of the permit in a manner acceptable to FDEP and
DERM.
p) Verification that permanent signs have been installed at designated location shall be
provided to FDEP. Protected Species Management (see item k above). and DERM
before the boat show begins operations. Signs and piling remain the responsibility of
the owner(s) are to be maintained for the life of the facility in a manner acceptable to
FDEP.
14. Navigational reflectors shall be installed on the perimeter mooring piles in accordance with
U.S. Coast Guard standards.
15. DERM shall be notified a minimum of forty-eight (48) hours prior to the commencement
of construction and again upon completion of the removal of all structures and materials
associated with the project at (305) 372-6575. unless otherwise noted.
16. If all materials associated with the project have not been removed within the thirty (30)
day time period referenced in the proprietary authorization from the State of Florida,
enforcement action shall be taken by this Department which will included the revocation of
this permit and all or a portion of the performance bond.
17. The temporary docks, pilings. ramps and moored vessels shall not extend outside the
footprint permitted through the state's proprietary authorization. It shall be a violation of
this permit for any structure authorized by this permit to be installed and/or maintained
outside the footprint permitted through the state's proprietary authorization.
18. Navigational reflectors shall be installed on the perimeter mooring piles in accordance with
U.S. Coast Guard standards. All pilings at the entrance and exit of the 80 foot clearance
channel shall be equipped with electric warning lights. operating 24 hours a day.
Sheet 2E
..
19. The permittee agrees to provide the following patrol/escort vessels as follows:
,
a) patrol boats (Indian Creek Marine Patrol, Florida Marine Patrol, and Miami-Dade' t; ~,''''
Marine Patrol) will patrol the channel from commencement of installation to include
arrival and departure of the boats as well as dismantling of the floating docks and
.pilings to ensure compliance with permit conditions and to ensure that vessels comply
with all vessel speed restrictions; and
,
b) one patrol boat will be designated solely to the University of Miami Rowing Club, to .
meet on site at their facility located on 65th Street and Indian Creek for their morning
and afternoon training sessions, to personally escort them down Indian Creek for ~!1
~erioc!, including arrival, show dates and departure of show vessels [provided the
Rowing Club is agreeable to this escort];
20. Turbidity controls (such as, but not limited to, turbidity curtains) shall be implemented
during all phases of work authorized by this permit to ensure compliance with Dade
County water quality standards as stipulated in Chapter 24-11 (3), of the Metropolitan
Dade County Code. Turbidity controls shall be employed and maintained in the most
effective manner possible to prevent turbidity from extending beyond the turbidity control
mechanism in place. Failure to deploy and maintain the turbidity curtain or other turbidity
control mechanism in the most effective manner possible may result in the issuance of a
Uniform Civil Violation Notice (UCVN) which carries a mandatory fine, and/or
revocation of all or a portion of the performance bond, in addition to a requirement to
correct the violation.
21. Turbidity may not exceed twenty-nine (29) Nephelometric Turbidity Units (NTU's) above
background beyond fifty (50) feet from the point of discharge. Turbidity levels shall be
monitored continuously when turbidity plumes are visible beyond a 50 foot radius of the
point of discharge. If turbidity levels exceed twenty-nine NTU's above background
beyond 50 feet from the point of discharge, all construction shall be halted and additional
turbidity controls implemented. This project shall not be resumed until the contractor has
received authorization from DERM to commence work. At DERM's discretion, turbidity
samples may be required and shall be collected in accordance with Section 24-11(5)(c) or
as specified by DERM and the results sent directly to the DERM Project Manager on a
daily basis.
22. The contractor shall take all necessary precautions to prevent construction debris from
falling into the water. Any debris which does fall into the water shall be removed
immediately.
23. Any deviation from the approved plans for this project shall be submitted in writing to,
and approved by DERM prior to the commencement of this project.
Sheet 2F
.
24. A copy of this permit must be kept on-site during all phases of this project.
25. In order to provide a habitat for a variety of invertebrates and protective cover for small
fish, and to mitigate for unavoidable impacts to water quality associated with projects of
this type, a donation in the amount of $19,000.00 shall be made to the Biscayne Bay
Environmental Enhancement Trust Fund (BBEETF) to be used towards environmental
restoration or enhancement projects in Biscayne Bay or its tidal tributaries. The permittee
may make partial payments for each year that this permit is valid. A donation in the
amount of $3,800.00 shall be made to the BBEETF on the following schedule to satisfy
the mitigation requirements:
1998 Boat Show
1999 Boat Show
2000 Boat Show
2001 Boat Show
2002 Boat Show
$3,800.00 due at the time of permit issuance
$3,800.00* due on February 1, 1999
$3,800.00* due on February 1,2000
$3,800.00* due on February 1, 2001
$3,800.00* due on February 1, 2002
*This fee is based on the current estimated cost for DERM to provide riprap
mitigation ($40.00 per cubic yard). The permittee agrees to provide additional
mitigation if required as a result of changes in mitigation policies (i.e. amount
required) or changes in DERM's cost to perform the mitigation. DERM reserves
the right to perform alternate types of mitigation in lieu of riprap placement.
Alternatively, the permittee may make a one time donation in the amount of $19,000.00
prior to permit issuance.
26. The amount of mitigation (i.e. $19,000.00) is only for the boat show authorized by this
permit for the time period that this permit is valid. Additional mitigation shall be required
for each year that this permit is extended pending the permittee's request pursuant to
Section 24-58.9(B)(2) of the Code of Miami-Dade County and DERM approval.
27. If at any time the permittee obtains approval from the Miami-Dade County Board of
Commissioners for a modification to the Class I Permit to increase the number of boat
slips over the 475 slips already permitted, the permittee agrees to provide additional
mitigation based on the number of slips.
28. DERM reserves the right to modify or inl::rease the total amount of the performance bond
to be held necessary to ensure compliance with the permit conditions if violations of this
permit are documented. If DERM intends to increase the total amount of performance
bond, the permittee shall be notified by DERM in writing thirty (30) days prior the
following year's boat show event. Any additional performance bond must be posted seven
(7) days prior to the commencement of the construction /instaIlation of docks, pilings,
ramps associated with the boat show for the year that the bond increase is required.
Sheet 2G
"
29. Any increase in the number of non-water dependent structures (54 temporary canopies
permitted), such as covered display units and covered entertainment / concession units,
shall require additional approval from the Miami-Dade County Board of Commissioners
pursuant to Section 24-59.1 of the Code of Miami-Dade County, Florida.
30. The permittee shall provide copies of the Intracoastal Waterway Chart (Attachment C) to
all boat show participants (exhibitors, vessel owner/operators, etc.) with instructions to
follow either the north-bound or south-bound travel routes as indicated on the Intracoastal
Waterway Chart when traveling to and from the boat show.
31. It shall constitute a violation of this permit condition for any vessels operated by registered
boat show participants to operate outside the navigable channels and/or within restricted
access areas (i.e. buoyed shoal areas) as indicated on the Intracoastal Waterway Chart
(Attachment C).
32. All shoal areas within the 80 foot clearance channel and at the east end of the Intracoastal
Waterway and south of La Gorce Island as indicated on the attached waterways chart shall
be marked with U.S. Coast Guard approved buoys to prevent grounding and/or impacts to
sea grasses located with shallow areas.
33. Covered trash containers shall be provided at a convenient location adjacent to the project
area for the disposal of any debris associated with the project.
~
34. No liveaboard vessels (permanent or transient) shall be permitted to be docked at this
facility.
35. The use of bilge cleaners or degreasers by vessels shall be prohibited while they are
docked or within the project area.
36. No bilge discharge within the project area shall cause an iridescence on the waters surface.
37. There shall be no overboard discharge of sewage from vessels within the project area
including approved Coast Guard Type 1 or 2 flow-through marine sanitation devices. All
participants shall use the shoreside bathroom facilities unless their vessel is equipped with
a Coast Guard approved holding tank system (type 3 de,:ice).
38. There shall be no fueling facilities installed or maintained on the floating docks or
entertainment platforms authorized by this permit.
39. The boat show, including construction and demolition, shall be operated in accordance
with the marine facilities best management practices (BMP). All vendors or participants
Sheet 2H
.
should be contacted in advance by the permittee concerning pollution control issues and
BMP.
40. The installation of maintenance of restroom, sink or shower facilities on the floating docks
~
or entertainment platform is strictly prohibited by this permit.
41. There shall be no discharge of fuel, oil or sewage to tidal waters at this temporary docking
facility.
42. Floating oil booms and adequate absorbent materials shall be available on site at all times
in order to contain and clean up any oil or fuel spills. Appropriate boat show employees
shall be trained in the deployment and usage of the above-mentioned spill cleanup
equipment.
43. The permittee shall take immediate corrective action when any oil or fuel spill occurs.
This shall include, but not limited to the determination of the source of the spill and its
elimination, the deployment of oil and fuel containment booms, and the spreading of
absorbent materials for collection of the oil or fuel and other appropriate measures.
44. A performance bond in the amount of $6,000.00 shall be held to ensure compliance with
the aforementioned specific conditions. Failure to comply with any of these specific
. conditions may result in the forfeiture or revocation of all or a portion of the performance
bond.
45. The time allotted to complete the work for which this permit has been issued shall
be limited to the period stipulated on the permit unless the permittee requests an
extension of time from the Department in writing at least thirty (30) days prior to
the date of permit expiration. Applications for extensions of time which are not
tim~ly filed pursuant to Section 24-58.9(B)(2), Dade County Code will be returned
to the applicant.
I HAVE READ ALL THE AFOREMENTIONED "SPECIFIC CONDmONS" LISTED
ABOVE ON SHEETS 2A THROUGH 21 AND FULLY UNDERSTAND THEM. I
AGREE TO FULLY COMPLY WITH ALL CONDITIONS OF THIS PERMIT. I
UNDERSTAND AND ACKNOWLEDGE THAT FAILURE TO COMPLY WITH ALL
CONDITIONS OF THIS PERMIT MAY RESULT IN BOND FORFEITURE, PERMIT
REVOCATION, FlNES, AND/OR THE FlLING OF AN ENFORCEMENT ACTION
AGAINST ME BY DERM.
I HEREBY ACKNOWLEDGE THAT I AM FULLY RESPONSIBLE FOR THE
IMPLEMENTATION OF ALL WORK AUTHORIZED UNDER THIS PERMIT
AGREEMENT AND AGREE TO TAKE FULL RESPONSIBILITY FOR ENSURING
ADHERENCE TO ALL CONDITIONS, LIMITATIONS AND RESTRICTIONS
Sheet 21
.
";.
CONTAINED IN THIS PERMIT AGREEMENT. I FURTHER AGREE TO ASSUME
FULL RESPONSIBILITY FOR THE ACTIONS OF ALL MY EMPLOYEES. AGENTS
AND PERSONS UNDER DIRECf OR INDIRECf CONTRACfUAL OBLIGATION
TO ME WITH RESPECf TO THE WORK AUTHORIZED HEREIN. I FURTHER
AGREE TO ENSURE THAT ALL SUCH EMPLOYEES, AGENTS. AND PERSONS
SHALL ABIDE BY ALL .CONDmONS. LIMITATIONS AND RESTRICTIONS
CONTAINED IN THIS PERMIT.
Signed:
$~ /~
PERMITIEE
Date:
! - -yJ-j'K
,
Sheet 2J
3.
Name. Address and Phone of
Permittee:
Contractor: (Must be
Licensed bv Dade Countv)
Yachting Promotions, Inc.
1115 NE 9 Avenue
Ft Lauderdale, Florida 33304
Denmar Marine, Inc.
6733 Calle Del Par North
Boca Raton, Florida 33343
4.
DERM Proiect Manal!er:
JoAnne Clingerman
5.
ADDroximate Costs:
Item
Estimated Cost
Bond Amount
Cost of Construction (5 year period) $50,000.00
Performance and Mitigation Bond N/A
N/A
$24,000.00
6.
Total Amount of Performance Bond Reouired:
N/A
7. Pre-Work Conference:
At the discretion of the Director, a pre-work conference may be held prior to the
commencement of any work under this Permit between the Permittee, the
Contractor and Engineer, and representative(s) of DERM together with any
property owners or other persons whose interests may be affected by the work.
8. As-Built Plans may be required by DERM within thirty (30) days of
completion of the project.
9. Al!encies other than DERM from which aDDroval mav be necessarv (as
checked):
-A- U.S. Army Corps of Engineers
-A- State of Florida Department of Environmental Protection
-A- City of Miami Beach
-A- U.S. Coast Guard
-A- Florida Marine Patrol
Recommended: ~ ~
~am
IN WITNESS WHEREOF the said DADE COUNTY, FLORIDA has caused this
Permit Agreement to be executed in its name by the Director of DERM, and
Contractor and Permittee have caused this Permit Agreement to be executed in
their names.
Sheet 3
,
~
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':0'
BROKERAGE YACHT SHOW
COMMENCEMENT SCHEDULE
Dock Installation January 26 - February 5, 1.998
Move-In Boats February 6 - 1.1., 1.998
Show Dates February 1.2 - 1.6, 1.998
Move-Out Boats February 1.7 - 1.9, 1.998
Dock Removal February 1.6 - 22, 1.998
Brokerag~Yacht Show
Five-Year Calendar
'98
'99
2000
2001.
2002
February 12-1.6,' 1.998
February 11-15, 1999
February 17-21., 2000
February 15-1.9, 2001
February 14-1.8, 2002
.
ATTACHMENT A: CONSTRUCTION SCHEDULE -
& 5-YEAR SHOW CALENDAR
ATTACHMENT B: VESSEL SIZE AND DRAFTS
· 185 BOATS FROM 49 FEET TO 50 FEET WITH A FOUR (4) FOOT DRAFT OR LESS
· 210 BOATS FROM 50 FEET TO 79 FEET WITH A FIVE (5) FOOT DRAFT OR LESS
· 30 BOATS FROM 80 FEET TO 104 FEET WITH A FIVE AND A HALF (5.5) FOOT DRAFT OR
LESS
· 15 BOATS FROM 105 FEET AND ABOVE WITH A SIX (6) FOOT DRAFT OR LESS
· 2 BOATS FROM 140 FEET AND ABOVE WITH A SEVEN (7) FOOT DRAFT OR LESS
,
. _I
ATTACHMENT B: VESSEL SIZE & DRAFT-'
~
WHEN THE CO~CfOR IS A CORPORATION:
~~ LJ,./O/,Atl(I(..,I11If"-',.I, c;...%:;.,,:t~t.I;/~
/' ~e y (Correct Name of Corporation) . _ .
~ -' -
DATE ~~ fir BY -c...../y':' ~. .
President (AFFIX CORPORATE SEAL);
WHEN THE PERMI1TEE IS A CORPORATION:
q~ ~77" '.P77"r> ~
Secretary (Correct Name of Corporation
BY /I/:~_
(AFFIX CORPORATE SEAL)
DATE I. 'l- rlf (' .
President
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT
Issued On:.~l~ Z"it '~'l~ Bv~ ~
, --- Director or his Designee
,
THE ISSUANCE OF TIllS PERMIT DOES NOT RELIEVE THE PERMITIEE
AND/OR CONTRACfOR FROM OBTAINING ALL REQUIRED FEDERAL, STATE
AND LOCAL PERMITS.
Sheet 4
C'.,..,.".;. _.': .. .. __.....;..-_~...-.._..:._...._...
rrMi1 This notice of authorization must be
~ conspicuously displayed at the site of work.
United States Army Corps of Engineers E)(.? \J'ZES c ~
.~" S;:>NlAA-...'/ . ~.~
1
A permit to ?c"'<.:E P,L.>..,ibS ~ 'Fu:."'"....\., D<:Q::.5"F'1Z -r-u; l"\,..........., 60.1:\'
~ t-\e"-'
at
:l::.""J:>I~).,j c.~\c:.. """"':;''-'''1 ~~, :>~E c...~>....'r-f i=\.e:t.J~~
/ ,
has been issued to """.............l- \=>.k.',......-r"\.-l.l" .l:."'lr
on \/ ~ 199R
Address of Permittee \1\ S N E
0/'" Au~
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Fr. u..-....') Sl~ Fu.. '~o'-l
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~ :feE". g. ""'LlZ2-
District Commander
Co b.....P-<. t.~.s :::t1J'-o-l
~
Permit Number
J '''1,C:3\39{, (r?-Bf)
,
ENG FORM 4336, JUL 81
(EX. 11<5-2-303) EDmON OF 1lJL 70 MAYBE USED
(proponent cECW.(l)
Exhibit 4
~
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
C/O SOUTH FLORIDA WATER MANAGEMENT DISTRICT
P.O. BOX 24680
WEST PALM BEACH. FLORIDA3341&-4680
AEPL Y TO
A TIENnON OF
Regulatory Division
South Permits Branch
199031326 (IP-BP)
JAN 2 9 1998
Yachting Promotions, Inc.
Mr. Dane Graziano, Vice President
1115 NE 9th Avenue
Ft. Lauderdale, Florida 33304
Dear Mr. Graziano:
We are pleased to enclose the Department of the Army permit and
a Notice of Authorization which should be displayed at the
construction site. Work may begin immediately but the South
Permits Branch Section Chief, as representative of the District
Engineer, must be notified of:
a. The date of commencement of the work,
b. The dates of work suspensions and resumptions of work if
suspended over a week, and
c. The date of final completion.
The Branch Chief is responsible for inspections to determine
that permit conditions are strictly adhered to. A copy of the
permit and. drawings must be available at the site of work.
IT IS NOT LAWFUL TO DEVIATE FROM
THE APPROVED PLANS ENCLOSED.
Sincerely,
n
\~~""-~ w Po..wS..." ~ J /
"'..;;... 'Hanley K. Smith
~ Acting Chief, Regulatory Division
Enclosures
.
DEPARTMENT OF THE ARMY PERMIT
Permittee: YACHTING PROMOTIONS, INC.
Permit Modification No. 199031326 (IP-BP)
Issuing Office: U.S. Army Engineer District, Jacksonville
NOTE: The term "you" and its derivatives, as used in this permit,
means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of
the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under
the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and
conditions specified below.
Project Description: The temporary construction of up to 475
floating boat slips, and the placement of approximately 200 mooring
piles. Also to include the establishment of a temporary
navigation channel in Indian Creek, marked by buoys, as shown and
described on-attached plans numbered 199031326 (IP-BP) in sheets 1-
. -
. 5 of 7, dated 8/26/97-.-..;rhis work is for the purpose of conducting
the "Miami~Qpt_Show" as'a yearly event. This permit instrument
''''----sup-ersedes Department of the Army permit number 199031326, dated
24 January 1997.
Geographic Position: Latitude 25049'22" North
Longitude 80007'20" West
Project Location: The waters of Indian Creek (an extension of
Biscayne Bay) at Miami Beach, and located in Section 23, Township
53 South, Range 42 East, Dade County, Florida. Project site is on
the west side of Collins Avenue, from 43rd Street to 51st Street.
Permit Conditions:
,
General Conditions:
1. The time limit for completing the work authorized ends on
26 January 2003. If you find that you need more time to complete
the authorized activity, submit your request for a time extension
to this office for consideration at least one month before the
above date is reached.
2. You must maintain the activity authorized by this permit in
good condition and in conformance with the terms and conditions of
this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4
below. Should you wish to cease to maintain the authorized activity
or should you desire to abandon it without a good faith transfer,
you must obtain a modification of this permit from this office,
which may require restoration of the area.
3. If you discover any previously unknown historic or
archeological remains while accomplishing the activity authorized
by this permit, you must immediately notify this office of what you
have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or
if the site is eligible for listing in the National Register of
Historic Places.
4. If you sell the property associated with this permit, you must
obtain the signature and mailing address of the new owner in the
space provided and forward a copy of the permit to this office to
validate the transfer of this authorization.
5. If a conditioned water certification has been issued for your
project, you must comply with the conditions specified in the
certification as special conditions to this permit. For your
convenience, a copy of the certification is attached if it contains
such conditions.
6. You must allow representatives from this office to inspect the
authorized activity at any time deemed necessary to ensure that it
is being or has been accomplished in accordance with the terms and
conditions of your permit.
Special Conditions:
1. Concurrent with the initiation of project construction, the
applicant shall:
(a) Implement all provisions of the "Standard Manatee
Construction Conditions" (copy attached) .
(b) Have in operation, during all construction and/or show
operation times, at least one vessel, which shall function as an
escort vessel, leading resident boat traffic safely through the
2
construction/show site. Once show vessels begin arriving and tying
up to their berthing sites, an additional vessel shall be in
operation, functioning as a water safety monitor, ensuring that
construction vessels and inbound and outbound yachts observe all
safe boating rules and regulations.
(c) Establish an 80' wide navigation channel from beginning to
end of the construction site. This channel shall be identified
with floating buoys, marked in accordance with U.S. Coast Guard
requirements.
2. All temporary pilings along the 80' wide temporary channel
shall be marked in accordance with U.S. Coast Guard regulation
reflective markings. Also the pilings at the entrance and exit of
the 80' wide navigation channel shall be equipped with electric
warning lights, operating constantly.
3. Removal of all temporary structures and associated materials
from the waters of Indian Creek shall be completed no later than 14
days following the end of the Miami Boat Show. Permittee shall
provide written verification of this removal, along with
photographic evidence, to the Corps of Engineers, Miami Regulatory
Office within 7 days of clean-up completion and/or may schedule an
onsite meeting with staff from the Miami Regulatory Office during
that time period.
4. Within 30 days of completion of this event, the permittee will
forward to the Miami Regulatory Office a report which summarizes
how they complied with the permit conditions and/or any
difficulties encountered.
5. Prior to any further event, and at least 60 days before
construction is to begin, the permittee will notify the Miami
Regulatory Office of the proposed construction and boat show
schedule to allow the Corps to make any recommendations and/or
chenges to the project.
6. See attached Specific Conditions from Florida Department of
Environmental Protection Permit Number 13-0127050-001, issued
20 January 1998, pages 5-8 (and attachments) which are incorporated
into and made a part of this permit.
,
3
~
Further Information:
1. Congressional Authorities: You have been authorized to
undertake the activity described above pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.
403) .
() Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and
Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other
Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive
privileges.
c. This permit does not authorize any injury to the property or
rights of others.
d. This permit does not authorize interference with any
existing or proposed Federal projects.
3. Limits of Federal Liability. In issuing this permit, the
Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result
of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result
of current or future activities undertaken by or on behalf of the
United States in the public interest.
c. Damages to persons, property, or to other permitted or
unpermitted activities or structures caused by the activity
authorized by this permit.
,
d. Design or construction deficiencies associated with the
permitted work.
e. Damage claims associated with any future modification,
suspension, or revocation of this permit.
4
4. Reliance on Applicant's Data: The determination of this office
that issuance of this permit is not contrary to the public interest
was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its
decision on this permit at any time the circumstances warrant.
CircUmstances that could require a reevaluation include, but are
not limited to, the following:
a. You fail to comply with the terms and conditions of this
permit.
b. The information provided by you in support of your permit
application proves to have been false, incomplete, or inaccurate
(see 4 above).
c. Significant new information surfaces which this office did
not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is
appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such
as those contained in 33 CFR 326.4 and 326.5. The referenced
enforcement procedures provide for the issuance of an
,
5
'"
administrative order requiring you comply with the terms and
conditions of your permit and for the initiation of legal action
where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as
those specified in 33 CFR 209.170) accomplish the corrective
measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for
the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the
authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a
request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and
agree to comply with the terms and conditions of this permit.
~)
'e..~s. "''''' "\
, I&~q~
/ (DAT)
This permit becomes effective when the Federal official, designated
to act for the Secretary of the Army, has signed below.
~wPo..~~
(DISTRICT ENGINEER)
fP~ JOE R. MILLER
~ Colonel, U.S. Army
District Engineer
d ~/q8
(DATE)
,
(;
(NAME -PRINTED)
(ADDRESS)
(CITY, STATE, AND ZIP CODE)
,
7
DEPARTMENT OF THE ARMY
JACKSONVII..L..E CISTRICT CORPS OF ~H("Olr-U:LRS
PO eex 4970
JACI<SOH'VIl.l.E FLORIO A .32232.0019
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JOHN F STUDT
USACE S PERMITS BR
C 0 SFWMD
PO BOX 24680
WEST PALM BEACH, FL 33416
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FIFlST -C~ss MAll
U.s. POSTAGE
PAID
JacksorwiJle, FL
Permit No. 144.2
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Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-001
Page 2.of 10
This permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as
required by Section 307 of the Coastal Management Act.
This permit also constitutes certification of compliance with water quality standards under Section 40 I of the
Clean Water Act, 33 USe. 1341.
This activity also requires a proprietary authorization, as the activity is located on sovereign submerged lands
owned by the Board of Trustees of the Internal Improvement Trust Fund, pursuant to Article X, Section II of
the Florida Constitution, and Sections 253.002 and 253.77, F.S. The activity is not exempt from the need to
obtain a proprietary authorization. The Department has the responsibility to review and take final action on
this request for proprietary authorization in accordance with Section 18-21.005]. and the operating agreements
executed between the Department and the water management rlistricts, as referenced in Chapter 62-113, F.A.e.
In addition, this proprietary authorization has been reviewed in accordance with Chapters 253.and 258 F.S.
and Sections 18-18, 18-21, and 62-343.075, F.A.e., and the policies of the Board of Trustees.
---
As staff to the Board of Trustees, the Department has reviewed the activity described above and has
determined that a lease for the use of those lands is required pursuant to Chapter 253.77, Florida Statutes.
On December 16, 1997, the Board of Trustees granted authority for the Departmentto issue a lease for
the use for the subject activity.
The final documents required to execute the lease have been sent to the Division of State Lands. Upon
satisfactory execution of those documents, the Department intends to issue the lease. You may not begin
construction of this activity on sovereign submerged lands until the lease has been executed to the
satisfaction of the Department.
A copy of this authorization also has been sent to the U.S. Army Corps of Engineers (USACOE) for
review. The USACOE may require a separate permit. Failure to obtain this authorization prior to
construction could subject you to enforcement action by that agency. You are hereby advised that
authorizations also may be required by other federal, state, and local entities. This authorization does not
relieve you from the requirements to obtain all other required permits and authorizations.
The above named permittee is hereby authorized to construct the work shown on the application and
approved drawing(s), plans, and other documents attached hereto or on file with the Department and
made a part hereof. This permit and authorization to use sovereign submerged lands is subject to the
limits, conditions, and locations of work shown in,the attached drawings, and is also subject to the
attached 19 General Conditions and 14 Specific Conditions. which are a binding part of this permit and
authorization.
You are advised to read and understand these drawings and conditions prior to commencing the
authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions,
and drawings. If you are using a contractor, the contractor also should read and understand these
drawings and conditions prior to commencing the authorized activities. Failure to comply with all
drawings and conditions shall constitute grounds for revocation of the permit and appropriate
enforcement action.
11/03/98 13:46 FAX 954 462 4140
SIIOW !IANAGEllENT
141 006
Permittee: Yachting Pramatians, Inc.
File Na.: 13-0127050-001
Page 3 9f 10
Operatian afihe facility is nat autharized except when determined to' be in canfarmance with all
applicable rules and with the general and specific canditians afthis permit/certificatian/authorizatian, as
described belaw.
GENERAL CONDmONS:
(I) All activities autharized by this permit shall be implemented as set farth in the
plans, specificatians and perfarmance criteria as appraved by this permit. ky deviatian,.~m the
permitted activity and the conditians far undertaking that activity shall constitute a vialation af this
permit and Part IV, Chaptei:373, F.S. .
(2) This permit ar a capy thereof, call!plete witli all conditianS. attachments,
exhibits, and inadificatians'shall be kept at the work site arthe permitted activity. The camplete permit
shall, be available far review. atthe wark site upo~ ~equ~t by the Dep.m:nent staff. 'Th~ ~rmittee~ball
require the cantractar to' revIew the camplete pehmt pnar to' cammenceiIrefitafthe .activlty autharlzed by
this permit.. . : , .
. (3) Activities appraved by this permit shall be conducted in a manner which dees
nat cause V:ialatiansaf state Water quality standards. The permittee shall implement best management
practices fer .erosian and :paU\lnan cantral to prevent vialation ef state water qualitY standards.
Tem~rary erasion cantrel shan be implemented priar to' and during constructian, and permanent control
measures shall be complc;~iihin 7 days af any construction activity. Turbidity barriers.shall be
installed an4:mainolinea.iIta!1:Jocations where the possibility of~ferring suspended'solids into the
receiv~g, iV~er body exists due to the permitted wark. Turbiditf~arriers shall remain in place at all
lacations until censtructian is completed and soils are stabilized@d vegetatian has been established. All
practices shall be in accordance with the guidelines and specifi~t'ians described in Chapter 6 ef the
Florida Land Development Manual; A Guide to Saund Land and Water Management (Department af
Environmental Regulatian, 1988), unless a project-specific erosion and sediment control plan is
approved as part afthe permit. Thereafter the permittee sha!f'be respansible far the remaval afthe
barriers. The permittee shall correct any erosian ar shaaling that causes adverse impacts to' the water
resources. ., ~. :
(4) The permittee shall natify the Department af the anticipated constructian start
date within 30 days afthe date that tills permit is issued. At least 48 haurs priar to commencement af
activity autharized by this pennit, the permittee shall submit to the Department an "Environmental
Resource Permit Canstructian Commencement" natice (Form NO'. 62-343.900(3), FA.C.Yindicating the
actual start date and the expected completien date. . ,
(5) When the dur:l1ien af constructian will exceed one year, the permittee shall
submit constructien status reports to the Department en an annual basis utilizing an "Annual Status
Report Farm" (Form NO'. 62-343 .900(4), F A.C.). Status Repart Forms shall be submitted the follawing
June afeach year.
(6) Within 30 days after completian ofconstructian afthe permitted activity, the
permittee shall submit a written statement af campletion and certificatian by a registered professianal
engineer or ather appropriate individual as authorized by law, utilizing the supplied "Environmental
Resa= Permit As-Buill Certificatian by a Registered Professional" (Farm NO'. 62-343.900(5), F A.C.).
The statement af campletion and certificatian shall be based an an-site abservatian of constructian ar
Permittee: Yachting Promotions, Inc.
File No.: ]3-0127050-001
Page 4 S'f 10
review of as-built drawings for the purpose of determining if the work was completed in compliance with
permitted plans and specifications. This submittal shall serve to notify the Department that the system is
ready for inspection. Additionally, if deviation from the approved drawings are discovered during the
certification process, the certification must be accompanied by a copy of the approved permit drawings
with deviations noted. Both the original and revised specifications must be clearly shown. The plans
must be clearly labeled as "as-built" or "record" drawing. All surveyed dimensions and elevations shall
be certified by a registered surveyor.
(7) The operation phase of this permit shall not become effective: until the permittee
has complied with the requirements of condition (6) above, has submitted a "Request for Transfer of
Environmental Resource Permit Construction Phase to Operation Phase" (Form No. 62-343.900(7),
F.A.C.); the Department determines the system to be in compliance with the permitted plans and
specifications; and the entity approved by the Department in accordance with Sections 9.0 and 10.0 of
the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water
Management District - August 1995, accepts responsibility for operation and maintenance of the system.
The permit shall not be transferred to such approved operation aad main'teifance entity until the operation
phase of the permit becomes effective. Following inspection and approval of the permitted system by
the Department, the permittee shall initiate transfer of the permit to the approved responsible operating
entity if different from the permittee. Until the permit is transferred pursuant to Section 62-
343.110(l)(d), F.A.C., the permittee shall be liable for compliance with the terms of the permit.
(8) Each phase or independent portion of the permitted system must be completed in
accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of
site infrastructure located within the area served by that portion or phase of the system. Each phase or
independent portion of the system must be completed in accordance with the permitted plans and permit
conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the
system to a local government or other responsible entity.
(9) For those systems that will be operated or maintained by an entity that will
require an easement or deed restriction in order to enable that entity to operate or maintain the system in
conformance with this permit, such easement or deed restriction must be recorded in the public records
and submitted to the Department along with any other final operation and maintenance documents
required by sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit
Applications Within the South Florida Water Management District - August 1995, prior to lot or unit
sales or prior to the completion of the system, whichever occurs first. Other documents concerning the
e,tablishment and authority of the operating entity must be filed with the Secretary of State where
appropriate. For those systems which are proposed to be maintained by the county or municipal entities,
final operation and maintenance documents must be received by the Department when maintenance and
operation of the system is accepted by the local government entity. Failure to submit the appropriate
final documents will result in the permittee remainmg liable for carrying out maintenance and operation
of the permitted system and any other permit conditions.
(10) Should any other regulatory agency require changes to the permitted system, the
permittee shall notify the Department in writing of the changes prior to implementation so that a
determination can be made whether a permit modification is required.
(I]) This permit does not eliminate the necessity to obtain any required federal, state,
local and special district authorizations prior to the start of any activity approved by this permit. This
permit does not convey 10 the permittee or create in the permittee any property right, or any interest in
11/03/98 13:47 FAX 954 46~ 4140
SHOW MANAGEJIENT
411 008
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-001
Page 5 9f 10
real property, nor does it authorize any entrance upon or activities on property which is not owned or
controlled by'the permittee, or convey any rights or privileges other than those specified in the permit
and Chapter 40E-4 or Chapter 40E-40, F .A.C.
(12) The permittee is hereby. advised that Section 253.77, F.S. states that a person
may not commence any excavation, construction, or other activity involving the use of sovereign or other
lands of the state, the title to which is vested in the Board 9fTrostees of the Internal Improvement Trust
Fund without obtaining the required lease, license, eascmenl, or other form of consent authorizing the
proposed use. Therefore, the permittee is responsible for obtaining any necessary anthorizations from
the Board of Trustees prior to commencing activity on sovereignty lands'or other state-oWned lands.
(13) The permittee is advised that the roles of the South Florida Water'Management
District require the permittee to obtain a water use permit from the South Florida Water Management
District prior to construction dewatering, unless the work qualifies for a general permit pursuant to
subseCtion 40E-20302(4), F.A.C., also known as the "No Notice" role.
(14) The permittee shall hold and saVe the Department harmless' from any and all
damages, claims, or liabilities which may aris,fby reason of the llOns~alteratioiI, operation,
maintenance, removal, abandonment or use of any system authorized by the permit. .
.' (15) Any !1elineation of the extent ofa wetland or other surface water submitted as
part or the permit application; including plans or other supporting documentation, shall not be considered
binding unless a specific Cj)ndition orthis permit or a.formal determination under section 373.421 (2),
F.S~ provides otherwiSe: ::.'
'" (I6) ':'. Th~ permittee shall notify the Department in writing within 30 days of any sale,
conveyan.ce, or other trJnsf:!:,of ownership or control of a permitted system or the real property on which
thepcimitted system is located. All transfers of ownership oi'.jransfers of a permit are subject to the
reqairchi';;ts of section 62-343.130, F.A.C. The permittee trwiferringthepermit shall remain liable for
corrective actions that may be required as a result of any viol1lti(ms prior to the sale, conveyance or other
transfer of the system. " ~
(17) Upon reasonable notice to the permittee, Department authorized staff with
proper identification shall have permission to enter, inspec,lo..sample and test the system to insure
conformity with the plans and specifications approved ~y ilIe permit.
(18) Ifhistorical,.Pr archaeological arti~cts are discovered at any time on the project
site, the permittee shall immediat~~~ notify the appropriate Department office.
(19) The permitt~ shall immediately notify the Department in writing of any
previously submitted information that is later discovered to be inaccurate.
SPECIFIC CONDmONS:
1. Other Authorizations. The permittee shall comply with the terms, conditions,:and provisions of
the required lease. Construction of this activity shall not commence on sovereign submerged lands, title
to which is held by the Boan! of Trustees of the Internal Improvement Trust Fund, until all required
lease documents have been executed to the satisfaction of the DepartmenL The work authorized by this
penn it shall not be conducted on any property other than that owned by the permittee, without the prior
written approval of that property owner.
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-00 I
Page 6JJf 10
2. Turbidity controls. During all operations that may degrade water quality in waters of the state, the
permittee shall ensure that turbidity controls are practiced as necessary to prevent violations of the water
quality standards outlined in Chapter 62-302, F.A.C. Any turbidity control devices used shall remain in
place until turbidity within the controlled area returns to within natural background levels.
3. Vessel Maintenance. Minor repairs and boat maintenance that will not cause or contribule to the
release of pollutants and that are performed by boat owners or qualified marine mechanics, will be
allowed. The following types of activities are prohibited within area leased by the boat show: (a) removal
of a vessels or parts of vessels from the water except under emergencies that could result in the sinking
of vessels; (b) hull cleaning or painting; and (c) the discharge oils, greases, paints, or cleaning materials.
4. Draft restrictions. All watercraft associated with the boat show shall operate only within waters of
sufficient depth so as to prevent prop dredging. The operation of watercraft within the leased area when
there is less than 12 inches aetv.~"" the lowest portion of the vessel and the,bottom of the bay is
h'b' d ~ .
pro lite. ....
5. Fueling facilities. Fueling facilities are prohibited at the authorized boat shows.
6. Restrooms. Restroom facilities shall not be installed or operated on the authorized docks. The
boat show shall be served by upland restroom s that are designed and operated in accordance with the
requirements of the appropriate state and county health agencies.
7. Sewage pumpouts. Vessel sewage pumpout facilities are prohibited at the boat shows and the
Jessee shall notify all slip occupants in writing of the availability and requirement to use the sanitary
facilities provided on the uplands. The discharge of marine toilets from vessels moored at the boat show
is prohibited.
8. Pilings. All temporary pilings shall be driven in place during installation and pulled out during
removal. The installation or removal by any other method is prohibited.
9. Manatee protection. The permittee shall comply with the attached standard manatee protection
construction conditions. The permittee shall install and maintain a manatee informational display at a
location acceptable to the Division of Marine Resources (DMR). Tne purpose of the display is to inform
the boating public of the habitat and behavior of manatees and of the dangers boats can impose on them.
The display will alert operators of vessels moored at the boat show to the harm speeding boats can cause
to manatees or to shallow grass beds. In addition, the permittee shall install and maintain DMR-:r?roved
manatee awareness signs at acceptable locations. The purpose of the signs is to warn boaters to exercise
caution when operating in waters used by manatees. The permittee shall contact DMR (3900
Commonwealth Boulevard, Mail Station 245, Tallahassee, Florida 32399-3000) for sign specification
and shall install the signs upon commencement of construction.
10. Modifications. If the permittee proposes to change the scheduled dates of operation or the
permitted design of any of the temporary docking facilities, a request to modify the permit must first be
submitted to the Submerged Lands and Environmental Resources Program in the Southeast District
______~1/03/98 13:48 FAX 954 46~ 4140
SHOll MANAGEMENT
I4i 010
Permittee: Yachting Promotions, Inc.
File No.: 13-0121050-001
Page 7 ofl0
Office in West Palm Beach. The requesl shall be submitted at least 60 days prior to the intended date of
cbange. .
The permittee may request a modification and a time extension of up to 5 years from the date of issuance
of this permit for the temporary placement of structures associated with the annual Brokerage Yacht
~~ " . ". ,
The request for modification shall include all necessary documents and ~:wings and shall show all
changes of structures or locations. The time extension shall be made in conjunction with a request to the
Division of State Lands (DSL) for approval of a 5-year lease for special30-<lay events. The DSL lease
request shall be subject to the following conditions: (a) The lessee shall resolve any problems with the
public: noticing requirements or with any riparian or affidavit issues; (b) Riparian property owners within
500 feet of this project shall be notified of any proposed slihstantive modifications to the lease area; (c)
The lessee shall comply with any future rule ame;Idments applicable. to special event leases, including
fee schedules; and (d) The special events lease sllan be subordinate to thlinParian riglits of the upland
owners.
,
r
11. Dredging
permit.
prohibition. Dredging .for barge access or for any other reason is not authorized by this
,.
. .~ .
. ,
12. "test driving v~..:~ driving of vessels (demonstration rides) associated with the boat show is
prohibited, The displayed 'Ye~ls will be secured to the docks for the term of the boat show.
. '. - ~ .
.' ~~
'" . .f '.~
13. Trash removaL The permittee shall remove all trasband.oil residue from the waters within the
boat show before, during, and after the boat show in accorclaJice~th all applicable federal, state and
local regulations. · .l
14. Water Quality. Walt:: qualil}' testing is required as d~OM )>elow. This testing shall be clone
betweat!be hours of 7:30am and 8:30am on February 13, l~~ aiid FcbtuaIy 16, 1998.
Please collect triplicalC (field replicalcs)~ quali1y samples (ex.;:1;rt samples far dissolved oxygen
(D.O.) and colifoIlD bacteria) from thestlitioDS shown on the attached map at the indicated depths, analy2c each
replicate individually, and report each or-the replicate values individually for the parameters listed below.
All measurements and analyses for each parameter must be made using approved methodS with a method
detection limit (MDL) and practical quantification limit (PQL) below the water quality standard for the parameter as
listed in Rule 62-302, F.A.C.
The lab performing the analyses should be provided with a list of the waJcr quaIil}' standards for the
paramelCI'S to be analyzed. The lab should be instructed to fortify metal samples at approximately I to 2 times the
waJcr quality standard. In cases wbere use of a method with a PQL higher than the water quality standard bas been
approved, the samples for that analyte should be fortified at approximately 2 to 5 times the PQL.
Penninee: Yachting Promotions, Inc.
File No.: 13-0127050-00 I
Page 8 Df 10
Parameter
Dissolved Oxygen (mgll)
(Diel samples taken at
4 hour intervals througb
a 24 hour period)
TP (mgll)
(Any method with a PQL
less than 0.04 mgll)
TN (mgll)
(Any method with a PQL
less than 0.3 mgll)
Oil and Grease (mgll)
(Any method with a PQL less than 5 mgll)
Fecal and total coliform
(MPN or l\i[f) (I sample per day
for 10 clays in a 30 day period)
total arsenic (l'gIl)
(EP A Method 206.2, 206.3 or 200.8)
cadmium u.gIl)
(EPA Method 213.2 or 200.8)
total chromium u.gIl)
(In freshwater only)
(EP A Method 218.2 or 200.8)
copper (l'gIl)
(In saltwater an MIBK extraction is necessary;
EP A Method 220.2 is recemrnended)
zinc (l'gIl)
(In saltwater EPA Method 289.1 or 200.8)
Specific Conductivity (I'mhos/cm)
Polycyclic Aromatic Hydrocarbons
lotal (l'gIl)
Depth
1 ft. below surface, mid-
depth
and ) ft. above hottom
surface, mid-depth
and I ft. above bottom
surface, mid-depth
and I ft. abqve bottom
~
surface
surface
1 ft. above bottom
1 ft. above bottom
1 ft. above bottom
I ft. above bottom
I ft. above bottom
1 ft. below.surface, mid-depth
and I ft. above bottom
surface
11/03/98 13:49 FAX 954 462 4140
SHOW llANAGEMENT
@012
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-001
Page 9 of 10
IS. Reporting. The applicant shall provide to the Depanment, within one month of the clnse nfthe boat show, a
report addressing the navigational conditions, safety Ieljuirements, and eb:mnel restriction conditions imposed by
local, county, and'federal regulatory agencies. It is the intentnfthis condition to ensUre safe boating conditions for
rowers and other boaters utilizing lhe Indian Creek Waterway during lhe operaJion of.lhe boat show. Iflhe report
shows, or if allegations are made about unsafe conditions for roWct; and boaters, lhe applicaiJt, tgencies, and
affected parties shall meet together to resolve the .allegations. .
"'- ',.. ":.
Rigb~ o~ Affec~ed.p~~~
, ; c. ..... ...., ::':. .~. '. ...,
Any party to lhis order (permit) has the right to seek judicial review oflhe permit under section 120.68 oflhe
Florida Statutes, by the filing ofa Notice of Appeal under rule 9.110 of the Florida Rules of Appellate ~edure,
wilh lhe Clerl< oflhe Deparanent of Environmental Protection, Office of General Counse~ Mail Station 35, 3900
Comnionweallh Boulevard, Tallan,..-, Florida 32399-3000 and by fUing a copy oflhe notiCJ' of appeal
accompanied by lhe applicable filing i.x:. with lhe apPropnatedistrict court .of appeal. The notice .of appeal must be
fUed within thirty days after lhis notice is filed wilh lhe'Clerk oflhe Departmen~'" .
. . ," "
. . '. ~
Execmcd in West Palm Beach, Flori&.
. .
~ .:~. .
'"
. .
STATE OF FLORIDA DEPARTMENT
~~~/20/fF
/Carlos Rivero-J!~gllilar .bate
Director ofDisttiCl Managem t
Southeast District i
'.
.; .
~-\t~~~t .
..i'
. -". ..:..;.~.
~:: 7: 0' .
~.iD
CDR\mcNeo
-:.""tJl!
Copies furnished to:
.-
,.
~-:
DEP. Office of General Counsel
DERM-Joanne Clingerman
~&ginecrs>:
DSL - Pam Gemrd
Florida Marine Patrol
Division of Marine Resourees, 3900 Commonwealth Blvd., MS 245, Tallahassee
Mark: Derr '
Michael A. KuteH M.D.
Joe Q'Conilor
Robert J. Wright
"
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-00 I
Page IQ of 10
CERTITICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and authorization to use
sovereign submerged lands and all copies were mailed before the close of business onJAll 2 0 1998, to the
above listed persons.
FILING At'ID ACKNOWLEDGMENT
.-:-->-
-.
FILED, on this date, pursuant to 120.52(9),
Florida Statutes, with the designated Department Clerk,
receipt of which is hereby acknowledged.
c(.~\'-~~&
Clerk
JAM 2 0 1998
Date
to.
Prepared by Larry O'Donnell
_ pages attached.
11/03/9::'
13: 49 FAX 954 46:2 4140 ::;:iDW ~L\:;:\GD;E\T
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SCALE OF MILES
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en
BROKERAGE YACHT SHOW
COMMENCEMENT SCHEDULE
Dock Installation January 26 - February 5, 1998
Move-In Boats February 6 - 11, 1998
Show Oates February 12 - 16, 1998
Move-Out Boats February 17 - 19, 1998
Dock Removal February 16 - 22, 1998
,
USARMYCORPSOFENG~ERS
Pennil No.: 199 (1311 2. '"
Page~ of~
Dale: A I ZI., I elj
11/03/98 13:55 FAX 954 462 4140
SHOW lIANAGEIlENT
J7.w
."-- -- '" _.___.,___u._ management, inc. ---- - --"- -
1115 Northeast 9th Avenue, Fort Lauderdale, Florida 33304
(954) 764:7642' (800) 940-7642' Fax (954) 462-4140 . E-mail: ItIboatshoChol.com
@020/032
.
. .'
.' .
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s
2rekerage Yacht Shew
rive-Year Ca~endar
,'.' r'o'
"
,oj<':
,
'98
'99
2000
2001
....
2002 ,.
.FebruarY
~ .Feb~ary
'.February
,February
February
f,';
..~:. :.:;
12"'16, 1998
11';;15,:1999
17-21, 2000
15-19, 2001
14,":'18, 2002
$ ~-
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us ARMY CORPS OF ENGINEERS
PcnnitNo.: ''1'10'3132.1<"
Page 3..- of .::!.-
Date: 8 , '2 '" I r1 ;
YACHTING PROMOTIONS-GULf,INC.
eo.. Show UanagINNnl
SHOW MANAGEMeNT CONVENTION SERVICES
Public and TracN Show EdMbil SCnftccS
SHOW MANAGEMENT CONCESSIONS
Event fOOCl ano Beverage S~
SHOW MANAGEMENT ELECTRIC
Corwe"" 4 -::IN: ~c.
YACHTING PROIIIOTIONS, INC.
ao.a Show ManagelM"I
Awaiting Copy of Dade County Resolution
which was adopted on January 13, 1998
Exhibit 5
-_.-
-- ----
Awaiting
Florida Department of
Environmental Protection
approval which must be submitted prior to
issuance of Building Permit
for Temporary Docks
,
Exhibit 6
Awaiting
Florida Department of Transportation
approval which must be submitted prior to
issuance of Building Permit
for Temporary Docks
,
Exhibit 7
,
"
Awaiting
U.S. Coast Guard
approval which must be submited prior
to the issuance of a Building Permit
for T emprary Docks
,
Exhibit 8