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98-22956 RESO RESOLUTION NO: 98-22956 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 26, 1999, THROUGH FEBRUARY 26, 1999. 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 Avenue, for the placement of floating docks for the purpose of docking and mooring used yachts and other used vessels during an event entitled, "The Brokerage Yacht Show", for the period of January 26, 1999, through February 26, 1999; and WHEREAS, the Administration recommends authorizing and execution of the attached short-term Lease (Agreement), for the aforementioned period of time; and this use, Agreement WHEREAS, The City'S Marine Authority reviewed the plans for the use authorized under the Agreement, at its meeting on July 7, 1998, 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 September 17, 1998, and approved Yachting Promotions, Inc., 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 26, 1999, through February 26, 1999, for the purpose of docking and mooring used yachts and other used vessels during the "Brokerage Yacht Show" event. PASSED AND ADOPTED THIS 4th day of November, 1998. ,~" ',' ~/// MAYOR Attest: ~o bv Pct1~ CITY CLERK SR:MDB:JD:rd T:\AGENDA\NOV0498\CONSENT\YACHRES.MDB 10/20/98 APPROVED AS 1'0 FORM & LANGUAGE & FOR EXECUTION 4Jft~ ityAttomey ~ ;ITY OF MIAMI BEACH TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 .p:\\ci.miami-beach.f1. us COMMISSION MEMORANDUM NO./l..{ 1..0 ,C} 'd TO: Mayor Neisen Kasdin and Members of the City Commission Sergio Rodriguez M City Manager <if' (:It.. DATE: November 4,1998 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 I 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 26, 1999, THROUGH FEBRUARY 26, 1999. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. BACKGROUND: 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. YPI'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 1998 Yacht Brokerage Show from January 26, 1999, through February 26, 1999, as listed below: Dock Set-up Move-in of Boats Show Dates Move-out Break-down January 26, through February 5, 1999 February 6, through February 11, 1999 February 12, through February 16, 1999 February 17, through February 19, 1999 February 16, through February 22, 1999 continued. . . AGENDA ITEM {L. 1 A c;/ DATE l\-+9.D :999 YACHT BROKERAGE SHOW Page -2- November 4, 1998 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 for the 1994, 1995, and 1996 show dates. In 1996, and in 1997, the YPI requested and the Administration recommended that permission be granted for the respective show dates. The City Commission concurred in each case and adopted Resolutions No. 97-22258 and 98-22644, respectively approving same. The following schedule details the fees paid to the City by YPI from 1994 through the present. Show 1994 1995 1996 1997 1998 1999 Year (proposed) ~ $10,200.00 $10,710.00 $11,245.50 $18,309.00 $20,140.00 $22,154.00 ANALYSIS: The request by YPI for use of the premises during the 1999 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). As a result of the 1998 Show, the Administration met immediately thereafter to review both the positive and negative aspects of that Show and to provide recommendations (see Exhibit B) for the 1999 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 of the 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. continued. . . 1999 YACHT BROKERAGE SHOW Page 3 November 4, 1998 · To use and maintain the existing restroom facilities on the 46th Street Parking Lot for the shows patrons from January 26, 1998 through February 22,1998, in addition to the portable units ("crowd pleasers"), which 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 1/26-2/5 2/6-2/11 2/12-2/16 2/17-2/19 2/16-2/22 POLICE 2 2 Minimum 4 officers 2 to 5 2 officers DEPT. (Straight 1 supervisor officers Shifts) 1 Supervisor MARINE 1 off/ 1 boat 2 off/1 boat 2 Off/ Day 1: 1 Off/1 Boat PATROL 1 boat 6 Off/3 Boats & Other Days: BOATS 2 Off/ 1 Boat FIRE 1 Insp 1 Insp 1 Insp 1 Insp 1 Insp DEPT. 1 EMT 1 EMT 1 EMT 1 EMT 1 EMT . To lease private property at the former St. Francis Hospital site from which to unload, launch, and load the floating docks that will be used, thereby eliminating the need to obstruct the sidewalk on Collins Avenue with a crane. · To refrain from parking any vehicles on the west side of Collins Avenue, except during loading and unloading of dock construction materials and those providing support materials on a continuous basis. · To provide a Performance Bond or Cashiers Check in the amount of $5,000 as security for faithful performance of, and conformance to, the provisions of the Lease Agreement. · To restore all out-lots within the show's boundaries within one (1) week of last move-out date. . To provide a shuttle service for the show's patrons which will incl ude buses which run every 15 minutes, and begin said service one hour before, and end one hour after the show's hours of operation. continued. . . 1999 YACHT BROKERAGE SHOW Page 4 November 4, 1998 . To provide electronic signs which will inform the public of bridge openings during the move-in and move-out dates, and provide parking information during the show dates: one on the 6400 block of Indian Creek Drive for south bound traffic. two at key roadway intersections (including the 41st Street area), pursuant to the Planning Board I s Order, and as determined by the City. one at a location to be determined by the City. . To arrange and pay for the Miami Beach Marine Patrol and Indian Creek Marine Patrol to provide patrol boats and staff during the set-up/move-in, show, and move-out/break-down days to monitor the rowing club and other marine traffic as it moves through the channel. · 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 One Office Trailer 21'wide by 55'long One Restroom Trailer 21'wide by 55'long Four 8 yard, or One 20/30 yard dumpster Four Service Vehicles (Vans/Pick-up Trucks) Two Motor Homes (Office & Security) 7 spaces 7 spaces 7 spaces 6 spaces 4 spaces 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 $1,000,000 per occurrence Workers' Compensation coverage including United States Longshoremen and Harborworker's and Jones Act coverage. · Subject to U.S. Coast Guard approval, operation 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 5: 00 PM and 7: 00 PM, the openings shall be limited to one per hour. · The Lessee has agreed to conform and abide by the conditions imposed by the Planning Board on September 17, 1998, pursuant to the Amended and Restated Conditional Use Permit, File No.1354, and by the recommendations made by the Marine Authority on July 7, 1998 (Exhibits 1 and 2, respectively). continued. . . 1999 YACHT BROKERAGE SHOW Page 5 November 4, 1998 Furthermore, Yachting Promotion, Inc. has appeared before, and received approval and/or positive recommendations from, the following authorities: - Miami Beach Planning Board - Miami Beach Marine Authority - Miami-Dade County D.E.R.M. - Army Corps of Engineers - Miami-Dade County Commission 9/17/98 7/7/98 1/28/98 1/28/98 1/13/98 (Exhibit 1) (Exhibi t 2) (Exhibit 3) (Exhibit 4) (Exhibit 5) and is pending final approvals, which must be to the issuance of a Building Permit from the following authorities: Florida D.E.P (expected Florida D.G.T. (expected - u. S. Coast Guard (expected obtained prior City, from the prior to 1/5/99) prior to 1/5/99) prior to 1/5/99) (Exhibit 6) (Exhibit 7) (Exhibi t 8) CONCLUSION: 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-Two Thousand One Hundred Fifty-four Dollars ($22,154) 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 YPI. SR:~:JD:rd attachments T:\AGENDA\NOV0498\CONSENT\YACHTMEM.MDB 10/21/98 ~ - Fe; I ~ITY OF MIAMI BEACH D CI~ ~ALL 1700 CONV~NTION CENTER DRIVE MIAMI BEACH, FLORIDA 331~ c: C E \ \! C http. .\c,.mlaml-beach.fl.u., ,..~ c.. '.. . _......,.~ "f ,.\..\ ..., v . '.J \' \ t. ~ \ \ \ \ \ ~".~ L.T.C. No. 160-1998 LETTER TO COMMISSION November 18, 1998 TO: Mayor Neisen O. Kasdin and Members of the City Co mission FROM: Sergio Rodriguez City Manager SUBJECT: 63RD STREET BRIDGE OPENING DURING 1999 YACHT BROKERAGE SHOW On November 9, 1998 you received a copy of a letter from Mayra Diaz Buttacavoli to J.W. Winslow, Chief of Bridge Section, U.S. Coast Guard, regarding the Commission's directive from its November 4, 1998 Commission meeting to request limiting the length of time of bridge openings during the Boat Show (attached). We have received the response from J.W. Winslow, dated November 13, 1998, and it is attached for your review. If any further information is needed regarding this issue, please either contact me or Mayra Diaz Buttacavoli. Thank you. SRJ_ :lcd Attachments c: Janet Gavarrete (w/ attachments) Christina M. Cuervo (w/ attachments) Richard Barreto (w/ attachments) Julio Grave de Peralta (w/ attachments) Jackie Gonzalez (w/ attachments) Joe Damien (w/ attachments) F.\CMGR\$ALL\COMMEMO.98\BOA TBRID. TME U.S. Departmen~. of Transportation .f!j United States Coast Guard Commander Sevenlh Coasl Guard Oistricl 909 S. E. Firsl Avenue Miami, FI 33131 Slaff Symbol: (oan) Phone: (305) 536-5621 FAX: (305) 530-7655 ( . ~ r . , j; i ,,_. '- -i 16593/2362 Serial: 0572 November 13, 1998 Ms. Mayra Diaz Buttacavoli Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Dear Ms. Buttacavoli: This is in response to your letter of November 9, 1998, requesting authorization to limit each drawbridge opening to five minutes on the 63rd Street drawbridge across Indian Creek, mile 4.0, Miami Beach, Dade County, Florida. This request was made to accommodate the flow of vehicular traffic during the 1999 Yacht Brokerage Show. The Federal Regulations (33 CFR 117) governing the operation of drawbridges does not allow us to authorize a limitation on the length of a draw opening. A drawbridge must open promptly and fully for the passage of vessels when a vessel request is received by the drawbridge tender. Once the draw is in the open position, all vessel traffic, especially those accumulated at the bridge, must be passed through the drawbridge' before the draw closes. The only exception is closure of the draw when a tender is informed by a reliable source that an emergency vehicle is due to cross the draw. You may desire to reroute the Yacht Brokerage Show vehicular traffic away from this drawbridge by the use of detour signs. Other east-west routes such as Arthur Godfrey Road, Dade Boulevard (23rd Street), 71 st Street, and 96th Street (Broad Causeway) intersect with Collins Avenue. If you have any questions about this matter, please contact Mr. Brodie Rich at (305) 536-5117. Sincerely, / / ./ d~~::L~' ( /f'C~h~ief, Bridge Section , Aids to Navigation and Waterways Management Branch Seventh Coast Guard District By direction of the District Commander Copy: Coast Guard Marine Safety Office; Attn: CWO Marc DeJesus Fla Dept of Transportation; Attn: Mr. Gabriel Romanach CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH FLORIDA 33139 http:\\cl.miami-beach.fl.us OFFICE OF THE CITY MANAGER Telephone (305) 873-7010 Facsimile (305) 873-7782 November 9, 1998 l.W. Winslow Chief of Bridge Section, U.S. Coast Guard, Seventh District Aids to Navigation and Waterways Management Branch 909 S.E. 1 st Avenue Miami, Florida 33l3l 16592/2632 Serial: 039 Subject: 63rd Street Bridge Opening During 1999 Yacht Brokerage Show Dear Chief Winslow: I would like to thank you for your continued cooperation and assistance with the annual Yacht Brokerage Show (Show). I want to assure you that the City of Miami Beach (City) is well aware of your involvement and is appreciative of your support with regard to this event. On November 4, 1998, the City of Miami Beach Commission granted final approval for the 1999 Show, subject to the conditions imposed by the U.S Coast Guard, Miami Beach Planning Board, Miami Beach Marine Authority, Miami-Dade County D.E.R.M., U.S. Army Corps of Engineers, Miami-Dade County Commission, Florida Department of Environmental Protection, and Florida Department of Transportation. As you may know this Show, in conjunction with the National Marine Manufacturers Association ( NMMA) Boat Show which takes place during the same time, draws a tremendous number of patrons to our City. Coupled with an estimated 100,000 City residents, the increase in vehicular traffic in the area is substantial, to say the least. In light of the foregoing, the City considers that limiting the length of bridge openings during this time is essential to keeping vehicular traffic flowing in the vicinity of the Show and throughout the rest of the City. As such, the City respectfully seeks your consideration in limiting each opening of 63rd Street Bridge, to no more than five (5) minutes, during the Show dates. Particularly, during peak vehicular traffic periods. Your consideration with regards to this matter will be greatly appreciated, and I thank you in advance for your cooperation and response to this request. Respectfull y, ~<-P.~ Mayra Diaz Buttacavoli Assistant City Manager MDB:JD:rd c: Mayor and :Y1embers of the City Commission Sergio Rodriguez, City Manager Jose Damien, Asset Manager F:\DDHP\$ALL\ASSET\ Y ACHTSHO\ 1999\COAST.BRl 11/9/98 LEASE AGREEMENT F~: c: (~t- r~ ~~. 90 DEe in f:i: !: 27 THIS AGREEMENT, made on the 4th day Of'im~EUnberl 1998:'r);j~ and between the CITY OF MIAMI BEACH, Floridal\l.{;e:i.ty), and' Y':A:CHTING 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 26, 1999 to February 26, 1999; and WHEREAS, the Marine Authority of the City of Miami Beach, at its meeting of July 7, 1998, 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 September 17, 1998, 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 ~ ...... 1 held from January 26, 1999, through February 26, 1999, entitled the "Yacht Brokerage Show" for the sale of used boats only, and for no other purpose whatsoever. The docks and vessels which are contemplated to be situated on the Demised Premises are more particularly described in Exhibit "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 URM The Lessee shall have the use of the Demised Premises commencing at 12:01 A.M. on January 26,1999, and ending at midnight on February 26, 1999; 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 Fourteen Thousand Two Hundred Twelve Dollars ($14,212.00), payable 50% upon execution~f this Lease by the Lessee, and 50% on, or before January 26, 19~. In the event that Lessee has not secured all required permits and approvals by January 26, 1999, 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 26, 1999, there shall be no refund. ARTICLE IV RENT FOR OUT-LOTS The Lessee shall pay to the City a rent of Seven Thousand Nine Hundred Forty Two Dollars ($7,942.00), payable 50% upon execution of this Lease by the Lessee, and 50% on or before January 26, 1999, ~ ...... 2 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 26, 1999, 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 26, 1999, there shall be no refund. ARTICLE V PERFORMANCE BOND The Lessee shall provide to the City a Performance Bond in the amount of Five Thousand Dollars ($5,OOO.OO) 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 ~ ..... 3 Lessee, ~nd 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. 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 7, 1998, 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. The Lessee agrees to conform with all conditions outlined in the Conditional Use per.mit, File No. 1354, that was approved by the Planning Board during the publ ic hearing held on September 17, 1998, and attached and incorporated as Exhibit "1" hereto. Furthermore the City and the Lessee agree to the following: 1. 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. m ...... 4 2. Subject to the approval of the City's Department, a temporary banner may Demised Premises. Planning and Zoning be erected on the 3. Parking on the curb, or any other unauthorized location shall be strictly prohibited, except during the actual 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. 4. 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 1/26-2/5 2/6-2/11 2/12-2/16 2/17-2/19 2/16-2/22 POLICE 2 2 Minimum 4 officers 2 to 5 2 officers DEPT. (Straight 1 supervisor officers Shifts) 1 Supervisor MARINE 1 off/ 1 boat 2 off/1 boat 2 Off/ Day 1: 1 Off/1 Boat PATROL 1 boat 6 Off/3 Boats & Other Days: BOATS 2 Off/ 1 Boat FIRE 1 Insp 1 Insp 1 Insp 1 Insp 1 Insp DEPT. 1 EMT 1 EMT 1 EMT 1 EMT 1 EMT 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) two at key roadway intersections (including the 41st Street area) as provided in the attached Conditional Use Permit, and as determined by the City c) one at a location determined 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 m ..... 5 7: 0_0 AM and 9: 00 AM, and between 5: 00 PM and 7: 00 PM, the openings shall be limited to one 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 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. m ~ 6 10. Th~ 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) 1 officer on Washington Avenue on February 12th, 13th, 14th, 15th, and 16th, 1998 to assist with shuttle bus operations b) 1 motorcycle officer to monitor traffic on the 63rd Street Bridge on February 17, 1998 (the first move-out day) 13. The Lessee agrees to lease private property from which to unload, launch, and load the floating docks that will be used, thereby eliminating the need to obstruct the sidewalk on Collins Avenue with a crane 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. 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. 1354 (9/17/98) (Exhibit 1) b) Miami Beach Marine Authority Recommendation (July 7, 1998) (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) m ...... 7 e) _Miami-Dade County Commission Approval Resolution No. (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* (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, 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 liability, General in the Liability, amount of including contractual One Million Dollars m ..... 8 _($1,000,000.00) 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 evidencing the above coverage and approved by Risk Manager prior to the Commencement of this submitted the City's 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, assign, transfer, mortgage, pledge, or dispose of this Lease for the term hereof without the prior written consent of the City. ARTICLE XII NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved on the Demised Premises shall be at the risk of the Lessee or the owner thereof. The City shall not be liable to the Lessee for any damage to said personal property. 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. m ...... 9 ARTICLE XIV TERMINATION OF LEASE 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 ter.m, 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. ARTICLE XVI PEACEFUL POSSESSION Subject to the terms, the City agrees that Lessee enjoy the Premises without conditions and covenants of the Lease, shall and may peacefully have, hold and hindrances or molestation by the City. m ..... 10 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 ($5000). 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 m ..... 11 the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. IN WITNESS WHEREOF, the parties have hereunto executed this Lease for the purposes herein expressed the days and years first above written. ATTEST: CITY OF MIAMI BEACH cr~t ~CVt-cL- ~d bU MAYOR In the presence of: YACHTING PROMOTIONS, INC. ~7 t!L 7 fy ,. / (~c~ ~ {)4JJI.: qeCretary / '--- /',,/'l} #~l__ President -- m ...... T:\AGENDA\NOV0498\CONSENT\YACHTAGR.MDB 10/29/98 APPROVED AS TO FORM & LANGUAGE & fOR EXECUTION 1/f..;~ ity Attorney f:J!~ Date 12 BEFORE THE PLANNING BOARD OF THE CITY OF MIAMI BEACH, FLORIDA INRE: The Application of YACHTING PROMOTIONS INC. CONDITIONAL USE PERMIT File No.: 1354 On the 21 st day of July, 1998, the applicant, Yachting Promotions Inc., filed an application with the Director of Planning and Zoning for a Conditional Use Permit pursuant to Section 118-193 of the Land Development Regulations of the Code of the City of Miami Beach, Florida. The Miami Beach Planning Board held a public hearing on September 17, 1998 and voted to approve the following: REQUEST: The Applicant, Yachting Promotions Inc., Requests Conditional Use Approval for the Installation of Temporary Floating Docks and Pilings Adjacent to the Existing Seawall of the Indian Creek Waterway at 4121 Through 4211 Indian Creek Drive and 4300 Through 5001 Collins Avenue for the Display and Sale of Pleasure Yachts During the Brokerage Yacht Show. ADDRESS: - 4333 Collins Avenue - Charles Group Hotels 4441 Collins Avenue - Fountainbleau Hilton 5425 Collins Avenue - Eden Roc 4601 Collins Avenue - City of Miami Beach Parking Lot 4747 Collins Avenue - Torsten Reineck ~. 4775 Collins Avenue - New Florida Properties 4883 Collins Avenue - Westin Hotel 4925 Collins Avenue - The Executive 5001 Collins Avenue - Carriage Club South LEGAL DESCRIPTION: 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 CORPORA nONS 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 36, 38 and 40, AMENDED MAP, TIlE 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 Exhibit 1 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 SUBDIVISION; 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; thence South 6'29'34" West, a distance of 747.58 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 of 396.67 feet; thence North 04'04'14" East, a distance of 375.18 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 of 298.61 feet; thence North 00'52'09" East, a distance of 231.41 feet; thence North 09'14'37" West, a distance of228.15 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 of 650.13 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 11 '50'0 1 " 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. 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 property upon which the application was made. The Board finds that the property in question is located in the WD-1 Waterway District No.1. The Board further finds, based upon the evidence, testimony, information and documentation presented at the public hearing, the staff report, inclusive of the staff recommendations, all of which are incorporated herein: 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; 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, by the Board, that a Conditional Use Permit as requested and set forth above be granted, upon the following conditions that the applicant has agreed to: 1. The request is hereby approved for the 1999 Boat Show event only which shall be open February 11-15, 1999. 2. This approval is granted to Yachting Promotions, Inc., only, as operator; any change in the operator of the subject temporary docks shall nQ1 be permitted. Any change in operator shall be consider 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 A venue, 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 5001 Collins Avenue, 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 & Zoning Director. The navigatible channel for the 1999 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 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 63rd Street 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 draw 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 how:s. 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 requiremenf. 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 11-15, 1999 and shall only arrive during set-up and depart during break-down of the event at high tide. The applicant shall 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 Sub-section 7-9B of the Zoning Ordinance 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 Division by March 2, 1999 to be presented to the Board at its regularly scheduled meeting March, 1999. 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 apart of the above required progress report, a written response from DERM confirming that this requirement has been met. 22. A Conditional Use Permit which lists the aforementioned conditions shall be recorded in the Public Records of Dade County at the expense of the applicant. 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 shall build in accordance with the plans submitted as part of this file and as approved by the Planning Board with any applicable modifications. The applicant shall take all necessary steps to have a building permit issued by the City within a period of six (6) months from the date of the public hearing, and the work completed within two (2) years from the date of the public hearing, otherwise this order shall become null and void, unless the issuance of such permit is stayed by an appeal of this Order to a court of competent jurisdiction. 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 this ~ day of ()~ ,1998. STATE OF FLORIDA) )SS COUNTY OF DADE ). The foregoing instrument was acknowledged before me this 2 r r1! day of (!J0;O/J (1'"/(< 1998, by .b q,J I. C"A Nt,;J) ::r t<, ,who is personally known .!\> me as the Director of - My commission expires: -CItIrALr;S A. T/rFr NOTARYPUBLIC STATEOFFLORlDA (type, print or stamp name) Approved as to form: ~ '" t l.-~ "'6 OFFICE THE CI Y ATTORNEY (InItials/date) F:\PLAN\$PLB\SEPl\BOA T 13 54\1 354CU .98 z - r ~ , N ~ S 0 t>.. 0 ~ ~ . ~ ;; E- o. 1.:1 1.:1 Q , :I: ~ Ul Q S Z ~ ~ ~E- s:~ P::~ ::JW oo~ -< tt:: Q~ . Z::>~ j 0- Ul. t')Ul It')~ ,..... r:l. [::: ~ -0 ~ ti~ .... ~tt:: \..J 0 r:l. p:: E- t.:l .Z r_., t')- ..... CII E- ~ zG ~ ~~ ~ ~C:: rn Ul~ Z -< r_., ",,8 """'"' ztt:: rn >=3 O....:it>.. ~ . '" 1.:1>- ~ wE- ~ tt::Z ....... u::> ~ z8 '" :51.:1 ~ 00 z< -0 ~t>.. <0 ...... Z u~ ~~ p"'0- 00< I ! = II'!!. 1 ,-i f -ii ! ~ , no.. I"til", I h.lthilJ ii~jii;~ ;, :111 ~I I I .. i dill k:~1I n I i Ir:ilnlllll,.!! ~ ! ;j~itj!Ui!o ~~e~~~ f IUB!!= ~ < Wu _" g Ul I~ 00 ~J W E- o tt:: E- o Z /' . J. j - .fit I ~ J I II ! tt'Hd 9 I mil 1tl'111 J!i 1"11 I III!,II& II' I!l ,1!f'JI it !.P. hlU,id ~~ I: "'1 il I !i;rh~~jj ~ ji!J~:1 " i . It I ilJ, lij!~ I : fHJi~i jH: :nli!h!!MiJ~p,~~! J ~ - a-., 11~, 5jlJ'fI11t~UI!fIII1 J - z !h:;~ i!liU~Hljf!idi!bll!fl~iJ i : ~ ~i~l ~ll!!m9!~!m~illi! j . ~ t!IJliIJ ~ii!t ~!!~I~JIJ1!::~!IJ~:~.i ! :i 11-.'1 ,,,II:l~~d'il'IJ!iilta .'I",IJ ~ jf}lrl' '1'!'UyJj ~!j.;' s"!! 'Ill- -' ~jifi11rtif:J!J~Ht;~J~J!~~JI II 1/1 '1~11'.fii!jljll ~IJs'Ji~!j~dll.1 It Ji iJ~llfJ ~Ulll~~iWJiJJ:hi;U~~n J~ .:u 'I =.1' o z ~ ;; z o ~ > - o m ~ Exhibit A ". I I w I ::>1 z : .~~: ~~ ~~~ - I ; -J 9 -J o U ~- w \ ~;~ I ~ ffi" ~! w ~;! > :S ~ .- ~ :~ " . :UlIII&~ ~ I i V1m;~ ~ Z :. I ~ a - a:- --.J Ii ~ ~ -' :. 9 : ~~ m'~"-'- ; . . . - . . . , ! . I , IJ} I . ,If t~11l1 ,iI ;~I IU1 ' iliiii Ul a....' In f IIInl :q!fHIDI I n.s !UI , !II! i 11l1li ... " o I ..., I <C en I.. I " , ~ ! i i Page 1 of 2 N ~ o N f- C1l C1l ::c (/) ~f- ~~ O::N :::>: CI)~ < c:: Cl:i Z f- . -< ~~ 0- (/) ~ C'")rn l()Z o ,.... (l, ~ ....... -0 rz:I 1;5::2 r'" ~~ ~o(l, 0:: f-" r_., -z ~ C'")- ~ N~ ..-:::t zu rn 0< ~ e::>- :::> ~ 0: ~ 00 (/)0 ~ Zr:.. -< . r_., Q" ~ ,,- 00 Zc:: o ~~ p.,. ~ ~ ~ r.:If- ~c::Z :::> u 5 p.,. ~ ~ ~o ~ -C3 <~ ....... Z Usa rz:I!i: ~a: 00< I ! :I,h I I~~ i-I .f ~ . II --. c=- , ~\ . ~ \' ~ , I J' ,if \ ~ ~ ~ >. - . :, -~ - . pI ' -J! II f iii-i' l' ; IliIIl 11 - .... . tIft r liiii;i I lj f ...., l~ lUlU Ii"! (111111 I p!S ! 11111' I ~ ,m unl I :~ ~) ~ ~ ~ Z ...J I z ...J ~ I - 0 '" ~ - > () . .. !i ::> ;. 0 - '" . - ! > .. . ::> '" ! ;. 0 . - Ii , . ~ I \ w 0 % .. . \ '" !i ~ I 0 v 0 % . v Ii ~ w m . z Ii ~ 2 t ,.rdl" ..,; - _. I / W ,69, 76 ~....... ~~! ....'f . g~~ x - [I .,.r I , , ~t..\.. ~~. 15..i ~ ,'i 1 - E E ~...C R h [] I .~~ - .- I ~ '~y -: - t . [I ./ U I' ' II J II I ,q . ~~ ,q - · - . v'" ~ -~ R - . t. 1:1> '4~. I' ., r i" ~... III I.. ~..J....?! ~ ~ lr l' I, I~ , ',,- " ~tt..', .. -~-=-- I -- 1 I '/. / '/. ////,,, ~//.... W/II'A%0 ~ .,' ~ ~: lc S T T .2 r 11 . ...~ .- , ..,...,..' ,": .- -. - -:...,.... ~. ..... ...".; , , \:,"1" H .~r . .,.,; . - .1M!: .... tI "0 U ,.. - L- 0 T S N U ,-- t. .:0.... ~"'''''~~, "V-.,:",,,,-,,- '..; ~'-~~.... ~ ' l..O r $ LCr . \,D'T t lOT I a \,D'T11 LOT I NDE:O PLAT OF THE INO ~ OUT LOTS (approximately 9,000 Sq. Ft.) Exhibit B I ."'~ .,,~ 1/ LDT IJ c < r- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 Code Compliance Department lVIARINE AUTHORITY 7-7-98 Code Compliance (305) 673-7555 Attendance: Keith Hartley Ira Nausbaum Stuard Reed Bruce Songdahl Capt. Andreano Rhonda Montoya Nestor Oliveira Buck Jones Dane Graziano Paul Curry Scarlett Molina-Urrego Marine Authority Marine Authority Marine Authority Marine Patrol Beach Patrol City Attorney Code Compliance Supervisor Marine Inspector Brokers Yacht Show Brokers Yacht Show Secretary Old Business: Election of Chairperson. Postponed until special August meeting. Motion by Ira Nausbaum to postpone election. Seconded by Stuart Reed. New Business: Dane Graziano and Paul Curry came before the board for approval for 1999 Brokerage Yacht Show. Keith Hartley raised concerns about 1998 show. Some boats dumped their holds in the creek. Dan Graciano stated that each captain is given an outline of procedures before the boat show stating violations regarding dumping in the creek. He also stated that DERM conducted water tests before, during, and after the show. There was no sign of contamination There was also concern about flying debris from the show, which resulted from a storm that brought unusually high winds. Stuart Reed had concerns about garbage left behind in the creltk after the show was over. Paul Curry agreed to have volunteers to clean up the west side of the creek as well as the east side, during and after the show. Ira Nausbaum was concerned about the boat traffic and the layout of the boats, which left a narrow passage around the bend. . A recommendation was made to have the boats in a straight line 80' from th~ line due south of Lot 34 to 80' from the line due north of Lot 33. Also, boats need to leave in a safe and orderly fashion on move out days. Anxious captains, 350 boats, wanted to charge out all at once. Bruce Songdahl stated, all things considered, the move out went well. Most of the captains cooperated. Exhibit 2 f , , ..... ( ", . . . CITY OF,MtAMIBE;ACH '.> Clr,y H~LL 1700CONVENT.J.ON'CENTEA DAIVE',M,IA,MI BEA8H, RQAIDA 33.,139 " " ' 'jl . '~"" ;'.'< . . . .~ .~, .' ~. . ~ t~~..~ {:'...~:r..;.~' , - . ~ Code Compliance Department Code Compliance (305) 673-7555 However, there were a few overly an.'Cious captains who wanted to get out rapidly and knew they could because the Marine Patrol really doesn't have the authority to hold them back. Dan Graziano stated the show controlled the dock. They. can lock them down. A recommendation was made to have scheduled times of departure for each vessel for a smooth move out. Motion to approve the 1999 show by Ira Nausbaum. Motion seconded by Stuart Reed. Vote to approve 3-0. Board Chairperson ~ 1<' ~~ Buck Jones, Marine Inspector LJ ~~ _ ( METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT NATURAL RESOURCES DIVISION 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: ..)~UAfL~ z..~( I qq~ EXPIRATION DATE: ~(J~i z...~, z.c:o'S FIVE YEAR PERMIT AS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JANUARY 13, 1998 RESOLUTION NO. Exhibit 3 AGREEMENT FOR COASTAL CONSTRUCTION DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) NATURAL RESOURCES DIVISION 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: Waterway: Indian Creek Waterway East Side of Channe110cated between 4300 -5001 Collins Avenue Miami Beach, Florida Indian Creek Waterway Sheet 2 SPECIFIC CONDITIONS 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 in 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 excludim! 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 channel 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 (i.e. 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 m 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 Attachment 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 t) 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 Rorida Department of Environmental Protection (FDEP), Marine Research Institute Office of Protected Species Research, 100 Eighth Avenue, Southeast, St. Petersburg, Rorida 33701-5095, the U.S. Fish and Wildlife Service, 3100 University Blvd., Jacksonville, Rorida 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 1/2" by 11" temporary placard reading, "Manatee HabitatlId1e 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, Rorida 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 61 TS 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 Systerri Sheet 2D n) in- accordance with ES. 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 corrunencement 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 · ti ;'~II'i'; 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 ~ tep ~~~~~q, 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 increase 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 /installation 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 device). 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 CONDITIONS" LISTED ABOVE ON SHEETS 2A THROUGH 21 AND FULL Y 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 MA Y RESULT IN BOND FORFEITURE, PERMIT REVOCATION, FINES, AND/OR THE FILING 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 RESPECT TO THE WORK AUTHORIZED HEREIN. I FURTHER AGREE TO ENSURE THAT ALL SUCH EMPLOYEES, AGENTS, AND PERSONS SHALL ABIDE BY ALL. CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN THIS PERMIT. Signed: ~~~ PERMITTEE Date: I '- ~:fK Sheet 2J 3. - Name. Address and Phone of Permittee: Contractor: (Must be Licensed bv Dade County) Yachting Promotions, Inc. 1115 NE 9 Avenue Ft Lauderdale, Florida 33304 Denmar Marine, Inc. 6733 Calle Del Par North Boca Raton, Rorida 33343 4. DERM Proiect Mana!!er: JoAnne Clingerman 5. Aooroximate 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 Reauired: 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. A!!encies other than DERM from which aooroval may be necessary (as checked): -X- U.S. Army Corps of Engineers -X- State of Florida Department of Environmental Protection -X- City of Miami Beach -X- U.S. Coast Guard -X- 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 , ((i~ (OJ ~~ .;,,- BROKERAGE YACHT SHOW COMMENCEMENT SCHEDULE Dock Installation January 26 - February 5, 1.998 Move-In Boats February 6 - 1.1., 1998 Show Dates February 12 - 16, 1998 Move-Out Boats February 17 - 19, 1998 Dock Removal February 16 - 22, 1.998 . -..-.. ."- -... . ... . -.._-., Brokerage Yacht Show Five-Year Calendar '98 '99 2000 2001. 2002 February 12-1.6,. 1.998 February 1.1-1.5, 1999 February 17-21., 2000 February 15-19, 2001 February 1.4-1.8, 2002 I ; - 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 · 21 0 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~CTOR IS A CORPORATION: ~~_ LJ",JjJ1~"-~""-,,,,,, ~~~"'~$LW" /' ~e y (Correct Name of Corporation) . . DATE P.1}cf BY ~ ~. ' President (AFFIX CORPORA TE SEAL)~ DATE I . 'l- 1-1} r: President WHEN THE PERMIITEE IS A CORPORATION: J:J/~ ~77~ #77t1r> ~ Secr~tary (Correct Name of Corporation BY ~ tt-----~ __ (AFFIX CORPORATE SEAL) DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT IssuedOn:~u~ Z~ Icr,-g~ /~- , Director or his Designee THE ISSUANCE OF THIS PERMIT DOES NOT RELIEVE THE PERMIITEE AND/OR CONTRACfOR FROM OBTAINING ALL REQUIRED FEDERAL, STATE AND LOCAL PERMITS. Sheet 4 nMl1 This notice of authorization must be ~ conspicuously displayed at the site of work. United States Army Corps of Engineers E)(?\l~.s o~ . ~~ ::SPNt.A~"'l-.'1 .. ~~ A permit to PL~<..E 1 ,. PILl '-ll:5 ') t=\.C~T"l~~ D~ ~g ~ ~\A,,,,,,\ Bc,f.\\ ~~~ at ~ .-.11) \ ~ ~ c. ~ \c:::.. 1'('\' ~~ l Bs;., ~ I ~~ E C-...'"'\.~ ).4 'r"t F~ rt.;J~~ / , has been issued to ~'T'"'~l~ ~14-.~'''''l','f'''''\'''''''b .!-"'U oJ on \1 ~ 199R Address of Permittee 't\ S N E ~Au~ -' Fr. ~..')'=:.J~ t=~ .~o~ ~~~~~~~? ~ :feE'. g. ~\LLS2- District Commander Co b""F-t tA.. S ,':;x;v---.-..f / - Permit Number I \'1')03\3,9(. (:r?-sf) I ENG FORM 4336, JUL 81 (ER. 1145-2-303) EDmON OF 1UL 70 MAY BE USED (Proponent CECW.{)) 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, FLORIDA 33416-4680 REPL Y TO A rrENTlON 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, {'j r~ ~ \.(..~ <--.,..) R,-,-~ <: _ 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 attachgd plans numbered 199031326 (IP-BP) in sheets 1- 5 of 7, dated 8/26/97-,---'f'his work is for the purpose of conducting the "Miami ~Qat__ Show" as/ a yearly event. This permit instrument :----sup-e-rsed-es 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 constrQction/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. ~ '~~Sl ~~ '\ This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. ~W~o-.u.~ ~ (DISTRICT ENGINEER) ~~ JOE R. 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'J ,-, c; .. ~ ~ 1: ~ ~! i .. ~ i" . , ~ i 'I ~::l : l: lI: 1 - z t n ~ ~ " '" V1 n :u 'iJ ~ 6 z ~ S ~ ~ >UJ ""J~ :::;t:rj -or----, C) I.. .J Z f--! 8~ -=J~ v_ >Z v0 L=J- > nz o .-n z7.l -l:-rJ ~~ ";.: ~ C AJ ~ o UJ M r:::: 0-:: ;VZ =C': '-" >- Z UJ C to ~ M ::D o M U .,.. au.: ;::;l=j " n ---:3 :>0 nz :c.. .-: I v -=w z' C'l-4 "US ;;:17- 9 v; 0::: -l-::' OCJl Zw VJ " u.: -0 Zc n-l ~ ~ Z u ;:::::: > Ul z Cl C "" .I- ~ N ~ < > M Vi -i --< BROKERAGE YACHT SHOW COMMENCEMENT SCHEDULE Dock Installation January 26 - February 5, 1998 Move-In Boats February 6 - 11, 1998 Show Dates February 12 - 16, 1998 Move-Out Boats February 17 - 19, 1998 Dock Removal February 16 - 22, 1998 US ARMY CORPS OF ENGINEERS Pennit No.: 199 C' 31] 2 &.: Page -L of ~ Date: 8 , 2. ~ I ci 1 ~&.:..: a.... 8.::s -.... ~ f:= > w Q ~ C/.) ~ U o Q c.:J Z ~ ~ o ti ~ ~ U ~ ~ ;>-. E- :.G g -l a::l ~ UJ ~ l- V) ::i o t:l. 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"-I ~ " \.. .0, ~ 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 A waiting Florida Department of Transportation approval which must be submitted prior to issuance of Building Permit for Temporary Docks Exhibit 7 U.S. Departmen~. of TranSp. ortation .~," United States Coast Guard Commander Seventh Coast Guard District 909 S. E. First Avenue Miami, FI 33131 Staff Symbol: (oan) Phone: (305) 536-5621 FAX: (305) 530-7655 16593/2362 Serial: 039 January 23, 1998 Mr. Paul Curry Show Management, Inc. 1115 NE 9th Avenue Fort Lauderdale, FL 33304 Dear Mr. Curry: This is in response tv .ivu.i.' letter of Jam...,ary 7, ] 998 f re'::luestinq a change to the operating regulations on the 63rd Street drawbridge across Indian Creek, Miami Beach, Florida. We are actively soliciting comments to your proposal in the Local Notice to Mariners, and provided there are no adverse comments received to our solicitation which expires on February 6, 1998, we anticipate authorizing the drawbridge owner to operate the bridge as you proposed. Therefore, the following special bridge operating restriction from February 9-11 and 17-18, 1998 (5-day period), would be authorized to reduce the impact of bridge openings upon highway traffic without unreasonably impacting navigation: The 63rd Street drawbridge shall open on signal; except that, from 7 a.m. to 9 a.m. and from 5 p.m. to 7 p.m., the draw need open only on the hour. If authorized, you are reminded that in accordance with 33 CFR 117.31(b) (2), vessels in a situation where a delay would endanger life or property shall, upon proper signal, be passed through the draw at any time. Signs will need to be posted both upstream and downstream of the drawbridge summarizing this change in operation. It will also be important that this change be publicized through the local news media to the maximum extent possible. It is important that the public be made aware of any change in the operation of the bridge. We will advise you as soon as a final decision is made on your proposal. !~[EJ2 r-;:'r:-. -r-, '1: ;.I J"" \ /' ..' " ! J! ,-,.~ Exhibit 8 16593/2362 Serial: 039 If you should have any questions, please call Mr. Brodie Rich at (305) 536-5117. Sincerely, i(~1 ~'ll1/lt/P".Ar. r-'~ . . WI LOW C ief, Bridge Section ids to Navigation and aterways Management Branch Seventh Coast Guard District Ey direction of the District Commander Encl: 33 CFR 117.31(b) (2) Copy: Florida Dept of Transportation; Attn: Mr. Gab Romanach C.i.ty of Miami Bch; Attn: Mr. Joe Damien, City Asset Manager 2