93-20902 Reso RESOLUTION NO: 93-20902
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A THREE YEAR REVOCABLE PERMIT TO
YACHTING PROMOTIONS, INC. FOR THE USE OF 600
FEET ALONG THE SEAWALL ON INDIAN CREEK OF OUT
LOT # 7 AMENDED PLAT OF INDIAN BEACH
CORPORATION'S SUB (8-61) WHICH IS DIRECTLY
ACROSS FROM THE MUNICIPAL PARKING AREA #19-X
AT 46TH STREET AND COLLINS AVENUE
WHEREAS, Yachting Promotions, Inc. has requested a three (3)
year revocable permit for the rental of the City of Miami Beach
Seawall located at Indian Creek Drive, at 46th Street and Collins
Avenue for the placement of floating docks for the purpose of
docking and mooring pre-owned yachts and other vessels during an
event entitled "The Brokerage Yacht Show" during the periods
January 25 - February 25, 1994, January 25 - February 25, 1995 and
January 25 - February 25, 1996, respectively; and
WHEREAS, the City Manager recommends granting of the three
year revocable permit; and
WHEREAS, The City's Marine Authority reviewed the plans for
the use authorized under the permit at its meeting on September 9,
1993 , and recommended approval of the revocable permit.
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 three year revocable
permit attached hereto, for the use of 600. 0 feet along the seawall
on Indian Creek of out-lot # 7 amended plat of Indian Beach
Corporation's Sub (8-61) , which is directly across from the
Municipal Parking Area #19-X at 46th Street and Collins Avenue for
the periods January 25 - February, 1994, January 25 - February 25,
1995 and January 25 - February 25, 1996, respectively.
r
PASSED AND ADOPTED THIS 22nd d- of Se ber , / 93./7
`',YOR V
Attest:
,L L !ORM APPROVED
CITY CLERK LEGAL DEPT. I
RMC:MDB:ojr:me
c-c
Des
CITY OF MIAMI BEACH r/
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 5". 9 -9$
TO: Mayor Seymour Gelber and DATE: September 2 2,19 9 3
Members of the City Commission
FROM Roger M. Carl
City Manager
RENTAL OF THE CITY OF MIAMI BEACH SEAWALL, LOCATED AT
SUBJECT: . INDIAN CREEK DRIVE AT 46TH STREET AND COLLINS AVENUE, TO
YACHTING PROMOTIONS, INC. DURING THE MIAMI INTERNATIONAL
BOAT SHOW FOR THREE YEARS FROM JANUARY 25 THROUGH
FEBRUARY 25 IN 1994, 1995 AND 1996, RESPECTIVELY
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission approve
the attached three (3) year revocable permit for the rental of the
City of Miami Beach Seawall located at Indian Creek Drive, at 46th
Street and Collins Avenue, for the following dates and rent amounts
(each amount represents a 5 percent increase from the previous
year) :
Date Amount payable
January 25 through February 25, 1994 $10,200.00
January 25 through February 25, 1995 $10,710.00
January 25 through February 25, 1996 $11, 245. 50
BACKGROUND:
City Commission Resolution No. 92-20683 authorized the Mayor and
the City Clerk to execute a revocable permit to Yachting
Promotions, Inc. for the use of 572.9 feet along the Seawall on
Indian Creek at 46th Street and Collins Avenue for the placement of
floating docks for the purpose of docking and mooring yachts and
other vessels for a yacht show during the period February 1-21,
1993 , which included move-in and move-out days. The Resolution
passed and was adopted December 16, 1992.
The area that Yachting Promotions, Inc. is requesting to lease is
City-owned and is across from the Fontainebleau and the Eden Roc.
On March 11, 1993, Mr. Dane Graziano, Vice President of Yachting
Promotions, Inc. forwarded a letter to the City requesting a five
year lease agreement for this site. The City Administration made
a decision to recommend granting a three year lease agreement.
ANALYSIS:
The request by Yachting Promotions, Inc. for use of the premises
during the dates specified above does not conflict whatsoever with
the Agreement with the Miami International Boat show as long as the
boats being displayed are not new (i.e. , that they are pre-owned) .
Mr. Graziano has submitted a letter stating that all of the boats
to be displayed are pre-owned (copy of letter attached) .
CONCLUSION:
In granting this revocable permit, The City has the opportunity to
rent the 46th Street and Collins Avenue Seawall in the amounts
stated above. The necessary plans, insurance, local, state and 7:3 federal regulatory approvals, permits and licenses required for the
operation will be provided by Yachting Promotions, Inc.
RMC:MDB:JMF:of r AGENDA
attachments
ITEM \ I
DATE ,
-22q3
EXHIBIT "Be"
REVOCABLE PERMIT
VESSELS TO BE DOCKED AND ALTERATIONS TO PREMISES
Temporary docks will be placed immediately adjacent to the seawall
to accommodate as many yachts and other vessels as are approved by
the Marine Authority, which may be available for visual inspection
by prospective purchasers. As many as two floating barges may be
placed in the ,adjacent to the demised premises to accommodate
tented seating lounge areas.
In accordance with the recommendation approved by the Marine
Authority at its meeting on September 9, 1993 , 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.
A temporary fence, subject to the approval of the City' s Planning
and Zoning Department, may be located adjacent to the sidewalk to
enhance security and safety precautions. A temporary ticket booth
or office may be placed on the out lots. No part of any fence or
temporary building may block any portion of the sidewalk or
otherwise impede pedestrian or vehicular traffic.
A temporary banner may be erected on the demised premises, subject
to the approval of the City' s Planning and Zoning Department.
C:\WP51\DOCS\revocper.3
9
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THREE YEAR REVOCABLE PERMIT
THIS AGREEMENT, made on the 22nd day of September
1993, by and between the CITY OF MIAMI BEACH, hereinafter called
"City" and YACHTING PROMOTIONS, INC. , 1115 N.E. 9th Avenue, Ft.
Lauderdale, Florida 33304 , hereinafter called "Permittee" .
WITNESSETH
WHEREAS, the City is the owner of the 46th Street Out Lots,
adjacent to the Municipal Parking Lot at 46th Street and Collins
Avenue; and
WHEREAS, the Marine Authority of the City of Miami Beach, at
its meeting on Thursday, September 9, 1993 , reviewed and approved
the plans and safety precautions of the Permittee.
NOW THEREFORE, in consideration of the restrictions and
covenants herein contained, the City hereby permits the exclusive
use of the City property described in Exhibit "A" attached hereto
(hereinafter "Demised Premises") .
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE
PARTIES HERETO:
That the recitations, statements, covenants, warranties and
agreements hereinabove and in the attached articles are true and.
binding upon the respective parties hereto.
ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the Demised Premises for the placement
of temporary docks in order to dock or moor watercraft or vessels
for activities directly associated with the production of a show
entitled "The Brokerage Yacht Show" , for the sale of used boats
only, and for no other purpose whatsoever. The docks and vessels
which are contemplated to be situated at the Demised Premises are
more particularly described on Exhibit "B" attached hereto.
The Permittee shall have the sole responsibility for obtaining
any and all local, state and Federal regulatory approvals, permits
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or licenses required for operations associated with the use of the
Demised Premises.
ARTICLE II
TERM
The Permittee shall have the use of the Demised Premises
throughout the following three (3) terms:
a. ) Term 1
Commencing at 12 : 01 A.M. on January 25, 1994 and ending
at midnight on February 25, 1994 ;
b. ) Term 2
Commencing at 12 : 01 A.M. on January 24 , 1995 and ending
at midnight on February 25, 1995;
c. ) Term 3
Commencing at 12 : 01 A.M. on January 25, 1996 and ending
at midnight on February 25, 1996.
Each term will be for 'a period of thirty-two (32) days,
including move-in and move-out days.
Either party may terminate this Agreement, and thus revoke and
cancel this permit, for its 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 respective
permit term, as same is set forth above.
The City may also terminate this Agreement for cause and thus
revoke and cancel the permit, pursuant to Article XI herein upon
three (3) days written notice to Permittee prior to the scheduled
commencement date of the respective permit term, as is set forth
above.
ARTICLE III
REGULATORY FEES
To defray the cost of regulating the operations of the
Permittee from the Demised Premises, the Permittee shall pay to the
City a regulatory fee of Ten Thousand Two Hundred Dollars ($10,200)
for the first year the permit is in effect (1994) , payable 50% upon
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execution of this permit by the Permittee and 50% on January 11,
1994, for the use of six hundred (600) feet, less the southerly
27. 1 feet which is the subject of a revocable permit in favor of
the Eden Roc Hotel, for a total of 572 . 9 feet of the seawall of the
Demised Premises for the entire term. The payment schedule for the
next two permit years is as follows: $10, 710. 00, payable 50% on
August 1, 1994 and 50% on January 11, 1995, and $11, 245. 50 payable
50% on August 1, 1995 and 50% on January 11, 1996. Each amount
represents a 5 percent increase over the previous year. In the
event that Permittee has not secured all required governmental
permits by January 11th of the three permit years, then Permittee
shall have the right to terminate this Permit and receive a refund
of 25% of the fee with the City retaining 25% as liquidated
damages. If the Permittee terminates for any reason after January
11, 1994, January 11, 1995 or January 11, 1995, respectively, there
shall be no refund.
ARTICLE IV
RECORDS; AUDIT
The Permittee agrees to establish/maintain such records as may
be prescribed by the City in the future to provide evidence that
all terms of permit have been and are being observed.
ARTICLE V
ALTERATIONS BY PERMITTEE
Except for the alterations and/or improvements described on
Exhibit "B", attached hereto, the Permittee shall neither construct
nor erect any building, fence, wall, sign, screen enclosure, or any
permanent improvement upon the demised premises or the adjacent
portion of Indian Creek without prior written consent of the City.
The Permittee shall have the sole responsibility for obtaining all
local, state and Federal regulatory approvals, permits or licenses
required for construction of improvements upon the Demised Premises
or the adjacent portion of Indian Creek. All improvements made by
the Permittee shall be readily removable without injury to the
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Demised Premises at the expiration of each time frame (2/25/94,
2/25/95 and 2/25/96) or upon ten (10) days written notice from the
City. Removal by the City of any improvements made by the
Permittee shall be at the sole expense of the Permittee, and
Permittee shall pay the City for any expense within ten (10) days
of demand by the City.
ARTICLE VI
CONDITION OF DEMISED PREMISES AND MAINTENANCE
The Permittee, at his own expense, shall cause the Demised
Premises to be in a state of good condition from the commencement
of this permit. The Permittee shall maintain and keep the entire
Demised Premises in a neat, clean condition, free of refuse and
debris. All landscaped areas shall be maintained in a live,
healthy, and growing condition, properly watered and trimmed.
Determination of the condition of said premises shall be made by
the City.
ARTICLE VII
INSURANCE, HOLD HARMLESS AND INDEMNITY
The Permittee does hereby agree to indemnify and hold harmless
the City for all claims, liability, losses, damages and causes of
action which may arise out of this revocable permit or the
Permittee' s activity on the Demised Premises.
The Permittee shall also carry in full force and effect
throughout the duration of this permit, the following insurance
coverage:
1. Commercial General Liability, including contractual
liability (to cover the above indemnification) , in the
amount of $1, 000, 000. 00 per occurrence. The City must be
named as an additional insured.
2 . Workers ' Compensation coverage including United States
Longshoremen and Harborworkers and Jones Act coverage.
3 . Original certificates of insurance must be submitted
evidencing the above coverage and approved by the City's
Risk Manager prior to operating.
4 . The City must be notified thirty (30) days prior to any
cancellation or change of coverage.
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ARTICLE VIII
ASSIGNMENT
Without the prior written consent of the City Manager, the
Permittee shall not sublet, assign, transfer, mortgage, pledge, or
dispose of this permit for the term hereof.
ARTICLE IX
NO LIABILITY FOR PERSONAL PROPERTY
All personal property placed or moved on the Demised Premises
shall be at the risk of the Permittee or the owner thereof. The
City shall not be liable to the Permittee for any damage to said
personal property.
ARTICLE X
CITY'S RIGHT OF ENTRY
The City or any of its agents, shall have the right to enter
upon the Demised Premises during all reasonable working hours for
the purpose of inspecting or repairing such premises. Such right
of entry shall likewise exist for the purpose of removing signs,
fixtures, or alterations which do not conform to this permit.
Any removal of improvements or repairs made by the City and
necessitated by the Permittee' s use of said Demised Premises, shall
be at the sole expense of the Permittee.
ARTICLE XI
REVOCATION OF PERMIT
It is understood and agreed between the parties hereto, that
the City may, upon three (3) days written notice to the Permittee,
cancel this permit, at any time, including any respective permit
period as set out in Article II above, for cause if deemed
necessary to promote or maintain the general welfare, comfort,
morals, peace, health, safety, or convenience of the City or its
inhabitants.
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ARTICLE XII
NOTICES
It is understood and agreed between the parties hereto that
written notice addressed to the Permittee and mailed (certified
mail, return receipt requested) or hand delivered to Yachting
Promotions, Inc. , 1115 N.E. 9th Avenue, Ft. Lauderdale, Florida
33304 , shall constitute sufficient notice to the Permittee, and
written notice addressed to the City Manager and mailed (certified
mail, return receipt requested) or hand delivered to the City of
Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida
33139, shall constitute sufficient notice to the City to comply
with the terms of this Permit.
ARTICLE XIII
PEACEFUL POSSESSION
Subject to the terms, conditions and covenants of the Permit,
the City agrees that Permittee shall and may peacefully have, hold
and enjoy the premises without hindrances or molestation by the
City.
ARTICLE XIV
SURRENDER OF PREMISES
At the expiration of the first two time frames and the
expiration of this Permit or any renewal or cancellation thereof,
Permittee shall, without demand, quietly and peaceably deliver up
possession of the demised premises in as good condition as they are
now, except for normal wear and decay, damage by the elements, or
Act of God.
The Permittee will be responsible for the expenses to put said
premises in good condition, if said premises are not in good
condition at the expiration, renewal, or cancellation of the first
two time frames or this Permit.
The Permittee shall remove any improvements which he installs
upon the premises at his sole cost and expense.
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ARTICLE XV
ARBITRATION
Any controversy or claim for money damages arising out of or
relating to this Permit, or the breach hereof, shall be settled by
arbitration in accordance with the Commercial Arbitration Rules of
the American Arbitration Association, and the arbitration award
shall be final and binding upon the parties hereto and subject to
no appeal, and shall deal with the question of the costs of
arbitration and all matter related thereto. In that regard, the
parties shall mutually select one arbitrator, but to the extent the
parties cannot agree upon the arbitrator, then the American
Arbitration Association shall appoint one. Judgement upon the
award rendered may be entered into any court having jurisdiction,
or application may be made to such court for an order of
enforcement. Any controversy or claim other than a controversy or
claim for money damages arising out of or relating to this Permit,
or the breach thereof, including any controversy or claim relating
to the right to specific performance shall be settled by litigation
and not arbitration.
ARTICLE XVI
LIMITATION OF LIABILITY
The City desires to enter into this Permit Agreement 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 Permit Agreement, so that its liability for any
such breach never exceeds the sum of any unpaid sums to Permittee
pursuant to this Permit Agreement. Permittee hereby expresses its
willingness to enter into this Permit Agreement with Permittee's
recovery from the City for any damage action for breach of contract
to be limited to the sum of ten thousand and 00/100 dollars
($10, 000) .
Accordingly, and notwithstanding any other term or condition
of this Permit Agreement, Permittee hereby agrees that the City
shall not be liable to the Permittee for damages in an amount in
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4
excess of $10, 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 Agreement. Nothing
contained in this paragraph or elsewhere in this Permit Agreement
is in any way intended to be a waiver of the limitation placed upon
City's liability as set forth in Florida Statutes, Section 768.28.
IN WITNESS WHEREOF, the parties have hereunto executed this
Permit Agreement for the purposes herein expressed the days and
years first above written.
ATTEST: If OF MIAMI .ACH
/IP /
ITY CLERK 0 411 OR
In the presence of: ACHTING PROMOTIONS, INC.
/
f�f J
Witness
1
/ / Vice-Pre- den D ne Graziano -
/ / i % L // i
Witness
(c: WP51�DOCS\revocper. 3
9/3 '�355am
FORM APPROVED
LEGAL DEPT.
By 11
Date
S— e1-53
8
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EXHIBIT "B"
REVOCABLE PERMIT
VESSELS TO BE DOCKED AND ALTERATIONS TO PREMISES
Temporary docks will be placed immediately adjacent to the seawall
to accommodate as many yachts and other vessels as are approved by
the Marine Authority, which may be available for visual inspection
by prospective purchasers. As many as two floating barges may be
placed in the adjacent to the demised premises to accommodate
tented seating lounge areas.
In accordance with the recommendation approved by the Marine
Authority at its meeting on September 9, 1993 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.
A temporary fence, subject to the approval of the City's Planning
and Zoning Department, may be located adjacent to the sidewalk to
enhance security and safety precautions. A temporary ticket booth
or office may be placed on the out lots. No part of any fence or
temporary building may block any portion of the sidewalk or
otherwise impede pedestrian or vehicular traffic.
A temporary banner may be erected on the demised premises, subject
to the approval of the City's Planning and Zoning Department.
C:\WP51\DOCS\revocper.3
9
RESOLUTION NO: 93-20902
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A THREE YEAR REVOCABLE PERMIT TO
YACHTING PROMOTIONS, INC. FOR THE USE OF 600
FEET ALONG THE SEAWALL ON INDIAN CREEK OF OUT
LOT # 7 AMENDED PLAT OF INDIAN BEACH
CORPORATION'S SUB (8-61) WHICH IS DIRECTLY
ACROSS FROM THE MUNICIPAL PARKING AREA #19-X
AT 46TH STREET AND COLLINS AVENUE
WHEREAS, Yachting Promotions, Inc. has requested a three (3)
year revocable permit for the rental of the City of Miami Beach
Seawall located at Indian Creek Drive, at 46th Street and Collins
Avenue for the placement of floating docks for the purpose of
docking and mooring pre-owned yachts and other vessels during an
event entitled "The Brokerage Yacht Show" during the periods
January 25 - February 25, 1994 , January 25 - February 25, 1995 and
January 25 - February 25, 1996, respectively; and
WHEREAS, the City Manager recommends granting of the three
year revocable permit; and
WHEREAS, The City's Marine Authority reviewed the plans for
the use authorized under the permit at its meeting on September 9,
1993, and recommended approval of the revocable permit.
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 three year revocable
permit attached hereto, for the use of 600. 0 feet along the seawall
on Indian Creek of out-lot # 7 amended plat of Indian Beach
Corporation's Sub (8-61) , which is directly across from the
Municipal Parking Area #19-X at 46th Street and Collins Avenue for
the periods January 25 - February, 1994 , January 25 - February 25,
1995 and January 25 - February 25, 1996, respectively.
PASSED AND ADOPTED THIS 22nd d- of Se• - ber , = 93.
Al All AO
r'YOR V
Attest:
uL L 'ORM APPROVED
CITY CLERK LEGAL DEPT.
Au �7
RMC:MDB:ojr:me c- 1 c- S3
Date