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2001-24696 Reso RESOLUTION NO: 2001-24696 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 2002 BROKERAGE YACHT SHOW, FOR THE PERIOD OF JANUARY 25 THROUGH FEBRUARY 25, 2002 WHEREAS, Yachting Promotions, Inc, has requested using the City seawall and 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 the event entitled, "The Brokerage Yacht Show", for the period of January 25 through February 25, 2002; and WHEREAS, the City's Marine Authority reviewed the plans for the use authorized under the Agreement, at its meeting on September 11, 2001, 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 25, 2001, and approved Yachting Promotions, Inc.'s, request for a Conditional Use Permit pertaining to the use set forth in the Agreement; and WHEREAS, the Administration recommends authorizing this use, and execution of the attached short-term Lease Agreement (Agreement), said Lease commencing on January 25, 2002, and ending on February 25, 2002, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and the City Clerk are hereby authorized to execute the attached short-term Lease Agreement, for the use of approximately 600 feet along the seawall on Indian Creek including out-lot #7 amended plat of Indian Beach Corporation's Sub (8-61), which is directly across from Municipal Parking Area #19-X, at 46th Street and Collins Avenue, for the period of January 25 through February 25, 2002, for the purpose of docking and mooring used yachts and other used vessels during the "Brokerage Yacht Show" event. PASSED AND ADOPTED THIS 19th day Attest: ~r~wlAA CITY CLERK JMG:CMC:JD:rd IICH2\VOL 11CMGRlAGENDA\2001 ldec19011REGULARIY ACHTSHW,RES.doc12/13/01 APPROVED AS TO FORM & LANGUAGI & FOR EXECUTION , )..- \ ~ --0 1 oate CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ ~ Condensed Title: Resolution authorizing execution of lease agreement with Yachting Promotions Inc, for Brokerage Yacht Show (January 25-February 25, 2002). Issue: Obtain authorization to execute lease agreement. Item Summary/Recommendation: Adopting the resolution provides the City an opportunity to continue enhancing its intemational 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 Thirty Three Thousand Dollars ($33,000) for the use of the premises for a thirty two (32) day period. Advisory Board Recommendation: Positive recommendations from Marine Authority (9/11/01) and Planning Board (9/25/01), Financial Information: Amount to be expended: None D Finance Dept. Source of Funds: F:\DDHPI$ALLIASSEnV ACHTSH0\2002ICOMMMEMOSUM.doc AGENDA ITEM P?7b DATE /,j-/f-tJ/ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl,us TO: FROM: SUBJECT: COMMISSION MEMORANDUM Mayor David Dermer and DATE: December 19, 2001 Members of the City Commission Jorge M. Gonzalez \7 - /' City Manager d fI'PD A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SHORT-TERM LEASE AGREEMENT WITH YACHTING PROMOTIONS, INC. FOR THE USE OF THE OUT LOTS AND APPROXIMATELY 600 FEET ALONG THE SEAWALL ON INDIAN CREEK OUT LOT #7 AMENDED PLAT OF INDIAN BEACH CORPORATION'S SUB (8-61) WHICH IS DIRECTLY ACROSS FROM MUNICIPAL PARKING AREA #19-X AT 46TH STREET AND COLLINS AVENUE FOR THE PURPOSE OF DOCKING AND MOORING USED YACHTS AND OTHER USED VESSELS FOR THE BROKERAGE YACHT SHOW, FOR THE PERIOD OF JANUARY 25, 2002, THROUGH FEBRUARY 25, 2002 ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS: Yachting Promotions, Inc. (YPI) has requested to lease the City-owned property known as the 46th Street out-lots directly across the street from the parking facility located on 46th Street and Collins Avenue and just north of the Eden Roc Hotel. YPl'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 2002 Yacht Brokerage Show. It is anticipated that there will be between 460 and 470 vessels involved in this years event. The event is scheduled to run from January 25, 2002, through February 25, 2002, as listed below: Dock Set-up ..........................,...........January 25 through February 8, 2002 Move-in ,......................................... February 8 through February 13, 2002 Show Dates .................................. February 14 through February 18, 2002 Move-out..............................,........ February 19 through February 21,2002 Break-down................................,.. February 21 through February 25, 2002 Commission Memorandum December 19,2001 Yacht Brokerage Show Page 2 of5 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 use of the subject out-lots for the 1994, 1995, and 1996 show dates. For the 1997, 1998, 1999, 2000, and 2001 shows, YPI requested, and the Administration recommended, that permission be granted for the use of the subject out-lots for the respective show dates. The City Commission concurred in each case and adopted Resolutions No, 97-22258, 98- 22644, 98-22956, 99-23411, and 2000-24184 respectively approving same. The following schedule details the fees paid to the City by YPI from 1994 through the present. Show Year Fee 1994...........,...,......,.............,...........,..............................,....,... $10,200.00 1995............,.... ....... ... ....,.. ..., ....... ,... ,.... .......,.... ........ .... ..., ...... $10,710.00 1996....,............,...,....................................,.......,...........,......... $11,245.50 1997......................,.. .....................,.. ..........'....,... .................... $18,309.00 1998 ...........'.......,...........,........................,...........,................... $20,140.00 1999.....................,......,............................. ,............ ................. $22,154.00 2000 ........,.......,....,.......'...........,.......,...,.......................,.......,.. $24,369.00 2001 .........................."..........,.......,................ ..........,.......,...,. $30,000.00 2002 ......,...........,................................,...,......,......................... $33,000.00 The request by YPI for use of the premises during the 2002 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), On November 29, 2000, the City Commission discussed and approved the 2001 Brokerage Yacht Show. During said discussion, the City Commission expressed concerns about the 2001 Show's impact on traffic and quality of life related issues. At the conclusion of the 2001 Show, the Administration met to review both the positive and negative aspects of that Show and to provide recommendations for the 2002 Show. Said recommendations also address those comments made by the City Commission at the November 29, 2000 meeting. 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. Commission Memorandum December 19,2001 Yacht Brokerage Show Page 3 of5 . To submit documentation reflecting a schedule, including departure date and times for all vessels prior to the inception of the move-out. YPI shall endeavor, and said schedule shall reflect, that the move-out of the boats shall be spread as evenly as possible over the two day move-out period. . To use and maintain the existing restroom facilities on the 46th Street Parking Lot for the shows patrons from February 14, 2002 through February 18, 2002, in addition to the portable units ("crowd pleasers"), which may have been approved. . To provide on premise off-duty police officers as recommended by the Miami Beach Police Department and pursuant to the terms of the Lease Agreement as follows: OFF-DUTY SET UP MOVE-IN SHOW DATES MOVE-QUT BREAKDOWN 1/25102-218/02 218102.2113102 2114/02-2118102 2119/02-2121/02 2119/02-2125102 POLICE 3 Officers 3 Officers 10 Officers 6 Officers 3 Officers DEPT. (Straight Shifts) 2 Sergeants 1 Sergeant 1 Lieutenant MARINE 1 Officer 2 Officers 1 Officer 6 Officers 1 Officer PATROL 1 boat 2 boats 1 boat 3 boats 1 boat FIRE 1 STAFF (8HR) 1 Inspector 2 Inspectors 1 Inspector DEPT, 2 Paramedics 1 STAFF (8HRS) At least one Officer must remain on site at all times (24 hours) beginning one night prior to Show and through show dates, At least one Fire Inspector must remain on site at all times (24 hours) from the beginning of Move-in to the end of Move-out. . To lease private property at 6700 Indian Creek Drive as approved by the City from which to unload, launch, and load the floating docks that will be used. . 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. Commission Memorandum December 19,2001 Yacht Brokerage Show Page 4 0/5 · To restore all out-lots within the show's boundaries within one (1) week of last move-out date. · To provide a shuttle service, from 73rd Street to 42nd Street, for the Show's patrons which will include buses that run every 15 minutes, and begin said service one hour before, and end one hour after the show's hours of operation. . 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 (Brittany Bay Park). as many as may be required and approved by the City. . To arrange and pay for the Miami Beach Marine Patrol and other appropriate municipal Marine Patrol agencies to provide patrol boats and staff during the set- up/move-in, show, and move-outlbreak-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'Iong ....,...,...................,..............7 spaces - One Office Trailer 21' wide by 55'Iong ...........................................7 spaces - One Restroom Trailer 21' wide by 55'long ,...........,........................7 spaces Four 8 yard, or One 20/30 yard dumpster.................,................,...6 spaces Four Service Vehicles (Vans/Pick-up Trucks) ......,...............,.......,.4 spaces - Two Motor Homes (Office & Security)..................,...............,.........8 spaces . To provide the following insurance coverage as approved by the Office of Risk Management: Commercial General Liability, including contractual liability, in the amount of $5,000,000 per occurrence - Workers' Compensation coverage including United States Longshoremen and Harborworker's and Jones Act coverage. . Subject to U.S. Coast Guard approval, operation of the 63rd Street bridge will be restricted from its normal on demand opening schedule. During "set-up" and "breakdown" periods the bridge shall open on signal, except that between the hours of 7:00 AM and 9:00 AM, and between 4:30 PM and 7:00 PM, the openings shall be limited to no more than ten (10) minutes each and only once per hour. Commission Memorandum December 19,2001 Yacht Brokerage Show Page 5 of5 . The Lessee has agreed to conform and abide by the conditions imposed by the City of Miami Beach Planning Board on September 25, 2001, pursuant to the Conditional Use Permit, File No.1531, and by the recommendations made by the Marine Authority on September 11, 2001 (Exhibits 1 and 2, respectively). More specifically the Marine Authority further recommended the following: . In addition to any other existing clean-up requirement, any trash and/or debris found on the shoreline of the Indian Creek waterway (up to the high tide line) between the Shows southern and northern boundaries, shall be removed and properly disposed by YPI. . YPI shall provide and maintain double flashing lights (2 per piling), in good operating condition at all times that the pilings are in place. Furthermore, Yachting Promotion, Inc. has received approval and/or positive recommendations from, the following authorities: Miami Beach Planning Board ......................,......,.................9/25/01 (Exhibit 1) Miami Beach Marine Authority.........................,................,...9/11/01 (Exhibit 2) Miami-Dade County D.E.R.M, (5 Year) ..........,.......,..........,..1/28/98 (Exhibit 3) - Army Corps of Engineers (5 Year) ..,..,.......................,.........1/28/98 (Exhibit 4) Miami-Dade County Commission (5 Year) ....................,......1/13/98 (Exhibit 5) and is pending final approvals, which must be obtained prior to the issuance of a Building Permit from the City, from the following authorities: Florida D.E.P ........,..........,.........,......,...(expected prior to 1/6/2002) (Exhibit 6) Florida D.O.T, ....................,............,..,..(expected prior to 1/6/2002) (Exhibit 7) U.S. Coast Guard ,........,.......................(expected prior to 1/6/2002) (Exhibit 8) Adopting the resolution authorizing the execution of the lease agreement, provides the City an opportunity to continue enhancing its international reputation as a showcase for watercraft, by hosting this pre-owned boat show which supplements the Miami Beach International Boat Show. Additionally, said lease will result in revenues to the City of Thirty Three Thousand Dollars ($33,000) 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. JMG:CMC:JDiW /' Attachments F T:\AGENDA\2001IDEC1901IREGULARIYACHTSHOW.MEM.DOC 12/11/01