Lease Agreement
-'
LEASE AGREEMENT
THIS AGREEMENT, made on December 19, 2001, by and between the CITY OF
MIAMI BEACH, Florida (City), and YACHTING PROMOTIONS, INC., a Florida corporation
with offices at 1115 N.E. 9th Avenue, Ft. Lauderdale, Florida 33304, (Lessee).
WITNESSETH
WHEREAS, the City is the owner of the 46th Street Out-lots (Demised Premises),
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 2002 Yacht Brokerage Show, from January 25, 2002 to February 25, 2002; and
WHEREAS, the Marine Authority of the City of Miami Beach, at its meeting of
September 11, 2001, 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 25,
2001, and approved the Lessee's request for a Conditional Use pertaining to the use set
forth herein.
NOW THEREFORE, in consideration of the restrictions and covenants herein
contained, the City hereby permits the Lessee's use of the City property, legally described
in Exhibit "1", attached hereto (Demised Premises).
It is further mutually understood and agreed by the respective parties hereto that the
recitations, statements, covenants, warranties and agreements hereinabove and in the
attached articles are true and binding upon the respective parties hereto.
ARTICLE I
USE OF DEMISED PREMISES BY LESSEE
The Lessee shall use the Demised Premises for the placement of temporary docks
in order to dock or moor watercraft or vessels for activities directly associated with the
production of a show to be held from January 25, 2002, through February 25, 2002,
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
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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
TERM
The Lessee shall have the use ofthe Demised Premises commencing at 12:01 A.M.
on January 25, 2002, and ending at midnight on February 25, 2002, for 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 Eighteen Thousand
Nine Hundred Fifteen Dollars ($18,915.00); payable 50% upon execution of this Lease
by the Lessee, and 50% on or before January 25, 2001. In the event that Lessee has not
secured all required permits and approvals by January 25, 2001, then Lessee and/or the
City shall have the right to terminate this Lease, and Lessee shall have the right to receive
a refund of 25% of the fee, with the City retaining 25% as liquidated damages. If the
Lessee and/or the City terminates the Lease for any reason after January 25, 2001, there
shall be no refund whatsoever.
ARTICLE IV
RENT FOR DEMISED PREMISES
The Lessee shall pay to the City a rent of Fourteen Thousand Eighty-five Dollars
($14,085.00); payable 50% upon execution of this Lease by the Lessee, and 50% on or
before January 25, 2001, for the use of the Demised Premises described in Exhibit "B",
attached hereto. In the event that Lessee has not secured all required permits and
approvals by January 25, 2002, then Lessee and/or the City shall have the right to
terminate this Lease, and the Lessee shall have the right to receive a refund of 25% of the
rent, with the City retaining 25% as liquidated damages. If the Lessee and/or the City
terminates the Lease for any reason after January 25, 2002, there shall be no refund.
ARTICLE V
PERFORMANCE BOND
Prior to January 25, 2002, the Lessee shall provide to the City a Performance Bond
in the amount of Five Thousand Dollars ($5,000.00) as security for the faithful
performance of, and conformance to, the provisions of this Agreement by Lessee. A
cashier's check in the amount of $5,000 payable to the City of Miami Beach may be
provided to the City in lieu of a Performance Bond.
2
ARTICLE VI
RECORDS: AUDIT
The Lessee agrees to establish and maintain such records as may be prescribed
by the Lessor in the future to provide evidence that all terms of this Agreement have been
and are being observed. Lessee grants to Lessor the right and authority to audit all
records, documents, and books pertaining to the Agreement. Such audit will be conducted
by the City, upon notice to the Lessee, and at Lessee's place of business. The City shall
bear the cost of any and all audits.
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 and cost 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, and said Demised Premises and property on Indian Creek
restored to their original condition prior to the commencement of this Lease, at Lessee's
sole cost at the expiration of the term as set forth herein, or upon ten (10) days written
notice from the City. Removal by the City of any improvements made by the Lessee shall
be at the sole expense of the Lessee, and Lessee shall pay the City for any such expense
incurred by the City within ten (10) days of demand by the City.
ARTICLE VIII
VESSELS TO BE DOCKED: ALTERATIONS TO.
AND USE OF DEMISED PREMISES: AND OTHER REQUIREMENTS
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 September 11, 2001, the Lessee shall:
1. Provide at least one (1) life preserver at every other piling.
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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, dolphin lines and other moorings both above and below the
water line shall be within the area shown on Exhibit "A", attached
hereto.
4. In addition to any other existing clean-up requirement, any trash and/or
debris found on the western shore of the Indian Creek waterway (up to
the high tide line) between the Shows southern and northern boundaries,
shall be removed and properly disposed by Lessee, at its sole cost.
5. Lessee shall provide and maintain double flashing lights (2 per piling), in
good operating condition at all times that the pilings are in place.
The Lessee agrees to conform with all conditions outlined in the Conditional Use
Permit, File No. 1531, that was approved by the Planning Board during the public hearing
held on September 25,2001, and attached and incorporated as Exhibit "1" hereto.
Furthermore the City and the Lessee agree to the following:
1. Lessee shall maintain a channel width in accordance with the aforementioned
Conditional Use Permit.
2. Subject to the further 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 Demised Premises. No part of any fence or temporary building
may block any portion of the sidewalk or otherwise impede pedestrian or
vehicular traffic.
3. Subject to the further approval of the City's Planning and Zoning Department,
a temporary banner may be erected on the Demised Premises.
4. Parking on the curb, or any other unauthorized location shall be strictly
prohibited, except during the actual loading and unloading of materials or for
vehicles which are providing support materials on a continuous basis, and with
the supervision of an off-duty police officer.
5. In addition to any other costs agreed to herein, the Lessee will be solely
responsible for all costs, including administrative fees, associated with arranging
and providing for the Miami Beach Marine Patrol and/or the Indian Creek Marine
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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 DATES MOVE.QUT BREAKDOWN
1/25/02-2/8/02 2/8/02-2/13/02 2/14102-2/18/02 2/19/02-2/21/02 2/19/02-2/25/02
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.
6. The Lessee, at its sole cost, will arrange to have four (4) electronic directional
signs at the following locations:
a) one at the 6400 block of Indian Creek (south bound)
b) as many as may be required and approved by the City.
7. 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: 15 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.
8. 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'Iong .......................................7 spaces
c) One Restroom Trailer 21'wide by 55'Iong .................................7 spaces
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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.
9. 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.
10. The Lessee agrees to submit a letter stating that all of the boats to be displayed
are used (Le. pre-owned), prior to the City's issuance of a Building Permit for
the construction of the floating docks.
11. Prior to February 8, 2002, the Lessee agrees to submit the hull numbers of all
vessels that will be displayed during the show.
12. The Lessee agrees only 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.
13. The Lessee agrees to provide additional off-duty police officers as follows:
a) One (1) officer on Washington Avenue on February 14th, 15th, 16th, 17th, and
18th, 2002 to assist with shuttle bus operations.
b) One (1) motorcycle officer to monitor traffic on the 63rd Street Bridge on
February 19, 2002 (the first move-out day).
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14. The Lessee agrees to lease private property located at approximately 6701
Indian Creek Drive from which to unload, launch, and load the floating docks
that will be used for the show, proof of which shall be provided to the City prior
to January 25, 2001.
15. The Lessee agrees to restore all Demised Premises within the show's
boundaries, in accordance with Article VII, no later than February 28, 2002.
16. 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.
17. Prior to January 25, 2002, the Lessee shall obtain and (where not a City-issued
approval) provide proof to the City of the following:
a) Miami Beach Planning Board Conditional Use Permit
File No. 1531 (9/25/01)..............................................................(Exhibit 1)
b) Miami Beach Marine Authority Recommendation
(9/11/01) ..................................... ..... ............ .................. ............ (Exhibit 2)
c) Miami-Dade County D.E.R.M. (5 Year Permit)
Permit No.CC97-192 (1/28/98) .................................................. (Exhibit 3)
d) U.S. Army Corps of Engineers (5 Year Permit)
Permit No.199031326(IP-BP) (1/28/98) ........................... ......... (Exhibit 4)
e) Miami-Dade County Commission Approval (5 Year Approval)
(1/13/98) ....... ........................................................ ..................... (Exhibit 5)
f) State of Florida Department of Environmental Protection.
(pending). ........... ............... ........... ........ ................ ..................... (Exhibit 6)
g) Florida Department of Transportation Approval.
(pending) ........................ .............. .................................. ... ........ (Exhibit 7)
h) U.S. Coast Guard Approval.
(pending) ................................................................................... (Exhibit 8)
Lessee shall abide by the terms and conditions of the above issued permits and/or
approvals.
*
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.
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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 throughout the term of this Lease. The Lessee shall maintain
and keep the 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, and Lessee shall immediately correct any deficiencies noted by
the City in Lessee's maintenance and repair of the Demised Premises.
ARTICLE X
INSURANCE. HOLD HARMLESS AND INDEMNITY
The Lessee shall indemnify, defend and hold harmless, the City and its officers,
employees and agents, from any and all claims, liability, losses, and causes of action which
may arise out of the Lessee's activities under this Lease and shall pay all claims and
losses of any nature whatsoever in connection therewith and shall defend all suits, in the
name of the City, when applicable, and shall pay all costs (including attorney's fees) and
judgements which may be issued thereon. This indemnification shall not be limited in any
way by the type or amount of insurance carried by the Lessee.
The Lessee shall carry and maintain in full force and effect at all times during the
term of this Lease the following coverages:
1. Commercial General Liability, including contractual liability, in the amount of
Five Million Dollars ($5,000,000.00) per occurrence. The City must be named
as an additional insured.
2. Workers' Compensation coverage including United States Longshoremen and
Harborworker's and Jones Act coverage.
3. Original certificates of insurance must be submitted evidencing the above
coverage and approved by the City's Risk Manager prior to the Commencement
of this Lease.
4. The City must be notified thirty (30) days prior to any cancellation or change of
coverage.
ARTICLE XI
ASSIGNMENT
The Lessee shall not sublet, assign, transfer, mortgage, pledge, or dispose of this
Lease for the term hereof without the prior written consent of the City.
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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 any 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.
ARTICLE XIV
TERMINATION OF LEASE
Either party hereto may terminate this Lease, and thus revoke and cancel same,
without cause and for convenience, by giving the other party written notice of such intent
to terminate at least thirty (30) days prior to the scheduled commencement date of the
Lease term, as same is set forth herein. Only the City may terminate this Lease for
convenience after the commencement date.
Notwithstanding the above, 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
9
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, conditions and covenants of the Lease, the City agrees that
Lessee shall and may peacefully have, hold and enjoy the Premises without hindrances
or molestation by the City.
ARTICLE XVII
SURRENDER OF PREMISES
At the expiration of the time frame and the expiration of this Lease or any renewal
or cancellation thereof, Lessee shall, without demand, quietly and peaceably deliver up
possession of the Demised Premises in as good condition as they were prior to the
commencement of the Lease, except for normal wear and tear.
The Lessee will be responsible for the expenses to put said Premises in good
condition, if said Premises are not in good condition at the expiration, renewal, or
cancellation of the time frame or this Lease.
The Lessee shall remove any improvements which it installs upon the Premises at
its sole cost and expense.
ARTICLE XVIII
VENUE
Any litigation between the parties, arising out of, or in connection with this Lease,
shall be initiated in the court system of the County of Miami-Dade, State of Florida.
ARTICLE XIX
LIMITATION OF LIABILITY
The City desires to enter into this Lease only if in so doing the City can place a
limit on the City's liability for any cause of action for money damages due to an alleged
breach by the City of this Lease, so that its liability for any such breach never exceeds the
sum of Five Thousand Dollars ($5,000). Lessee hereby expresses its willingness to enter
into this Lease with Lessee's recovery from the City for any damage action for breach of
contract to be limited to the sum of $5,000.
Accordingly, and notwithstanding any other term or condition of this Lease, Lessee
hereby agrees that the City shall not be liable to the Lessee for damages in an amount in
10
excess of $5,000 for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this Lease.
Nothing contained in this paragraph or elsewhere in this Lease is in any way intended to
be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes,
Section 768.28.
IN WITNESS WHEREOF, the parties have hereunto executed this Lease for the
purposes herein expressed the days and years first above written.
ATTEST:
-1iw} ftu~
CITY CLERK
In the presence of:
YACHTING PROMOTIONS, INC.
~~
Secretary
F:ICMGRIAGENDAI2001 ldec1901 IREGULARIYACHTSHW.lSE.DOC12113/01
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OUT LOTS
(approximately 9,000 Sq. Ft.)
Exhibit B
PROPERTIES:
INRE:
LEGAl.
DESCRIPTION:
Off. REC BK.
2 0 0 6 6 PG 0 7 5 3
PLANNING BOARD
o l.R680236 2001 DEe 10 11:40
CITY OF MIAMI BEACH, FLORIDA
4333 Collins Avenue - Charles Group Hotels
4441 Collins Avenue - Fountainbleau Hilton
4525 Collins Avenue - Eden Roc
4601 Collins Avenue - City of Miami Beach Parking Lot
4707 Collins Avenue - Mimosa Condominium
4775 Cullins Avenue - New Florida Properties
4883 Collins Avenue - Westin Hotel
4925 Collins Avenue - The Executive
5001 Collins Avenue - Carriage Club South
FILE NO: 1531
The Application of Yachting Promotions Inc., for Conditional Use Approval for the
Installation of Temporary Floating Docks and Pilings Adjacent to the Existing
Seawall of the Indian Creek Waterway at 4300 Through 5001 Collins Avenue for the
Display and Sale of Pleasure Yachts During the Brokerage Yacht Show..
A parcel of Submerged land in Indian Creek, being a portion of Section 23,
Township 53 South, Range 42 East, Dade County, Florida, lying West of Collins
Avenue, adjacent to Lot "A", and Lots 1 through 23, AMENDED PLAT OF THE
INDIAN BEACH CORPORATION'S SUBDMSION, according to the plot thereof
as recorded in Plat Book 6, Page 148, of the public records of Dade County, Florida,
and adjacent to Blocks 38 and 40, AMENDED MAP, THE OCEAN FRONT
PROPERTY, THE MIAMI BEACH IMPROVEMENT COMPANY, according to
the plat thereof as recorded in Plat Book 5, Pages 7 & 8, of the public records of
Dade County, Florida. Said Submerged Lands described as follows:
Commencing at the Intersection of the Easterly Right-of-way line of sold Collins
Avenue (131 feet right-of-way), and the South line of said Lot 13; thence North
80'32'00" West on the Westerly extension of the South line of Lot 13, of said
AMENDED PLAT OF THE INDIAN BEACH CORPORATION'S SUBDMSION;
thence North 80'30'00" West on the Safe Upland Limits Line, being a point on the
West face of an existing seawall cap and the Point of Beginning of the herein
described Parcel; thence Southerly on the said Safe Upland Limits Line the following
six courses and distances; South 03'52'06" West, a distance of 401.82 feet; thence
South 06'45'55" East, a distance of 28.44 feet; thence South 11'21'11" West, a
distance of 773.16 feet; thence South 11'43'43" West, a distance of 904.32 feet;
thence South 6'29'34" West, a distance of747.58 feet; thence south 18'30'57" West,
a distance of 189.31 feet to the point of termination of the said six courses and
-distances; thence North 75'40'45" West, a distance of 158.88 feet; thence courses
Exhibit 1
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Io.f.i.j'''"va\.
20066PG0754
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 of375.18 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 of298.61 feet; thence North 00'52'09" East, a distance of231.41 feet; thence
North 09'14'37" West, a distance of 228.15 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 Nortll 03'0&58" :::::"'"3.st, 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 toa 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 '50'01" 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.
MEETING DATE: September 25,2001
CONDITIONAL USE PERMIT
The applicant, Yachting Promotions Inc., filed an application with the Planning Director for a Conditional
Use Permit pursuant to Section Sec. 142-1361 of the Land Development Regulations of the Code of the City
of Miami Beach, Florida. Notice of the request for Conditional Use was given as required by law and mailed
out to owners of property within a distance of 375 feet of the exterior limits of the properties upon which
the application was made.
The Planning Board of the City of Miami Beach makes the following FINDINGS OF FACT, based upon
the evidence, information, testimony and materials presented at t.l-te public hearing and which are part of the
of the record for this matter:
That the Use is consistent with the Comprehensive Plan for the area in which the property is located;
That the intended Use or construction will not result in an impact that will exceed the thresholds for
the levels of service as set forth in the Comprehensive Plan;
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;
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That necessary safeguards will be provided for the protection of surrounding property, persons, and
neighborhood values.
IT IS THEREFORE ORDERED, based upon the foregoing findings offact, the evidence, information,
testimony and materials presented at the public hearing, which are part of the record for this matter, and the
staff report and analysis, which is adopted herein, including the recommendations, that a Conditional Use
Permit as requested and set forth above be granted, subject to the following conditions to which the applicant
has agreed:
1. The Planning Board shall maintain jurisdiction of this Conditional Use Permit. This Conditional Use
is also subject to modification lH revocation under City Code Sec. 118-194 (c).
2. The term limit for this Conditional Use permit shall be from January 25, 2002 for installation of all
equipment to February 25, 2002 for the final removal of all equipment; Boat Show dates are
February 14 - 18,2002.
3. This approval is granted to Yachting Promotions, Inc., only, as operator; any change in the operator
of the subject temporary docks shallnQ1 be permitted. Any change in operator shall be consider as
a new application pursuant to Section 118-193 of the current Land Development Regulations.
4. 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.
5. The applicant shall enter into a lease agreement with the City of Miami Beach for use of the outlots
at 4600 Collins Avenue, subject to approval by the City Commission, prior to the issuance of a
Building Permit for the project. In the event that operational issues addressed herein are in conflict
with the City's lease, the operations as specified in the City's lease shall prevail.
6. 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.
7. 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 navigable channel for the 2002 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.
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8. The applicant shall coordinate installation of pilings and supply of power to the site with FPL
(Florida Power and Light Company).
9. 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.
10. 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.
11. 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 ofthe event.
12. 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 hours.
13. 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.
14. Marine vessels participating in the Boat Show event shall abide by all applicable marine regulations,
including, but not limited to, speed limits, wake area restrictions, right-of-way courtesy, etc,
especially in the area of the Miami Beach Rowing Club at 65th Street and Indian Creek Drive. The
applicant shall inform in writing all participating Boat Show captains of this requirement. Failure
to comply with this provision will be automatic grounds for revocation of this Conditional Use
approval.
15. 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 14-18, 2002 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.
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16. All participating show boats shall travel to and from the temporary marine docks at idle speed.
17. 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.
18. The applicant shall obtain an occupational license for the use of the parking lot at the Radisson
Deauville Hotel, located at 67th Street and Indian Creek Drive, pursuant to Section 138- I 92 of the
Land Development Regulations of the City Code for under-utilized parking. Additionally, the
applicant shall enter into agreements with the City's Parking Department for the use of the municipal
parking lots located on 79th through 82nd Streets Collins A venue. The applicant shall operate a
shuttle service between these locations and the Boat Show on a regular basis.
19. The applicant shall 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.
20. 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).
21. The applicant shall present a written progress report to the Department by March 1, 2002 to be
presented to the Board at its regularly scheduled meeting March, 2002. 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.
22. 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 required progress report, a written response from DERM
confirming that this requirement has been met.
23. This Conditional Use Permit shall be recorded in the Public Records of Miami-Dade County at the
expense of the applicant, prior to the issuance of a Building Permit, Certificate of Use, Certificate
of Occupancy or Occupational License, whichever occurs first; compliance with the aforesaid
conditions shall be a prerequisite to obtaining a Certificate of Occupancy.
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24. This order is not severable, and if any provision or condition hereof is held void or unconstitutional
in a final decision by a court of competent jurisdiction, the order shall be returned to the board for
reconsideration as to whether the order meets the criteria for approval absent the stricken provision
or condition, and/or it is appropriate to modify the remaining conditions or impose new conditions.
25. 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 114-8 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 corditions of this
Order shall also constitute a basis for consideration by the Planning Board for a revocation of this
Conditional Use.
PROVIDED, that the applicant shall build in accordance with the plans subtitted as part of this file and as approved
by the Planning Board with any applicable modifications. This Order does not constitute abuildinl! Dermit, 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 processedn accordance with and pursuant tothe ordinances of
the City of Miami Beach.
Dated this .F/tts.,- day of M Ve-A4 ;:; ct7<....
,
PLANNING BOARD OF THE
CITY OF MIAMI BEACH, FL
,2001.
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was.acknowledged .before ":,e ~is , .. d~y of AI G v'~ ~ /......, 2...N: I ,by Jor~
G. Gomez, AICP, Planning DIrector of the CIty of MiamI Beach, FIClIda, a FI a unJclpal CorporatIon, on behalf
ofthe corporation. He is personallv known to me U
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MY C~?M!~~,;{ii.:1..~;i.t~~;~"/2t~S~,
[NOTARIAL
Notary:
Print Name: c.-H)-.( L.CS A. ,A-FT
Notary Public, State ofFlonda
My Commission Expires:
Commission Number:
Approved As To Form:
Legal Department ( 4;:;eeL- ;:>.- 2-).-'/)
F:IPLAN\sPLBISEPTI200 111531-1':111531 CU_ WPD
Page 6 of6
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OF OADE COt.MY. FLCRJD.<
RECORD VERIFIED
HARVEY RUVIN
C1.I;RK C'RCU'T roll''-
.
CITY OF MIAMI BEACH
~.
1700 Convention Center Drive. Miami Beach. FL 33139
hllp:\\ci.miami-beach. fl. us
Planning Department
Telephone (305) 673-7550
Facsimile (305) 673-7559
October 29,2001
.-
Dane Graziano. Vice President
Yachting Promotions. Inc.
1115 Northeast 9th Avenue
Ft. Lauderdale, FL 33304
Re: File No. 1531 - The Yacht and Brokerage Show
Mr. Graziano:
Attached please find the original Conditional Use permit executed by Jorge G. Gomez,
AICP, Planning Director, on behalf of the Chairperson of the Planning Board of the City of
Miami Beach.
This original final order shall be recorded at the Office of Public Records of Miami-Dade
County, 44 W. Flagler Street, 8th Floor, Miami, Florida, at the earliest possible time, at
your expense. After recordation, please send the ORIGINAL RECORDED ORDER to the
Planning Department; building permits or licenses will not be issued until the recorded
Conditional Use Permit is received by the Planning Department.
If you have any questions, please do not hesitate to contact me at 673-7550.
Sincerely,
~~
' Mercy Lamazares/pjCP
Principal Planner
JGG:ML
F:\PLANISPLBISEP1\2001\1531_ T -1\1531 CUL T.WPD
MIAMI BEACH MARINE AUTHORITY
Whereas, the applicant listed herein has requested a hearing on the date set forth below, with regard to the specific use,
at the specific location set forth below; and,
Applicant: Show Management
Date: 9/11,2001
Type: ] Beach Front Watersport Concession
] Boat RentaVCharter on Bay or Canal
[ ] Waverunner/Jet Ski Rental
[ X ] Other, Specify:
Location of Proposed use: Indian Creek 4500 block
Upland Property Address
Upland Property Name
Whereas, on the above referenced date, the Miami Beach Marine Authority heard the above referenced applicant's
request with the regard to the aforestated proposed use and location, conducted said hearing, and heard comments from
all interested parties.
THEREFORE BE IT DULY RESOLVED that the Miami Beach Marine Authority hereby:
[] Does not Recommend that the applicant's request for the aforestated proposed use at the aforestated location
be approved by the City.
[ X ] Recommends that the applicant's request for the aforestated proposed use at the aforestated location be
approved by the City with the following conditions.
I) Conditions identified last year remain in affect.
2) There will be a clean up of the water and the park on the west side ofIndian Creek after the show.
3) The 80 foot channel width will be maintained.
4) Any portable toilets will be anchored.
Any recommendation made by the Marine Authority related to beachfront watersport concessions is subject to any and
all other Municip, te, and Federal requirements, including the receipt of fmal authorization to operate from the
Office of Asset anag men 'and securing a ity Occupational License.
Exhipjti2
Miami Beach Marine Authority
Recommendation
WHEREAS. the applicant listed herein has requested a hearing on the date set forth below, with re;;JId to the
specific use, at the specific location set forth below; and,
Applicant: Show Manacrernent, INc.
Type: 0 Beachtront Watersporr: Concession
!ik Boat RentaVCharter on the Bay or Canal Boat Show
Location of proposed use: INdian Creek f Collins Ave
(1.!pland Property Address)
Vatious 9ropercies
(L'pland Property :-<amel
Application Received: 6,1 5 ,I 2000
Date Item Heard: 7/11/2000
WHEREAS on the above referenced date, the Miami Beach Marine Authority heard the above referenced
applicant's request with regard to the aforestated proposed use and location, conducted said hearing, and neJId
comments from all interested parties.
THEREFORE BE IT DULY RESOL YED that the Miami Beach Marine Authority hereby:
o Does Not Recommend that the applicant's request for the aforestated proposed use at the aforesrated
location be approved by the City.
x~ Recommends that the applicant's request for the aforestated proposed use at the aforestated location be
approved by the City with the following conditions:
l.
2.
3.
4.
5.
6.Additional Exhibits
Applicant performs clean up on shoreline of Indian Creek after show.
Approval is for the Boat Show January 2001 to'Bebruary 2001
Any recommendation made by the Marine Authority related to beachfront watersport concessions is subject to any
and all other Municipal, County, State, and Federal requirements, including the receipt of fmal authorization to
operate from the Office of Asset Management, and securing a City Occupational License,
)
r ~
MB\TEMPIMAlUNEAU.RES
Exhibit 2
CITY OF MIAMI BEACH
MARINE AUTHORITY MEETING 7/11/2000
Attendance
Keith Hartley
Morris Sunshine
Bunny Patchen
Eric Wardle
Marcia Tavares
Hector Herrera
Mariane Argarra
Officer Pryor
Ted Bliss
Andrew Sett
Gordan Vincent
Bob Weir
Joe Donahue
Linda Arama
Raymond Heffron
Steve Boucher
Joaquin Ramirez
Al Weinstein
Dane Graziano
Pedro Becerra
Brian Friedman
Nancy Liedman
Mattie Bower
Joe Ramirez
Marine Authority
Marine Authority
Marine Authority (via phone)
Code Compliance
America Jet, Inc.
Miami Beach Sailing
Florida Beach Sports
Marine Patrol
Miami Beach Sailing
Playtime Waters ports
Playtime Water Sports
Surfside Watersports
Surfside Watersports
Sunset:-Iarbor
Sunset Harbor
Boucher Brothers
Baywatch Boat Rental
Sunpost
Yachting Promoting
Fragments on the Beach
Ft. Lauderdale WaterSports
Cormnission
Cormnission
J&D Boat Rental
Meeting was called to order at 9:3 At\-! Keith Hartley, two members were present Bunny Patchen was
contacted and attended via telephone. Stuart Reed and Ira Nusbaum were not present. Minutes of
June 13,2000 were read, one correction was made. There was a motion by Kieth Hartley and a
second by Morris Sunshine to approve the minutes the minutes were approved with a vote of 3-0.
An application from Miami Beach Surfside Water Sports, Inc. This application replaced the
application considered at the last meeting from Surfside WaterS ports, LLC. The applicants were Joe
Donahue and Bob Weir. Mastur Genib is not the ovmer or president of this business but will be
hired to manage the operation. There was a motion by Bunny Patchen and seconded by Keith
Hartley to approve the application with the following conditions:
I) All employees complete a Florida Safe Boating course within 60 days.
2) There will be a total of 5 Jet Skis, four for rental and one chase ski.
The applicant agreed to the conditions and the motion passed with a vote of 3-0.
The application from America Jet, Inc. for an operation at the Eden Roc with Bay Boat rentals was
deferred to the September 2000 meeting at the request of the applicant.
An application was made by Show Management requesting approval for the 100 I Miami Beach Boat
Show to be held in Indian Creek. There were reports from the Marine Patrol .md Code Compliance
that there were no problems at the last show and the clean up w'hich had been requested \vas done
to the Citv's satisfaction. There was a motion bv Keith Hartlev, seconded bv Bunnv Patchen to
~ ~.... ..
approve the application with the condition the \vaterway and the Properties on Collins A.ve. be
cleaned after the show. The applicant agreed to the condition and the motion passed 3-0.
Two applications were considered for Playtime WaterS ports. The first for a \vater sport operation
at the Alexander Hotel at 5125 Collins. There \vas a report from the Marine Patrol that there had
been no new violations issued to the applicant and several inspections which have been conducted
found them to be in compliance with all regulations. There \vas a motion by Keith Hartley and
seconded by Morris Sunshine to approve the application as requested with the follo\liing conditions
and or additions:
I) There \vill be no unescorted riders on personal water craft allowed from this location.
2) The two 18 foot pontoon boats will be equipped \vith a ma:'(imum 50hp motor.
3) The t\vo 19 foot center console boats, one ...ill be equipped with a 50hp motor and the second \liill
be equipped with a maximum 80hp motor.
4) The non motorized watercraft \'.ill be required to remain in sight of the dock at all times. and all
riders ...ill be required to wear a type 1,2 or 3 life vest. One power craft will be held in reserve to
act as a chase boat.
5) Employees will be required to pass a Florida Safe Boating course ...ithin 60 days of employment.
The applicant agreed to the conditions and the motion passed 3-0.
The second application was to add additional watercraft at the water sport operation at the Wyndham
Hotel at 4833 Collins Ave. These additions include; Six (6) 700 Yamaha Waverunners, six (6) non
-motorized Hydro-Bikes, and six (6) Kayaks. There was a motion by Keith Hartley and seconded
by Bunny Patchen to approve the application with the following conditions:
1) There will be no unescorted riders on personal water craft allowed from this location.
2) The non motorized watercraft ...ill be required to remain in sight of the dock at all times, and all
riders will be required to wear a type 1,2 or 3 lifevest. One power craft will be held in reserve to act
::.: '': -: :-:..:.:.: '; 'Jat.
3) Employees will be required to pass a Florida Safe Boating course within 60 days.
The applicant agreed to the conditions and the motion passed 3-0.
There was some discussion concerning the use of the Purdy Ave. Boat ramp. No new infonnation
had been provided from the Police Department and there has been no response from the City
Attorney's office. Bob Di.xon reported that Rhonda Montoya had responded to the board (probably
Ira Nusbaum) however, the board has no response as of this meeting. Raymond Heffron representing
, Sunset Harbor condominiums. addres3d the board expressing concems about the use 0t' the ramp.
especially at night. He complained about the use of the ramp by commercial jet ski operators and
the noise at night. The board responded they are \vaiting for a response from the City .-\ttomeys
office to address the issue of commercial use of the ramp. Kidh Hartley passed on to \Ir. Heffron
that Jackie Gonzalez had attended the last 1vbrine Authority meeting and will address the parking
concerns. Eric Wardle advised that Police and Code Compliance are making increased patro!s of
the boat r:J.mp. Commissioner Leidman addressed the board anJ r<:ported the .lfea is becoming more
residential. She asked if anyone was licensed tl)r commercial use of the ramp. Commissioner
Leibman was advised there were two applications \\ihich the board had approved that involved use
of the ramp for launching watercr:lf: only. No business could be conducted at the ramp.
Commissioner Leidman advised this was scheduled as an agenda item at the Commission meeting
on July 12.2000.
The letter requested at the \[ay 2000 board meeting \\iere reviewed. There was a motion by Keith
Hartley and seconded by \[orris Sunshine to not send the letter to the City \!an:lger requesting the
status of the boat exclusion zone. Kieth Hartley was aware of the current status and informed the
board that it is \\iaiting for State approv:l!. The motion passed 3-0_ There was a motion by \Ior.:s
Sunshine :10,1 seconded by Bunny Pat.:aen to approve and send 'he letter to the City .-\nomey
requesting to be informed of the status of any litigation concerning the list Street channel and
Fragments on the: beach. The motion passed 3-0. There \\ias a motion c.y .\-[orris Sunshine and
seconded by Bunny Patchen to redirect the letter requesting information about non motorized
watercraft to the :-"[anne Patrol, the motion passed 3-0.
There was discussion concerning the proposed Beach Rules and Regulations. Joe Damien requested
a recommendation from the Board concerning the channel \vidth. There was a motion by Morris
Sunshine and seconded by Bunny Patchen to recommend a tifty (50) foot channel width. The motion
passed 3-0. There was additional discussion concerning the placement of lifeguard stands and there
effect on water sport operations, the use of sailcraft and the use on non-motorized \\iatercraft. These
items were deferred until the September meeting when the full board \vould be present.
Keith Hartley had to leave the meeting and a quorum was lost. The meeting ended at 12:.+5P.\-l.
METROPOLITAN DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT
NA TIJRAL 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: ..)~U~~ z..~( I 't't~ EXPIRATION DATE: ~()~ z..~1 za:>S
FIVE YEAR PERMIT AS APPROVED BY THE BOARD OF COUNTY
COMMISSIONERS ON JANUARY 13,1998 RESOLUTION NO. 17- 2.3-'1'6
Exhibit.3
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AGREEMENT FOR COASTAL CONSTRUcrION
DADE COUNfY DEPARlMENT 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 Chan
Attachment C: Intracoastal Waterway Chart with shoals and seagrass areas
marked
2.
Location:
Waterway:
Indian Creek Waterway
East Side of Channel located between
4300 -5001 Collins Avenue
Miami Beach, Florida
Indian Creek Waterway
Sheet 2
SPECIFIC CONDmONS
1. The permittee is hereby advised that under Florida law, no person shall commence any.
excavation, filling, construction, or other activity involving the use of sovereign or other .
lands of the state, title to which is vested in the Board of Trustees of the Internal
Improvement Trust Fund or the Florida Department of Environmental Protection (FDEP).
until such person has received the required authorization for the proposed use from the
Board of Trustees or FDEP. If such work is done without consent, or if a person
otherwise damages state land or products of state land, the Board of Trustees may levy
administrative fines of up to $10,000 per offense pursuant to the Florida Administrative
Code.
2. The pennittee 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 pennit 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 pennit 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 pennit 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 pennittee shall maintain a minimum channel width of 120 feet during the installation
of the docks. ramps and pilings excludinl! the following dates, during which time the
Sheet 2A
permittee shall maintain a navigable channel not less than eighty (80) feet in width:
February 8 - 17, 1998
February 5 - 16, 1999
February 13 - 22, 2000
February 11 - 21, 2001
February 10 - 19,2002
The 120 foot channel shall be re-established on the first day following the last show date
during dismantling.
6. The permittee shall maintain a minimum 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 pennit, DERM determines that the one
hundred and twenty foot and/or the subsequent eighty-foot channel clearance requirement
is not adequate for navigation, the pennittee 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 pennittee determines that additional time is required to complete the
authorized activities (Le. breakdown or dismantling of the boat show) the permittee must
submit a modification request in writing for consideration a minimum of forty-eight (48)
hours prior to the last date authorized for the scheduled event
9. Rafting of vessels shall be restricted as follows:
a) All rafted vessels must be properly and securely moored in accordance with the
Miami-Dade County Mooring Code;
b) Rafted vessels and single vessels may not extend outside of the limits established in the
state's proprietary authorization;
c) A minimum channel clearance of eighty (80) feet must be maintained during the show;
d) Vessels shall not rafted in such a manner as to impede this 80 foot navigable channel;
e) Rafted of single vessels shall not impede access to the boat show or to Indian Creek
Waterway;
t) 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 (I) foot clearance shall be maintained between the submerg~
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. Thesemeasures
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 reconunends that a no-wake policy be enforced in the waters adjacent to the
project area.
c) Turbidity curtains shall be made of material in which manatees cannot become
entangled. Said curtains shall be properly secured, and shall be regularly monitored to
avoid manatee entrapment. Curtains shall not block manatee entry to or exit from
essential habitat.
d) All construction personnel shall be advised that there are civil and criminal penalties
for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida
Manatee Sanctuary Act of 1978. The permittee and contractor will jointly be held
responsible for any manatee harmed, harassed, or killed as a result of construction
activities.
e) All vessels associated with the project shall operate at "no wake/idle" speed s at all
times while in water adjacent to the property where the draft of the vessel provides
less than a four foot clearance from the bottom All vessels will follow routes of deep
water whenever possible.
Sheet 2C
f) All vessels associated with this project and that are being displayed at this boat show
shall operate in compliance with all posted speed restrictions, marine regulations,
right-of-way courtesy, etc. while in Dade County waters.
g) All in-water constrUction and/or demolition activities shall cease upon the sighting of a
manatee(s) within three hundred (300) feet of the project area. Construction activities
will not resume until the manatee(s) has departed the project area.
h) Any collision with and/or injury to a manatee shall be reported immediately to the
"Manatee Hotline" (1-800-DlALFMP) 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 iricidents and sighting shall
be submitted to the Florida Department of Environmental Protection (FDEP), Marine
Research Institute Office of Protected Species Research, 100 Eighth Avenue,
Southeast, St. Petersburg, Florida 33701-5095, the U.S. Fish and Wildlife Service,
3100 University Blvd., Jacksonville, Florida 32216, and to DERM within sixty (60)
days of project completion each year the boat show is held.
k) Prior to conunencement 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 Habitat/ldle Speed in Construction Area".
In the absence of a vessel the placard will be located prominently adjacent to the
issued construction permit. A second temporary 8 1/2" by 11" placard reading,
"Warning Manatee Area" will be posted in a location prominently visible to water
related construction crews. A temporary constrain notice criteria sheet (temporary
notices are constructed by permittee) is attached. Temporary notices will be removed
by the permittee upon completion of construction.
I) Manatee awareness signs shall be installed and maintained (facing land) at the boat
show. Prior to initiation of construction, the permittee will send a project site plan to
the FDEP, Division of Marine Resources Office, Protected Species Management, 3900
Commonwealth Boulevard, Tallahassee, Florida 32399. FDEP shall specify
permanent location for "Caution Manatee Area" and Information Display" signs.
m) The manatee awareness signs will read "Caution Manatee Area" and shall be 3' x 4',
125 gauge 61TS aluminum, covered with white, engineer grade, reflective sheeting;
black screened lettering and design; and orange, engineer grade, reflective circle and
border. These signs shall conform to the Florida Uniform Waterway Marking System
Sheet 2D
n) in accordance with F.S. 327.40-1. The installation of these signs shall be made in
accordance with the FDEP specification for such signs. Sign installation specification
sand a permanent manatee awareness sign criteria sheet may be attached or will !:>e
forwarded when permanent sign location are designated by FDEP.
0) An "Informational Display" (consisting of two signs "Manatee Basics for Boaters" and
''West Indian Manatee Fact Sheet" shall be installed prior to the boat show dates. The
purpose of the display is to advise all patrons of the boat show of the presence of
manatees and of the need to minimize the threat of boats to these animals. Permanent
"Information Display" location will be specified by FDEP personnel when permanent
sign location sites are designated (see item k above). A list of suppliers of the
"Informational Displays" will be forwarded with permanent site plans. The
"Informational Display" signs and piling remain the responsibility of the owner(s) and
are to be maintained for the life of the permit in a manner acceptable to FDEP and
DERM.
p) Verification that permanent signs have been installed at designated location shall be
provided to FDEP, Protected Species Management (see item k above), and DERM
before the boat show begins operations. Signs and piling remain the responsibility of
the owner(s) are to be maintained for the life of the facility in a manner acceptable to
FDEP.
14. Navigational reflectors shall be installed on the perimeter mooring piles in accordance with
U.S. Coast Guard standards.
15. DERM shall be notified a minimum of forty-eight (48) hours prior to the commencement
of construction and again upon completion of the removal of all structures and materials
associated with the project at (305) 372-6575, unless otherwise noted.
16. If all materials associated with the project have not been removed within the thirty (30)
day time period referenced in the proprietary authorization from the State of Florida,
enforcement action shall be taken by this Department which will included the revocation of
this permit and all or a portion of the performance bond.
17. The temporary docks, pilings, ramps and moored vessels shall not extend outside the
footprint permitted through the state's proprietary authorization. It shall be a violation of
this permit for any structure authorized by this permit to be installed and/or maintained
outside the footprint permitted through the state's proprietary authorization.
18. Navigational reflectors shall be installed on the perimeter mooring piles in accordance with
U.S. Coast Guard standards. All pilings at the entrance and exit of the 80 foot clearance
channel shall be equipped with electric warning lights, operating 24 hours a day.
Sheet 2E
19. The permittee agrees to provide the following patrol/escort vessels as follows:
a) patrol boats (Indian Creek Marine Patrol. Florida Marine Patrol, and Miami-Dade
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 a ten
day period, 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 24-1 1 (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 sIrul.ll
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 (ie. $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 finstallation 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 Commissiom,rs
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 (Le. 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
seagrasses 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 I 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 TIlE AFOREMENTIONED "SPECIFIC CONDmONS" LISTED
ABOVE ON SHEETS 2A THROUGH 21 AND FULLY UNDERSTAND TIlEM. I
AGREE TO FULLY COMPLY WITH ALL CONDITIONS OF THIS PERMIT. I
UNDERSTAND AND ACKNOWLEDGE THAT FAILURE TO COMPLY WITH ALL
CONDITIONS OF THIS PERMIT MAY RESULT IN BOND FORFEITURE, PERMIT
REVOCATION. FINES. AND/OR THE FILING OF AN ENFORCEMENT ACITON
AGAINST ME BY DERM.
I HEREBY ACKNOWLEDGE THAT I AM FULLY RESPONSIBLE FOR THE
IMPLEMENTATION OF ALL WORK AUTHORIZED UNDER TIllS PERMIT
AGREEMENT AND AGREE TO TAKE FULL RESPONSIBILITY FOR ENSURING
ADHERENCE TO ALL CONDITIONS. LIMITATIONS AND RESTRICITONS
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 DIRECT OR INDIRECT CONfRACfUAL OBLIGATIQN
TO ME WITH RESPECT TO THE WORK AUTHORlZED HEREIN. I FURTHER
AGREE TO ENSURE THAT ALL SUCH EMPLOYEES, AGENTS, AND PERSONS
SHALL ABIDE BY ALL. CONDITIONS, LIMITATIONS AND RESTRlCTIONS
CONTAINED IN THIS PERMIT.
Signed:
N~~
PERMITIEE
Date:
I ~ 'Y2-j't:
Sheet2J
3. Name. Address and Phone of Contractor: (Must be
Permittee: Licensed bv Dade County)
Yachting Promotions, Inc. Denmar Marine, Inc.
1115 NE 9 Avenue 6733 Calle Del Par North
Ft Lauderdale, Florida 33304 Boca Raton, Florida 33343
4. DERM Proiect Manal!er: JoAnne Clingerman
5. ADDroximate Costs:
Item Estimated Cost Bond Amount
Cost of Construction (5 year period) $50,000.00 N/A
Performance and Mitigation Bond 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. Al!encies other than DERM from which aDDroval 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: ~
~m
IN WITNESS WHEREOF the said DADE COUNrY, 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
r
~"-
"
.
ltO
BROKERAGE YACHT SHOW
COMMENCEMENT SCHEDULE
Dock Installation
January 26 - February 5, 1998
February 6 - 11, 1998
February 12 - 16, 1998
February 17 - 19, 1998
February 16 - 22, 1998
Move-In Boats
Show Dates
Move-Out Boats
Dock Removal
Brokerage Yacht Show
Five-Year calendar
'98 February 12-16, 1998
'99 February 11-15, 1999
2000 February 17-21, 2000
2001 February 1.5-1.9, 2001.
2002 February 1.4-18, 2002
-
ATTACHMENT A: CONSTRUCTION SCHEDULE --
& 5 YEAR SHOW rAT~NnAP
1115 Northeast 9th Avenue, Fort Lauderdale, Florida 33304 _
(954) 764-7642. (800) 940-7642. Fax (954) 462-4140. Website: www.showmanagement.com
BROKERAGE YACHT SHOW
COMMENCEMENT SCHEDULE
.
DOCK INSTALLATION
January 25 - February 4, 1999
January 28 - February 28, 2000
January 25 - February 8, 2001
January 25 - February 7, 2002
January 25 -- February 6, 2003
"MOVE IN BOATS"
February 5- 10, 1999
February 11 - 16, 2000
February 9 - 14, 2001
February 8 - 13, 2002
February 7 - 12, 2003
SHOW DATES
February 11 - 15, 1999
February 17 - 21, 2000
February 15 - 19, 2001
February 14 - 18, 2002
February 13 - 17, 2003
"MOVE OUT BOATS"
February 16 - lA, 1999
February :22 - 24, 2000
February 20 - 22, 2001
February 19 - 22, 2002
February 18 - 22, 2003
DOCK REMOVAL
February 19 - 25, 1999
February 25 - 28, 2000
February 22 - 25, 2001
February 22 - 25, 2002
February 22 - 25, 2003
Y ACHIING I-'ROMOTlON5, INC.
Boat Show Management and Production
YACHTING PROMOTIONS-GULF, INC.
Boat Show Management and Production
...- --. .-- ..- .
S!-!OV.' r.1.'\t';/\GEMEtJT CC>N'.'Et~TION S[!':V)CC:S
Public and Trade Show Exhibit SeNices
SHOW MANAGEMENT CONCESSIONS
Event Food and Beverage SeNices
SHOW MANAGEMENT ELECTRIC
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~CfOR IS A CORPORATION: -
~~ _ .. .tJ,"''''....//?..,-', ~~;t;:;.J:t",LV"
/' ~e y (Correct Name of Corporatlon) - _
DA1E p:l}G BY ~~ ~.
President (AFFIX CORPORATE SEAL):
DA1E / . 'l- r-If ("
President
WHEN THE PERMITTEE IS A CORPORATION:
,iJI7~ ~77/' #77#1'> ~
Secretary (Correct Name of Corporation
BY ~~___
(AFFIX CORPORATE SEAL)
DEPAR1MENT OF ENVIRONMENTAL RESOURCES MANAGEMENT
IssuedOn:~I~Zi I~'~~ ~
t Director or his Designee
THE ISSUANCE OF THIS PERMIT DOES NOT RELIEVE THE PERMITTEE
AND/OR CONTRACfOR FROM OBTAINING ALL REQUIRED FEDERAL, STATE
AND LOCAL PERMITS.
Sheet 4
MIAMI-DADE COUNTY. FLORIDA
..-
8ERM
VIA FACSIMILE
ENVIRONMENTAL RESOURCES MANAGEMENT
NATURAL RESOURCES DIVISION
33 S.W. 2nd AVENUE
MIAMI, FLORIDA 33130-1540
(305) 372-6789
FAX (305) 372-6630
January 15, 1999
Mr. Dane Graziano, Vice President
Yachting Promotions. Inc.
1115 NE 9th Avenue
Fort Lauderdale, Florida 33304
CERTIFIED MAIL NO. Z 428 459 659
RETURN RECEIPT REQUESTED
Re:
Modification to Miami-Dade County ~ass I Permit Application CC97-192: Floating
Docks. Piles. Ramp and Covered St tures for the Brokerage Yacht Show located
between 4333 Collins and 5001 Collins Avenue. Miami Beach, Miami-Dade County,
Florida
Dear Mr. Graziano:
The Department of Environmental Resources Management (DERM) has reviewed your request to
mcxlify the above referenced permit to include 56 additional floating docks, 19 additional pilings
and a maximum of 31 ramps to accommodate the annual Brokerage Yacht Show. This
Department has not objection to the proposed mcxlification orovided the followinl! conditions are
met.
1. The total number of floating docks and ramps permitted through Miami-Dade County Qass I
Permit CC97 -192 and this mcxlification shall not exceed the maximum total of 650 floating
docks and ramps and 220 pilings.
2. The proposed additional docks. ramps and pilings shall be located entirely within the
boundaries of Sovereignty Submerged Land Special Event Lease issued by the Florida
Department of Environmental Protection. *
3. Structural and zoning approvals shall be obtained from the City of Miami Beach for the
proposed structures.
4. The proposed additional structures shall not increase the number of boat slips over that
permitted through Miami-Dade County Class I Permit CC97-192. No greater than 475 slips
are authorized at the subject location without prior approval from both DERM and the Miami-
Dade County Board of Commissioners (BCC).
5. The permittee shall submit a aerial photograph of the entire boat show within thirty (30) days
of the last date of the annual boat show. Said photograph shall encompass the entire area of
the boat show and any structure or vessel associated with the Brokerage Yacht Show. This
condition shall be fulfilled annually for the 1999, 2000, 2001, and 2002 Brokerage Yacht
Shows.
.Please be advised that you are currently in violation of Miami-Dade County Class 1 Pe~mit
CC97-192 Condition No.2 which required you to submit documentation that the sovereignty
submerged land special event lease was renewed for the 1999 Brokerage Yacht Show. Failure
to submit this documentation within ten (10) davs of receiDt of this letter shall cause this
DeDartment to revoke this modification aDoroval and shall subiect vou to further
enforcement. includinl! but not limited to. revocation of the Class 1 Permit.
Because of the proposed layout for the 1999 Brokerage Yacht Show expands the show in a north-
south direction while reducing the east-west expansion, thereby providing better navigational
access through Indian Creek and because no significant benthic habitat exists in the proposed area
for expansion, this Department has no objection to the proposed modification provided the
permittee complies with all of the aforementioned conditions. This letter therefore constitutes
approval for the aforementioned structures in accordance with the plans entitled, "Special Purpose
Submerged Land Survey"; signed and sealed by Alan J. Davis on September 30. 1998; approved
by DERM and in accordance with the conditions on sheets 2A through 21 of the permit.
Please note that this letter must be attached to the original permit (CC'97-192) as evidence of
approval from DERM for this modification. The entire permit shall be kept on site during any
construction, operation and demolition work.
As a reminder, if you intend to modify the permit to increase the number of boat slips. you must
obtain prior approval from the BCC and DERM. DERM recommends that you submit a standard
form application as soon as possible if you intend to seek additional boat slips for the Brokerage
Yacht Show in the year 2000. You may also need permits or permit modifications from the Florida
Department of Environmental Protection and the U.S. Army Corps of Engineers.
If you have any questions regarding the above please contact me at (305) 372-6575.
Sincerely,
-r:c; -,
JoAnne Clingerman, Head
Coastal Permitting Program
cc: Chuck Schnepel, USACE
Richard Stalker, FDEP (West Palm Beach)
Mary Murphy, FDEP (West Palm Beach)
Carol Knox, FDEP (Tallahassee)
Malcolm Foley, City of Miami Beach
~~~"","d_~"C;'-
-, I
rrMlI This notice of authorization must be
~ conspicuously displayed at the site of work.
United States Army Corps of Engineers
E)(,?\l"ZES o~
. ~" ::s~~,,_ .. ~'5
I
A permit to Pi...lliIc.z; \'IL'''-lb5 ~ ~\.eI:llT'loJ.t, bc:.c:k.5 ~12 --ru; I't\\l>......., SeA\"
~~w
at
~....U)l.A~ c~lc:.. 1't"~~1 ~~. S>~E ~_~)oL'rV i=le!t.lb~
, ,
has been issued to ~Il..ll' PJ1...~"1"'\.-.lb !:Nr
'"
on.1/ ~ 199R
Address of Permittee \\\ 5 N e q-\"- ~$.
"
Fr. """''''''''''''', f'u.- "fO-J-
~~.~~
~ :lCf. R. I"MLlZ-L
District Commander
CO b.~R U.s.~-f
~
Permit Number
I \"1'03.3,9(, (J;';>-RV I
ENG FORM 4336. JUL 81 (ER. 1145-2-303) EDmON OF JUL 70 MAY BE USED
(P1lIpOMfIt CECW.())
""~.,
Exhibit 4
DEPARTMENT OF THE ARMY
JACKSONVILLE DISmlCT CORPS OF ENGINEERS
C/O SOUTH FLORIDA WATER MANAGEMENT DISTRICT
P.O. BOX 24680
WEST PALM BEACH, FLORIDA33416-4680
REPLV TO
A TTENnoH 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,
()
RoR."~ L....J Po......~I..~. ~ j /
",_.;;... Hanley K. Smith
~ Acting Chief, Regulatory Division
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IN: INDIAN CREEK
VICINITY MAP
AT: 43-50 StreetCOLLINS AVE.
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COUNTY OF: DADE
LATITUDE: 25: 49 : 22
SCALE OF MILES
LONGITUDE:
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US ARMY CORPS OF ENGINEERS
Permit No.:....1SS 0 3r':;"2 Ie
Page I of 7
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en
BROKERAGE YACHT SHOW
COMMENCEMENT SCHEDULE
Dock Installation January 26 - February 5, 1998
Move-In Boats February 6 - 11, 1998
Show Dates February 12 - 16, 1998
Move-Out Boats February 17 - 19, 1998
Dock Removal February 16 - 22, 1998
US ARMY CORPS OF ENGINEERS
PermiINo.: 19q0 '31'~ 2k
Page ~ of :I-.
Dale: Size.. lei'
-'
1115 Northeast 9th Avenue, Fort Lauderdale, Florida 33304
(954) 764-7642 . (800) 940-7642 . Fax (954) 462-4140 . Website: www.showmanagemellt.com
BROKERAGE YACHT SHOW
COMMENCEMENT SCHEDULE
DOCK INSTALLATION
January 25 - February 4, 1999
January 28 - February 28, 2000
January 25 - February 8, 2001
January 25 - February 7, 2002
January 25 -' Feb"ruary 6, 2003
"MOVE IN BOATS"
February 5 - 10, 1999
February 11 - 16, 2000
February 9 - 14, 2001
February 8 - 13, 2002
February 7 - 12, 2003
SHOW DATES
February 11 - 15, 1999
February 17 - 21, 2000
February 15 19, 2001
February 14 - 18, 2002
February 13 - 17, 2003
"MOVE OUT BOATS"
February 16 - lR, 1999
February 22 - 24, 2000
February 20 - 22, 2001
February 19 - 22, 2002
February 18 - 22, 2003
DOCK REMOVAL
February 19 - 25, 1999
February 25 - 28, 2000
February 22 - 25, 2001
February 22 - 25, 2002
February 22 - 25, 2003
...._. .
---- _.- - ____.
SHOW r.',l\NI\GEMENT CCl~!\!~~!TION SERVICES
Public and Trade Show Exhibit Services
SHOW MANAGEMENT CONCESSIONS
Event Food and Beverage Services
SHOW MANAGEMENT ELECTRIC
YACHTING PROMOTIONS, INC.
Boat Show Management and Production
YACHTING PROMOTIONS-GULF, INC.
Boat Show Manaqement and Production
..
- --------- management, inc.
1115 Northeast 9th Avenue, Fort Lauderdale, Florida 33304
(954) 764-7642 . (800) 940-7642 . Fax (954) 462-4140 . E-mail: ttlboatsho@aoJ.com
Brokerage Yacht Show
Five-Year calendar
'98
'99
2000
2001
2002
February _12-16, 1998
February 11-15, 1999
February 17-21, 2000
February 15-19, 2001
February 14-18, 2002
US ARMY CORPS OF ENGINEERS
Permit No.: \<<1 (IC' '3 \ 3 2,....
Page 3- of .::!..-
Date: 8 I '2 Ie I '\1
YACHTING PROMOTIONS. INC.
Baal Show Managemenl
SHOW MANAGEMENT CONVENTION SERVICES
PubliC and Trade Show ExhIbIt Ser\lIces
SHOW MANAGEMENT CONCESSIONS
Elr'enl F(,ad and Beverage Service
SHOW 'H.NAGEMENT ELECTRIC
\,onl/' -'rlC SPrvIC~
YACHTING PROMOTlONS.GULF. INC.
~oa' Sh()w Manaq(:lrm>r'l
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT COR~S OF E.N<";'lt"EE;:AS
PO SOX 4970
JACKSONvILL.E FLORIOA 32232-0019
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JOHNF STUDT
USACE S PERMITS BR
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PO BOX 24680
WEST PALM BEACH, FL 33416
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u.S. POSTAGE
PAID
Jacksonv~". FL
Pennl No. 1442
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DEPARTMENT OF THE .ARMY PERMIT
Permittee: YACHTING PROMOTIONS, INC.
Permit Modification No. 199031326 (IP-BP)
Issuing Office: U. S. Army Engineer District, 'Jacksonville
NOTE: The term "you" and its derivatives, as used in this permit,
means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of
the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under
the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and
conditions specified below.
Project Description: The temporary construction of up to 475
floating boat slips, and the placement of approximately 200 mooring
piles. Also to include the establishment of a temporary
navigation channel in Indian Creek, marked by buoys, as shown and
described on attached plans numbered 199031326 (IP-BP) in sheets 1-
5 of 7, dated 8/26/97. This work is for the purpose of conducting
the "Miami Boat Show" as a yearly event. This permit instrument
supersedes 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 f~ith
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 provl.sl.ons of the "Standard Manatee
Construction Conditions" (copy attached) .
(b) Have in operation, during all construction and/or show
operation times, at least one vessel, which shall function as an
escort vessel, leading resident boat traffic safely through the
2
construction/show site. Once show vessels begin arriving and tying
up to their berthing sites, an additional vessel shall be in
operation, functioning as a water safety monitor, ensuring that
construction vessels and inbound and outbound yachts observe all
safe boating rules and regulations. -
(c) Establish an 80' wide navigation channel from beginning to
end of the construction site. This channel shall be identified
with floating buoys, marked in accordance with U.s. Coast Guard
requirements.
2. All temporary pilings along the 80' wide temporary channel
shall be marked in accordance with U.s. Coast Guard regulation
reflective markings. Also the pilings at the entrance and exit of
the 80' wide navigation channel shall be equipped with electric
warning lights, operating constantly.
3. Removal of all temporary structures and associated materials
from the waters of Indian Creek shall be completed no later than 14
days following the end of the Miami Boat Show. Permittee shall
provide written verification of this removal, along with
photographic evidence, to the Corps of Engineers, Miami Regulatory
Office within 7 days of clean-up completion and/or may schedule an
onsite meeting with staff from the Miami Regulatory Office during
that time period.
4. Within 30 days of completion of this event, the permittee will
forward to the Miami Regulatory Office a report which summarizes
how they complied with the permit conditions and/or any
difficulties encountered.
5. Prior to any further event, and at least 60 days before
construction is to begin, the permittee will notify the Miami
Regulatory Office of the proposed construction and boat show
schedule to allow the Corps to make any recommendations and/or
chenges to the project.
6. See attached Specific Conditions from Florida Department of
Environmental Protection Permit Number 13-0127050-001, issued
20 January 1998, pages 5-8 (and attachments) which are incorporated
into and made a part of this permit.
3
Further Information:
1. Congressional Authorities: You have been authorized to
undertake the activity described above pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.
403) .
() Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, 'Research and
Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other
Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive
privileges.
c. This permit does not authorize any injury to the property or
rights of others.
d. This permit does not authorize interference with any
existing or proposed Federal projects.
3. Limits of Federal Liability. In issuing this permit, the
Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result
of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result
of current or future activities undertaken by or on behalf of the
United States in the public interest.
c. Damages to persons, property, or to other permitted or
unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the
permitted work.
e. Damage claims associated with any future modification,
suspension, or revocation of this permit.
4
4. Reliance on Applicant's Data: The determination of this office
that issuance of this permit is not contrary to the public interest
was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its
decision on this permit at any time the circumstances warrant.
Circumstances that could require a reevaluation include, but are
not limited to, the following:
a. You fail to comply with the terms and conditions of this
permit.
b. The information provided by you in support of your permit
application proves to have been false, incomplete, or inaccurate
(see 4 above).
c. Significant new information surfaces which this office did
not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is
appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such
as those contained in 33 CFR 326.4 and 326.5. The referenced
enforcement procedures provide for the issuance of an
5
administrative order requlrlng you comply with the terms and
conditions of your permit and for the initiation of legal action
where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as-
those specified in 33 CFR 209.170) accomplish the corrective
measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for
the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the
authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a
request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and
agree to comply with the terms and conditions of this permit.
~
'e~s. e<.:'\
\ /&a1Cj Ie
/ (DAT)
This permit becomes effective when the Federal official, designated
to act for the Secretary of the Army, has signed below.
~wP,,-,-<1C- ~
(DISTRICT ENGINEER)
f<' ~ JOE R. MILLER
~ Colonel, U.S. Army
District Engineer
\ (-ze/Q8
(DATE)
6
(NAME - PRINTED)
(ADDRESS)
(CITY, STATE, AND ZIP CODE)
7
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Legislative Matter
Page 1 of 4
Miami-Dade Legislative Item
File Number: 974256
---------;._~-- ..-.. --.-- -------------~---~--------_._------_._- " ------------..------
-----------_. ----~_.__._---------~----------_._-----_.._----_._-- ,-,-------------------------
File Number: 974256 File Type: Resolution Status: Adopted
Version: 0 Reference: R-23-98 Control: County
Commission
File Name: CLASS I PERMIT APPLICATION & VARIANCE Introduced:
BY YACHTING PROMOTION 12/8/1997
Requester: County Cost: Final Action: 1/13/1998
Manager
Agenda Date: 1/13/1998 Agenda Item Number: 4HH
Notes: Title: RESOLUTION RELATING TO AN APPLICATION AND VARIANCE
REQUEST BY YACHTING PROMOTIONS, INC. FOR A CLASS I
PERMIT TO INSTALL AND REMOVE TEMPORARY FLOATING
DOCKS, RAMPS, PILINGS AND CANOPIES ANNUALLY IN
FEBRUARY FOR THE BROKERAGE YACHT SHOW LOCATED
AT 4300 - 5001 COLLINS AVENUE, MIAMI BEACH, MIAMI-DADE
COUNTY, FLORIDA
Indexes: NONE Sponsors: NONE
Sunset Provision: No Effective Date:
Registered Lobbyist: None Listed
Expiration Date:
Acting Body
Date
Legislative History
Agenda Action Sent Due Returned Pass/Fail
Item To Date
Board of County
Commissioners
1/13/1998 4HH
Adopted
p
Legislative Text
TITLE
RESOLUTION RELATING TO AN APPLICATION AND VARIANCE REQUEST BY
YACHTING PROMOTIONS, INC. FOR A CLASS I PERMIT TO INSTALL AND
REMOVE TEMPORARY FLOATING DOCKS, RAMPS, PILINGS AND CANOPIES
ANNUALL Y IN FEBRUARY FOR THE BROKERAGE YACHT SHOW LOCATED
AT 4300 -500 1 COLLINS AVENUE, MIAMI BEACH, MIAMI-DADE COUNTY,
FLORIDA
BODY
Exhibit 5
http://co.miami-dade . fl. us/ govaction/matter .asp ?matter=97 4256
12/12/01
Legislative Matter
Page 2 of 4
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying
memorandum, a copy of which is incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board having
considered all of the applicable factors set forth in Sections 24-58.3 and 24-59.2 of the
Code of Miami-Dade County, Florida, hereby approves the application by the Yachting
Promotions, Inc. for a Class I permit and variance request from Section 24-59.1 ofthe
Code of Miami-Dade County, Florida, to install and remove temporary floating docks,
ramps, pilings and canopies annually in February for the Brokerage Yacht Show located at
4300 - 5001 Collins Avenue, Miami Beach, Miami-Dade County, Florida subject to the
conditions set forth in the memorandum from the Director of the Miami-Dade County
Department of Environmental Resources Management, a copy of which is attached hereto
and made a part of hereof. The issuance of this approval does not relieve the applicant
from obtaining all applicable Federal, State and local permits.
HEADER
TO: Armando Vidal, P.E. DATE: December 4, 1997
County Manager
SUBJECT:Class I Permit Application and Variance Request by Yachting Promotions, Inc.
FROM: John W. Renfrow, P.E., Director
. Environmental Resources Managment
STAFF RECOMMENDATION
I have reviewed the Class I permit application and variance request by Yachting
Promotions, Inc. Based on the applicable evaluation factors set forth in Sections 24-58.3
and 24-59.2 of the Code of Miami-Dade County, Florida, I recommend that the Board of
County Commissioners approve the aforesaid application and variance request for the
reasons set forth below.
MANAGER'S BACKGROUND
The subject permit application involves the annual, short term installation of 563
temporary floating docks, 30 ramps and 201 pilings to create no greater than 475 boat slips
for the annual Brokerage Yacht Show on the Indian Creek Waterway located at 4300-
5001 Collins Avenue, Miami Beach, Miami-Dade County, Florida. In addition, the
applicant is requesting a variance to place 54 temporary canopies over some of the floating
docks for the show and to extend the time period that the permit is valid. The floating
docks, ramps, pilings and canopies shall be installed and removed within a thirty (30) days
time period surrounding the boat show [the show will occur in February and will last
approximately five (5) days].
The boat show has been held annually at the subject location and has been permitted by
Miami-Dade County Department of Environmental Resources Management for the last six
years. A similar application and variance request was approved by the Board of
Commissioners last year through Resolution No. R-82-97 for the 1997 boat show. Miami-
Dade County Class I Permit CC96-266 was issued to Yachting Promotions, Inc. for the
annual installation of temporary structures associated with the boat show. However, the
Class I Permit was valid only for the time period that the submerged lands lease from the
http://co.miami-dade.fl. usl govaction/matter .asp ?matter=97 4 256
12/12/01
Legislative Matter
Page 3 of 4
State of Florida was valid. The permit expired prior to the applicant obtaining a renewal
on the submerged lands lease. The applicant has renewed the submerged lands lease from
the State of Florida which is valid for a five year period. Therefore, the applicant is
requesting a five year Class I Permit (three years is the standard Class I permit time
frame). The display tents, covered entertainment and concession platforms are defined as
non-water dependent floating structures and are prohibited pursuant to Section 24-59.1 of
the Code of Miami-Dade County, Florida, and the Board of County Commissioners is
empowered to grant variances to this prohibition if appropriate.
DERM recommends that the variance be granted and the project be approved based on the
following conditions, which the applicant has agreed to. The boat show: I) will be located
over submerged
lands owned or leased entirely by the applicant; 2) will not impact viewing corridors on to
and off of the water because of its temporary nature and because it will be located in an
area with similar docking facilities; 3) will not cause significant navigational impacts
because the following measures will be implemented: a) patrol boats (Indian Creek Marine
Patrol, Florida Marine Patrol, and Miami-Dade 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; 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 a ten day period, including arrival, show dates and
departure of show vessels; c) the outer pilings associated with the boat show and located at
the west end ofIndian Creek shall only be installed for a ten (10) day period at which time
a minimum channel clearance of eighty (80) feet shall be maintained at all times (prior to
the installation of the outer pilings, a channel clearance of 120 feet shall be maintained); d)
the applicant will ensure that all vessels associated with the project follow safe boating
practices and that sufficient lights andlor reflector material is installed on the proposed
structure to provide warning at night; 4) is not expected to adversely affect surface water
quality because upland restroom facilities will be provided and no sewage will be
discharged into surface waters (mitigation will be provided for water quality impacts
associated with the temporary installation, operation and demolition of the boat show
facility); 5) is designed to be aesthetically compatible with the surrounding area because it
is adjacent to similar docking facilities; 6) is not expected to cause significant long-term
environmental impacts since there are no significant benthic resources present within the
project area, the project is not located within an area considered essential habitat for the
West Indian Manatee under the Miami-Dade County Manatee Protection Plan, all standard
manatee protection provisions will be implemented and all shoal areas or seagrass beds
located within or adjacent to navigational channels used for the arrival and departure of
vessels will be delineated with markers to avoid impacts.
The proposed project will result in water quality impacts typically associated with the
construction, operation and demolition of a docking facility for the boat show. These
impacts have been minimized to the maximum extent feasible and will be successfully
mitigated by the placement of95 cubic yards oflimerock riprap boulders at a DERM-
approved off-site location for each year that the permit is valid, in order to provide habitat
for invertebrates and small fish.
Pending Commission approval of the variance and Class I Permit, the applicant has agreed
to post a $25,000.00 performance bond to ensure compliance with the above referenced
requirements, in addition to compliance with conditions of the Class I Permit, and to
mitigate for water quality impacts associated with the installation, demolition and
http://co.miami -dade. fl. usl govactionlmatter.asp?matter=97 4256
12/12/01
Legislative Matter
Page 4 of 4
operation of the boat show.
The proposed project has been designed in accordance with all other relevant Miami-Dade
County coastal construction criteria and is also fully consistent with all other Miami-Dade
County coastal protection criteria. Please find attached a project report from the DERM
Coastal Resources Section which outlines in more detail the reasons why the project is
recommended for approval by DERM pursuant to the applicable evaluation factors set
forth in Sections 24-58.3 and 24-59.2 of the Code of Miami-Dade County, Florida. The
conditions and restrictions set forth in the project report are adopted herein by reference.
- ---~--_..- -~-_._-------_.__._".._-
. ----.-----------------" ----..--------- - .
HQm~ I ,A.Jlemj!l~ I MjIlY~~ I ~Elgi~l!lt[I1!L~e_!Irch I !.obbyist RElgistJ'!I~91l I LElgisl;ltiyeRElPortJ;
M[!Iml:P!l!l_~ -'&un\}'kQ!J_~QLQrdinances_.
HQm~ I 1..IJ;illil9J.!L~1te I "'PQ!l.L I f'h_<1-nJ'_DU:e_c;1Q!}' I Privjt<<Y I Dis_cll!Ll1'lef
ii@
Iii!
E-mail your comments, questions and suggestions to Webmaster
@ 2001 Miami-Dade County_
All rights reserved_
http://co.miami-dade.fl. US/ govactionlmatter .asp ?matter=97 4 256
12/12/01
MEMORANDUM
TO:
Armando Vidal, P.E.
County Manager
DATE:
December 4, 1997
SUBJECT:
Class I Permit Application and Variance
Request by Yachting Promotions, Inc.
FROM: John W. Renfrow, P.E., Director
Environmental Resources Managment
RECOMMENDATION
I have reviewed the Class I permit application and variance request by Yachting Promotions, Inc.
Based on the applicable evaluation factors set forth in Sections 24-58.3 and 24-59.2 of the Code of
Miami-Dade County, Florida, I reconunend that the Board of County Commissioners approve the
aforesaid application and variance request for the reasons set forth below.
BACKGROUND
The subject permit application involves the annual, short term installation of 563 temporary floating
docks, 30 ramps and 201 pilings to create no greater than 475 boat slips for the annual Brokerage
Yacht Show on the Indian Creek Waterway located at 4300 - 5001 Collins Avenue, Miami Beach,
Miami-Dade County, Florida. In addition, the applicant is requesting a variance to place 54
temporary canopies over some of the floating docks for the show and to extend the time period that
the permit is valid. The floating docks, ramps, pilings and canopies shall be installed and removed
within a thirty (30) days time period surrounding the boat show [the show will occur in February and
will last approximately five (5) days].
The boat show has been held annually at the subject location and has been permitted by Miami-Dade
County Department of Environmental Resources Management for the last six years. A similar
application and variance request was approved by the Board of Commissioners last year through
Resolution No. R-82-97 for the 1997 boat show. Miami-Dade County Class I Permit CC96-266 was
issued to Yachting Promotions, Inc. for the annual installation of temporary structures associated
with the boat show. However, the Class I Permit was valid only for the time period that the
submerged lands lease from the State of Florida was valid. The permit expired prior to the applicant
obtaining a renewal on the submerged lands lease. The applicant has renewed the submerged lands
lease from the State of Florida which is valid for a five year period. Therefore, the applicant is
requesting a five year Class I Permit (three years is the standard Class I permit time frame). The
display tents, covered entertainment and concession platforms are defined as non-water dependent
floating structures and are prohibited pursuant to Section 24-59.1 of the Code of Miami-Dade
County, Florida, and the Board of County Commissioners is empowered to grant variances to this
prohibition if appropriate.
DERM reconunends that the variance be granted and the project be approved based on the following
conditions, which the applicant has agreed to. The boat show: 1) will be located over submerged
Armando Vidal, P.E.
County Manager
Page 2
lands owned or leased entirely by the applicant; 2) will not impact viewing corridors on to and off of
the water because of its temporary nature and because it will be located in an area with- similar
docking facilities; 3) will not cause significant navigational impacts because the following measures
will be implemented: a) patrol boats (Indian Creek Marine Patrol, Florida Marine Patrol, and Miami-
Dade 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; 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 a ten day period, including arrival, show dates and departure of
show vessels; c) the outer pilings associated with the boat show and located at the west end ofIndian
Creek shall only be installed for a ten (10) day period at which time a minimum channel clearance of
eighty (80) feet shall be maintained at all times (prior to the installation of the outer pilings, a channel
clearance of 120 feet shall be maintained); d) the applicant will ensure that all vessels associated with
the project follow safe boating practices and that sufficient lights and/or reflector material is installed
on the proposed structure to provide warning at night; 4) is not expected to adversely affect surface
water quality because upland restroom facilities will be provided and no sewage will be discharged
into surface waters (mitigation will be provided for water quality impacts associated with the
temporary installation, operation and demolition of the boat show facility); 5) is designed to be
aesthetically compatible with the surrounding area because it is adjacent to similar docking facilities;
6) is not expected to cause significant long-term environmental impacts since there are no significant
benthic resources present within the project area, the project is not located within an area considered
essential habitat for the West Indian Manatee under the Miami-Dade County Manatee Protection
Plan, all standard manatee protection provisions will be implemented and all shoal areas or seagrass
beds located within or adjacent to navigational channels used for the arrival and departure of vessels
will be delineated with markers to avoid impacts.
The proposed project will result in water quality impacts typically associated with the construction,
operation and demolition of a docking facility for the boat show. These impacts have been minimized
to the maximum extent feasible and will be successfully mitigated by the placement of 95 cubic yards
of limerock riprap boulders at a DERM-approved off-site location for each year that the permit is
valid, in order to provide habitat for invertebrates and small fish.
Pending Commission approval of the variance and Class I Permit, the applicant has agreed to post a
$25,000.00 performance bond to ensure compliance with the above referenced requirements, in
addition to compliance with conditions of the Class I Permit, and to mitigate for water quality impacts
associated with the installation, demolition and operation of the boat show.
The proposed project has been designed in accordance with all other relevant Miami-Dade County
coastal construction criteria and is also fully consistent with all other Miami-Dade County coastal
protection criteria. Please find attached a project report from the DERM Coastal Resources Section
which outlines in more detail the reasons why the project is recommended for approval by DERM
pursuant to the applicable evaluation factors set forth in Sections 24-58.3 and 24-59.2 of the Code of
Miami-Dade County, Florida. The conditions and restrictions set forth in the project report are
adopted herein by reference.
C""'
i !
, ,
MEMORANDUM
TO: 1\ ill ~aig K. Grossenbacher. Chief
~~astal Resources Section
DATE:
November 25. 1997
FROM: JoAnne Oingerman
~/ Biologist II
SUBJECT:
Mitigation for impacts
associated with the
Brokerage Yacht Show
The application for the subject project contempl:J.tcs :l five-year permit to allow for no greater than 475
boat slips. Yachting Promotions, Inc. may argue that the water quality impacts associated with the annual
installation, operation and demolition of the boat show are temporary and should not require the standard
amount of riprap (Le. one cy / boat slip). I think we would argue that because the impacts are reoccurring.
the impacts are greater than the impacts associated with the permanent multi-slip docking facility and
would therefore require mitigation above that standard. If this was a permanent multi-slip docking facility.
475 cy of rip rap would be required (=$19.000.00 donation to the BBEETF). Based on the five year permit
that would equal 95 cy / year for a total of 475 cy over the life of the permit (equal to the mitigation
required for a permanent docking facility with this number of slips). Therefore. I recommend that we
require ninety-five cubic yards of riprap or the equivalent donation to the BBEETF for each year that the
boat show occurs.
COi./C"d(Z-
..... /~ /q1
II/v-:-'
tl/M
Department of
Environmental Protection
Lawton Chiles
Governor
Southeast District
P.O. Box 15425
West Palm Beach, Florida 33416
Virginia B. Wetherell
Secretary
If AN . 1 9 1999
Certified - Return Receipt Requested
Yachting Promotions, Inc.
c/o Dane Graziano, Vice-President
1115 NE 9th Avenue
Fort Lauderdale, FL 33304
Dear Mr. Graziano:
Enclosed is Individual Environmental Resource Permit No. 13-0127050-002 issued pursuant to
Part IV of Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code
(F.A.C.).
Appeal rights for you as the permittee and for any affected third party are described in the text of
the permit along with conditions which must be met when permitted activities are undertaken.
Please review this document carefully to ensure compliance with both the general and specific
conditions contained herein. As the permittee, you are responsible for compliance with these
conditions. Please ensure all construction personnel associated with your activity review
and understand the approved drawings and conditions. Failure to comply with this permit
may result in liability for damages and restoration, and the imposition of civil penalties up to
$10,000.00 per violation per day pursuant to Sections 403.141 and 403.161, F.S.
In addition please ensure the construction commencement notice and all other reporting
conditions are forwarded to the appropriate office as indicated in the specific conditions.
If you have any questions about this document, please contact me at 561/681-6638.
Sincerely,
-~"-J ;eJ-.
Timothy Rach
Environmental Supervisor II
Submerged Lands & Environmental
Resources Program
.', .:F),~ ~ .1,"):(: 'r::
Exhibit 6
P~i,..",...-I ..,.... ~..rvd..rl t>nl"lf"r
Department of
Environmental Protection
Lawton Chiles
Governor
Southeast District
P.O. Box 15425
West Palm Beach, Florida 33416
Virginia B. Wetherell
Secretary
CONSOLIDATED ENVIRONMENTAL RESOURCE PERMIT
AND INTENT TO GRANT SOVEREIGN SUBMERGED LANDS AUTHORIZATION
PERMITTEE:
Yachting Promotions, Inc.
c/o Dane Graziano, Vice-President
1115 NE 9th Avenue
Fort Lauderdale, FL 33304
Permit/Authorization Number: 13-0127050-002
Date ofIssue: -JAN' f 9 1999
Expiration Date: JAN 1 9 2004
County: Miami-Dade
Project: Miami Brokerage Yacht Show
This permit is issued under the authority of Part IV of Chapter 373, F.S., and Title 62, Florida Administrative Code
(F.A.C.). The activity is not exempt from the requirement to obtain an Environmental Resource Permit. Pursuant to
Operating Agreements executed between the Department and the water management districts, as referenced in
Chapter 62-113, F.A.C., the Department is responsible for reviewing and taking final agency action on this activity.
ACTIVITY DESCRIPTION:
The project is to annually construct and subsequently remove floating docks, anchored barge platforms,
ramps, and pilings for the Miami Brokerage Yacht Show. The installation of structures, the boat show, and the
removal of structures will not exceed 30 days. These temporary structures are to be located as shown on the
attached permit drawings and are indexed as follows:
STRUCTURE
NUMBER
DIMENSIONS
Floating Docks
619
10' x20'
Anchored Barge
Platform
60' x 30'
Anchored Barge
Platform
120' x 30'
Ramps
31
16' x4'
Pilings
220
N/A
ACTIVITY LOCATION:
The project is located along the 4000-5000 blocks on Collins Avenue, Miami Beach (Section 12, Township
50 South, Range 42 East). The site is along the Indian Creek, Biscayne Bay Aquatic Preserve, Outstanding Florida
Waters,-Class III Waters.
This permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as
required by Section 307 of the Coastal Management Act.
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Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-002
Page 2 of 12
This permit also constitutes certification of compliance with water quality standards under Section 40 I of the
Clean Water Act, 33 U.S.c. 1341.
This activity also requires a proprietary authorization, as the activity is located on sovereign submerged lands
owned by the Board of Trustees of the Internal Improvement Trust Fund, pursuant to Article X, Section II of the Florida
Constitution, and Sections 253.002 and 253.77, F.S. The activity is not exempt from the need to obtain a proprietary
authorization. The Department has the responsibility to review and take final action on this request for proprietary
authorization in accordance with Section 18-21.0051, and the operating agreements executed between the Department and
the water management districts, as referenced in Chapter 62-113, F.A.C. In addition, this proprietary authorization has
been reviewed in accordance with Chapters 253 and 258 F.S. and Sections 18-18, 18-21, and 62-343.075, F.A.C., and the
policies of the Board of Trustees.
As staff to the Board of Trustees, the Department has reviewed the activity as described above, and has
determined that there is no objection to the project being constructed on sovereign submerged lands as long as the
work performed is located within the boundaries of Sovereign Submerged Lands Lease No. 130127050 as described
herein, and is consistent with the terms and conditions herein. Therefore, consider this to also constitute the
authority sought under section 253.77, F.S., to perform the activity on the specified sovereign submerged lands.
The final documents required to execute the extension of the lease have been sent to the Division of State
Lands. Upon satisfactory execution of those documents, the Department intends to issue the modified lease. You
may not begin construction of this activity on sovereign submerged lands until the lease has been executed to
the satisfaction of the Department.
This permit constitutes a determination, pursuant to Section 380.0651(3)(e), F.S., that the facility is located
so that it will not adversely impact Outstanding Florida Waters or Class II Waters, and will not contribute to boat
traffic in a manner that will adversely impact the manatee.
A copy of this authorization also has been sent to the U.S. Army Corps of Engineers (USACOE) for
review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction
could subject you to enforcement action by that agency. You are hereby advised that authorizations also may be
required by other federal, state, and local entities. This authorization does not relieve you from the requirements to
obtain all other required permits and authorizations.
The above named permittee is hereby authorized to construct the work shown on the application and
approved drawing(s), plans, and other documents attached hereto or on file with the Department and made a part
hereof. This permit and authorization to use sovereign submerged lands is subject to the limits, conditions,
and locations of work shown in the attached drawings, and is also subject to the attached General Conditions
1 - 19 and Specific Conditions 1 - 24, which are a binding part of this permit and authorization. You are
advised to read and understand these drawings and conditions prior to commencing the authorized activities, and to
ensure the work is conducted in conformance with all the terms, conditions, and drawings. If you are utilizing a
contractor, the contractor also should read and understand these drawings and conditions prior to commencing the
authorized activities. Failure to comply with all drawings and conditions shall constitute grounds for revocation of
the permit and appropriate enforcement action.
Operation of the facility is not authorized except when determined to be in conformance with all applicable
rules and with the general and specific conditions of this permit/certification/authorization, as specifically described
below.
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-002
Page 3 of 12
GENERAL CONDITIONS:
(1) All activities authorized by this permit shall be implemented as set forth in the plans,
specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and
the conditions for undertaking that activity shall constitute a violation ofthis permit and Part IV, Chapter 373, F.S.
(2) This permit or a copy thereof, complete with all conditions, attachments, exhibits, and
modifications shall be kept at the work site of the permitted activity. The com'plete permit shall be available for
review at the work site upon request by the Department staff. The permittee shall require the contractor to review
the complete permit prior to commencement of the activity authorized by this permit.
(3) Activities approved by this permit shall be conducted in a manner which does not cause
violations of state water quality standards. The permittee shall implement best management practices for erosion and
pollution control to prevent violation of state water quality standards. Temporary erosion control shall be
implemented prior to and during construction, and permanent control measures shall be completed within 7 days of
any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility
of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers
shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been
established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the
Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental
Regulation, 1988), unless a project-specific erosion and sediment control plan is approved as part of the permit.
Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion
or shoaling that causes adverse impacts to the water resources.
(4) The permittee shall notify the Department of the anticipated construction start date within 30 days
of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this
permit, the permittee shall submit to the Department an "Environmental Resource Permit Construction
Commencement" notice (Form No. 62-343.900(3), F.A.C.) indicating the actual start date and the expected
completion date.
(5) When the duration of construction will exceed one year, the permittee shall submit construction
status reports to the Department on an annual basis utilizing an "Annual Status Report Form" (Form No. 62-
343.900(4), F.A.C.). Status Report Forms shall be submitted the following June of each year.
(6) Within 30 days after completion of construction of the permitted activity, the permittee shall
submit a written statement of completion and certification by a registered professional engineer or other appropriate
individual as authorized by law, utilizing the supplied "Environmental Resource Permit As-Built Certification by a
Registered Professional" (Form No. 62-343.900(5), F.A.C.). The statement of completion and certification shall be
based on on-site observation of construction or review of as-built drawings for the purpose of determining if the
work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the
Department that the system is ready for inspection. Additionally, if deviation from the approved drawings are
discovered during the certification process, the certification must be accompanied by a copy of the approved permit
drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must
be clearly labeled as "as-built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a
registered surveyor.
(7) The operation phase of this permit shall not become effective: until the permittee has complied
with the requirements of condition (6) above, has submitted a "Request for Transfer of Environmental
Resource Permit Construction Phase to Operation Phase" (Form No. 62-343.900(7), F.A.C.); the Department
determines the system to be in compliance with the permitted plans and specifications; and the entity approved by
the Department in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit
Applications Within the South Florida Water Management District - August 1995, accepts responsibility for
operation and maintenance of the system. The permit shall not be transferred to such approved operation and
maintenance entity until the operation phase ofthe permit becomes effective. Following inspection and approval of
the pennitted system by the Department, the permittee shall initiate transfer of the permit to the approved
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-002
Page 40f 12
responsible operating entity if different from the pennittee. Until the pennit is transferred pursuant to Section 62-
343.110(1 )(d), F.A.C., the pennittee shall be liable for compliance with the tenns of the pennit.
(8) Each phase or independent portion of the pennitted system must be completed in accordance with
the pennitted plans and penn it conditions prior to the initiation of the pennitted use of site infrastructure located
within the area served by that portion or phase of the system. Each phase or independent portion of the system must
be completed in accordance with the pennitted plans and penn it conditions prior to transfer of responsibility for
operation and maintenance of the phase or portion of the system to a local government or other responsible entity.
(9) For those systems that will be operated or maintained by an entity that will require an easement or
deed restriction in order to enable that entity to operate or maintain the system in confonnance with this pennit,
such easement or deed restriction must be recorded in the public records and submitted to the Department along
with any other fmal operation and maintenance documents required by sections 9.0 and 10.0 of the Basis of Review
for Environmental Resource Pennit Applications Within the South Florida Water Management District - August
1995, prior to lot or unit sales or prior to the completion of the system, whichever occurs first. Other documents
concerning the establishment and authority of the operating entity must be f1led with the Secretary of State where
appropriate. For those systems which are proposed to be maintained by the county or municipal entities, fmal
operation and maintenance documents must be received by the Department when maintenance and operation of the
system is accepted by the local government entity. Failure to submit the appropriate fmal documents will result in
the pennittee remaining liable for carrying out maintenance and operation of the pennitted system and any other
pennit conditions.
(\ 0) Should any other regulatory agency require changes to the pennitted system, the pennittee shall
notify the Department in writing of the changes prior to implementation so that a detennination can be made
whether a pennit modification is required.
(11) This pennit does not eliminate the necessity to obtain any required federal, state, local and special
district authorizations prior to the start of any activity approved by this pennit. This pennit does not convey to the
pennittee or create in the pennittee any property right, or any interest in real property, nor does it authorize any
entrance upon or activities on property which is not owned or controlled by the pennittee, or convey any rights or
privileges other than those specified in the pennit and Chapter 40E-4 or Chapter 40E-40, F.A.C.
(12) The pennittee is hereby advised that Section 253.77, F.S. states that a person may not commence
any excavation, construction, or other activity involving the use of sovereign or other lands of the state, the title to
which is vested in the Board of Trustees of the Intemallmprovement Trust Fund without obtaining the required
lease, license, easement, or other fonn of consent authorizing the proposed use. Therefore, the- pennittee is
responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on
sovereignty lands or other state-owned lands.
(\3) The pennittee is advised that the rules of the South Florida Water Management District require the
pennittee to obtain a water use pennit from the South Florida Water Management District prior to construction
dewatering, unless the work qualifies for a general penn it pursuant to subsection 40E-20.302(4), F.A.C., also known
as the "No Notice" rule.
(14) The pennittee shall hold and save the Department hannless from any and all damages, claims, or
liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment
or use of any system authorized by the penn it.
(15) Any delineation of the extent of a wetland or other surface water submitted as part of the penn it
application, including plans or other supporting documentation, shall not be considered binding unless a specific
condition of this pennit or a fonnal detennination under section 373.421(2), F.S., provides otherwise.
.( 16) The pennittee shall notify the Department in writing within 30 days of any sale, conveyance, or
other transfer of ownership or control of a pennitted system or the real property on which the pennitted system is
located. All transfers of ownership or transfers of a pennit are subject to the requirements of section 62-343.130,
F.A.C. The pennittee transferring the penn it shall remain liable for corrective actions that may be required as a
result of any violations prior to the sale, conveyance or other transfer of the system.
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-002
Page 5 of 12
(17) Upon reasonable notice to the permittee, Department authorized staff with proper identification
shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and
specifications approved by the permit.
(18) If historical or archaeological artifacts are discovered at any time on the project site, the permittee
shall immediately notify the appropriate Department office.
(19) The permittee shall immediately notify the Department in writing of any previously submitted
information that is later discovered to be inaccurate.
SPECIFIC CONDITIONS:
(1) The permittee shall comply with the terms, conditions, and provisions of the required lease. Construction
of this activity shall not commence on sovereign submerged lands, title to which is held by the Board of Trustees of
the Intemallmprovement Trust Fund, until all required lease documents have been executed to the satisfaction of
the Department. The work authorized by this permit shall not be conducted on any property other than that owned
by the permittee, without the prior written approval of that property owner.
(2) The project drawings, sheets 1 through 18; Attachments I and 2; the 6-page Manatee Exhibit; and DEP
forms 62.343.900(3), (4), (5), and (7) are attached to and become part ofthis permit.
(3) If the approved permit drawings conflict with the specific conditions, then the specific conditions shall
prevail.
(4) The work authorized by this permit shall not be conducted on any property, other than that owned by the
permittee, without the prior written approval of that property owner.
(5) Best management practices for erosion and turbidity control shall be implemented and maintained at all
times during the installation and the breakdown of the facility to ensure that turbidity levels do not exceed the
ambient turbidity levels of the surrounding Outstanding Florida Waters described in Rule 62-302, F.A.C. Methods
for controlling erosion and turbidity shall include, but are not limited to the use of staked hay bales; staked filter
cloth; staged construction; and the development of turbidity screens around the immediate project site.
The permittee shall be responsible for ensuring that erosion control devices and procedures are inspected and
maintained daily during all phases of the installation and the breakdown of the facility authorized by this permit
until all areas that were disturbed during construction are sufficiently stabilized to prevent erosion. The following
measures shall be taken immediately by the permittee whenever turbidity levels within waters of the State
surrounding the project site, exceed the ambient turbidity levels of the surrounding Outstanding Florida Waters.
a. Immediately cease all work contributing to the water quality violation.
b. Stabilize all exposed soils contributing to the violation. Modify the work procedures that were
responsible for the violation, and install more turbidity containment devices and repair any non-
functioning turbidity containment devices.
c. Notify the DEP-Southeast District Environmental Resource CompliancelEnforcement Section at
561/681-6643 within 24 hours of the time the violation is first detected.
(6) All watercraft associated with the construction of the permitted structure shall only operate within waters of
sufficient depth so as to preclude bottom scouring or prop dredging.
Pennittee: Yachting Promotions, Inc.
File No.: 13-0127050-002
Page 6 of 12
(7) All temporary pilings shall be driven into place for the installation of the facility. The placement of pilings
by any other method is specifically not authorized by this permit.
(8) All temporary pilings shall be pulled out during the facility breakdown. Removal of the pilings done by
any other method is specifically not authorized by this permit.
(9) Dredging is specifically not authorized by this permit, including any dredging associated with the barge
access.
(10) There shall be a minimum 12-inch clearance between the deepest draft of the vessel (with the motor in the
down position) and the top of any submerged resources at ordinary mean low water.
(11) The permittee shall comply with the standard manatee protection construction conditions listed in the
attachment, "Standard Manatee Construction Conditions, March 1996."
(12) The permittee shall install and maintain a manatee informational display at a location acceptable to the
Division of Marine Resources (DMR). The purpose of the display is to inform the boating public of the habitat and
behavior of manatees and of the dangers boats can impose on them. The display will alert operators of vessels
moored at the boat show to the harm speeding boats can cause to manatees or to shallow grass beds. In addition, the
permittee shall install and maintain DMR-approved manatee awareness signs at acceptable locations. The purpose
of the signs is to warn boaters to exercise caution when operating in waters used by manatees. The permittee shall
contact DMR (3900 Commonwealth Boulevard, Mail Station 245, Tallahassee, Florida 32399-3000) for sign
specification and shall install the signs upon commencement of construction.
(13) Copies of the "Dade County Manatee Protection Zones" booklet (available free of charge from the Florida
Inland Navigation District 561-627-3386) are distributed to all individuals piloting vessels to the facility for display
in the show and made readily available to people attending the show.
(14) Water quality testing is required annually for each boat show as described below. This testing shall be
done between the hours of 7:30 am and 8:30 am during the following days: a) one week prior to the installation of
docks and pilings; b) the second day of the show; c) the last day of the show; and d) a week after the pilings and
docks have been removed.
Please collect triplicate (field replicates) water quality samples (except samples for dissolved oxygen
(D.O.) and coliform bacteria) from the stations shown on the attached map at the indicated depths, analyze each
replicate individually, and report each of the replicate values individually for the parameters listed below.
All measurements and analyses for each parameter must be made using approved methods with a method
detection limit (MDL) and practical quantification limit (PQL) below the water quality standard for the parameter as
listed in Rule 62-302, F.A.C.
The lab performing the analyses should be provided with a list of the water quality standards for the
parameters to be analyzed. The lab should be instructed to fortify metal samples at approximately I to 2 times the
water quality standard. In cases where use of a method with a PQL higher than the water quality standard has been
approved, the samples for that analyte should be fortified at approximately 2 to 5 times the PQL.
Parameter
Depth
Dissolved Oxygen (mg/I)
] ft. below surface. mid depth
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-002
Page 7 of 12
(Diel samples taken at
4 hour intervals through
a 24 hour period)
and I ft. above bottom
TP (mg/I)
(Any method with a PQL
less than 0.04 mg/I)
surface, mid-depth
and I ft. above bottom
TN (mg/I)
(Any method with a PQL
less than 0.3 mg/I)
surface, mid-depth
and I ft. above bottom
Oil and Grease (mg/l)
(Any method with a PQL less than 5 mg/I)
surface
Fecal and total coliform
(MPN or MF) (I sample per day
for 10 days in a 30 day period)
surface
total arsenic (ltg/I)
(EPA Method 206.2, 206.3 or 200.8)
1 ft. above bottom
cadmium (ltg/I)
(EPA Method 213.2 or 200.8)
1 ft. above bottom
total chromium (ltg/l)
(EPA Method 218.2 or 200.8)
1 ft. above bottom
copper (ltg/I)
(In saltwater an MIBK extraction is necessary;
EPA Method 220.2 is recommended)
1 ft. above bottom
zinc (ltg!l)
(In saltwater EPA Method 289.1 or 200.8)
1 ft. above bottom
Specific Conductivity (ltmhoslcm)
1 ft. below surface, mid depth
and I ft. above bottom
Polycyclic Aromatic Hydrocarbons
total (ltg/I)
surface
Reporting
All data shall be submitted with the documents containing the following information: (I)
permit application number; (2) dates of sampling and analysis; (3) a statement describing
the methods used in collection, handling, storage and analysis of the samples; (4) a map
indicating the sampling locations; (5) a statement by the individual responsible for
implementation of the sampling program concerning the authenticity, precision, limits of
detection and accuracy of the data; (6) documentation that the laboratory performing the
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-002
Page 8 of 12
sampling and analyses has an approved quality assurance plan on file with DEP; and (7) the
MDL and PQL for each analytical method.
(15) Narrative progress reports shall be submitted within 45 days after the breakdown of the facility, on a
annual basis to the DEP-Southeast District Office, ERP-Compliance/Enforcement Section, P.O. Box 15425, West
Palm Beach, FL 33416; indicating the annual status of the shows. The covet page shall indicate the permit number,
project name and the permittee name. The first report shall be submitted within 45 days after the breakdown of the
facility and reports shall continue to be submitted on an annual basis as described above. The reports shall include
the following information:
a. Dates of the show; dates of installation and breakdown of the facility;
b. Turbidity monitoring information;
c. Water quality monitoring information;
d. Any proposed or anticipated change~ for next years show;
e. A statement addressing the navigational conditions, safety requirements, and channel restrictions
imposed by local, county, and federal regulatory agencies; and
f. This report shall include on the first page, just below the title, the certification of the following
statement by the individual who supervised preparation of the report: "This report represents a
true and accurate description of the activities conducted during the annual period covered by this
report. "
(16) The following activities are prohibited at the facility: (a) boat maintenance or repair activities requiring
removal of a vessel from the water or removal of any major portions of the vessel, including the engine, for
purposes of routine repair or maintenance on site; (b) hull cleaning involving the scraping or jet washing of fouling
organisms; (c) hull painting; (d) any discharges or release of oils or greases associated with engine and hydraulic
repairs; or (e) any discharges or release of metal based bottom paints associated with hull scraping, cleaning, and
painting. The following activities are authorized at the facility: (a) removal of a vessel that is necessitated by
emergency conditions which have resulted in or can result in the sinking of a vessel or (b) minor repairs and boat
maintenance that will not cause or contribute to the release of water pollutants (these activities must be performed
by the vessels owner or qualified marine mechanics).
(17) There shall be no fish cleaning stations, boat repair facilities and fueling facilities on any structure that is
over the water.
(18) / There shall be no restroom facilities installed or operated on the docking facilities authorized in this permit.
The boat show shall be served by upland restroom facilities which are designated and operated in accordance with
the requirements of the appropriate county and state health agencies.
(19) _Vessel sewage pumpout facilities are prohibited at the boat shows and the lessee shall notify all slip
occupants in writing of the availability and requirement to use the sanitary facilities provided on the uplands. The
discharge of marine toilets from vessels moored at the boat show is prohibited.
(20) Demonstration of vessel operations will not be allowed since the vessels will be secured to the docks for
the term of the sales display.
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-002
Page 9 of 12
(21) Test driving of vessels (demonstration rides) associated with the boat show is prohibited. The displayed
vessels will be secured to the docks for the term of the boat show.
(22) The permittee shall remove all debris, detritus, and oil residue from the waterbody before, during, and after
the boat show in accordance with all applicable federal, state, and local regulations.
(23) The scheduled dates for the next five years of the Miami Brokerage Yacht Show are as follows: February
11 - February 15, 1999; February 17 - February 21, 2000; February 15 - February 19,2001; February 14 - February
18, 2002; and February 13 - February 17,2003. Dock and piling installation shall commence two weeks prior to
the start of the show. Docks and pilings shall be removed one week after the last day of the show. The entire
operation (installation-show-removal) shall not exceed 30 days.
(24) If the permittee proposes to deviate from the scheduled dates or from the permitted design of any of the
temporary docking facilities, a request to modify the permit must be submitted to the Submerged Lands &
Environmental Resources Program - Southeast District at least 60 days prior to the intended date of use.
RIGHTS OF AFFECTED PARTIES
This permit and intent to grant a lease of sovereign submerged lands is hereby granted unless a sufficient
petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as
provided below. The procedures for petitioning for a hearing are set forth below. The actual terms of the lease will
be formally executed at a later date and shall include provisions for rents and such other provisions as normally are
included in such lease easement.
A person whose substantial interests are affected by the Department's action may petition for an administrative
proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the
information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Mediation may
also be pursued as specified below.
Because the administrative hearing process is designed to redetermine fmal agency action on the application,
the filing of a petition for an administrative hearing may result in a modification of the permit/lease or even a denial
of the application. Ifa sufficient petition for an administrative hearing or request for an extension oftime to file a
petition is timely filed, this permit/lease automatically becomes only proposed agency action on the application,
subject to the result of the administrative review process. Mediation may also change the final disposition of the
application. Accordingly, the applicant is advised not to commence construction or other activities under this
permit/lease until the deadlines noted below for filing a petition for an administrative hearing, or request for an
extension oftime have expired.
Under rule 62-110.106(4) of the Florida Administrative Code, a person whose substantial interests are
affected by the Department's action may also request an extension oftime to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension oftime. Requests for
extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth
Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for
extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a
request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure
to file a request for an extension oftime before the deadline was the result of excusable neglect.
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-002
Page 10 of 12
In the event that a timely and sufficient petition for an administrative hearing is filed, other persons whose
substantial interests will be affected by the outcome ofthe administrative process have the right to petition to
intervene in the proceeding. Intervention will be only at the discretion of the presiding officer upon the filing of a
motion in compliance with rule 28-106.205 of the Florida Administrative Code.
In accordance with rules 28-106.111(2) and 62-110.106(3)(a)(4), petitions for an administrative hearing
by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other
than the applicant, and other than those entitled to written notice under section 120.60(3) of the Florida Statutes,
must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice,
whichever occurs first.
Under section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for
notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of
publication. .
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of
filing. The failure of any person to file a petition for an administrative hearing or pursue mediation as provided
below within the appropriate time period shall constitute a waiver of those rights.
A petition that disputes the material facts on which the Department's action is based must contain the
following infonnation:
(a) The name and address of each agency affected and each agency's file or identification number, if
known;
(b) The name, address, and telephone number of the petitioner; the name, address, and telephone
number of the petitioner's representative, if any, which shall be the address for service purposes
during the course of the proceeding; and an explanation of how the petitioner's substantial interests
are or_will be affected by the agency detennination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petitjon must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner
contends warrant reversal or modification of the agency's proposed action; and
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency's proposed action;
(g) A statement of the relief sought by the petitioner, stating precisely the action that the..petitioner
wishes the agency to take with respect to the agency's proposed action.
A petition that does not dispute the material facts on which the Department's action is based shall state that
no such facts are in dispute and otherwise shall contain the same infonnation as set forth above, as required by rule
28-106.301. Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing must
be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely
filed.
In addition to petitioning for an administrative hearing, any person who has previously filed a petition for
an adminIstrative hearing may pursue mediation. If a written mediation agreement with all parties to the proceeding
(i.e., the applicant, the Department, and any person who has filed a timely and sufficient petition for a hearing) is
filed with the Department within 10 days after the deadline for filing a petition for an administrative hearing, the
time limitations imposed by sections 120.569 and 120.57 shall be tolled to allow mediation to proceed. The
agreement must contain all the infonnation required by rule 28-106.404. The agreement must be received by the
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-002
Page 11 of 12
clerk in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida 32399-3000, before the deadline noted above. Pursuing mediation will not adversely affect the
right to a hearing if mediation does not result in a settlement.
Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution
of the agreement. Ifmediation results in settlement of the administrative disIlute, the Department must enter a final
order incorporating the agreement of the parties. As noted above, persons seeking to protect their substantial
interests that would be affected by such a [mal decision modified through mediation must file their petitions within
14 days of receipt or publication of this notice as provided above, or they shall be deemed to have waived their
right to a proceeding under sections 120.569 and 120.57. Ifmediation terminates without settlement of the dispute,
the Department shall notifY all parties in writing that the administrative hearing processes under sections 120.569
and 120.57 remain available for disposition of the dispute, and the notice will specifY the deadlines that then will
apply for challenging the agency action and electing remedies under those two statutes.
This action is fmal and effective on the date filed with the Clerk of the Department unless a petition is filed
in accordance with the above. Upon the timely filing of a petition this order will not be effective until further order
of the Department.
This permit constitutes an order of the Department. The applicant has the right to seek judicial review of
the order under section 120.68 of the Florida Statutes, by the filing ofa notice of appeal under rule 9.110 of the
Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of
appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal
must be filed within 30 days from the date when the [mal order is filed with the Clerk of the Department. The
applicant, or any party within the meaning of section 373.1 14 (1)(a) of the Florida Statutes, may also seek appellate
review of this order before the Land and Water Adjudicatory Commission under section 373.114(1) of the Florida
Statutes. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary
of the Commission and served on the Department within 20 days from the date when the final order is filed with the
Clerk of the Department.
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
~
los Rivero-deAguilar Date
ector of District Management
Southeast District
I 1'1[1q
CRAJMtM/tr
Copies furnished to:
U. S. Army Corps of Engineers
Miami-Dade County DERM
DEP, Office of General Counsel
Pam Gerard, DEP - Division of State Lands
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-002
Page 12 of 12
Copies furnished to (continued):
Carol Knox, DEP- Bureau of Protected Species Management
Charles Knight, DEP - Cabinet Affairs
Florida Marine Patrol
Mark Derr, 4245 Sheridan Ave., Miami Beach, Fe 33140
Joe O'Connor, Univ. of Miami, Hecht Athletic Center, 5821 San Amaro Dr., Coral Gables, FL 33146
Robert Wright, Miami Beach Watersports Center, Inc., 6500 Indian Creek Dr., Miami Beach, FL 33141
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and authorization to use
sovereign submerged lands, including all copies were mailed before the close of business on
~./A.17 hAt /1 . 1999, to the above listed persons.
! d
FiLING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to section 120.52(7),
Florida Statutes, with the designated Department Clerk,
receipt of which is hereby acknowledged.
~'YnIJJu~
Clerk
1/;9/99
Date
Prepared by Timothv Rach .
do
_ pages attached.
1115 Northeast 9th Avenue, Fort Lauderdale, Florida 33304
(954) 764-7642. (800) 940-7642. Fax (954) 462-4140. Website: www.showmanagement.com
BROKERAGE YACHT SHOW
COMMENCEMENT SCHEDULE
DOCK INSTALLATION
January 25 - February 4, 1999
January 28 - February 28, 2000
January 25 - February 8, 2001
January 25 - February 7, 2002
January 25 ... February 6, 2003
"MOVE IN BOATS"
February 5 - 10, 1999
February 11 - 16, 2000
February 9 - 14, 2001
February 8 - 13, 2002
February 7 - 12, 2003
SHOW DATES
February 11 - 15, 1999
February 17 - 21, 2000
February 15 - 19, 2001
February 14 - 18, 2002
February 13 - 17, 2003
"MOVE OUT BOATS"
February 16 - 1R~ 1999
February 22 - 24, 2000
February 20 - 22, 2001
February 19 - 22, 2002
February 18 - 22, 2003
DOCK REMOVAL
February 19 - 25, 1999
February 25 - 28, 2000
February 22 - 25, 2001
February 22 - 25, 2002
Febru~ry 22 - 25, 2003
Y ACH1ING PROMOTIONS, INC.
Boat Show Management and Production
YACHTING PROMOTIONS-GULF, INC.
Boat Show Management and Production
SHOV'.' r.tl\!;f.G[~!l:t!T C:J!,!'.'[!mON SCP.VIC[S
Public and Trade Show Exhibit Services
SHOW MANAGEMENT CONCESSIONS
Event Food and Beverage Services
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Standard Manatee Construction Conditions
Temporary Signs
The penninee shall comply with the following manatee protection construction conditions:
A. The pennittee shall instruct all personnel associated with the project of the potential
presence of manatees and the need to avoid collisions with manatees, All construction
personnel are responsible for observing water-related activities for the presence of
manatee(s),
B. The pennittee shall advise all construction personnel 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.
C.
Siltation. barriers s~all be made of I?a~e~ia! in which manatees cannot become entangled,
are properly secured;. arid are regularly monitored to avoid manatee entrapment. Barriers
must not block man'atee entry to or exit from essential habitat.
D. All vessels associated with the construction project shall operate at "no wake/idle" speeds
at all times while in the construction area and while in water 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.
E, Ifmanatee(s) are seen within 100 yards of the active daily construction/dred~ing . .
operation or vessel movement, all appropriate precautions shall be implemented'to.tmsure
protection of the manatee. These precautions shall include the operation of all moving
equipment no closer than 50 feet of a manatee. Operation of any equipment closer than
50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities
will not resume until the manatee(s) has departed the project area of its own volition.
F. Any collision with and/or injury to a manatee shall be reported imme~iately to the Florida
Marine Patrol at 1-800-DIAL-FMP (1-800-342-5367), Collision and/or injury should
also be reported to the V,S. Fish and Wildlife Service in Jacksonville (1-850-232-2580)
for north Florida or Vero Beach (1-561-562-3909) in south Florida.
G. Temporary signs concerning manatees shall be posted prior to and during all
construction/dredging activities, All signs are to be removed by the pennittee upon
completion of the project. A sign measuring at least 3 ft. by 4 ft. which reads Caution:
Manatee Area will be posted in a location prominently visible to water related
construction crews, A second sign should be posted if vessels are associated with the
construction, and should be placed visible to the vessel operator, The second sign should
be at least 8 1/2" by II" which reads Caution: Manatee Habitat. Idle speed is required
if operating a vessel in the construction area. All equipment must be shutdown if a
manatee comes within 50 feet of operation. A collision with and/or injury to a manatee
shall be reported immediately to the Florida Marine Patrol at I-800-DIAL FMP (1-800-
342-5367). The Us. Fish and Wildlife Service should also be contacted in Jacksonville
(/ -850-232-2580) for north Florida or in Vero Beach (J -56/-562-3909) for south
Florida.
TEMPORARY MANATEE SIGNS
for standard manatee construction conditions
Revised October 1996
The Caution: Manatee Area signs, (3 feet by 4 feet) are available through the
companies listed below and may also be available from other local suppliers throughout
the state, Permit/lease holders, should contact sign companies directly to arrange for
shipping and billing,
Cape Coral Signs & Designs Inc.
1311 Del Prado Boulevard
Cape Coral, Florida 33990
1-800-813-9992
813-772-9992
FAX 813-772-9992
--( "., "
., \..~.::;<:...
.~ ~~;:t:)
Municipat Supply and.Sign Company
Post Office Box 17
Naples, Florida 33939-1765
1-800-329-5366
813-262-4639
FAX 813-262-4645
M ~<Jf.~ TEE
iUiEA
JADCO Signing Inc.
708 Commerce Way
Post Office Box 911
Jupiter, Florida 33458
1-800-432-3404
561-747-1065
FAX 561-744-2985
Universal Signs & accessories
2912 Orange Avenue
Fort Piece, Florida 34947
FL 1-800-432-0331
561-461-0665
FAX 561-461-0669
A second sign should be used if vesselslbarge~ will be used, should be at least 8 1/2
inches by 11 inches, and should read:
Caution: Manatee Habitat. Idle speed is required if operating a vessel in the
construction area. All equipment must be shutdown if a manatee comes within 50 feet
of operation. Any collision with and/or injury to a manatee shall be reported
immediately to the Florida Marine Patrol at 1-800-DIAL FMP (1-800-342-5367), The
U.S, Fish and Wildlife Service should also be contacted in Jacksonville (1-850-232-
2580) for north Florida or in Vero Beach (1-561-562-3909) for south Florida. An
example is enclosed, and this example can be copied and used during construction
activities.
CAUTION
MANATEE HABITAT
IDLE SPEED is required if operating a
...' , . vessel . . . . . ,
':.. . . .. .-. -..
in the'con~truction area.
..
All Equipment must be SHUT DOWN: if a
manatee
comes within 50 feet of operation.
. .
Any collision with and/or 'injury to a manatee shall be
reported immediateJy
to the Florida Marine Patrol at:
1-800-DIAL-FMP
( 1-800-342-5367)
The U,S. Fish and Wildlife Service should also be
contacted
in Jacksonville (1-850-232-2580) for north Florida or
in Vero Beach (1-561-562-3909) for south Florida
PERMANENT MANATEE SIGNS
INSTALLATION PROCEDURES
.. .
.-.- .
There are two types of manatee signs that may be required, I) "Caution Manatee Area"; and 2)
"Manatee Informational Displays" (see attached examples). The typical Manatee
Infomlational Displays include two signs: a "Manatee Fact Sheet" and "Basics for Boaters".
These signs are intended to increase the awareness CJf boaters of the presence of manatees in the
area and of the potential threat boats pose to the animals. Custom-designed signs are allowable if
the basic specifications and information are comparable, but must be approved by the
Department. These signs are non-regulatory in nature.
Procedure for Approval:
I. The applicant should forward a project site plan, with the type and locations for signs to the
Bureau of Protected Species Management, Department of Em'ironmental Protection, 3900
Commonwealth Boulevard, Mail Station 245, Tallahassee, Florida 3.2399. The applicant should
also include a chart indicating the location of the facility in relation to waterways and county
location, and the Pemlit and/or Lease number associated with the project.
2, The Bureau of Protected Species Management will review the proposed site sign plan, The
applicant \vill be notified within 30 days if the signs and locations proposed by the applicant are
unacceptable. Correspondence will be sent to offer suggestions on the type, number and
locations of sign(s). If the applicant has not received a response within 30 days, the proposed
signs and their locations should be considered approved.
3, If during a site visit, approved signs and their locations are found not to be in accordance with
the instructions given in this document, failure to follow these directions may require relocation
or additi<;>n of signs,
PERMANENT MANATEE SIGNS
INSTALLATION PROCEDURES
( continued)
Instructions for location and tvnes:
FACILITY TYPE/SIZE SIGN REQUIREMENT
Private, Commercial, or Public facility <10 No Signs Required
wet or dry slips, for permanent mooring
,
Private, Commercial, or Public Facility with Manatee Informational Displays
five or more slips for temporarv mooring (in
association with upland service restaurants,
charters, ,~~c.) ,
. , , .
,
. . .
Private, Commercial, or Public facility with Caution Manatee Area Signs Required
10-19 wet, dry, temporary or permanent slips
Private, Commercial, or Public facility with Caution Manatee Area Signs
>20 slips (wet, dry, temporary or permanent) and Manatee Informational Displays
Boat Ramp, Private or Public Manatee Informational Displays
Manatee Informational Displays must be located in a prominent location, such as near walkways,
dockmaster offices, restrooms or foot.traffic access points to piers/docks for maximum visibility.
Caution Manatee Signs for docking facilities should be placed on land, walkways or docks,
These signs should be oriented so that the boaters using this facility will be reminded to watch
for manatees while boating, These signs are not required to be placed in view for the general
boating public. If a facility has separate docks with separate access walkways, a Caution
Manatee Sign should be installed near each walkway or dock. . Permanent manatee signs should
not be installed on pilings in water, or be attached to navigational markers, or in any way impede
navigation.
INSTALLATION REQUIREMENTS
for Permanent Manatee Signs
(continued)
Ann roved Si!!"n Sunnliers:
Both types of signs are available through the com pan ies listed below and may also be available from
other local suppliers throughout the state. Permit/lease holders, marinas, and boat docking/launching
facilities should contact sign companies directly to arrange for shipping and billing.
Caution and Informational Signs:
Cape Coral Signs & Designs Inc.
1311 Del Prado Boulevard
Cape Coral, Florida 33990
1-800-813-9992
813-772-9992
FAX 813-772-9992
. ,
MunicipalSuppJy and Sign Compo
Post Office Box 17
Naples, Florida 33939-1765
1-800-329-5366
813-262-4639
FAX 813-262-4645
"
Infonnation Signs (onlv)
New City Sign Company
2245 Central ~venue
St. Petersburg, FL 33713
813-323-7897
FAX 813-323-1897
WEST INDIAN
MANATEE FACT SHEET
-..--..-...- --
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~~~~7:::::=~!~
JADCO Signing Inc.
708 Commerce Way
Post Office Box 911
Jupiter, Florida 33458
1-800-432-3404
561-747-1065
FAX 561-744-2985
'-. .
! '..}~.~~
i'"
I
i
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l
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- .;~
Universal Signs & accessories
2912 Orange Avenue
Fort Pierce, Florida 34947
1-800-432-033 J
561-461-0665
FAX 561-461-0669
MANATEE
i' t"> t: ,"-
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.
.'
MANATEE BASICS
FOR BOATERS
TO RI:.'"PORT
C<lU., I-IUO-DIAL FMP U:$(Jt:MCl AWtI
1~'OO-342.536' .
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Form #62-343 900(3\ F,A.C.
Form Title: Construction
Commencement Notice
Date: October 3 1995
ENVIRONMENTAL RESOURCE PERMIT
Construction Commencement Notice
PROJECT:
PHASE:
I hereby notify the Department of Environmental Protection that the construction of
the surface water management system authorized by Environmental Resource Permit
No.
has commenced I is expected to commence on
199_, and will require a duration of approximately
months
weeks
days to complete, It is understood that should the construction term
extend beyond one year, I am obligated to submit the Annual Status Report for Surface
Water Management System Construction,
PLEASE NOTE: .Ifthe actual construction commencement date is not known, Department
staff should be so notified in writing in order to satisfy permit conditions.
Permittee or
Authorized Agent
Title and Company
Date
Address
Phone
Form # 62-34390014\ F.A C
Form Title: Annual Status Reoort
Date: October 3. 1995
ENVIRONMENTAL RESOURCE PERMIT
ANNUAL STATUS REPORT FORM
Florida Department oC Environmental Protection
Permit No.
County:
Project Name:
Phase:
The Collowing activity has occurred at the above reCerenced project during the past year, between
June 1, 19_ and May 30, 19_.
Permit Condition I
Activity
% oCCompletion
Date oC anticipated
Completion
Date of
Completion
(Use Additional Sheets As Necessary)
Benchmark Description (one per major control structure):
Print Name
Phone
Permittee's or Authorized
Agent's Signature
Title and Company
Date
This form shall be submitted to the above referenced Department Office during June of each year for
activities whose duration of construction exceeds one year.
Form 1162.343,900151. F.A.C.
Form Title: As-Built Certili.ation
bv a Ret>istered Professional
Date: O.toMr 3. 1995
ENVIRONMENTAL RESOURCE PERMIT
AS-BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL
Permit Number:
Project Name:
I hereby certify that all components of this surface water management system have been built substantially in accordance
with the approved plans and specifications and are ready for inspection. Any substantial deviations (noted below) from the
approved plans and specifications will not prevent the system from functioning as designed when properly maintained and
operated. These determinations are based upon on-site observation of the system conducted by me or by my designee under
my direct supervision and/or my review of as-built plans certified by a registered professional or other appropriate individual
as authorized by law,
Name (please print)
Signature of Professional
Company Name
Florida Registration Number
Company Address
Date
City, State, Zip Code
Telephone Number
(AffIX Seal)
Substantial deviations from the approved plans and specifications:
(Note: attach two copies of as-built plans when there are substantial deviations)
Within 30 days of completion of the system, submit two copies of the form to:
Form #62.343 900171 FA C
Form Title: Reauest for Transfer
to Ooeration Phase
Date: October 3 1995
REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE
PERMIT CONSTRUCTION PHASE TO OPERATION PHASE
(To be completed and submitted by the operating entity)
Florida Department of Environmental Protection
It is requested that Department Permit No. authorizing the construction and operation of a
surface water management system for the below mentioned project be transferred from the construction phase permittee to
the operation phase operating entity.
PROJECT:
FROM: Name:
Address:
City:
Zipcode:
State:
TO:
Name:
Address:
City:
Zipcode:
State:
The surface water management facilities are hearby.accepted for operation and maintenance in accordance with the
engineers certification and as outlined in the restrictive covenants and articles of incorporation for the operating entity.
Enclosed is a copy of the document transferring title of the operating entity for the common areas on which the surface
water management system is located. Note that if the operating entity has not been previously approved, the applicant
should contact the Department staff prior to filing for a permit transfer.
The undersigned hearby agrees that all terms and conditions of the permit and subsequent modifications, if any, have been
reviewed, are understood and are hearby accepted. Any proposed modifications shall be applied for and obtained prior to
such modification.
Operating Entity
Name
Title
Telephone
Enclosure: -
() Copy of recorded transfer of title surface water management system
() Copy of plat(s)
() Copy of recorded restrictive covenants, articles of incorporation, and certificate of incorporation
Department of
Environmental Protection
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
David B, Suuhs
Secretary
March 2, 1999
Dane Graziano, Vice President
Show Management, Inc.
1115 N.E. 9th Avenue
Fort Lauderdale, Florida 33304
Dear Mr. Graziono:
RE: BOT LEASE NO. 130127050
Enclosed is a fully executed lease for your records.
Please note that a requirement of the lease is that the Lessee have the fully executed instrument (all pages) recorded within 14
days after receipt of this letter in the official records of the county within which the site is located. Please provide copies of
the recorded lease indicating the book and pages where the instrument is recorded, to Mrs. Bonnie Wilson at the letterhead
address (directed to Mail Station No. 125).
Please note that if the billing agent, phone number, fax number changes and/or there is a change in the lessee's tax status you
must notify TIIE BUREAU OF PUBLIC LAND ADMINISTRATION'S ACCOUNTING SECTION AT (850)488-2297
within 30 days of the date of any change.
After Mrs. Wilson receives a copy of the recorded instrument, any future correspondence or inquiries should be directed to
this office at the letterhead address (directed to Mail Station No. 125) or at (850) 488-2297.
Thank you for your assistance and cooperation in this matter.
Sincerely,
~i~~
Recurring Revenue Section
Bureau of Public Land Administration
Idcr
Enclosures
cc: Bonnie Wilson
Doris Brown
By federal express
"Protect. Conserve and Monage Florida's Environment and Natural Resources"
Prinred on recycled paper.
This Instrument Prepared By:
Diane C. Ro.owski
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF TIlE INTERNAL IMPROVEMENT TRUST FUND
OF TIlE STATE OF FLORIDA
CLASS IV SPECIAL EVENT SOVEREIGNlY SUBMERGED LANDS LEASE MODIFICATION
No. 130127050
THIS SPECIAL EVENT LEASE is herebY issued by the Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida, hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of payment of the special event lease fees hereinafter provided and
lhe faithful and timely perfonnance of and compliance with all terms and conditions stated herein. the Lessor does hereby
lease to Y ACHrlNG PROMOTIONS INC. a Florida corooration , hereinafter referred to as the Lessee, the sovereignty
lands described as follows:
A parcel of sovereignty submerged land in Section .l1..
Township 53 South, Range 42 East, in Indian Creek ,
Dade County, containing I 168 121 square feet, more
or less, as is more particularly described and shown on
Attachment A, dated January 13 1999.
TO HAVE TIIE USE OF the hereinabove described premises for a period of --lL consecutive days each year
during lhe term of this lease, with the first event commencing on January 25 1999, the effective date of this special event
lease, and continuing through 11:59 p.m, on February 23 1999, at which time all permission granted hereunder to use or
occupy the sovereignty lands described in Attachment A shall cease and tertninate until the next special event held pursuant
to this lease, The term of this lease shall continue for a period of i years from the effective date ofthis lease. with the
Lessee having the right to use and occupy the sovereignty lands described in Attachment A only during future special events.
the dates for which are provided to the Department of Environmental Protection in accordance with the provisions of
paragraph 26, hereof, and subject to all terms and conditions set forth herein, The terms and conditions on and for which
this special event lease is granted are as follows:
[06]
1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a temnorarv commercial
dockine: facility used in conjunction with the The Brokeraee Yacht Show exclusively used for exhibitine: and demonstratine
vessels with a non-water deoendent floatine: refreshment center. without fueling facilities, with a sewage pumpout facility if
it meets the regulatory requirements of the Department of Environmental Protection or local authority. whichever entity
applies the more stringent criteria, and withoutliveaboards, as shown and conditioned in Attachment A, and the Department
of Environmental Protection, Environmental Resource Permit No. 13,0127050-002, dated Januarv 19 1999, incorporated
herein and made a part of this special event lease by reference.
2. LEASE FEES: Prior to the date of each special event held pursuant to this lease, the Lessee shall pay to the
Lessor a special event fee of$ 10 999,81. and a 25 percent surcharge payment pursuant to section 18,21.011, Florida
Administrative Code, plus sales tax pursuant to Section 212.031, Florida Statutes, if applicable. Thefee for the remaining
years of the lease shall be adjusted pursuant to provisions ofsection 18-21.011, Florida Administrative Code, The Division
of State Lands will notify the Lessee in writing of the amount and the due date of the special event fee. The lease fee shall be
remitted annually to the Division of State Lands as the agent for the Lessor, beginning with the effective and due date of this
lease, and each year thereafter until the term of this lease terminates or expires.
3. GROSS RENTAL INCOME CERTIFICATION/SUPPLEMENTAL PAYMENT: The Lessee shall provide
within 30 days from the termination of the period of each special event, a certification showing the total amount of the gross
rental income derived from the rental of wetslips, including copies of all contracts and olher documentation used to
determine the gross rental income amount provided in the certification. When five (5%) percent of the gross rental income
exceeds the prorated base fee or minimum fee established pursuant to section 18-21.0 II, Florida Administrative Code, the
Lessor shall send the Lessee a supplemental invoice for the difference in the amounts,
4. EXAMINATION OF LESSEE'S RECORDS: For purposes of this special event lease, the Lessor is hereby
specifically authorized and empowered to examine, for the term of this special event lease including any extensions lhereto
plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and
pertaining to the computation of special event lease fees as specified in paragraph two (2) above.
5. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall secure, maintain, and keep all records for the
entire term of this special event lease, plus three (3) additional years. This period shall be extended for an additional two (2)
years upon request for examination of all records and accounts for special event lease fee verification purposes by the Lessor.
6. AGREEMENT TO EXTENT OF USE: This special event lease is given to the Lessee to use and occupy the
leased premises only for those purposes specified herein and as conditioned by the Department of the Environmental
Protection, Environmental Resource Permit. The Lessee shall not change or add to the approved use of the leased premises
as specified in paragraph No. I above, or shall not change activities in any manner that may have an environmental impact
that was nol considered in the original authorization or regulatory permit, without first obtaining a regulatory
permit/modified permit, if required, and the Lessor's written authorization in the form of a modified lease, the payment of
additional fees, as applicable, and, shall remove any structures which ttlay no longer qualify for authorization under the
modified lease, as applicable, However, reconfiguration of structures within the boundaries of the leased premises in
accordance with paragraph 22 hereof, shall not be considered a change in the extent of use.
7. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described
by reason of lhe occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
8. INTEREST IN LEASED PREMISES: Any interest obtained by the Lessee in the leased premises as a result of
this special event lease shall be subject and subordinate to all rights, title and interest in and to the leased premises which are
vested in the riparian or littoral landowner.
9. ASSIGNMENT OF LEASE: The Lessee shall not assign or otherwise transfer this special event lease without
the prior written consent ofthe Lessor.
10. INDEMNIFICATIONIINVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature arising out of this special event lease at its expense, and shall indemnify, defend and save and hold hannless the
Lessor and the State of Florida from all claims, actions,lawsuits and demands arising out of this special event lease.
Page ....L of.ll. Pages
Sovereignty Submerged Lands Lease No. 130127050
II. VENUE: Lessee waives venue as to any litigation arising from matters relating to this special event lease and
any such litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
12. NOTlCESfCOMPLIANCEffERMINATION: The Lessee binds itself, its successors and assigns, to abide by
the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee.
In the event the Lessee fails to comply with the provisions and conditions herein, or fails to comply with the provisions and
conditions herein set forth within 24 hours of receipt of the Lessor's written notice provided to the Lessee to correct, this
special event lease may be immediately tenninated by the Lessor. If canceled, the leased premises shall revert to the Lessor.
All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this special event lease shall be paid by the
Lessee. All notices required to be given to the Lessee by this special event lease or applicable law or administrative rules
shall be in writing and shall be sent by U. S. Mail, hand delivered by messenger or nationally recognized overnight courier
service, or telecommunicated or telecopied to the following address:
Yachting Promotions, Inc.
IllS N.E. 9'" Avenue
Fort Lauderdale, Florida 33304
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is
effective.
13. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or 10 the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this special event lease.
14. NUISANCES OR liEGAL OPERATIONS: The Lessee shall not pennit the leased premises or any part
thereof to be used or occupied for any purpose or business other than herein specified, nor shall the Lessee knowingly pennit
or suffer any nuisances or illegal operations of any kind on the leased premises.
IS. MAINTENANCE OF F ACll.ITY IRIGIIT TO INSPECT: The Lessee shall maintain the leased premises in
good condition, keeping the stmctures and equipment located thereon in a good state of repair in the interests of public
health, safety and welfare. The leased premises shall be subject to inspection by the Lessor or its designated agent at any
reasonable time.
16. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that
individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring
within the leased premises to this lease or upon landsadjaeent to and used as an adjunct of the leased area. During the
special event lease tenn, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent
and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the
Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard
becomes illegible at any time during the term of this special event lease, to notify the Lessor in writing so that a replacement
may be provided.
17. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part oflhe Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein. shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches,
18. PERMISSION GRANTED: This special event lease shalltenninate at 1l:S9 p,m. on February 23 1999,
unless sooner terminated pursuant to the provisions of this special event lease. Upon expiration or earlier termination of this
special event lease, all pennission granted herein shall cease and tenninate.
19, RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall
be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regnlations in
effect at that time.
Page ..1... of.ll.. Pages
Sovereignty Submerged Lands Lease No. 1301270S0
20. REMOVAL COSTS: Any costs incurred by Ihe Lessor in the removal of any structures and equipment
constructed on state lands shall be paid by the Lessee,
21, RIPARIAN RIGHTSIFINAL ADJUDICATION: In the event that any part of any structure authorized
hereunder is detennined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with
adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian
owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply
with this paragraph shall constitute a material breach of this special event lease agreement and shall be grounds for
immediate tenoination of this special event lease agreement at the option of the Lessor,
22. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the OR Book and pages at which the lease is recorded.
23, AMENDMENTSIMODlFICATIONS: This special event lease is the entire and only agreement betWeen the
parties, Its provisions are not severable. Any amendment or modification to this special event lease must be in writing, must
be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence
at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph,
reconligurations of the structures are authorized by this lease without fonnal modification of the lease provided that the
reconliguration is (a) within the leased premises; (b) avoids areas of sensitive resources as identified herein; and (c) the
Lessee provides a sketch of the reconfiguration to the Department of Environmental Protection Southeast District Office at
400 N. Congress Avenue West Palm Beach Florida, 33401, within 30 days of the end of the special event period.
24. ADVERTISEMENT/SIGNSINON-WATER DEPENDENT AcrIVITIES/MINOR STRUCTURAL REPAIRS:
No signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased
premises. The Lessee shall ensure that no non,water dependent structures and/or activities shall be erected and/or conducted
within the leased premises; except as authorized herein. Such activities or structures shall be considered unauthorized and a
violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18.14, Florida
Administrative Code or other enforcement action. Minor structural repairs required to maintain the authorized structures in
a good state of repair in the interests of public health, safety or welfare; are allowed, however, such activities shall not exceed
the activities authorized by this special event lease.
25. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Anny Corps of Engineers (ACOE) pennit if it is required by the ACOE. Any modifications to
the construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the
prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged
lands,
26. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the
tennination of this lease by the Lessor,
27. SPECIAL EVENT CERTIFICATION: The Lessee shall submit a Special Event Certification [Fonn 18,
21.900(2)] within 120 days prior to each subsequent special event held pursuant to this lease. The Special Event
Certification is to be submitted to the Department of Environmental Protection, ~ District Office at 400 N. Con.ress
Avenue West Palm Beach, Florida 33401.
28, SPECIAL LEASE CONDITIONS:
a, If the Lessee allows mooring at the leased facility of vessels occupied by a person or persons on an overnight
hasis, the Lessee shall notifY the slip occupants in writing of the availability and requirements to use the sanitary facilities
provided on the uplands. .
b. The Lessee shall remove and properly dispose of all piling and docking structures by the end of each special
event.
Page ..i... of.1L Pages
Sovereignty Submerged Lands Lease No. 130127050
WITNESSES:
O~~~
DI A-A.l/:S RD6--D WSkl
Printffype of Witness
<~'AA _, , \lJ:ON~Y~
Original Signature
~~(\\e \(): Ison
Printffype Name of Witness
BOARD OF TRUSTEES OF TIlE INTERNAL
IMPROVEMENT TRUST FUND OF TIlE ST ATE OF
FLORIDA
(SEAL)
BY: ""--~""
Kirby B, G n III, Deputy Secretary,
Department fEnvironmental Protection, as agent for
and on behalf of the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida
"LESSOR"
APPROVED AS TO FORM AND LEGALITY:
~l.L
DEP Attorney
Florida
l!yMa S, Robells
MY COMMISSION' CC654057 EXPIRES
Ju~ 25.2001
or Stamped Name
My Commission Expires:
Commission/Serial No.
YACHTING PROMOTIONS INC. a Florida comoration
(SEAL)
BY ~-
Original Signature of Executing Authority
K A. Pearson
Typed/Printed Name of Executing Authority
President
Title of Executing Authority
Typed/Printed Name of Witness
STATE OF FI..,.i.lfJ<,
COUNTYOF~~
The foregoing instrument was acknowledged before me this /.g'fh dayof FeBJ2UItf2.~ ,19 qq,
by K. A. Pearson as President of Yachting Promotions Inc. ,a Florida corporation, for and on behalf of the
corporation. He is personally known to me or who has produced . as identific~tion.
-s;. AI'\. 1.+..11... .... -;Jo...t. ?...I... ~~
Q,.~ ~$,~~ A;......... -1-0 "",c..
My Commission Expires: C, ~
"LESSEE"
.A/o....-l....,..)~ )9~q
Commission/Serial No. CC!. ~03'lrS'1-
Nota~~~.~t
Printed, Typed or Stamped Name
Page .i. of.lL Pages
Sovereignty Submerged Land Lease No. 130127050
CIIARlEll M, BOlT. JR,
lIYlXIMIIIlIIIIN'CC_
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ATrACHMENT A
PAGE 21 OF 21 PAGFS
SSLL NO, 130127050
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A waiting
Florida Department of Transportation
approval, which must be submitted prior to
issuance of Building Permit
for Temporary Docks
Exhibit 7
01/16/2002 15:31 FAX 9544624140
01/14/2002 23:15 3054156763
SHOW MANAGEMENT
USCG BRIDGE BRANCH
IaJ 002
p~ 01
U.S. aepenmen.
of Tranaponatlon
Utllted Stat..
Coat Gu.rd
eomm.riMr
a_Ill CoatIt 0ulIrd Plalrlat
llOt s. e.1'Ir.c_ue
MIlm1I. t'1 33131
S1d Symbol: (alar)
PIwr.: 1_)41~",
FlU(: (305)41 s..?a
16'9312362
Serial: 476
Jmuary 16, 2002
Mr. John Nisro
Show Management. Inc.
IllS Northeast 9'" Avenue
Fort Lauderdale. Florida 33304
Dear Mr.. Nigro,
- This is in n:sponse to your letter of December S, 2001 aDd subsequent Jetter of JlIJJUlIl'Y IS,
2002, requesting temporary regulations for the 6301 S1:teet Drawbridatl across Indian Creek, mile
40.0 Ilt Miami Beadt. Florida.
The fonowing tcb4'vralY regulations have 'been approved:
From FebnIary I tbraugh FebnJary 13 8Dd again on :February 1911ftd 20, 2000, tho 63" Street
Drawbridge will open to navigation only on the hour from 7:00 Lm, to 9:00 Lm. end from 5:00
p.m, to 7:00 p.m. The draw shall open for public vcssela ofth" United Statwl, tugs with tows,
IU1d veuels in di!ltre$s at all times.
At all other times this bricJp will be rcauJated by Loc:al Law En~CI'1t which will be all
scene to ensure vehicle and vessel trBftic ill not restricted. during setup and 1m:akdovm of tbis
years boat show,
This information will be advertised in a Broe~.t Notice to Mariners. If you have Ill)'
q\leStiolls c:onc:cmins this approval. pleue call Mr. Miebacl Lieberum at (305) 4J5-6744,
SiJK:erdy,
O. E, SHAP
Chief. Bridge Branch
Seventh CoaIt Guu:d. District
By Direction of the Dilltrict Commander
Copy: PDOT, District 6
Commandina Officer, CO Marine Safety Office, Miami
Exhibit 8
..