Resolution 80-16504 •
RESOLUTION NO. 80-16504
AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A REVOCABLE PERMIT FOR THE
USE OF A SEAWALL ADJACENT TO A MUNICIPAL
PARKING LOT NORTH OF SIXTY-FIFTH STREET
AND INDIAN CREEK DRIVE.
WHEREAS, Biscayne Bay Cruises, Inc. has requested the
use of the aforementioned municipal seawall for the docking of
vessels and the discharging and collection of passengers for
sight seeing cruises; and
WHEREAS, it is deemed desirable to execute said permit,
for the promotion of recreational activities for Miami Beach
tourists .
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor
and City Clerk are hereby authorized to execute a revocable
permit for the use of a seawall adjacent to a municipal parking
lot North of sixty-fifth street and Indian Creek Drive.
PASSED AND ADOPTED this 17th day of December , 1980 .
Attest:
City Clerk
FORM APPROVED
LE DEP
By .
Date�j ' r� , 1,5, Ili-'
LTA/mp
OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
• Cart 06 nreamt: Vesaa .
�P � F'cy. FLORIDA 33139
"VACATIONLAND U. S. A. -
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CITY HALL
ELAINE MATTHEWS 1700 Convention Center Drive
CITY CLERK TELEPHONE: 673-7411
January 21 , 1981
Mr. Marshall R. Burack
1300 Southeast First National Bank Building
Miami , Florida 33131
Subject: Captain Matt Hughes/ Biscayne Bay Cruises
Dear Mr. Burack:
Attached is an executed copy of the revocable permit approved by the City
Commission with respect to docking of vessels at a portion of the parking
area at 65th Street and Indian Creek Drive, together with a copy of the
authorizing resolution.
Copies of the agreement have been sent to the appropriate departments of
the City should you wish to contact them.
Yours very truly,
41-4:e":12_ ;9?a,e..., ,,,t/A,v_v..,
Elaine Matthews
City Clerk
cc. Mr. Monte Lee, Economic Development Director
Mr. Frank Cerabone, Assistant to City Manager
Mr. Frank Aymonin, Public Works Director
Mr. Curt Wild, Code Enforcement
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1 4"va�E Rye•-rit
RESOLUTION NO. 80-16504
AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A REVOCABLE PERMIT FOR THE
USE OF A SEAWALL ADJACENT TO A MUNICIPAL
PARKING LOT NORTH OF SIXTY-FIFTH STREET
AND INDIAN CREEK DRIVE.
WHEREAS, Biscayne Bay Cruises, Inc. has requested the
use of the aforementioned municipal seawall for the docking of
vessels and the discharging and collection of passengers for
sight seeing cruises; and
WHEREAS, it is deemed desirable to execute said permit,
for the promotion of recreational activities for Miami Beach
tourists .
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor
and City Clerk are hereby authorized to execute a revocable
permit for the use of a seawall adjacent to a municipal parking
lot North of sixty-fifth street and Indian Creek Drive.
PASSED AND ADOPTED this 17th day of December , 1980 .
\A .
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Attest:
- 16117-i ito/`G.i?/ ti,,,-
City Clerk
•
FORM APPRUvED
LE DEP j .)
By i Z 4 •
Date
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nccirc nc THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
REVOCABLE PERMIT
THIS AGREEMENT, made on the 17th day of December , 1980 ,
by and between the CITY OF MIAMI BEACH, hereinafter caled "City"
and BISCAYNE BAY CRUISES , INC. , hereinafter called the "Permittee" .
WITNESSETH
That the City , for and in consideration of the restrictions
and covenants herein contained , hereby permits the non-exclusive
use of the City property described on Exhibit A attached hereto
for the period of one year commencing on December17th , 1980 .
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE
RESPECTIVE PARTIES HERETO:
That the recitations , statements , covenants , warranties
and agreements hereinabove captioned and set forth hereinabove
and in the attached articles are true and binding upon the respective
parties hereto.
ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the demised premises for docking
a boat to be used for the purpose of operating sightseeing and
dinner cruises on Biscayne Bay, and for the operation of such
cruises from the premises , including the on-loading and off-loading
of passengers and the sale of tickets for such cruises .
ARTICLE II
REGULATORY FEES
To defray the cost of regulating the operation by the
Permittee , from the demised premises , of the cruises described in
Article I above , the Permittee shall pay the City a regulatory
fee of $2 . 75 per seat, per month for each passenger seat on the
boat used for the cruises , for each month the Permittee operates
cruises from the demised premises . Payment shall be made on or
before the 10th day of each month on account of operations for
the preceding month: Fees for the first and last calendar months
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER nRlvE -MIAMI acecw ci mune -,moo
of operation shall be prorated based upon the number of days of
operation . The Permittee shall provide the City with notice of
the first and last day of operations at least 5 days prior to
such dates .
ARTICLE III
ALTERATIONS BY PERMITTEE
The Permittee shall neither construct nor erect any
building, fence , wall , sign, screen enclosure, or any permanent
improvement upon the demised premises or the adjacent portion of
. Indian Creek without prior written consent of the City. The
Permittee shall have sole responsibility for obtaining all local ,
state and federal regulatory approvals , permits or licenses
required for construction of improvements upon the demised premises
or the adjacent portion of Indian Creek. All improvements made
by the Permittee shall be readily removable without injury to the
premises at the expiration of this permit or upon 10 days written
notice from the City. Removal by the City of any improvements
made by the Permittee shall be at the sole expense of the Permittee.
ARTICLE IV
CONDITION OF PREMISES AND MAINTENANCE
The Permittee , at his own expense , shall cause the
demised premiss to be in a state of good condition from the
commencement of this permit. The Permittee shall maintain and
keep the entire demised premises in a neat , clean condition , free
of refuse and debris . All landscaped areas shall be maintained
in a live , healthy, and growing condition, properly watered and
trimmed. Determination of the condition of said premises shall
be made by the City.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The Permittee does hereby agree to indemnify and save
the City harmless from any and all claims , liability , losses ,
damages and causes of actions which may arise out of this revocable
-2-
•
•
permit , or the Permittee ' s activity on the demised premises .
Permittee shall carry general liability insurance with coverage
in the amount of $300 ,000 . single limit for bodily injury and
property damage .
ARTICLE VI
ASSIGNMENT
Without the written consent of the City first obtained
in each case , the Permittee shall not sublet , assign , transfer ,
mortgage , pledge , or dispose of this permit for the term hereof.
ARTICLE VII
NO LIABILITY FOR PERSONAL PROPERTY
All personal property placed or moved on the demised
premises shall be at the risk of the Permittee or the owner
thereof. The City shall not be liable to the Permittee for any
damage to said personal property.
ARTICLE VIII
CITY 'S RIGHT OF ENTRY
The City or ay of its agents , shall have the right to
enter upon the demised premises during all reasonable working
hours for the purpose of inspecting or repairing such premises .
Such right of entry shall likewise exist for the purpose of
removing signs , fixtures , or alterations which do not conform to
this permit. Any removal of improvements or repairs made by the
City and necessitated by the Permittee ' s use of said premises ,
shall be at the sole expense of the Permittee.
ARTICLE IX
REVOCATION OF PERMIT
It is understood and agreed between the parties hereto,
• that the City may, upon ten days written notice to the Permittee ,
cancel this permit if deemed necessary to promote or maintain the
general welfare , comfort , morals , peace , health , safety , and
convenience of the City or its inhabitants .
-3-
•
ARTICLE X
NOTICES
It is understood and agreed between the parties hereto
that written notice addressed to Permittee and mailed or delivered
to Biscayne Bay Cruises , Inc , , 13540 S .W. 6th Street , Fort Lauderdale ,
Florida 33325 shall constitute sufficient notice to the Permittee,
and written notice addressed to the City Manager and mailed or
delivered to the City of Miami Beach, 1700 Convention Center
Drive , Miami Beach, Florida 33139 , shall constitute sufficient
notice to the City to comply with the terms of this Permit. ,
ARTICLE XI
PEACEFUL POSSESSION
Subject to the terms , conditions and covenants of the
Permit , the City agrees that Permittees shall and may peaceably
have , hold and enjoy the premises without hindrances or molestation
by the City.
ARTICLE XII
SURRENDER OF PREMISES
At the expiration of this Permit or any renewal or
cancellation thereof, Permittee shall , without demand, quietly
and peaceably deliver up possession of the demised premises in as
good 'condition as they are now, except for normal wear and decay ,
damage by the elements , or Act of God. The Permittee will be
responsible for the expenses to put said premises in good condition
if said premises are not so at the expiration, renewal , or
cancellation of this Lease.
PERMITTEE FURTHER STATES THAT HE HAS CAREFULLY
READ THE FOREGOING REVOCABLE PERMIT AND KNOWS
THE CONTENTS THEREOF AND FULLY REALIZES ITS
MEANING AND SIGNS THIS REVOCABLE PERMIT AS
HIS OWN FREE ACT.
-4-
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI REACH FI nRinA 33138
EXHIBIT A
The westernmost 150 feet, adjacent to the seawall at
Indian Creek, of the City of Miami Beach Municipal Parking Lot on
Indian Creek Drive immediately north of 65th Street, as shown on
the attached drawing (to be centrally located measured from the
midpoint of the seawall , not to exceed a total length of 150 feet) .
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•
MARINE AUTHORITY ECONOMIC DEVELOPMENT DEPARTMENT OFFICE OF MARINE INSPECTION
Sidney Goldman,Chairman CODE ENFORCEMENT DIVISION 1700 Convention Center Drive
Jack Bernstein,Vice-Chairman Miami Beach,Florida 33139
Joel Aberbach Phone: 673.7297
Jerry L.Sutton
Oscar White
December 29, 1980
Elaine Matthews
City Clerk
City of Miami Beach
Miami Beach , Florida 33119
RE : Biscayne Bay Cruises, Inc.
L: 17-21 parcel of land west of and adjacent
to , etc. B: 3 Amended Plat 2nd Oceanfront
Subdivision
Dear Ms. Matthews:
At a regular meeting of the Marine Authority held
on December 23 , 1980, the full Board unanimously
recommended that Biscayne Bay Cruises, Inc. , be
allowed to dock a boat at the subject location
(municipal parking lot) , for the purpose of
operating a sightseeing business . The boat to
be used is approximately 120 ft . in length , has
a beam of 28 ft . , with a draft of 5 1/2 ft .
The Marine Authority also recommended that Biscayne
Bay Cruises be allowed to erect a 10 x 10 ft .
aluminum building for the purpose of selling
tickets, etc. , and also to erect sufficient pilings
for the mooring of the sightseeing boat .
Sincet ly your ,)
S EY GOLDMAN &P-1
-
Chairman
Marine Autho ity ; .., E C F I l d r r+k
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It j
G .44
M' I
OEC 29 1980
CITY CLERK'S D PT.
• By
.
CITY OF MIAMI BEACH
PPLICATION FOR HEARING BEFORE THE MARINE AUTHORITY FOR:
• APPEAL FROM ADMINISTRATIVE DECISION ' Zip
FILE NO:
• NAME OF APPLICANT BISCAYNE BAY CRUISES, INC.
▪ ADDRESS 13540 S.W. 6th Street, Fort Lauderdale, Florida 33325
• LEGAL DESCRIPTION Lots 17 - 21 , Parcel of Land west of and adjacent to, etc. ,
Block 3, Subdivision. Amended Plat, 2nd OceanfrontuUSE: Mu.
• HAS THIS PROPERTY PREVIOUSLY BEEN THE SUBJECT OF AN APPEAL TO THE MARINE AUTHORITY?
YES DATE DECISION
NO X
. VESSEL (NAME AND/OR REGISTRATION NO. GRAY LINE - BELLE
. DOCK - PIER - MOORING PILE ---LOCATION Sea wall adjacent to municipal parking
lot on Indian Creek Drive at the foot of and immediately north of 65th St.
. OTHER (DESCRIBE)
• APPLICANT REQUESTS THE FOLLOWING: Permission to operate sightseeing and
dinner cruises on Biscayne Bay from the above-described location
. ADMINISTRATIVE OFFICER'S GROUNDS FOR DENIAL:
. LETTER OF AUTHORIZATION BY OWNER (IF APPLICANT IS NOT OWNER)
IN SUPPORT OF THIS REQUEST, I ATTACHED THE FOLLOWING: PLANS
LETTER OF HARDSHIP OTHER Cover letter
. IN SUPPORT OF THIS APPEAL, I AGREE TO COMPLY WITH ALL CONDITIONS ATTACHED TO THIS APPEAL
AS GRANTED BY THE CITY OF MIAMI BEACH MARINE AUTHORITY.
DATE /2//7/80 APPLICANT'S SIGNATURE Vj gilt* '74e
E FOLLOWING ARE TO BE NOTIFIED OF HEARINGS AS MY REPRESENTATIVE:
NAME Marshall R. Burack ADDRESS 1300 S.E. First National PHONE 371-2000
Paul & Thomson •
Bank Building
Miami, Florida 33131
,TION TAKEN BY MARINE AUTHORITY
,TE OF DECISION ti)- /i p GRANTED DENIED
)MINISTRATIVE RULING I/ ) Wu.L./Li ct e( d�l fA�.� co•. (,jiti,e4 A.c disL'filt,:c
1i.JL4 Z� �-- Q cez-tc_.C. c-C rz.44.11r '` C1 1Cc' 1.
t
Marine Authorfiv Secretary
PAUL & THOMSON
ATTORNEYS AT LAW
1300 SOUTHEAST FIRST NATIONAL BANK BUILDING
MIAMI, FLORIDA 33131
TELEPHONE AND TELECOPIER
(305)371 2000
INTERNATIONAL TELEX
44-120t
CABLE:DPSP(VIA ITT)
December 17 , 1980
City of Miami Beach
Marine Authority
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Sir or Madame:
Enclosed is an application filed on behalf
of Capt. Matt Hughes and Biscayne Bay Cruises, Inc.
to appear before the Marine Authority at its meeting
on December 23. Biscayne Bay Cruises proposes to
operate sightseeing and dinner cruises on Biscayne
Bay, operating from the municipal parking lot
adjacent to Indian Creek at the foot of 65th Street.
Sincerely,
Wati` d
Marshall R. Burack
MRB/tv
Enclosure
V V '
. .
IN WITNESS WHEREOF , the parties have hereunto executed
this Permit Agreement for the purposes herein expressed the day
and year first above written.
CITY OF MIAMI BEACH
, _ Mayor '
ATTEST:
4t24 f .<
City C eilk
BISCAYNE BAY CRUISES , INC.
.
ilkilLA+s
ee
In the presence of:
'itit
aid‘ec,(,t K &t,c,,,,,e,k_
nit,i2,' szhazi-A-1
esses
SWORN TO and SUBSCRIBED before me this ç -,/ 1day of December, 1980 .
(
ez( /Ac. 1<O) • moi ) x-Yrc '/(
N4T �•Y PIJBL C, State of Florida
at Large
My Commission Expires :
NOTARY PUBLIC STATE OF FLORIDA AT LARGE
MY COMMISSION EXPIRES DEC 13 1903
IONDEE2 JHRU GENE041.-RIS UPIDERWRITEAS
FORM APPROVED
LEGA ,SEPT
by I A„).
_
bate 1)c'c VI I q(-b
VK1li1LVAL
RESOLUTION NO. 80-16504
(Authorizing the Mayor and City Clerk to
execute a revocable permit for use of a
seawall adjacent to a Municipal parking '
lot north of 65th St. and Indian Cr.Dr.)
_ 1/4
411111,111111011.
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