RESOLUTION 90-19865 RESOLUTION NO: 90-19865
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE A REVOCABLE PERMIT
TO YACHTING PROMOTIONS, MIAMI, INC. , FOR THE
USE OF 600 . 0 FEET ALONG THE SEAWALL ON INDIAN
CREEK OF OUT LOT #7 AMENDED PLAT OF INDIAN
BEACH CORPORATION' S SUB (8-61) WHICH IS
DIRECTLY ACROSS FROM THE MUNICIPAL PARKING
AREA #19-X AT 46TH STREET AND COLLINS AVENUE
WHEREAS, Yachting Promotions - Miami, Inc. has requested a
revocable permit for the use of 600 . 0 feet of out-lot #7 on Indian
Creek at 46th Street and Collins Avenue for the placement of
floating docks for the purpose of docking and mooring yachts and
other vessels during an event entitled "The Brokerage Yacht Show"
during the period February 12 - 22 , 1990 .
WHEREAS, the City Manager recommends granting of the revocable
permit and the City Attorney has approved the permit as to form;
and
WHEREAS, the City ' s Marine Authority reviewed the plans for
the use authorized under the permit at its meeting on August 10,
1989 . The Marine Authority recommended approval of the revocable
permit.
NOW, THEREFORE, Bfl IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH that the Mayor and the City Clerk are hereby
authorized to execute the revocable permit attached hereto, for the
use of 600 . 0 feet along the seawall on Indian Creek of out-lot #
7 amended plat of Indian Beach Corporation ' s Sub. (8-61) which is
directly across from the Municipal Parking Area #19-X at 46th
Street and Collins Ave iue for the period commencing February 12 ,
1990 and terminating on February 22 , 1990.
PASSED AND ADOPTED THIS day ''�of 1 1989 .
VI -' -MAYOR
Attest:
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CITY CLERK
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. die 7/ 4
DATE:
TO: Mayor Alex Daoud
Members of th ity Com ssi
FROM: Rob W. Par ins im,",/,fri
CityManager 4,, dow
SUBJECT: REVOCABLE P:. ' IT TO YACHTING PROMOTIONS - MIAMI, INC. FOR
THE TEMPORARY USE OF THE SEAWALL ON INDIAN CREEK AT THE OUT
LOTS ADJACENT TO THE MUNICIPAL PARKING LOT AT 46TH STREET
AND COLLINS AVENUE
BACKGROUND
Yachting Promotions - Miami, Inc. has requested permission to use
600 feet of the seawall across from the City ' s parking lot #19-X on
Indian Creek at 46th and Collins Avenue to place temporary floating
docks for the purpose of docking and mooring yachts and other vessels
during an event entitled "The Brokerage Yacht Show" during the period
February 12 - 22 , 1990.
The Permittee plans to dock as many as 80 - 100 vessels at the site
which will be available for visual inspection by prospective
purchasers. The vessels will be moored in place for the duration
of the show. Prospective purchasers will make individual
arrangements for thorough inspections of the vessels subsequent to
the show dates. No excursions or transport of passengers from the
site is permitted from the site, rather docking and display of the
yachts only.
The Permittee is required to obtain all necessary permits, to hold
the City harmless for all liability and to provide insurance coverage
as required by the City' s Risk Manager.
A regulatory fee of Eighty Cents ($. 80) per foot, per day, for the
duration of the event is established (Total fee: $5 , 280 . 00) .
The plans for the proposed use were reviewed by the City ' s Marine
Authority at its meeting on August 10, 1989 . The Marine Authority
recommended approval of the revocable permit.
ADMINISTRATION RECOMMENDATION
The City Administration recommends adoption of the attached
Resolution authorizing the Mayor and City Clerk to execute the
revocable permit to Yachting Promotions - Miami, Inc.
RWP:EJD:HCM: ses
, 8 AGENDA
ITEM
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DATE
REVOCABLE PERMIT
THIS AGREEMENT, made on the 29 th day of August , 1989,
by and between the CITY OF MIAMI BEACH, hereinafter called "City"
and YACHTING PROMOTIONS - MIAMI, INC. , 1115 N.E. 9th Avenue, Ft.
Lauderdale, Florida 33304 , hereinafter called "Permittee" .
WITNESSETH
WHEREAS, the City is the owner of the 46th Street Out Lots,
adjacent to the Municipal Parking Lot at 46th Street and Collins
Avenue; and
WHEREAS, the Marine Authority of the City of Miami Beach, at
its meeting on August 17 , 1989, reviewed and approved the plans and
safety precautions of the Permittee .
NOW THEREFORE, in consideration of the restrictions and
covenants herein contained, the City hereby permits the exclusive
use of the City property described in Exhibit "A" attached hereto
(hereinafter "Demised Premises" ) .
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE
PARTIES HERETO:
That the recitations, statements, covenants, warranties and
agreements hereinabove and in the attached articles are true and
binding upon the respective parties hereto.
ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the Demised Premises for the placement
of temporary docks in order to dock or moor watercraft or vessels
for activities directly associates with the production of a show
entitled "The Brokerage Yacht Show" and for no other purpose
whatsoever. The docks and vessels which are contemplated to be
situated at the Demised Premises are more particularly described
on Exhibit "B" attached hereto.
The Permittee shall have the sole responsibility for obtaining
any and all local , state and Federal regulatory approvals , permits
or licenses required for operations associated with the use of the
Demised Premises .
_1_
ARTICLE II
TERM
The Permittee shall have f the use of the above mentioned
premises corencing at 12 : 01 A.M. on February 12 , 1990 and ending
at 12 : 00 midnight on February 22 , 1990, for a period of eleven (11)
days.
Termination shall be accomplished by either party giving the
other party notice of writing of intent to terminate at least five
(5) days prior to such date. However, pursuant to Article XI of
this permit, the City may, upon three (3) days written notice to
the Permittee, cancel this permit for cause if deemed necessary to
promote or raintain the general welfare, comfort, morals, peace,
health, safety or convenience of the City or its inhabitants.
ARTICLE III
REGULATORY FEES
To defray the cost of regulating the operations of the
Permittee, from the Demised Premises , the Permittee shall pay to
the City a regulatory fee of Eighty ($0. 80) Cents per foot of the
six hundred (600) total feet of the seawall of the Demised
Premises, per day, for a total of $5, 280. 00 for the entire term of
this permit. Such regulatory fees shall be paid to the City prior
to the commencement of the term of this Agreement.
ARTICLE IV
RECORDS; AUDIT
The Permittee agrees to establish/maintain such records as
may be prescribed by the City in the future to provide evidence
that all terms of permit have been and are being observed.
ARTICLE V
ALTERATIONS BY PERMITTEE
Except for the alterations and/or improvements described on
Exhibit "B" , attached hereto, the Permittee shall neither
construct nor erect any building, fence, wall , sign, screen
enclosure, or any permanent improvement upon the demised premises
or the adjacent portion of Indian Creek without prior written
consent of the City. The Permittee shall have the sole
responsibility for obtaining all local , state and Federal
regulatory approvals, permits or licenses required for construction
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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 Demised Premises at the
expiration of this permit or upon ten (10) days written notice from
the City. Removal by the City of any improvements made by the
Permittee shall be at the sole expense of the Permittee, and
Permittee shall pay the City for any expense within ten (10) days
of demand by the City.
ARTICLE VI
CONDITION OF DEMISED PREMISES AND MAINTENANCE
The Permittee, at his own expense, shall cause the Demised
Premises to be in a state of good condition from the commencement
of this permit. The Permittee shall maintain and keep the entire
Demised Premises in a neat, clean condition, free of refuse and
debris. All landscaped areas shall be maintained in a live,
healthy, and growing condition, properly watered and trimmed.
Determination of the condition of said premises shall be made by
the City.
ARTICLE VII
INSURANCE, HOLD HARMLESS AND INDEMNITY
The Permittee does hereby agree to indemnify and hold harmless
the City for all claims, liability, losses, damages and causes of
action which may arise out of this revocable permit or the
Permittee ' s activity on the Demised Premises.
The Permittee shall also carry in full force and effect
throughout the duration of this permit, the following insurance
coverage:
1. Protection • - • demnity Coverage i luding passeng
l iabi l it .nd cover.ge for masters .nd member of the cr - in
theme.• ount of $1 , 000 000 per p- son. This policy mast name
----the City
as an additi •nal i . ured.
2 . General Liability, inc uding contractual liability, in the
amount of $5, 000, 000 . 00 per occurrence. The City must be named
as an additional insured.
3 . Workers ' Compensation coverage including United States
Longshoremen and Harborworkers and Jones Act coverage.
4 . Original certificates of insurance must be submitted
evidencing the above coverage and approved by the City' s Risk
Manager prior to operating.
5 . The City must be notified thirty (30) days prior to any
cancellation or change of coverage .
_3_
ARTICLE VIII
ASSIGNMENT
Without the prior written consent of the City Manager, the
Permittee shall not sublet, assign, transfer, mortgage, pledge, or
dispose of this permit for the term hereof.
ARTICLE IX
NO LIABILITY FOR PERSONAL PROPERTY
All personal property placed or moved on the Demised Premises
shall be at the risk of the Permittee or the owner thereof . The
City shall not be liable to the Permittee for any damage to said
personal property.
ARTICLE X
CITY' S RIGHT OF ENTRY
The City or any of its agents, shall have the right to enter
upon the Demised Premises during all reasonable working hours for
the purpose of inspecting or repairing such premises. Such right
of entry shall likewise exist for the purpose of removing signs,
fixtures, or alterations which do not conform to this permit.
Any removal of improvements or repairs made by the City and
necessitated by the Permittee 's use of said Demised Premises, shall
be at the sole expense of the Permittee.
ARTICLE XI
REVOCATION OF PERMIT
It is understood and agreed between the parties hereto, that
the City may, upon three (3) days written notice to the Permittee,
cancel this permit for cause if deemed necessary to promote or
maintain the general welfare, comfort, morals, peace, health,
safety, or convenience of the City or its inhabitants.
ARTICLE XII
NOTICES
It is understood and agreed between the parties hereto that
written notice addressed to the Permittee and mailed (certified
mail , return receipt requested) or hand delivered to Yachting
Promotions - Miami , Inc. , 1115 N.E. 9th Avenue, Ft. Lauderdale,
Florida 33304 , shall constitute sufficient notice to the Permittee,
and written notice addressed to the City Manager and mailed
(certified mail , return receipt requested) or hand delivered to the
City of Miami Beach, 1700 Convention Center Drive, Miami Beach,
-4-
Florida 33139, shall constitute sufficient notice to the City to
comply with the terms of this Permit.
ARTICLE XIII
PEACEFUL POSSESSION
Subject to the terms, conditions and covenants of the Permit,
the City agrees that Permittee shall and may peacefully have, hold
and enjoy the premises without hindrances or molestation by the
City.
ARTICLE XIV
SURRENDER OF PREMISES
At the expiration of this Permit or any renewal or
cancellation thereof, Permittee shall , without demand, quietly and
peaceably deliver up possession of the demised premises in as good
condition as they are now, except for normal wear and decay, damage
by the elements, or Act of God.
The Permittee will be responsible for the expenses to put said
premises in good condition, if said premises are not in good
condition at the expiration, renewal , or cancellation of this
Lease.
The Permittee shall remove any improvements which he installs
upon the premises at his sole cost and expense.
IN WITNESS WHEREOF, the parties have hereunto executed this
Permit Agreement for the purposes herein expressed the day and year
first above written.
ATTEST: CITY OF MIAMI BEACH
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CITY CLERK VICE-MAYOR
In The Presence of: YACHTING PROMOTIONS - MIAMI,
_ INC.
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EXHIBIT "A"
REVOCABLE PERMIT
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EXHIBIT "B"
REVOCABLE PERMIT
VESSELS TO BE DOCKED AND ALTERATIONS TO PREMISES
Temporary docks will be placed immediately adjacent to the seawall
to accommodate as many as 80-100 yachts and other vessels which may
be available for visual inspection by prospective purchasers. As
many as two floating barges may be placed in the adjacent to the
demised premises to accommodate tented seating lounge areas .
In accordance with the recommendation approved by the Marine
Authority at its meeting on August 17 , 1989 , all docks, pilings,
dolphins, lines and other moorings both above and below the water
line shall be within the 250 ' x 600 ' area shown on Exhibit "A"
attached hereto.
A temporary fence, subject to the approval of the City ' s Planning
and Zoning Department, may be located adjacent to the sidewalk to
enhance security and safety precautions . A temporary ticket booth
o r office may be placed on the out lots . No part of any fence or
temporary building may block any portion of the sidewalk or
otherwise impede pedestrian or vehicular traffic.
A temporary banner may be erected on the demised premises, subject
to the approval of the City ' s Planning and Zoning Department.
_7_ j
ORIGINAL
RESOLUTION NO. 90-19bb5
Authorizing the Mayor and the City Clerk
to execute a revocable permit to Yachting
Promotions, Miami, Inc. , for the use of
600.0 feet along the seawall on Indian
Creek of Out Lot #7 amended Plat of Indian_
Beach Corporation's Sub (8-61) which is
directly across from the municipal parking
area #19-X at 46th Street and Collins
Avenue.
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