99-23412 RESO
RESOLUTION NO:
99-23412
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A SHORT-TERM LEASE AGREEMENT WITH
YACHTING PROMOTIONS, INC. FOR THE USE OF THE
OUT LOTS AND APPROXIMATELY 600 FEET ALONG THE
SEAWALL ON INDIAN CREEK OUT LOT #7 AMENDED
PLAT OF INDIAN BEACH CORPORATION'S SUB (8-61)
WHICH IS DIRECTLY ACROSS FROM MUNICIPAL
PARKING AREA #19-X AT 46TH STREET AND COLLINS
AVENUE FOR THE PURPOSE OF DOCKING AND MOORING
USED YACHTS AND OTHER USED VESSELS FOR THE
BROKERAGE YACHT SHOW, FOR THE PERIOD OF
JANUARY 27, 2000, THROUGH FEBRUARY 27, 2000.
WHEREAS, Yachting Promotions, Inc. has requested to use the
City seawall and lease the abutting out-lots located adjacent to
Indian Creek, at 46th Street and Collins Avenue, for the placement
of floating docks for the purpose of docking and mooring used
yachts and other used vessels during an event entitled, "The
Brokerage Yacht Show", for the period of January 27, 2000, through
February 27, 2000; and
WHEREAS, the Administration recommends authorizing this use,
and execution of the attached short-term Lease Agreement
(Agreement), for the aforementioned period of time; and
WHEREAS, The City's Marine Authority reviewed the plans for
the use authorized under the Agreement, at its meeting on July 13,
1999, and recommended approval, subject to those certain conditions
set forth in the Agreement; and
WHEREAS, the Planning Board of the City of Miami Beach, held
a public hearing on September 28, 1999, and approved Yachting
Promotions, Inc. 's, request for a Conditional Use Permit pertaining
to the use set forth in the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and the City
Clerk are hereby authorized to execute the attached short-term
Lease Agreement, for the use of approximately 600 feet along the
seawall on Indian Creek including out-lot #7 amended plat of Indian
Beach Corporation I s Sub (8 - 61), which is directly across from
Municipal Parking Area #19-X at 46th Street and Collins Avenue, for
the period of January 27, 2000, through February 27, 2000, for the
purpose of docking and mooring used yachts and other used vessels
during the "Brokerage Yacht Show" event.
PASSED AND ADOPTED THIS 15th day of December, 1999.
1A
MAYOR
Attest:
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY CLERK
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T:\AGENDA\1999\DEC1599\CONSENT\YACHTRES.MDB 12/9/99
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
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TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. q 0 2 -9'1
Mayor Neisen Kasdin and
Members of the City C mission
DATE: December 15, 1999
Sergio Rodriguez
City Manager
A RESOLU OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A SHORT-TERM LEASE AGREEMENT
WITH YACHTING PROMOTIONS, INC. FOR THE USE OF THE OUT
LOTS AND APPROXIMA TEL Y 600 FEET ALONG THE SEAWALL ON
INDIAN CREEK OUT LOT #7 AMENDED PLAT OF INDIAN BEACH
CORPORATION'S SUB (8-61) WHICH IS DIRECTLY ACROSS FROM
MUNICIPAL PARKING AREA #19-X AT 46TH STREET AND COLLINS
AVENUE FOR THE PURPOSE OF DOCKING AND MOORING USED
YACHTS AND OTHER USED VESSELS FOR THE BROKERAGE YACHT
SHOW, FOR THE PERIOD OF JANUARY 27, 2000, THROUGH FEBRUARY
27,2000.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANAL YSIS:
Yachting Promotions, Inc. (YPI) has requested to lease the City-owned property known as the 46th
Street out-lots directly across the street from the parking facility located on 46th Street and Collins
A venue and just north of the Eden Roc Hotel. YPl's request is for approximately 600 feet along the
Seawall on Indian Creek to place floating docks for the purpose of docking and mooring yachts and
other vessels for the 2000 Yacht Brokerage Show from January 27, 2000, through February 27,
2000, as listed below:
Dock Set-up ................................. January 27 through February 6, 2000
Move-in of Boats ........................... February 7, through February 16,2000
Show Dates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. February 17, through February 21, 2000
Move-out ................................ February 22, through February 24,2000
Break-down .............................. February 21, through February 27, 2000
On December 16, 1992, the City Commission adopted Resolution No. 92-20683 authorizing the
Mayor and the City Clerk to execute a revocable permit to YPI for the use of the subject out-lots.
AGENDA ITEM
(21 A
DATE~
On September 22, 1993, the City Commission adopted Resolution 93-20902 authorizing the Mayor
and the City Clerk to execute a three year revocable permit for the 1994, 1995, and 1996 show dates.
In 1997, 1998, and 1999, the YPI requested and the Administration recommended that permission
be granted for the respective show dates. The City Commission concurred in each case and adopted
Resolutions No. 97-22258, 98-22644, and 98-22956, respectively approving same. The following
schedule details the fees paid to the City by YPI from 1994 through the present.
Show Year Fee
1994 ............................................................ $10,200.00
1995 ............................................................ $10,710.00
1996 ............................................................ $11,245.50
1997 ............................................................ $18,309.00
1998 ............................................................ $20,140.00
1999 ............................................................ $22,154.00
2000 ......................... (proposed)......................... $24,369.00
The request by YPI for use of the premises during the 2000 dates specified above does not conflict
with the terms of the City's Agreement with the Miami International Boat Show as long as the boats
being displayed are not new (i.e., that they are used and pre-owned). At the conclusion of the 1999
Show, the Administration met to review both the positive and negative aspects of that Show and to
provide recommendations for the 2000 Show. YPI has committed to abide by the following
recommendations:
· To submit a letter stating that all of the vessels to be displayed in the area for which the
permit is requested are used (i.e. pre-owned), prior to the City's issuance of the permit.
· To submit the hull numbers of all vessels which will be displayed during the show in the area
for which the permit is requested, prior to the arrival of any vessels.
· l' 0 use and maintain the existing restroom facilities on the 46th Street Parking Lot for the
shows patrons from February 17,2000 through February 21,2000, in addition to the portable
units ("crowd pleasers"), which may have been approved.
· To provide on premise off-duty police officers as recommended by the Miami Beach Police
Department and pursuant to the terms of the Lease Agreement as follows:
OFF-DlJTY SET-UP MOVE-IN SHOW MOVE-OUT BREAKDOWN
1/27-2/6 2/7-2/16 2/17-2/21 2/22-2/24 2121-2/27
POLICE 2 2 Minimum 4 officers 2 to 5 officers 2 officers
DEPT. (Straight Shifts) 1 supervisor I Supervisor
MARINE 1 offl I boat 2 ofTI I boat 2 Off/ Day I: I Ofm Boat
PATROL 1 boat 6 Off/3 Boats
& Other Days:
BOATS 2 Offl I Boat
FIRE Ilnsp Ilnsp Ilnsp Ilnsp Ilnsp
DEPT. lEMT IEMT lEMT IEMT IEMT
· To lease private property at the former St. Francis Hospital site from which to unload,
launch, and load the floating docks that will be used, thereby eliminating the need to obstruct
the sidewalk on Collins A venue with a crane.
· To refrain from parking any vehicles on the west side of Collins Avenue, except during
loading and unloading of dock construction materials and those providing support materials
on a continuous basis.
· To provide a Performance Bond or Cashiers Check in the amount of $5,000 as security for
faithful performance of, and conformance to, the provisions of the Lease Agreement.
· To restore all out-lots within the show's boundaries within one (1) week ofIast move-out
date.
· 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.
· To provide electronic signs which will inform the public of bridge openings during the
move-in and move-out dates, and provide parking information during the show dates:
one on the 6400 block of Indian Creek Drive for south bound traffic.
two at key roadway intersections (including the 41st Street area), pursuant to the
Planning Board's Order, and as determined by the City.
one at a location to be determined by the City.
· To arrange and pay for the Miami Beach Marine Patrol and Indian Creek Marine Patrol to
provide patrol boats and staff during the set-up/move-in, show, and move-outlbreak-down
days to monitor the rowing club and other marine traffic as it moves through the channel.
· To arrange for and lease, no more than 39 parking spaces to accommodate the uses listed
below:
One Office Trailer 21 'wide by 55'long . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 spaces
One Office Trailer 21 'wide by 55'long . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 spaces
One Restroom Trailer 21 'wide by 55'long . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 spaces
Four 8 yard, or One 20/30 yard dumpster ............................ 6 spaces
Four Service Vehicles(Vans/Pick-up Trucks) .......... . . . . . . . . . . . . . . . 4 spaces
Two Motor Homes (Office & Security) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 spaces
· To provide the following insurance coverage as approved by the Office of Risk Management:
Commercial General Liability, including contractual liability, in the amount of
$1,000,000 per occurrence
Workers' Compensation coverage including United States Longshoremen and
Harborworker's and Jones Act coverage.
· Subject to U.S. Coast Guard approval, operation of the 63rd Street bridge will be restricted
from its normal on demand opening schedule. During "set-up" and "breakdown" periods the
bridge shall open on signal, except that between the hours of 7:00 AM and 9:00 AM, and
between 5:00 PM and 7:00 PM, the openings shall be limited to one per hour.
· The Lessee has agreed to conform and abide by the conditions imposed by the Planning
Board on September 28, 1999, pursuant to the Amended and Restated Conditional Use
Permit, File No.1416, and by the recommendations made by the Marine Authority on July
13, 1999 (Exhibits 1 and 2, respectively). More specifically the Marine Authority further
recommended the following:
· In addition to any other existing clean-up requirement, any trash and/or debris found on
the 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
YPI.
· YPI shall provide and maintain double flashing lights (2 per piling) , in good operating
condition at all times that the pilings are in place.
· YPI shall maintain a channel width in accordance with the Marine Authority's previous
years recommendations.
Furthermore, Yachting Promotion, Inc. has received approval and/or positive recommendations
from, the following authorities
Miami Beach Planning Board ............................ 9/28/99 (Exhibit 1)
Miami Beach Marine Authority. . . . . . . . . . . . . . . . . . . . . . . . . .. 7/13/99 (Exhibit 2)
Miami-Dade County D.E.R.M. ........................... 1/28/98 (Exhibit 3)
Army Corps of Engineers ............................... 1/28/98 (Exhibit 4)
Miami-Dade County Commission. . . . . . . . . . . . . . . . . . . . . . . .. 1/13/98 (Exhibit 5)
and is pending final approvals, which must be obtained prior to the issuance of a Building Permit
from the City, from the following authorities:
Florida D.E.P .... . . . . . . . . . . . . . . . . . . . . . (expected prior to 11712000) (Exhibit 6)
Florida D.O.T. ........................ (expected prior to 117/2000) (Exhibit 7)
U.S. Coast Guard. . . . . . . . . . . . . . . . . . . . . . (expected prior to 117/2000) (Exhibit 8)
Adopting the resolution authorizing the execution of the lease agreement, provides the City an
opportunity to continue enhancing its international reputation as a showcase for watercraft, by
hosting this pre-owned boat show which supplements the Miami Beach International Boat Show.
Additionally, said lease will result in revenues to the City of Twenty-four Thousand Three
Hundred Sixty-nine Dollars ($24,369) for the use of the premises for a thirty-two (32) day period.
The necessary plans, insurance, local, state and federal regulatory approvals, permits and licenses
required for the operation will be provided by YPI.
~
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Attac~nts fI
T:\AGENDA \ 1 999\DEC 1 599\CONSENT\ Y ACHTMEM,MDB 12/8/99.1
LEASE AGREEMENT
THIS AGREEMENT, made on the December 15, 1999, 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,
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 1999 Yacht Brokerage Show, from January 27, 2000 to February
27, 2000; and
WHEREAS, the Marine Authority of the City of Miami Beach, at
its meeting of July 13, 1999, 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 28, 1999, 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 27, 2000, through February 27, 2000, entitled the
"Yacht Brokerage Show" for the sale of used boats only, and for no
other purpose whatsoever. The docks and vessels which are
1
contemplated to be situated on
particularly described in Exhibit
the Demised Premises
"A", attached hereto.
are
more
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 with the use of the
Demised Premises. Lessee shall comply with all applicable
statutes, ordinances, rules, orders, regulations and requirements
of the City, County, Stater and Federal agencies
ARTICLE II
TERM
The Lessee shall have the use of the Demised Premises
commenclng at 12:01 A.M. on January 27, 2000, and ending at
midnight on February 27, 2000j 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 Fifteen Thousand Six Hundred Thirty-three
Dollars ($15,633.00), payable 50% upon execution of this Lease by
the Lessee, and 50% on, or before January 27, 2000. In the event
that Lessee has not secured all required permits and approvals by
January 27, 2000, 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 27, 2000, there shall be no
refund.
ARTICLE IV
RENT FOR OUT-LOTS
The Lessee shall pay to the City a rent of Eight Thousand
Seven Hundred Thirty-six Dollars ($8,736.00), payable 50% upon
execution of this Lease by the Lessee, and 50% on or before January
27, 2000, for the use of the out-lots described in Exhibit "B" ,
at tached hereto. In the event that Lessee has not secured all
required permits and approvals by January 27, 2000, 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 27, 2000, there shall be no refund.
2
ARTICLE V
PERFORMANCE BOND
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.
ARTICLE VI
RECORDS: AUDIT
The Lessee agrees to establish/maintain such records as may be
prescribed by the City to provide evidence that all terms of the
Lease have been and are being observed.
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
wri t ten consent of the City. The Lessee shall have the sole
responsibility for obtaining all local, state and Federal
regulatory approvals, permits or licenses required for construction
of improvements upon the Demised Premises. All improvements made
by the Lessee shall be readily removable without injury to the
Demised Premises or the adjacent property on Indian Creek 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 REOUIREMENTS
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
3
additional recommendations made at its meeting of July 13, 1999,
the Lessee shall:
1. Provide at least one (1) life preserver at every other
piling.
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, dolphins 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.
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.
6. Lessee shall maintain a channel width in accordance
with the Marine Authority's previous years
recommendations.
The Lessee agrees to conform with all conditions outlined in
the Conditional Use Permit, File No. 1416, that was approved by the
Planning Board during the public hearing held on September 28,
1999, and attached and incorporated as Exhibit "1" hereto.
Furthermore the City and the Lessee agree to the following:
1. Subject to the approval of the City'S Planning and Zoning
Department, a temporary fencer 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 out lots. No part of any fence or temporary
building may block any portion of the sidewalk or otherwise
impede pedestrian or vehicular traffic.
2. Subject to the approval of the City'S Planning and Zoning
Department, a temporary banner may be erected on the
Demised Premises.
3. 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
4
are providing support materials on a continuous basis, and
with the supervision of an off-duty police officer.
4. In addition to any other costs agreed to herein, the Lessee
will be responsible for all costs, including administrative
fees, associated with arranging and providing for the Miami
Beach Marine Patrol and/or the Indian Creek Marine 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 MOVE-OUT BREAKDOWN
1/27-2/6 2/7-2/16 2/17-2/21 2/22-2/24 2/21-2/27
POLICE 2 2 Minimum 4 officers 2 to 5 2 officers
DEPT. (Straight 1 supervisor officers
Shifts) 1 Supervisor
MARINE 1 off/ 1 boat 2 off/l boat 2 Off/ Day 1: 1 Off/l Boat
PATROL 1 boat 6 Off/3 Boats
& Other Days:
BOATS 2 Off/ 1 Boat
FIRE 1 Insp 1 Insp 1 Insp 1 Insp 1 Insp
DEPT. 1 EMT 1 EMT 1 EMT 1 EMT 1 EMT
5. 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) two at key roadway intersections (including the 41st
Street area) as provided in the attached Conditional
Use Permit, and as determined by the City
c) one at a location determined by the City
6. Subject to U.S. Coast Guard approval, operation of the 63rd
Street bridge will be restricted from its normal on demand
opening schedule. During "set-up" and "breakdown" periods the
bridge shall open on signal, except that between the hours of
7: 00 AM and 9: 00 AM, and between 5: 00 PM and 7: 00 PM, the
openings shall be limited to one per hour.
7. 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'long
7 spaces
c)
One Restroom Trailer 21'wide by 55'long
7 spaces
5
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.
8. 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.
9. The Lessee agrees to submit a letter stating that all of the
boats to be displayed are used (i.e. pre-owned) , prior to the
City's issuance of the permit.
10. The Lessee agrees to submit the hull numbers of all vessels
which will be displayed during the show, prior to the vessels
arriving.
11. The Lessee agrees 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.
12. The Lessee agrees to provide additional off-duty police
officers as follows:
a) One (1) officer on Washington Avenue on February 17th,
18th, 19th, 20th, and 21st, 2000 to assist with shuttle bus
operations.
b) One (1) motorcycle officer to monitor traffic on the 63rd
Street Bridge on February 22, 2000 (the first move-out
day) .
6
13. The Lessee agrees to lease private property from which to
unload, launch, and load the floating docks that will be used,
thereby eliminating the need to obstruct the sidewalk on
Collins Avenue with a crane
14. The Lessee agrees to restore all out-lots within the show's
boundaries within one (1) week of last move-out date.
15. 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.
16. The Lessee shall provide to the Lessor, and abide by the
permits and/or recommendations of the following authorities:
a) Miami Beach Planning Board Conditional Use Permit
File No. 1416 (9/28/99) (Exhibit 1)
b) Miami Beach Marine Authority Recommendation
(July 13, 1999)
(Exhibit 2)
c) Miami-Dade County D.E.R.M.
Permit No.CC97-192 (1/28/98)
(Exhibit 3)
d) U.s. Army Corps of Engineers
Permit No.199031326(IP-BP) (1/28/98)
(Exhibit 4)
e) Miami-Dade County Commission 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)
* 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.
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 from the
commencement of this Lease. The Lessee 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.
7
Determination of the condition of the Demised Premises shall be
made solely by the City.
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
liabili ty, in the amount of One Million Dollars
($1,000,000.00) 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.
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 said personal
property.
8
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 this 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.
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 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.
9
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 decay, damage
by the elements, or Act of God.
The Lessee will be responsible for the expenses to
Premises in good condition, if said Premises are not
condition at the expiration, renewal, or cancellation of
frame or this Lease.
The Lessee shall remove any improvements which it installs
upon the Premises at its sole cost and expense.
put said
ln good
the time
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 ($5000). 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 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.
10
IN WITNESS WHEREOF, the parties have hereunto executed this
Lease for the purposes herein expressed the days and years first
above written.
ATTEST:
CITY OF MIAMI BEACH
Q{lUAX PCL,-J~
CITY CLERK
~~ MAYOR
In the presence of:
YACHTING PROMOTIONS, INC.
Secretary
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~~v Pll~ JOHN H. STELLA
~l:~ COMMISSION II CC 654273
'!l l! EXPIRESAUG 8, 2001
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OF f\) ATLANTIC BONDING CO., INC.
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11
BEFORE THE PLANNING BOARD
OF THE CITY OF MIAMI BEACH, FLORIDA
INRE:
The Application of
YACHTING PROMOTIONS INC.
CONDITIONAL USE PERMIT
File No.: 1416
On the 29th day of July, 1999, the applicant, Yachting Promotions Inc., filed an application with the Director
of Planning and Zoning for a Conditional Use Pennit pursuant to Section 118-193 of the Land Development
Regulations of the Code of the City of Miami Beach, Florida. The Miami Beach Planning Board held a
public hearing on September 28, 1999 and voted to approve the following:
REQUEST:
The Applicant, Yachting Promotions Inc., Requests 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.
ADDRESS:
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
4747 Collins Avenue - Torsten Reineck
4775 Collins Avenue - New Florida Properties
4883 Collins Avenue - Westin Hotel
4925 Collins Avenue - The Executive
5001 Collins Avenue - Carriage Club South
LEGAL DESCRIPTION:
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 descn'bed as follows:
Exhibit 1
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 oftennination
of the said six courses and distances; thence North 75'40'45" West, a
distance of 158.88 feet; thence courses distances; thence North
75'40'45" West, a distance 158.88 feet; thence Northerly on the East
line ofa 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 of 375.18 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 of
298.61 feet; thence North 00'52'09" East, a distance of231.41 feet;
thence North 09'14'37" West, a distance of228.15 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 North 03'06'58" East, 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 to a 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.
Notice of the request for Conditional Use was given as required by law and mailed out to owners of property
within a distance of375 feet of the exterior limits of the property upon which the application was made. The
Board finds that the property in question is located in the WD-l Waterway District No.1. The Board further
fInds, based upon the evidence, testimony, information and documentation presented at the public hearing,
the staff report, inclusive of the staff recommendations, all of which are incorporated herein:
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;
That necessary safeguards will be provided for the protection of surrounding property, persons, and
neighborhood values.
IT IS THEREFORE ORDERED, by the Board, that a Conditional Use Permit as requested and set forth
above be granted, upon the following conditions that the applicant has agreed to:
I. The request is hereby approved for the 2000 Boat Show event only which shall be open
February 17-21,2000.
2. This approval is granted to Yachting Promotions, Inc., only, as operator; any change in the
operator of the subject temporary docks shallnQt be permitted. Any change in operator shall
be consider as a new application pursuant to Section 118-193 of the current Land
Development Regulations.
3. 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.
4. 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.
5. The Boat Show shall be limited to the area from the intersection of 43rd Street and Indian
Creek Drive to 500 1 Collins Avenue as shown on the survey submitted by the applicant, and
shall not extend further north or south of these limits.
6. The applicant shall provide a revised site plan, drawn to scale, showing the proposed set-up
of all floating docks for the show, 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 navigatible channel for the 2000 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.
7. The applicant shall coordinate installation of pilings and supply of power to the site with FPL
(Florida Power and Light Company).
8. 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.
9. 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.
10. 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 of the event.
11. 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.
12. 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.
13. 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.
14. 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 11-15, 1999 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.
15. All participating show boats shall travel to and from the temporary marine docks at idle
speed.
16. 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.
17. The applicant shall obtain an occupational license for the use of the parking lot at Miami
Heart Institute North Campus (fonner St. Francis Hospital site) pursuant to Sub-section 7-9B
of the Zoning Ordinance for under-utilized parking and shall operate a shuttle between this
location and the Boat Show on a regular basis.
18. The applicant will 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.
19 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).
20. The applicant shall present a written progress report to the Department by March 2, 2000 to
be presented to the Board at its regularly scheduled meeting March 28, 2000. Said progress
report shall include all accident or incident reports or other pertinent infonnation regarding
the operation of the event. The Board will, at said meeting, also consider guidelines for
future boat show events.
21. 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 above required progress
report, a written response from DERM confinning that this requirement has been met.
22. A Conditional Use Permit which lists the aforementioned conditions shall be recorded in the
Public Records of Dade County at the expense of the applicant.
23. 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 114-7 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 conditions of this Order shall also constitute a basis for
consideration by the Planning Board for a revocation of this Conditional Use.
PROVIDED, the applicant shall build in accordance with the plans submitted as part of this file and as
approved by the Planning Board with any applicable modifications. The applicant shall take all necessary
steps to have a building pennit issued by the City within a period of six (6) months from the date of the
public hearing, and the work completed within two (2) years from the date of the public hearing, otherwise
this order shall become null and void, unless the issuance of such pennit is stayed by an appeal of this Order
to a court of competent jurisdiction. This Order does not constitute a building permit, but upon presentation
ofa recorded copy of this Order to the Planning Department, a building permit shall be approved (subject
to compliance with the conditions hereof) and processed in accordance with and pursuant to the ordinances
of the City of Miami Beach.
Dated this 2- '?,., .,- day of _~ t'l1'(.,V"1 !> l r
, 1999.
PLANNING BOARD OF THE CITY
MIAMI BEACH, FLORIDA
By:f2~
RICHARD G. La ER, AICP, PRINCIPAL PLANNER
FOR CHAIRMAN
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 23 ~I day of JJ 0 V ~J1l E ~ ,
~,bY Richard G. Lorber, AIg, Principal Planner, of the staff of the Planning Department of the City
of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the corporation. He i~personally ~
known to me.
~ -
[NOTARIAL SEAL]
NOT~'{SiA1.
Off\C~A ,.AFt
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NOfAll"i MMlSSION NO. '{
14"l ~MM1SS1oN EXP. ~ Public, State of Florida
My Commission Expires:
Commission Number:
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Approved As To Fonn:
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Exhibit B
MARINE AUTHORITY MEETING
JULY 13, 1999 - MINUTES
Attendance
Keith Hartley, Chairman
Morris Sunshine, Board Member
Ira Nusbaum, Board Member
Stuart Reed, Board Member
Jose Alberto, Marine Inspector
Nestor Oliveira, Code Compliance
Mike Pryor, Marine Patrol
Lawrence A. Levy, City Attorney's Office
Joe Damien, Asset Manager
Vince Andreano, Beach Patrol
Raul Pascual, South Beach Fun Rentals
Ted Bliss, Miami Beach Sailing
Hector Herrera, Miami Beach Sailing
Mariane Algarra, Florida Beachsports
Gordon Vincent, Playtime Watersports
Gert Arfa, The Executive Condominium
Andrew Sett, Playtime Watersports
Jose Rojas, Miami Beach Sailing
Quinn Kight, South Beach Fun Rentals
The meeting came to order at 9:55 A.M.
Each person in attendance introduced themselves.
First item on agenda, Playtime Watersports was not present at that time, item was skipped to
Fragments on the Beach.
Attorney for Fragments on the Beach stated they were previously at 1717 Collins Avenue, paying
taxes, etc. He proceeded to explain that the City asked them to move their concession because of
a lifeguard stand being built at that location, they cooperated. They were ousted from their new
location. They were not allowed to bring their grievance to the Board. He stated the case against
the City is before the Circuit Court and it is currently in abeyance.
Attorney for Fragments on the Beach stated that today they would like to reconcile this issue
before going to court.
Attorney Xavier Suarez requested that the Board should pass a resolution that the matter of
Fragments on the Beach should be kept on abeyance.
Exhibit 2
Statement was made by Chairman that they submitted applications for the Richmond Hotel and
the Cadillac Hotel, his concern was the area from 12th to 22nd Streets is the most congested with
marine sport concessions at this time. Additional watersports would be frowned upon.
Dr. Sunshine agreed with Chairman in reducing watersport activities in this specific area.
Attorney for Fragments on the Beach stated the issued with Fragments should have been
addressed months ago before the Board's deadlock. He also requested that the Cadillac site be
approved for Fragments.
Nestor Oliveira suggested a sharing of the channel of 1757 & 1717 Collins avenue for Fragments
on the Beach.
Marine Patrol officer stated he does not think there should be anymore concessionaires at 17th
Street.
Nestor Oliveira stated that the Land Use Committee's "thrust" is to not have any new jet ski
concessionaires South of 22nd Street.
Xavier Suarez requested thirty days for issue to be reviewed by City's Administration.
Attorney for Fragments on the Beach withdrew motorized vessels from the two items on the
agenda.
Motion was not approved to allow non-motorized vessels at the two locations applied for by
Fragments on the Beach.
All concessionaires were asked what type of non-motorized vessels they have in operation at the
present time.
Description of non -motorized vessels was explained by Joe Damien.
Motion was passed to review rules and regulations for non-motorized vessels at the next meeting
on the second Tuesday of August.
Motion passed unanimously 4-0.
Agenda items 1-4 to be discussed. Playtime to operate a parasailing operation; partner wants to
operate at Playtime's four locations because they have the license for the docks.
Recommendation needed to have his boat at the Eden Roc on the creek. Zodiac boat would be
driven by a Coast Guard certified captain.
Ira Nusbaum motioned that as long as there is a licensed captain for the Zodiac boat, he
recommends approval for the package.
Dr. Sunshine wanted to know how many Zodiac boats were licensed in Miami Beach; the answer
was "none".
Motion is passed 3-1 for this proposal. Non-propeller pick-up vessel and that captain's license is
approved by Code Compliance and proper life jackets are subject to all terms in the proposal.
Dr. Sunshine did not vote for this motion because of the spirit of the moratorium.
Old business discussed; Boat Show 2000 from February 17-21,2000. Representative stated that
clearance on cleaning of the parks, etc. Question on lighting of docks and pilings due to accident
with rowers this past boat show.
Meeting adjourned approximately 12:45 p.m.
Marine Inspector,
Keith Hartley,
Chairperson
F:\CODE\$ALL\MARMIN7-. WPD
METROPOLITAN DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT
NA TIJRAL RESOURCES DNISION
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: ~~UAfL'i z...~( I '1q~ EXPIRATION DATE: ~O~i z..~1 Zc::x:'S
FIVE YEAR PERMIT AS APPROVED BY THE BOARD OF COUNTY
COMMISSIONERS ON JANUARY 13, 1998 RESOLUTION NO.
Exhibit 3
AGREEMENT FOR COASTAL CONSTRUCfrON
DADE COUNTY DEPARTMENT 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. Proposed 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 Chart
Attachment C: Intracoastal Waterway Chart with shoals and seagrass areas
marked
2.
Location:
Waterwav:
Indian Creek Waterway
East Side of Channel located between
4300 -5001 Collins Avenue
Miami Beach, Florida
Indian Creek Waterway
Sheet 2
SPECIFIC CONDITIONS
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 permittee 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 permit 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 permit 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 permit 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 permittee shall maintain a minimum channel width of 120 feet during the installation
of the docks, ramps and pilings excludin1! 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 permit, DERM determines that the one
hundred and twenty foot and/or the subsequent eighty-foot channel clearance requirement
is not adequate for navigation, the permittee 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 permittee determines that additional time is required to complete the
authorized activities (i.e. 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 ill 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;
f) 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 (1) foot clearance shall be maintained between the submerged
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).
1 L 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. These measures
shall include the following:
a) All construction personnel shall be notified in wntmg 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 recommends 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
Marrunal 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" (I-800-DIAL FMP) 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 incidents 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 commencement 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 HabitatlIdle 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.
1) 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 61 TS 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 20
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 be
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
h'~' /,', ,,1 'J
I
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 ~l~!1
,~-'p'~ioq, 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 24-11 (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 small
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 (i.e. $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 /installation of docks, pilings,
ramps associated with the boat show for the year that the bond increase is required.
Sheet 20
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 Commissioners
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 (i.e. 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
sea grasses 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 1 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 de,:,ice).
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.
4 L 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 THE AFOREMENTIONED "SPECIFIC CONDITIONS" LISTED
ABOVE ON SHEETS 2A THROUGH 21 AND FULL Y UNDERSTAND THEM. I
AGREE TO FULLY COMPL Y 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 ACnON
AGAINST ME BY DERM.
I HEREBY ACKNOWLEDGE THAT I AM FULLY RESPONSIBLE FOR THE
IMPLEMENTATION OF ALL WORK AUTHORIZED UNDER THIS PERMIT
AGREEMENT AND AGREE TO TAKE FULL RESPONSIBILITY FOR ENSURING
ADHERENCE TO ALL CONDITIONS, LIMITATIONS AND RESTRICfIONS
Sheet 21
CONTAINED IN THIS PERMIT AGREEMENT. I FURTHER AGREE TO ASSUME
FULL RESPONSIBILITY FOR THE ACfIONS OF ALL MY EMPLOYEES, AGENTS
AND PERSONS UNDER DlRECf OR INDIRECf CONTRACfUAL OBLIGATION
TO ME WITH RESPECf TO THE WORK AUTHORIZED HEREIN. I FURTHER
AGREE TO ENSURE THAT ALL SUCH EMPLOYEES, AGENTS, AND PERSONS
SHALL ABIDE BY ALL. CONDITIONS, LIMITATIONS AND RESTRICfIONS
CONTAINED IN THIS PERMIT.
Signed:
~~~
PERMITTEE
Date:
I '- p;fK
Sheet 2J
3.
Name. Address and Phone of
Permittee:
Contractor: (Must be
Licensed by Dade County)
Yachting Promotions, Inc.
1115 NE 9 Avenue
Ft Lauderdale, Florida 33304
Denmar Marine, Inc.
6733 Calle Del Par North
Boca Raton, Florida 33343
4.
DERM Proiect Manae:er:
JoAnne Clingerman
5.
Aooroximate Costs:
Item
Estimated Cost
Bond Amount
Cost of Construction (5 year period) $50,000.00
Performance and Mitigation Bond N/ A
N/A
$24,000.00
6.
Total Amount of Performance Bond ReQuired:
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. Ae:encies other than DERM from which aooroval 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: ~--'
~am
IN WITNESS WHEREOF the said DADE COUNTY, 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
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BROKERAGE YACHT SHOW
COMMENCEMENT SCHEDULE
Dock Installation January 26 - February 5, 1998
Move-In Boats February 6 - 11, 1998
Show Oates February 12 - 16, 1998
Move-out Boats February 17 - 19, 1998
Dock Removal February 16 - 22, 1998
- - _. -- -... . . -- . .-.---.
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
-
ATTACHMENT A: CONSTRUCTION SCHEDULE __
& 5-YEAR SHOW CALENDAR
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-'
DATE /h:J. kG
f '
President
CTOR IS A CORPORATION:
.tJr,v 1'1~ If- jJ11( ~I It! J t; ~ ~t- ~ l..z;.,.~
(Correct Name of Corporation)
BY~ ~.
(AFFIX CORPORA TE SEAL)~
DATE I ' tJ.- -y-Ij r: .
President
WHEN THE PERMITTEE IS A CORPORATION:
J:J/ ~ YI-d 77/; .P77~r> ~
Secr~tary (Correct Name of Corporation
BY ~tt------~__
(AFFIX CORPORATE SEAL)
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT
IssuedOn:~lU~ Z~ Icrtt<g~ /~-
, Director or his Designee
THE ISSUANCE OF THIS PERMIT DOES NOT RELIEVE THE PERMITTEE
AND/OR CONTRACTOR FROM OBTAINING ALL REQUIRED FEDERAL, STATE
AND LOCAL PERMITS.
Sheet 4
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rtWl1 This notice of authorization must be
~ conspicuously displayed at the site of work.
United States Army Corps of Engineers
E)(?\RES o~
. ~~ ~~~~" .. ~3
A permit to
P L~<..E
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has been issued to ~"'I ~..H.' ~I",'~''''''l','n'''''''-b .t.....u
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Address of Permittee "\ 5 N E
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Fr. ~~, F~ "fO'-L
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District Commander
Co b"'F-t t~_S .':;t;~""'
/
Permit Number
I \ "'l"1C,"313,9{, (:r:?-SfJ
I
ENG FORM 4336, JUL 81 (ER.114S.2-303) FDmON OF 1UL 70 MAY BE USED
(Proponent CECW.())
Exhibit 4
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
C/O SOUTH FLORIDA WATER MANAGEMENT DISTRICT
P.O. BOX 24680
WEST PALM BEACH, FLORIDA 33416-4680
REPL Y TO
ATTENTION 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.
I TIS NOT LAWFUL TO DEVIATE FROM
THE APPROVED PLANS ENCLOSED.
Sincerely,
~~
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J ., _ \ ,D ~ \ /
\ ~ ~ "'''"' W i 0_'____<,::"" c- - J
Hanley K. Smith
Acting Chief, Regulatory Division
Enclosures
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 attach~d plans numbered 199031326 (IP-BP) in sheets 1-
5 of 7, dated 8/26/97. - rhis work is for the purpose of conducting
the "Miami Boatn Show" as" a yearly event. This permit instrwnent
-sup-et-sedes 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 faith
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 provisions 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 D.S.C.
403) .
() Section 404 of the Clean Water Act (33 D.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and
Sanctuaries Act of 1972 (33 D.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 requiring 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. ~Sl (~'-~ '\
, /9a-Jq ~
/ (DAT)
This permit becomes effective when the Federal official, designated
to act for the Secretary of the Army} has signed below.
~~
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(DISTRICT ENGINEER)
JOE R. MILLER
Colonel, U.S. Army
District Engineer
p
\ (28!QS
(DATE)
6
(NAME - PRINTED)
(ADDRESS)
(CITY, STATE, AND ZIP CODE)
7
DEPARTMENT OF THE ARMY
JACK SONYILLE DISTRICT CORPS OF EN(;I'~Et::RS
PO BOX 4970
JACKSONVILLE FLORIDA 32232-0019
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USACE S PERMITS BR
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PO BOX 24680
WEST PALM BEACH, FL 33416
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FIRST-CLASS MAIL
u.S. POSTAGE
PAID
Jacksonville,FL
Permit No. 1442
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Perm ittee: Yachting Promotions, Inc.
File No.: 13-0127050-00 I
Page 2.of ] 0
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.
This permit also constitutes certification of compliance with water qual ity standards under Section 40 I of the
Clean Water Act, 33. U.s.e. 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 11 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 18-2 I .0051, and the operating agreements
executed between the Department and the water management rlistricts, as referenced in Chapter 62-113, F.A.e.
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.e., and the policies of the Board of Trustees.
~---
As staff to the Board of Trustees, the Department has reviewed the activity described above and has
determined that a lease for the use of those lands is required pursuant to Chapter 253.77, Florida Statutes.
On December 16,1<;>97, the Board of Trustees granted authority for the Departmentto issue a lease for
the use for the subject activity.
The final documents required to execute the lease have been sent to the Division of State Lands. Upon
satisfactory execution of those documents, the Department intends to issue the lease. You may not begin
construction of this activity on sovereign submerged lands unti 1 the lease has been executed to the
satisfaction of the Department.
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 19 General Conditions and 14 Specific Conditions, 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 using 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.
11/03/98 13: 46 FAX 954 462 4140
SHOW MANAGEMENT
@006
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-001
Page 3 pf 10
Operation of the facility is not authorized except when determined to be in conformance with all
applicable rolesand with the general and specific conditions of this permit/certification/authorization, as
described below.
GENERAL CONDmONS:
(1) All activities authorized by this permit shall be iInp~emented~ set forth in the
plans, specifications and performance criteria as approved by this permit. Any deviationJr~m the
permitted activity and the conditions for undertaking that activity shall constitute a violation of this
permit and Part IV, Chapter'3?3, F.S.' '. .
(2) This permit or a copy thereof, co~plete witli all conditions, attachinents,
exhibits, and inodifications'shall be kept at the work site otthe permitted activity. The complete permit
shall, be available for revie",: atthe work site up~~ ~Cqu~st by the Depart~ent ~~.' ~~ ~rmittee'~hal1
reqUIre the contractor to reVIew the complete permIt pnor to conunenceirt'Ciit'ofth~actiVIty authonzed by
this permit. .' ; . .
(3) Activities approved by this permit shall be conducted in a manner which does
not cause v'iolations of state water quality standards. The permittee shall implement best management
practices for .erosion and :PO~hliion control to prevent violation of state water quality standards.
Temp~r3IY erosion control shall be implemented prior to and during construction, and permanent control
measures shall be c<?mpl~t~J~in 7 days of any construction activity. Turbidity barrlers,shalJ be
installed aJicl mainuiine3.ataltlocations where the possibility of transferring suspended'solids into the
receiving, ~~er body exists due to the permitted work. Turbiditf~arriers shall remain in place at all
locati({~' until construction is completed and soils are stabil~d @d vegetation has been established. All
practices shall be in accordance with the guidelines and specifi~~ons 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 oCthe permit. Thereafter the permittee sha!f: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 permi~e 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
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-001
Page 4.9f 10
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 aad mai~ce entity until the operation
phase of the permit becomes effective. Following inspection and approval of the permitted system by
the Department, the permittee shall initiate transfer of the permit to the approved responsible operating
entity if different from the permittee. Until the permit is transferred pursuant to Section 62-
343.110(1)(d), F.A.C., the permittee shall be liable for compliance with the terms of the permit.
(8) Each phase or independent portion of the permitted system must be completed in
accordance with the permitted plans and permit conditions prior to the initiation of the permitted 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 permitted plans and permit
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
conformance with this permit, 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 Permit
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 filed with the Secretary of State where
appropriate. For those systems which are proposed to be maintained by the county or municipal entities,
final 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
final documents will result in the permittee remaining liable for carrying out maintenance and operation
of the permitted system and any other permit conditions.
(10) Should any other regulatory agency require changes to the permitted system, the
permittee shall notify the Department in writing of the changes prior to implementation so that a
determination can be made whether a permit modification is required.
(11) This permit 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 permit. This
permit does not convey to the permittee or create in the permittee any property right, or any interest in
11/03/98 13:47 FAX 954 462 4140
SHOW MANAGEMENT
I4i 008
Permittee: Yaehting Promotions, Inc.
File No.: 13-0127050-001
Page 5 9fl 0
real property, nor does it authorize any entrance upon or activities on property which is not owned or
controlled by'the permittee. or convey any rights or privileges other than those specified in the permit
and Chapter 40&4 or Chapter 40E-40, F .A.C.
(12) The permittee 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 pfTrustees of the Internal Improvement Trust
Fund without obtaining the required lease; license, easement, or other form of consent authorizing the
proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from
the Board of Trustees prior to commencing activity on sovereignty lands'or other state-owned lands.
(13) The pennittee is advised that the rules of the South Florida Water'Management
District require the permittee to obtain a water use permit from the South Florida Water Management
District prior to construction dewatering, unless the work qualifies' for a general permit pursuant to
subseCtion 40&20.302(4), F.A.C., also known as the "No Notice" rule.
(14) The permittee shall hold and save the Department harmless'from any and all
damages, claims, or liabilities which may aris€!,' by reason of the GOns~ aheIfLtion, operation,
maintenance. removal, ab~donmerit or use of any system authorized by the permit. '
.' (15) Any !Jelineation of the extent of a wetland or other surface water submitted as
part of the permit application; including plans or other supporting documentation, shall not be considered
binding unless a specific.~ndition of this permit or a formal determination under section 373.421(2),
F.S., provides otherwiSe. :':,'
'" (16),'1 Tk~ permittee shall notify the Department in writing within 30 days of any sale,
convey~~. or other ~~r:c;>f ownership or control of a permitted system or the real property on which
thepeimitt:ed system is located. All transfers of ownership or.jransfers of a permit are subject to the
requirehiehts of section 62-343.130, F.A.C. The permittee ~rring the.permit shall remain liable for
corrective actions that may be required as a result of any viollliii>ns prior to the sale, conveyance or other
transfer of the system. " '~
"
(11) Upon reasonable notice to the pennittee, Department authorized staffwitb
proper identification shall have permission to enter, inspeo~..sample and test the system to insure
conformity with the plans and specifications approved ~y the permit.
(18) Ifhistorica~r archaeological arti~<;ts are discovered at any time on the project
site. the permittee shall immediat~ly notify the appropriate Department office.
(19) The permitt!;:e shall immediately notify the Department in writing of any
previously submitted information that is later discovered to be inaccurate..
SPECIFlC CONDmONS:
1. Other Authorizations. 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 Internal Improvement 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.
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-001
Page 6 .!)f 10
2. Turbidity controls. During all operations that may degrade water quality in waters of the state, the
permittee shall ensure that turbidity controls are practiced as necessary to prevent violations of the water
quality standards outlined in Chapter 62-302, F.A.C. Any turbidity control devices used shall remain in
place until turbidity within the controlled area returns to within natural background levels.
3. Vessel Maintenance. Minor repairs and boat maintenance that will not cause or contribute to the
release of pollutants and that are performed by boat owners or qualified marine mechanics, will be
allowed. The following types of activities are prohibited within area leased by the boat show: (a) removal
of a vessels or parts of vessels from the water except under emergencies that could result in the sinking
of vessels; (b) hull cleaning or painting; and (c) the discharge oils, greases, paints, or cleaning materials.
4. Draft restrictions. All watercraft associated with the boat show shall operate only within waters of
sufficient depth so as to prevent prop dredging. The operation of watercraft within the leased area when
there is less than 12 inches aetv";;';1I the lowest portion of the vessel and the )ottom of the bay is
prohibited. -.' ~ .
5. Fueling facilities. Fueling facilities are prohibited at the authorized boat shows.
6. Restrooms. Restroom facilities shall not be installed or operated on the authorized docks. The
boat show shall be served by upland restroom s that are designed and operated in accordance with the
requirements of the appropriate state and county health agencies.
7. Sewage pumpouts. 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.
8. Pilings. All temporary pilings shall be driven in place during installation and pulled out during
removal. The installation or removal by any other method is prohibited.
9. Manatee protection. The permittee shall comply with the attached standard manatee protection
construction conditions. 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-:r:Jroved
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.
10. Modifications. If the permittee proposes to change the scheduled dates of operation or the
permitted design of any of the temporary docking facilities, a request to modifY the permit must first be
submitted to the Submerged Lands and Environmental Resources Program in the Southeast District
______l1/03/98 13:48 FAX 954 462 4140
SHOW MANAGEMENT
~010
Permittee: Yachting Promotions, Inc.
File No.: 13-0127050-001
Page 7 of 10
Office in West Palm Beach. The request shall be submitted at least 60 days prior to the intended date of
. '
change.
The permittee may request a modification and a time extension of up to 5 years from the date of issuance
of this permit for the temporary placement of structures associ~ted with the annual Brokerage Yacht
Show. .
The request for modification shall include all necessary documents and ~wings and shall show all
changes of structures or locations. The time extension shall be made in coQjunction with a request to the
Division of State Lands (DSL) for approval of a S-year lease for specia130-day events. The DSL lease
request shall be subject to the following conditions: (a) The lessee shall resolve any problems with the
public noticing requirements or with any riparian or affidavit issues; (b) Riparian property owners within
500 f~t of this project shall be notified of any proposed srtbstantive modifications to the lease area; (c)
The lessee shall comply with any future rule ame~dments applicable.to ~ia~ event leases, including
fee schedules; and (d) The special events lease slian be subordinate to ttk-nParian ,riglits of the upland
owners.
11. Dredg~g prohibition. Dredging .for barge access or for any other reason is not authorized by this
pennrt. .
12. fest driving ve.$se~(;r~ driving of vessels (demonstration rides) associated with the boat show is
prohibited. The disJilayed 'ye$...Sc.1s will be secured to the docks f~~ the tenn of the boat show.
. ~~
13. Tra;h'~emoval. The permittee shall remove all trasband.oii residue from the waters within the
boat show before, during, and after the boat show in accordaJice"itith all applicable fedemI, state and
local regulations. .~ \
14. Water Quality. Water quality testing is required as ~ ~ow. This testing sball be done
between the hours of 7:30am and 8:30am on February 13, 1~~ aDd February 16, 1998.
Please collect triplicate (field replicatcs)~atcr quality samples (ex~~ samples for.dissolved oxygen
(D.O.) and colifonn bacteria) from thC.stlitiODS 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 (MOL) and practical quantification limit (PQL) below the water quality standard for the parameter as
listed in Rule 62-302, F.A.C.
The lab perfonning 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 Ita 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 S times the ~L.
Pennittee: Yachting Promotions, Inc.
File No.: 13-0127050-001
Page 8 {)f 10
Parameter
Dissolved Oxygen (mg/l)
(Diel samples taken at
4 hour intervals through
a 24 hour period)
TP (mgll)
(Any method with a PQL
less than 0.04 mgll)
TN (mgll)
(Any method with a PQL
less than 0.3 mgll)
Oil and Grease (mgll)
(Any method with a PQL less than 5 mgll)
Fecal and total coliform
(MPN or MF) (1 sample per day
for 10 days in a 30 day period)
total arsenic (Jlg/l)
(EPA Method 206.2, 206.3 or 200.8)
cadmium (Jlgll)
(EPA Method 213.2 or 200.8)
total chromium (Jlgll)
(In freshwater only)
(EP A Method 218.2 or 200.8)
copper (Jlgll)
(In saltwater an MffiK extraction is necessary;
EP A Method 220.2 is recommended)
zinc (Jlgll)
(In saltwater EPA Method 289. I or 200.8)
Specific Conductivity (Ilmhos/cm)
Polycyclic Aromatic Hydrocarbons
total (Ilg/l)
Depth
I ft. below surface, mid-
depth
and J ft. above bottom
surface, mid-depth
and I ft. above bottom
surface, mid-depth
and I ft. abqve bottom
~
surface
surface
I ft. above bottom
I ft. above bottom
1 ft. above bottom
I ft. above bottom
I ft. above bottom
1 ft. below surface, mid-depth
and I ft. above bottom
surface
11/03/98 13:49 FAX 954 462 4140
SHOW MANAGEMENT
Permittee: Yachting Promotions, Inc.
File No.: 13-01270"50-001
Page 9 of 10
~012
IS. Reporting. The applicant shall provide to the Department, within one month of the close of the boat show, a
report addressing the navigational conditions, safety requirements, and channel restriction conditions imposed by
local, county, and federal regulatory agencies. It is the intent of this condition to ensure safe boating conditions for
rowers and other boaters utilizing the Indian Creek Waterway during the operation of.the boat show. If the report
shows, or if allegations are made about unsafe conditions for rowers and boaters, the applicant, 1lgencies, and
affected parties shall meet together to resolve the .allegations..
):. - .. - '.
Rights of Affected Parties
";'-.;' ." .-;'_...., 'T .~\:::-~. ;~;; ',.'
Any party to this order (permit) has the right to seek judicial review of the permit 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 of Environmental Protection, Office ofGenera1 Counsel, Mail Station 35, 3900
Comm"onwealth Boulevard, Tallah:l~C:ee, Florida 32399-3000 and by ruing a copy of the noti~ ofappeal
accompanied by the applicable filing i~es with the apprqpriatedistrict court .of appeaL The notice ,of appeal must be
flied within thirty days after this notice is flied with thetperk of the De~e~" .
Exec~ted in West Palm !.leach, Elorida.
~ .:~. .
STATE OF FLORIDA DEPAR1MENT
OF ENVIRONMENTAL PROTECTION
"
; " ,,"~\(:'~, -
.1 ,,'
'-'. ""';;"'-:-0
.. ~ i;.l.
Carlos Rivero-.4Mguilar
Director ofDisttict Managem
Southeast District ~
CDR~iN~
-=!..1:#I
...:---;
Copies furnished to:
.~
0,
..r,:
DEP, Office of General Counsel
DERM-Joaone Clingerman
~<EnginCCl\iZ
DSL - Pam Gerard
Florida Marine Patrol
Division of Marine Resources, 3900 Commonwealth Blvd., MS 245, Tallahassee
Mark Derr
Michael A. KuteU M.D.
Joe O'Conilor
Robert 1. Wright
.'L~a/rl
Pennittee: Yachting Promotions, Inc.
File No.: 13-0127050-001
Page I a of 10
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this pennit and authorization to use
sovereign submerged lands and all copies were mailed before the close of business onJAH 2 0 1998, to the
above listed persons.
Fll..ING AND ACKNOWLEDGMENT
~
FILED, on this date, pursuant to 120.52(9),
Florida Statutes, with the designated Department Clerk,
receipt of which is hereby acknowledged.
ce~=~~
Clerk
JAM 2 0 1998
Date
to.
Prepared by Larry O'Donnell
_ pages attached.
11/03/98
1:~:49 FAX 954 462 4140 SHOW MANAGEMENT
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COUNTY OF: DADE
LA TITUD E: 25: 49 : 22
SCALE OF Mll..ES
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us ARMY CORPS OF ENGINEERS
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en
BROKERAGE YACHT SHOW
COMMENCEMENT SCHEDULE
Dock Installation January 26 - February 5, 199B
Move-In Boats February 6 - 11, 199B
Show Dates February 12 - 16, 199B
Move-Out Boats February 17 - 19, 199B
Dock Removal February 16 - 22, 199B
US ARMY CORPS OF ENGINEERS
Pennit No.: 199 C' 3'.3 1. '"
Page -1- of ~
Date: 81 2. ~ ((:1 1
~ 020/032
SHOW MANAGEMENT
J7_w
'., -'-._--..,---"'- management, inc. --, --''-.- -
1115 Northeast 9th Avenue, Fort Lauderdale, Florida 33304
(954) 764:7642 . (800) 940-7642 . Fax (954) 462-4140 . E-mail: fU,?oatsho@Bol.com
11/03/98 13:55 FAX 954 462 4140
.'
.il
'9B
'99
2000
2001
.'~ 2002 ',\
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YACHTING PROMOTIONS,INC.
Boal Show Managemenl
YACHTING PROMOTIONS-GULF,INC.
60al Show Managemenl
.' ,
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~ ~
Brokeraqe Yacht Show
Five-Year ~lendar
'ir".'* .
>,
::l .';
I,
': ',February
, Feb "a '.
~ry
,Febrllary
,February
February
;::~ :;
12~16
, ,
11;';'15 '
"
17-21,
15-:-19,
14-J.8,
$"
199B
1999
2000
2001
2002
.:;.'.:. . .
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us ARMY CORPS OF ENGINEERS
Pennie No.: \ q (Ie, "3 '3 2.'"
Page ~ of ~
Date: 8 I '2 Ie I 'l ...,
SHOW MANAGEMENT CONVENTION SERVICES
Public ancl Trade Show Exhibit Senric;u
SHOW MANAGEMENT CONCESSIONS
Evenl FDOCI and Beverage Serv.ce
SHOW MANAGEMENT ELECmlC
Conyer,. w ~nc $elVlce
Awaiting Copy of Dade County Resolution
which was adopted on January 13, 1998
Exhibit 5
A waiting
Florida Department of
Environmental Protection
approval which must be submitted prior to
issuance of Building Permit
for Temporary Docks
Exhibit 6
Awaiting
Florida Department of Transportation
approval which must be submitted prior to
issuance of Building Permit
for Temporary Docks
Exhibit 7
A waiting
U.S. Coast Guard
approval which must be submited prior
to the issuance of a Building Permit
for Temprary Docks
Exhibit 8
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