98-22644 RESO
RESOLUTION NO:
98-22644
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 THE 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 29, 1998, THROUGH FEBRUARY 22, 1998.
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 29, 1998, through
February 22, 1998; 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 May 13,
1997, 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 23, 1997, and approved Yachting
Promotions, Inc., 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's Sub (8-61), which is directly across from the
Municipal Parking Area #19-X at 46th Street and Collins Avenue, for
the period of January 29, 1998, through February 22, 1998, for the
purpose of docking and mooring used yachts and other used vessels
during the "Brokerage Yacht Show" event.
PASSED AND ADOPTED THIS
21st
day of
January
, 1998.
~~
MAYOR
Attest:
~6f~
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
CITY CLERK
SR:MDB:JD:rd
1ttlJPb
Ci Attorney
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F:\PURC\$ALL\ASSETS\YACHTSHO\1998\YACHTREV.RES 1/12/97
CITY OF MIAMI BEACH
~ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
lttp:\\ci.m iami-beach. fl. us
COMMISSION MEMORANDUM NO. 3 ~ -Cj g'
TO:
Mayor Neisen Kasdin and
Members of the City Commission
DATE: January 21,1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOL I 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 I S SUB
(8-61) WHICH IS DIRECTLY ACROSS FROM THE 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 29, 1998, THROUGH FEBRUARY 22, 1998.
ADMINISTRATION RECOMMENDATION:
Approve the Resolution.
BACKGROUND:
Yachting Promotions, Inc. (YPI) has requested to lease the City-
owned property known as the 46th Street out-lots directly across
the street from the parking facility located on 46th Street and
Collins Avenue and just north of the Eden Roc Hotel. YPI'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 1998 Yacht Brokerage Show from January
29, 1998, through February 22, 1998, as listed below:
Dock Set-up
Move-in of Boats
Show Dates
Move-out
Break-down
January 29, through February 5, 1998
February 6, through February 11, 1998
February 12, through February 16, 1997
February 17, through February 18, 1998
February 19, through February 22, 1998
On December 16, 1992, the City Commission adopted Resolution No.
92-20683 authorizing the Mayor and the
continued. . .
AGENDA ITEM
ClG-
[-21-93'
DATE
YACHT BROKERAGE SHOW
Page -2-
January 21, 1998
City Clerk to execute a revocable permit to YPI for the use of the
subject out-lots.
On September 22, 1993, the City Commission adopted Resolution 93-
20902 authorizing the Mayor and the City Clerk to execute a three
year revocable permit for the 1994, 1995, and 1996 show dates. In
September of 1996, YPI, requested that the City consider a request
to lease the subject out-lots for the 1997, 1998, 1999, 2000, and
2001 show dates. The Administration recommended that permission be
granted for the 1997 dates only and the City Commission concurred
and adopted Resolution No. 97-22258 approving same. The schedule
on the following page details the fees paid to the City by YPI from
1994 through the present.
Show
1994
1995
1996
1997
1998
Year
(proposed)
~
$10,200.00
$10,710.00
$11,245.50
$18,309.00
$20,140.00
ANALYSIS:
The request by YPI for use of the premises during the 1998 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). As a result of the 1997 Show, the Administration met
immediately thereafter to review both the positive and negative
aspects of that Show and to provide recommendations (see Exhibit B)
for the 1998 Show. YPI has committed to abide by the following
recommendations:
. To submit a letter stating that all of the boats 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 boats which will be
displayed during the show in the area for which the permit is
requested
continued. . .
YACHT BROKERAGE SHOW
Page 3
January 21, 1998
. To submit Building
displayed during the
requested
Certificates for each vessel that is
show in the area for which the permit is
. To use and maintain the existing restroom facilities on the
46th Street Parking Lot for the shows patrons from January 29
1998 through February 22,1998, in lieu of portable units
("crowd pleasers"), which would otherwise encumber seven (7)
parking spaces
. To provide on premise off-duty police officers as follows:
2 officers during the set-up, move-in, move-out, and break-
down dates
3 officers and a supervisor during the show dates
. To provide additional off-duty police officers as follows:
1 officer on Washington Avenue on February 12th, 13th,
14th, and 15th, 1998 to assist with shuttle bus operations
1 motorcycle officer to monitor traffic on the 63rd Street
Bridge on February 17, 1998 (the first move-out day)
· 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
· To refrain from parking any vehicles on the west side of
Collins Avenue, except during loading and unloading of
materials
· To provide a Performance Bond or Cashiers Check in the amount
of $5,000
. To restore all out-lots within the show's boundaries within
one (1) week of last 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
continued. . .
YACHT BROKERAGE SHOW
Page 4
January 21, 1998
. 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 at 63rd Street, in front of Miami Heart Institute
North, for east bound traffic
one on the 6400 block of Indian Creek Drive for south bound
traffic
. 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-out/break-down days:
One (1) patrol boat with staff from January 29 through
February 6, and from February 18 through February 22, to
monitor the rowing club and other marine traffic as it
moves through the channel
Two (2) patrol boats with staff from February 7 through
February 17 to monitor the rowing club and other marine
traffic as it moves through the channel
(NOTE: Planning Board Conditional Use Permit (Exhibit 1), File No.
1311, conditions approval upon the use of four (4) patrol boats.
During discussions with the Administration, the Marine Patrol
opined that 4 boats would not be required to effectively monitor
the canal and recommended that the number of boats indicated above
be used. Based on the foregoing the Director of Planning and
Zoning has rendered an administrative decision to accept the
recommendation of the Marine Patrol.
. To arrange for and lease, no more than 15 parking spaces to
accommodate the uses listed below:
One Office Trailer 21' wide by 55' long
Four 8 yard, or One 20/30 yard dumpster
One van
One pick-up truck
7 spaces
6 spaces
1 spac:e
1 space
· 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
continued. . .
YACHT BROKERAGE SHOW
Page 5
January 21, 1998
. To limit requests for bridge openings at 63rd Street to one
opening per half (1/2) hour, with each opening not exceed ten
(10) minutes in length during the move-in and move-out days
. No bridge openings are to occur between the hours of 7:00 AM
and 9:15 AM, and between the hours of 4:00 PM and 6:30 PM
. The Lessee has agreed to conform and abide by the conditions
imposed by the Planning Board on September 23, 1997, pursuant
to the Amended and Restated Conditional Use Permit, File No.
1311
Furthermore, Yachting Promotion, Inc. has appeared before, and
received approval and/or positive recommendations from, the
following authorities:
Miami Beach Planning Board
Miami Beach Marine Authority
Miami-Dade County D.E.R.M.
Army Corps of Engineers
State of Florida D.E.P
Miami-Dade County Commission
9/23/97 (Exhibit #1)
5/13/97 (Exhibit #4)
11/25/97 (Exhibit #5)
12/12/97 (Exhibit #6)
12/16/97 (Exhibit #7)
1/13/98 (Exhibit #8)
CONCLUSION:
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 used boat show which supplements the Miami Beach
International Boat Show. Additionally, said lease will result in
revenues to the City of Twenty Thousand One Hundred Forty Dollars
($20,140) for the use of the premises for a twenty-eight (28) day
period. The necessary plans, insurance, local, state and feder~l
regulatory approvals, permits and licenses required for the
operation will be provided by YPI.
SR:~:JD:rd
attachments
F:\PURC\$ALL\ASSETS\YACHTSHO\1998\YACHTPRM.COM 1/12/97.6
LEASE AGREEMENT
THIS AGREEMENT, made on the 21st day of
January , 1998, by
and between the CITY OF MIAMI BEACH, Florida (City), and YACHTING
PROMOTIONS, INC., a Florida corporation with offices at 1115 N.C.
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 1998 Yacht Brokerage Show, from January 29, 1998 to February
22, 1998; and
WHEREAS, the Marine Authority of the City of Miami Beach, at
its meeting of May 13, 1997, reviewed and approved plans and safety
precautions of the Lessee, and approved 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 23, 1997, and approved the Lessee's request for a
Conditional Use pertaining to the use set forth herein.
1
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 29, 1998, through February 22, 1998, entitled the
"Yacht Brokerage Show" event the sale of used boats only, and for
no other purpose whatsoever.
The docks and vessels which are
contemplated to be situated on the Demised Premises are more
particularly described in Exhibit "2", attached hereto.
The Lessee shall have the sole responsibility for obtaining
any and all local, State and Federal regulatory approvals, permits
or licenses required for operations associated with the use of the
Demised Premises.
Lessee shall comply with all applicable
2
statutes, ordinances, rules, orders, regulations and requirements
of the City, County, State, and Federal agencies
ARTICLE II
1:IE.M
The Lessee shall have the use of the Demised Premises
commencing at 12:01 A.M. on January 29, 1998, and ending at
midnight on February 22, 1998; 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 Twelve Thousand Nine Hundred Twenty Dollars
($12, 920.00), payable 50% upon execution of this Lease by the
Lessee, and 50% on January 29, 1998. In the event that Lessee has
not secured all required permits and approvals by January 29, 1998,
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 29, 1998, there shall be no refund.
3
ARTICLE IV
RENT FOR OUT-LOTS
The Lessee shall pay to the City a rent of Seven Thousand Two
Hundred Twenty Dollars ($7,220.00), payable 50% upon execution of
this Lease by the Lessee, and 50% on January 29, 1998, for the use
of the out-lots described in Exhibit "3", attached hereto. In the
event that Lessee has not secured all required
permits and
approvals by January 29, 1998, 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 29, 1998, there
shall be no refund.
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.
4
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
written 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.
5
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 may be
available for visual inspection by prospective purchasers. As many
as 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 at its meeting of May 13, 1997, 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) Agree that the opening of the 63rd Street bridge will
be limited to one opening per half (1/2) hour, and
each opening shall not exceed ten (10) minutes in
length. Furthermore, no bridge openings are to occur
6
between the hours of 7: 00 AM and 9: 15 AM, and the
hours of 4:00 PM and 6:30 PM.
4. All docks, pilings, dolphins lines and other moorings
both above and below the water line shall be within
the area shown on Exhibit "2", attached hereto.
The Lessee agrees to conform with all conditions outlined in
the Conditional Use Permit, File No. 1311, that was approved by the
Planning Board during the public hearing held on September 23,
1997, 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 fence, may be located on the
Demised
Premises
to
enhance
security
and
safety
precautions, and a temporary ticket booth or office may be
placed on the 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
7
loading and unloading of materials,
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:
a) Arranging and paying for the Miami Beach Marine Patrol
and/or the Indian Creek Marine Patrol to provide
patrol boats as follows:
i) One (1) patrol boat with staff from January 29
through February 6, and from February 18 through
February 22, to monitor the rowing club and other
marine traffic as it moves through the channel
ii) Two (2) patrol boats with staff from February 7
through February 17 to monitor the rowing club
and other marine traffic as it moves through the
channel
5. The Lessee, at its sole cost, will arrange to have two (2)
electronic directional signs at the following locations:
a) 63rd Street; in front of Miami Heart Institute North
(east bound)
b) 6400 block of Indian Creek (south bound)
8
6. The City agrees to provide the following parking spaces, to be
used only for the purposes specifically listed below, to the
Lessee:
a)
b)
c)
d)
e)
One Office Trailer 21' wide by 55' long
Four 8 yard, or One 20/30 yard dumpster
One van
7 spaces
6 spaces
1 space
1 space
15 spaces
One pick-up truck
TOTAL
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.
7. 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.
8. The Lessee agrees to submit the hull numbers of all boats
which will be displayed during the show upon execution of this
agreement.
9. The Lessee agrees to submit Building Certificates for each
vessel that is displayed during the show upon execution of
this agreement.
9
10. The Lessee agrees to use and maintain the existing restroom
facilities on the 46th Street Parking Lot for the shows
patrons.
11. The Lessee agrees to provide off -duty police officers to
control traffic as follows:
a) Two (2) officers during move-in and move-out dates
b) Three (3) officers and a supervisor during the show dates
12 The Lessee agrees to provide additional off-duty police
officers as follows:
a) 1 officer on Washington Avenue on February 12th, 13th,
14th, and 15th, 1998 to assist with shuttle bus operations
b) 1 motorcycle officer to monitor traffic on the 63rd Street
Bridge on February 17, 1998 (the first move-out day)
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.
10
16. Lessee shall provide to the Lessor, and abide by the permits
and/or recommendations of the following authorities:
a) Miami Beach Planning Board (attachment #1)
b) Miami Beach Marine Authority (attachment #4)
c) Miami-Dade County D.E.R.M. (attachment #5)
d) Army Corps of Engineers (attachment #6)
e) State of Florida D.E.P. (attachment #7)
f) Miami-Dade County Commission 1/13/98 (attachment #8 )
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.
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
11
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
liability,
General
Liability,
including
contractual
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.
12
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.
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
13
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 ter.m, 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, with the prevailing party paying all reasonable legal
costs.
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,
14
1700 Convention Center Drive, Miami Beach, Florida 33139, shall
constitute sufficient notice to the City to comply with the terms
of this Lease.
ARTICLE XVI
PEACEFUL POSSESSION
Subject to the terms, conditions and covenants of the Lease,
the City agrees that Lessee shall and may peacefully have, hold and
enjoy the Premises without hindrances or molestation by the City.
ARTICLE XVII
SURRENDER OF PREMISES
At the expiration of the time frame and the expiration of this
Lease or any renewal or cancellation thereof, Lessee shall, without
demand, quietly and peaceably deliver up possession of the Demised
Premises in as good condition as they were prior to the
commencement of the Lease, except for normal wear and decay, damage
by the elements, or Act of God.
The Lessee will be responsible for the expenses to put said
Premises in good condition, if said Premises are not in good
condition at the expiration, renewal, or cancellation of the time
frame or this Lease.
The Lessee shall remove any improvements which it installs
upon the Premises at its sole cost and expense.
ARTICLE XVIII
15
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.
16
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
-~p~
CITY CLERK
1!10R
In the presence of:
YACHTING PROMOTIONS, INC.
~.
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(-YJ CE'" P_re s .
F:\PURC\$ALL\ASSETS\YACHTSHO\1998\YACHTSHO.AGR 1/12/97.3
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1ft ~~ 1I~r9~.
City A omev !~
17
BEFORE THE PLANNING BOARD
OF THE CITY OF MIAMI BEACH, FLORIDA
INRE:
The Application of
YACHTING PROMOTIONS INC.
AMENDED AND RESTATED CONDITIONAL USE PERMIT
File No.: 1311
On the 7th day of July, 1997, the applicant, Yachting Promotions Inc., filed an application with the Director of
Planning and Zoning for a Conditional Use Permit pursuant to Sections 6-25B.12 and 17-4 of Miami Beach Zoning
Ordinance No. 89-2665. The Miami Beach Planning Board held a public hearing on September 23, 1997 and voted
to approve the following:
REQUEST: Conditional Use Request in Order to Install Temporary Floating Docks
adjacent to the existing seawall of the Indian Creek Waterway at 4333
through 5001 Collins A venue, Miami Beach, Florida
ADDRESSES: 4333 Collins Avenue - Charles Group Hotels
4441 Collins Avenue - Fountainbleau Hilton
5425 Collins A venue - 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 A venue - 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 CORPORA nON'S SUBDIVISION,
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 36, 38 and
40, AMENDED MAP, THE OCEAN FRONT PROPERTY, THE MIAMI
BEACH IMPROVEMENT COMPANY, according to the plat thereof as
recorded in Plat Book 5, Pages 7 & 8, of the public records of Dade County,
Florida. Said Submerged Lands described as follows:
Commencing at the Intersection of the Easterly Right-of-way line of sold
Collins Avenue (131 feet right-of-way), and the South line of said Lot 13;
Page 1 of 7.
EXHIBIT" 1"
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
CORPORA nON'S SUBDIVISION; 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 of773.16 feet; thence South 11'43'43" West, a distance of904.32
feet; thence South 6'29'34" West, a distance of 747.58 feet; thence south
18'30'57" West, a distance of 189.31 feet to the point of termination of the
said six courses and distances; thence North 75'40'45" West, a distance of
158.88 feet; thence courses distances; thence North 75'40'45" West, a
distance 158.88 feet; thence Northerly on the East line of a proposed 80'
channel the following thirteen (13) courses and distances; North 11'08'22"
East, a distance of 396.67 feet; thence North 04'04'14" East, a distance of
375.18 feet; thence North 10'05'39" East, a distance of442.28 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 of 231.41
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 '50'0 I" West, a
distance of 497.34 feet; thence South 1 0'27' 15" West, a distance of 1 034.62
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 fmds
that the property in question is located in the WD-l Waterway District No. I. The Board further finds, based upon
the information and documentation presented at the public hearing, the staff report, inclusive of the staff
recommendations, as amended, 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;
Page 2 of 7.
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 adequate Otf-Street Parking facilities will be provided; and,
That necessary safeguards will be provided for the protection of surrounding property, persons, and
neighborhood values.
On November 12, 1997, the applicant requested certain minor revisions to the Conditional Use Permit and, in
accordance with Section 17-4.E.l of the Zoning Ordinance, certain minor revisions have been approved and are
reflected in this Amended and Restated Conditional Use Permit.
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:
1. The request is hereby approved for the 1998 Boat Show event only which shall be open February
12-16,1998.
2. This approval is granted to Yachting Promotions, Inc., only, as operator; any change in the operator
of the subject temporary docks shallllQ1 be permitted. Any change in operator shall be consider as
a new application pursuant to Section 17 of the current zoning Ordinance.
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 Dade County Department of Environmental Resources (DERM) and the
State of Florida Department of Environmental Protection (FDEP) and U.S. Army Corps of Engineers
prior to the issuance of a Building Permit.
4. The applicant shall receive a revocable permit for use of the outlots at 4600 Collins Avenue,
approved by the City Commission, prior to the issuance of a Building Permit for the project.
5. The applicant shall provide a revised site plan, drawn to scale, showing the proposed set-up of all
marine vessels for the show prior to the issuance of a Building Permit for the temporary docks and
mooring piles. Said revised site plan shall show the water depths at high and low tide for the entire
Boat Show area. The revised site plan shall be approved by the Planning & Zoning Director. The
navigable channel for the 1998 event shall be dimensioned continuously at 140 ft. in v.idth
throughout the entire length of the channel, except for the period from February 8-17, wherein the
channel may be reduced in dimension to 80 ft. in width (as depicted on the map presented during the
public hearing and contained within the records for this matter). In the event the 140 ft. channel or
the 80 ft. channel appear to be inadequate, the Planning & Zoning Director may require a v.ider
channel at a width deemed necessary in consultation with the City's Marine authority, DERM and
FDEP, but not to exceed 200 ft. in width.
Page 3 of 7.
6. The maximum extension of the temporary docks and pilings into the waterway shall not exceed 465
feet as to be shown on the revised plans submitted prior to the issuance of a building permit for the
project. The applicant shall maintain no less than the 140 ft. channel clearance between the moored
pleasure craft and any moored vessels or docks on the west side of the Indian Creek Waterway at
all times during the event (except for the period from February 8-17 wherein the channel shall be
reduced in dimension to 80 ft. in width) including set-up and break-down time periods (January 26
through February 22, 1997).
7. The applicant shall obtain utility clearance from FPL (Florida Power and Light Company) prior to
obtaining a Building Permit for the installation of the temporary pilings.
8. The project shall include the installation of safety f1oatation devices on the mooring piles for
emergency use. The appropriate locations of all said safety devices shall be indicated on the site plan
prior to the issuance of a Building Permit.
9. The project shall include the installation of electric lights at the north and south ends of the
temporary dock and navigational ref1ectors 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, during the set-up and break-down periods of the event, the 63rd
Street Bridge shall not open between the early morning and late afternoon traffic rush hours. The
Bridge shall be closed between the hours of 7:00 a.m. and 9: 15 a.m. an~ 4:00 p.m. and 6:30 p.m.
Bridge activity for other hours of operation shall be limited to 10 minute durations on 1/2 hour
intervals. The applicant shall strive to bring yachts into and out of the Boat Show docking areas in
the early morning or late night hours. This provision relates only to yachts, security vessels and other
marine vessels operated by, on 'behalf of, or in connection with the Boat Show.
12. The applicant shall install, at its expense, temporary electronic signs at key roadway intersections
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.
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.
Page 4 of 7.
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 12-16, 1998 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 partie i pating show boats shall travel to and from the temporary marine docks at idle speed;
vessels v.ith drafts greater than four (4) feet shall be accompanied by escort vessels to avoid and lor
minimize navigational impacts.
16. The applicant shall provide staff in four (4) boats continuously during show hours to be located as
follows: I) one boat at each end of the temporary marine structures to enforce the continuance of
the 140 ft. clear channel; 2) one boat at the bend in the Indian Creek Waterway (near the Miami
Beach Rowing Club) to help direct water traffic flow; and 3) a spotter boat shall also be provided
to the area within the boundaries of the 41 st Street Bridge on the south and the north end of Allison
Island on the north to help the maneuvering and flow of marine traffic and to spot and assist rowers
in the area. Under no circumstances shall the 140 ft. wide channel, or 80 ft wide channel as
referenced in Condition No.5, be blocked by stationary marine vessels.
17. The applicant shall provide two private additional boats (staffed by professional security officers or
Florida Marine Patrol personnel) to patrol and provide security 24 hours per day, during the event,
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.
18. The applicant shall obtain an occupational license for the use of the parking lot at Miami Heart
Institute Wolfson Campus (former 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.
19. The applicant shall not park any vehicles on the east or west curbside areas of Collins Avenue during
the period of the Show from February 12 through 16, 1998; unauthorized vehicles will be ticketed
and towed at the owner's expense. Subject to obtaining all required governmental approvals in
advance, the east and west curbside areas of Collins A venue may be used for tractor-trailer parking
during the set-up (January 26-February 11, 1998) and break-down (February 17-23, 1998) periods.
20 The applicant or any other participant in the event shall not offer for sale any new yacht, pleasure
boat or any other marine vessel on that portion of the site which is City property (4600 Collins
Avenue).
21. The applicant shall present a written progress report to the Division by March 3, 1998 to be
presented to the Board at its regularly scheduled meeting March, 1998. Said progress report shall
include all accident or incident reports or other pertinent information regarding the operation of the
event. The Board will, at said meeting, also consider guidelines for future boat show events.
Page 5 of 7.
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 confirming that this requirement has been met.
22. The establishment and operation of this Conditional Use shall comply with all the aforementioned
conditions of approval; non-compliance shall constitute a violation of Zoning Ordinance No. 89-
2665, and shall be subject to enforcement procedures set forth in Section 21-2 of said Ordinance 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.
It should be noted, further, that the City's Marine Patrol may oversee the waterway area between the north
end of Allison Island and the applicant's setup area to ensure all applicable marine regulations are adhered
to by the applicant.
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 permit issued by the City within a period of four (4) months from the date of the public
hearing, otherwise this Order shall become null and void, unless the issuance of such permit is stayed by an
appeal of this Order to a court of competent jurisdiction. This Amended and Restated Conditional Use Permit
supersedes that Conditional Use Permit for this project and file approved at the Planning Board hearing of July
7, 1997, and issued on November 4, 1997, and said Order dated November 4, 1997, shall be considered null and
void and of no further force and effect simultaneously with the effective date of this Amended and Restated
Order. This Amended and Restated Order does not constitute a building permit, but upon presentation of this
Order to the Planning, Design and Historic Preservation Division, 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.
Page 6 of 7.
Dated this
'M~ daYOf~(~
, 1997.
BY:
STATE OF FLORIDA)
)SS
COUNTY OF DADE )
Be foregoing instrument was 1)knOWledged before me this ~
Day of ~ ~d , 1997; by r.:t:-lt-IJ J ( cr fi.. AJ.u 1)1 SA. ,
who is personally known to me as the Director of Planning and Zoning of the City of Miami Beach and ex-
officio member of the Planning Board.
A. ,lrF,
'NOTARY PUBLIC STATE OF FLORIDA
(type, print or stamp name)
Approved as to form:
~ I ",/ {o/ ~7
~FICE OF THE CITY ATTORNEY (initials/date)
F:\PLAN\SPLB\SEP1\1311CU.97
Page7 of 7
CITY OF MIAMI BEACH
PLANNING, DESIGN & HISTORIC PRESERVATION DIVISION
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
lD
TeLEPt<ONE: 13051 673-7550
FACSIMilE: (3051 673-7559
December 30,1997
;~
f-'\, '( \
Q~..r
Mr. Paul B. Steinberg, Esq.
Steinberg, Slewett & Yaffe, PA
767 Arthur Godfrey Road
Miami Beach, FL 33134-9998
Re: Conditional Use Permit to Install Temporary Roofing Docks in the Indian
Creek Waterway between 4333 and 5001 Collins Avenue (File #1311).
Dear Mr Steinberg:
Your letter of November 12, 1997, pertaining to the above-referenced Conditional Use
Permit has been reviewed both by this Division and by the City Attorney's Office.
With one exception, all the requested changes pertain to language that was included
in the staff recommendations that were presented to the Planning Board on September
23, 1997, where you and your client had ample opportunity to present your objections
to the Board. Unfortunately, no objections were made at that time.
Nevertheless, my comments are as follows:
1. Condition #5. The 200 ft. cap on the width of the channel, to be required at the
discretion of the Planning and Zoning Director in the event narrower channels
are inadequate, was added during the public hearing and acts to protect your
client by limiting the width of the channel which may be required due to
unforeseen circumstances. Except for this cap, the last sentence tracks the staff
recommendation language and acts to protect the City in the event of
unforeseen circumstances when either the 80 ft. or 140 ft. channel is found to
be inadequate. This condition, as written, reflects the Board's action and
intention and, therefore, cannot be deleted.
2. Condition #11. The addition of this sentence seems unnecessary as the situation
is self-evident. However, for your client's comfort, the following sentence has
been added to Condition #11: "This orovision relates on Iv to yachts. securitv
vessels and other marine vessels operated by. on behalf of, or in connection
with the Boat Show."
3. Condition #17. Reducing the number of additional private patrol/security boats
does not reflect the condition imposed by the Board during the public hearing.
This provision serves to protect the City (and yachts and passengers). This
condition, as written, reflects the Board's action and intention and, therefore,
cannot be changed.
4. Condition #19. Presumably, your client is going to obtain any police permits
necessary to park tractor-trailers on Collins Avenue, both during the set-up
period (January 26-February 11) and the break-down period (February 17-23),
as according to your letter of November 1 2, your client will be hiring two or
three off-duty police officers during these set-up and break-down periods
However, for your client's comfort, Condition #19 has been amended to read
as follows:
" The applicant shall not park any vehicles on the east or west curbside areas
of Collins Avenue during the period of the Show from February 12 through
16.1998; unauthorized vehicles will be ticketed and towed at the owner"s
expense. Subiect to obtaining all reauired governmental approvals in advance.
the east and west curbside areas of Collins Avenue may be used for tractor-
trailer oarking during set-up (January 26-February 11. 1998) and break-down
(February 17-23. 1998) periods." (New language is underlined)
Per Section 17-4.E.1 of the Zoning Ordinance, I have determined that the above
changes are minor and non-substantial and fall within the range of issues considered
by the Planning Board when approving this Conditional Use at the public hearing of
September 23, 1997.
I will hold the Amended and Restated Conditional Use Permit, revised per the
comments above, until the check for the fee is received here. Per Section 17-4.F.2,
requests for a minor amendment to an approved Conditional Use shall be accompanied
by a fee of $500. Please remit $500 by check payable to the City of Miami Beach to
this office at your earliest convenience.
Please be advised that it is the responsibility of the applicant to have both the original
permit and the Amended and Restated Permit recorded at the Office of Public Records
of Dade County, 44 W. Flagler Street, 8th Floor, Miami, Florida, and to furnish the
originals of the recorded orders to this Department with a copy to the City Attorney's
office. No building permits or licensing permits will be issued by the City until the
recorded Conditional Use permit and Amended and Restated Conditional Use Permit
are on file with the City.
2
If you have any questions, please do not hesitate to contact me at 673-7550 or 673-
7000, Ext. 6405.
Sincerely,
Dean J. Grandin, Jr.
Planning and Zoning Director
cc: Diana Grub Frieser, First Assistant City Attorney
DJG I JWM I jwm
F:\PLANISPLBISEm 1311L TRR.97
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EXHIBIT "3"
09;23;97 TrE 15:~8 FAX 95~~62~1~0
SHOW )I.-\\A('DIE\T
[g 002
t'aga~OT:L
Jack Bernstein
August 22, 1997
City of Miami Beach
Planning, Design and Historica;
Preservation Department
Miami Beach, Florida 33139
Ro: 1998 Brokerage Yachl Show
Dear Board Members:
As Chairman of the Miami BE ach Marine Authority I took a site inspection with John
Gonzalez, also a Board Membel, of Indian Creek to determine the adequacy of the channel
for the Brokerage Yacht Show.
The inspection was aboard a 60' Motor Yacht and we found that the 80' channel was more
than adequate and that Yacht;r g Promotions, Inc. was in compliance with all aspects of
the recommendations by the Mi :smi Beach Marine Authority Board and therefore, we have
approved Yachting Promotions :;ite plan and 80' Channel for the 1998 Show.
With the economical impact and the recognition of this event worldwide, I urge the
planning board to recommend approval for the 1998 Show
Very truly yours,
fJad, '8~
Jack Bernstein
J8Jmb
cc: Mr. John Gonzalez (by fc.x only)
11401 Bi5cayn~ Boulevard. Miltmi, Floridll 33181 Phon,- (305) 891-0040 Fax (JUS) 891-5667
EXHIBIT "4"
.: ';' 2: -..5 ,:, 3 - -3 :-) ')
-
METROPOLITAN DADE COUNTY, FLORIDA
_DADE. j[@l[QI\Qf?rnI'
f DEe 1 1997
\i'TuvulfTj'--w-U
w __________
---...-------
~ERM
.'
ENVIRONMENTAL RESOURCES MANAGEMENT
33 S.W. 2nd AVENUE
MIAMI, FLORIDA 33130-1540
(305) 372-6769
November 25. 1997
Mr. Dane Graziano. Vice President
Yachting Promotions. Inc.
1115 NE 9th Avenue
Fort Lauderdale. Horida 33304
CERTIFIED MAIL NO. Z 428-463-468
RETURN RECEIPT REQUES1ED
Re: Dade County Class I Pennit CC 97-192: Floating Docks. Piles. Ramp and
Covered Structures for the Brokerage Yacht Show located between 4333 Collins and 5001
Collins Avenue. Miami Beach. Miami-Dade County. Florida
Dear Mr. Graziano:
Please consider this letter as notification that your current application for the 1998 Brokerage
Yacht Show cannot be scheduled for the December 13. 1997 hearing by the Board of County
Commissioners (BCC) because you have not submitted documentation that your sovereign
submerged lands lease has been renewed by the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida. It is my understanding that your application to obtain a
submerged lands lease is scheduled for hearing by the Board of Trustees on December 13. 1997.
Although this Department has an internal deadline of December 1. 1997 to submit all required
items for review by the County Attorney's Office for the January 13. 1998 BCC hearing. the
Department is willing to schedule your application with a recommendation of approval provided
that you obtain a submerged lands lease and proof of such is submitted to this Department no later
than December 20, 1997. Said lease must include the entire footprint of the boat show and reflect
all pennitted uses and time frames.
DERM intends to provide you with a draft pennit agreement document for your review and
signature prior to the commission date in January. So there is no future misunderstanding. be
advised that approval from the Board of Commissioners does not constitute a Class I approval to
commence work. After commission approval. you shall submit the pennit document. signed by
you and the contractor. to DERM for our final approval and execution of the Class I pennit.
In addition. the following notarized owner statement letters must be submitted to this Department
no later than December 1. 1997 in order to complete your application for review:
fr' -
i Salmon Turner at 4300 Collins Avenue - ~
Eden Roc located at 4525 Collins A venue 6/<--
City of Miami Beach located at4600 Collins Avenue - ~,-<-"~
New Florida Properties located at 4775 Collins Avenue
. Synagogue Carriage Club South located at 500 1 Collins A venue
- ~!'I ",'-
EXHIBIT" 5"
Furthennore. the following items must be received prior to pennit issuance:
I) Zoning approval from the City of Miami Beach;
2) ..J<IStructuraI approval from the City of Miami Beach:
3) Balance of the application fee of $765.00 is due:
4) Additional performance and mitigation bond in the amount of $20.000.00;
5) Permit fee in the amount of $1.140.00 is due; and
6) Map indicating all shoal areas or seagrass areas that will be marked within or adjacent to
navigational channels used for ingress and egress to and from the Brokerage Yacht Show.
The Department is continues to have serious concerns regarding the limited time remaining for you
to obtain a sovereign submerged lands lease. approval from the Miami-Dade County Board of
Commissioners and the Class I Coastal Construction Permit prior to the proposed boat show dates.
We are therefore suggesting that you develop a contingency plan in the event that you fail to obtain
a Class I permit in time for the 1998 show because DERM will not allow work to commence
without a Oass I permit.
Please be advised that commencement of any work in, on, over or upon tidal waters of Dade
County without a valid Oass I pennit shall constitute a violation of Miami-Dade County
Environmental Protection Ordinance. Pursuant to Section 24-55(b) of the aforementioned
ordinance, the Director. Environmental Resources Management, may institute a civil action in a
court of competent jurisdiction to impose and recover a civil penalty for each violation in an
amount of not more than twenty-five thousand dollars ($25,000.00) per offense. Each day during
any portion of which such violation occurs constitutes a separate offense.
If you have any questions regarding the above please contact me at (305) 372-6575.
JoAnne Oingennan, Head
Coastal Pennitting Program
cc: Chuck Schnepel. USACE
Richard Stalker, FDEP
Larry O'Donnell, FDEP
Carol Knox. FDEP
Malcolm Foley, City of Miami Beach
DEPARTMENT OF THE ARMY
MIAMI FIELD OFFICE, 11420 N. KENDAlL DRIVE, SUITE 104
MIAMI, FLORIDA 33176
REPLY TO
~ENTION OF . . .
Regulatory DlVlSlon
South Florida Branch
Miami Regulatory Office
199031326 (IP-BP)
Mr. Dane Graziano, Vice President
Yachting Promotions, Inc.
1115 NE 9th Avenue
Ft. Lauderdale, Florida 33304
DEe 1 2 1997
Dear Mr. Graziano:
Reference is made to the Public Notice issued on 04
September 1997, for Department of the Army (DA) permit
modification number 199031326, to construct temporary floating
docks and install pilings along Indian Creek, in Miami Beach,
Florida.
The Corps of Engineers review has been completed of your DA
permit application. Although the Corps is ready to take final
action, Federal law prevents the issuance of a permit until the
state has concurred with an applicant's Coastal Zone Management
(CZM) consistency determination. The state is currently
reviewing certification for the proposed project. If the state
does not act within 6 months from the date that it considers the
application complete, the CZM consistency will be automatically
waived and the Corps permit may be issued. If you receive a time
extension from the state, you must notify this office
immediately.
You must notify us in writing when you receive a State of
Florida permit/certification and enclose a copy of the State
document as well as any revised drawings illustrating project
modifications.
The Corps will proceed with final action upon receipt of the
CZM consistency determination. The permit decision is subject to
receipt of state approval or waiver within 1 year of the date of
this letter, and can be affected by changes in the Corps
evaluation policies during that period or by significant project
modifications.
The Specific Conditions, if any, found in the State of
Florida CZM concurrence will become conditions to the final DA
permit. Should the State's action on the required certification
or concurrence approve a project different from that s~?r~'~nrr~~
. r;-~ . ~G97 ,I \
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EXHIBIT "6"
current DA permit application, a modification to the application
will be required. A copy of the State certification/permit is
required with a statement of project modifications. Substantial
project changes may require a new permit evaluation process,
including issuance of a new public notice.
If the State does not concur with your CZM consistency
determination, then the DA permit is denied without prejudice.
You are cautioned that commencement of the proposed work prior to
Department of the Army authorization would constitute a violation
of Federal laws and subject you to possible enforcement action.
If you have any questions, please contact Mr. Robert Paulson
at the letterhead address or at telephone number 305/526-7181 or
by fax at 305/526-7184.
Sincerely,
.Q, oJ<..,.,-~ \.:2' ?,.,.
'-!~....
g
\-~ Hanley K. Smith
Chief, Regulatory Branch
Department of
Environmental Protection
wton Chll.!s . '"
Govemor
MarjorySconeman .Douglas Building
1900 Commonwealth Boulevard
Tanahasscie, Florida 3239,9-3000
Virginia B. Wetherell
Secreta'/'
STATE OF FLORIDA
COUNTY OF- LEON
I I
CERTlFICA TE
'. ." .... . I
". , ~ '.:: .. " I ..
'. 1, Judy A.Brooks, do q.ereby certify that the Governor and Cab-met, sirung as the Board
. .. .', .' '. I,
of Trustees of the Internal Improvement Trust F\md of the State of Florida , met on December 16,
1997 ,and approved Substimte Item. 24 with a special leke condition [0 be included to insure that
the applicant complies with all terms and conditions set forth by the Army Corps of Engineers,
'. ...... '. I .
Dade County and the City of Miami Beach, especfally with' regard to the accomodations
necessary to the rowers usingche Indian Creek Waterway, and further, that the Department
submit to the Board of Trustees an annual reporting of domplianceby the applicant.
Substitute Item 24., " YachtipgPromotions, Inc., iSpecial Event Lease
REQUEST: . Consideration of a request for. a 30~day l.ease for five consecutive years,
containing approximately 1,195,139 square feet for aj temporary commercial docking facility
.associated with an' international boar show.
COUNTY:. . Dade
. Lease. No. 13-0127050 ;
Application No. 13-012705(j~001
APPLICANT:
Yachting Promotions, Inc.
. . I
Section 12,. Township 50 South, Range 42 East, in Indian Creek, Class ill
'. Waters, Biscayne Bay AQl1aticPreserlve and Outstanding Florida Waters and
within the jurisdiction ofthe City of ttiami Beach. .
LOCATION:
. .
CONSIDERATION: Payment 'of (1) a lease fee of seven percent of the applicant's total gross
rental Slip revenue as certified b.y a certified DUblicaccountantalidsubmitted to the Depar;;ent
ofEnvironmenral ProtectionIDEP) within 30.davs fr6m the closing date of the show. or the
prorated base fee cOrllDuted at the base feo of .1101 per SQuare foot. whichever is greater: and
(2) includiril! an initial 25 oercent surcharize.pavrnenr c~culated on the ,ororated base fee. Sales
tax will be assessed oursuanr to section 212.031. P.S.. !if aoolicable.
STAFF REMARKS: . The Board of Trustees authorized a rule amendment on September 14,
1995, to "link" the two processes of regulatory and proprietary reviews and authorizations.
The rule became effective October 12, 1995. As a result of this linkage, the recommended
i'Protect. Conserve and Manaee 1=Jarirla'.~ 1=llvirnnmpnr nnrl NfIT"rnl R~~f.llm:~~"
Primed on recycled paper.
EXHIBIT "7"
Certificate for Substitute Item 24
December 16. 1997 Trustees Agenda
Page Two
'"
DEPregulatory permit 4ecision. and the 'recommendation to the Board of Trustees on the
propr:ietary authorization are contained in one documdnr, the "Consolidated Notice of Intent to
Issue ~ which is attached.. The attached consolidat~d intent contains a recommendation for
' ."". " 'I
issuance of apermicunder Part IV of c~apt6r373, If .S.. and a recommendation for granting
aurhorizationto use soyereignry submerged lands under chapter 253, F.S., for the activity
. I
described therein. This recommendation isprovide,Cl .to the Board of Tmstees pursuant to
section 373.427(2). F.S. A description, of the requested activiry is provided in Section I,
"Description.of the Proposed Activity." The specific: basis for recommending approval of the
autholization to use sovereignty submerged lands is contained in Section III "Background/Basis
for Issuance. "
Approval of the Board of'Trustees is requested onl~ for those aspects of the activity which
require authorization to use sovereignty submerged lq,nds. If the Board of Trustees approves
the n~questto use sovereignrysubmergedlands ~ndtbe activity also qualifies for an
environmental reSOurce permit and no challenges are successful, the Consolidated Notice of
Intent will be issued and will contain general and spe~ific conditions. In the event the Board
of Trustees denies the use of sovereignty submerged lands, whether or not the activity
otherwise qualifies for an environmental-resource pennit, the DEP will issue a "Consolidated
Notice of Denial" for both the environmental resource permit and the authorization'to use
sovereignty submerged lands.
The applicant is proposjng to construct. a ,temporary commercial docking facility to be used in
. .. ... .... I
conjunction with theF:lorida Yacht BrqkersBoar phow. The docks will be used as a
centralized sales center for public display of vessels i by various brokers. Traditionally, the
show was held on what was thought to be city-owneq lands. In 1992. the applicant was told
the site. was state:':owned and that use of thesubme~ged land required permission from the
Board. of Trustees. On 1 anuary 26. .1993" the applicaQ.t received from the Board of TlUstees a
five-:year, 30-day lease to use the site. The lease expired in June 1997. On August 12, 1997,
the applicant reapplied to the DEP for. a new 30-dlay, five-year lease and environmental
resource permit. The applicant again proposes. to com;trucc the facility during the first week of
the proposed lease term, to run .the sales 9peration for five days, and to dismantle the facility
during the following week. The vessel o~ners or br<j}kers will lease mooring space from the
lessee. There will b~ 468 boats moored; at the faciI1ty. Test drives of vessels will not be
allowed as the vessels will be secured to the docks for the term of the boat show.
I
Because. this a~~orization is reque~ted b~ a. non-ripa~ian. upland. property ow?er. and. is for a
temporary activity . DEP staff belIeve that. the apprppnate form of authortzanon LS not a
standard five-year sovereignty submerged lands lease,; but rather a 30-day special event lease
that the Board. of Tr1:lstees may authorize pursuant to section 18-21.005(1), F.A.C., and did
approve for a similar boatshow on October 21, 1997. In addition, section 18-21.008(1)3.
F.A.C., .requires that an applicant furnish to DEP satisfactory evidence of title to the
, . ""'-"" vv
Certificate for Substitute Item 24
December 16, 1997 Trustees Agenda
Pag~ Three
...
applicant's riparian upland property as. a:requiremen~ for obtaining a sovereignty submerged
lands lease. The applicant furnished the DEPwith a~fidavjts they believed would sufficiently
es.tablish title interest, pursuant co' section 18~21.003(49), F.A.C., DEP's General Counsel
reviewedthe'affidavits, however, anddeteimined that they were not legally sufficient co meet
the intended. purpose of the rule.
There are two problems with the application as su~mirted under existing rule. First, the
applicant is proposing to place a barge tbatwilI be u~ed as a floating refreshment center-an
activity that is nor consjdered wat.er-dependell~. While this proposed use is inconsistent with
tlie provisions of Section 1s'.21.004(1)(d), F.A.C., th~ facility is temporary and represents less
chan . one percent of the preempted area. Also, ~ection 18-21.004(1)(d) F.A.C., states,
<< Activities on sovereignty lands shall be limited to wiater dependent activities only unless the
board determines that it is in the public interest to allq>w an exception as determined by a case
by case evaluation." Additionally, a si~ilar boa~show was authorized by the Board of
Trustees in January 1993. Second, th.eproposed: docks and pilings will extend across
app.coximately 80 percent of the width of the waterbo~y. Pilings will be located immediately
adj.acenrto portions of the eastern edge of the 80-foot-wide channel.
The proposed project ~s located in BiscayrieBay Aquatic Preserve. In accordance with section
258.397, F.S~, andsection 18-18.006(3)(b), F.A.C., ~e proposed project should be approved
only if the Board of Trustees determines ~at the appqcant has demonstrated extreme hardship
andth:if the project is in the public interest. The applicant has sated that the proposal. if not
granted, .would represent an extreme. hardship because: (1) there is no other permanent
facility Of waterway in the area that provides the safe&- features ,of a protected waterbody and
that does: not experience en-atic water currents or tidal t1uctuations: This ensures that the
public will bebette~ protected against .po~sible.hazar~s from the rolling of the floating docks
from waves or tides; (2) it is not feasible to show the; boars out of the :water since they range
from 40 feet to 160 feet in. length; and (3) The Brokei;age Yacht Show generates 80 percent of
the revenue and is the primary source of filnd-raising for the non-profit Florida Yache Brokers
Association. This important organization: would be ~evereJy affected without this revenue
SOurce. Activities of the organization include 'promoting Florida as a preferred place for the
public to purchase.yachts, continuing training and edu~ational activities for its membership and
working closely with the Florida Department of Busine'ss and Professional Regulation to ensure
the public's interest is upheld. . ..
Staff is of the opinion that the extreme hardship test is met, al~hough minimally, because the
. " . I ' .
project is temporary and wiU:offer .little potential for environmental harm. Further, staff is of
the opuuon that the proposed project is in the public interest for the following reasons: (1) the
applicant has agreed to remove all debris and oil residue from the waterway before, during,
and aftl~rthe boat show; (2) the applicant will provide displays to educate the general public
Certificate for Substitute Item 24
December 16, 1997 Trustees Agenda
Page Four
;,;/I
about environmental issues. such as the importance qf seagrasses, the use of marked channels
to avoid harming shallow submerged land resources,j and the importance of safe boating; and
(3) the applicant's . show will. contribute a $250 million econOInic impact on the city and
buSiness community and. will benefit the. marine ~dusrry, which reported more than $20
million in yacht sales in previous years as a result of the show.
According to the Division of Marine Resources, the Iproposed project would not significantly
affect the endangered ma;natee so long ,as the appI~cant complies with the DEP's standard
manatee construction conditions and instaIJsand maintains inforularional displays. These items
are. addressed in the: DEP environmental resource permit.
Noticing of property owners within a .sOO-foot radius :of the project was done and objections to
the project were received. The 20-day ~otice of application expired on December 7. 1997.
Four members of the Miami Beach Rowing Club I objected to the show interfering with
navigation of rowing shells that utilize ;the Indian t:reek waterway. The shells, built for
straight ahead speed, cannot navigate the turns impqsed by the placement of pilings for the
show. It is the. contention of the objectors that the ch~el should provide a clear line of sight
the length of Indian Creek to guarantee safety for ro\\(ers and small boars. The City of Miami
Beach has issued a conditional use pemnt for the show. Condition #5 states in part, "The
navigable channel for the 1998 event shaLl be dimens~oned at 140 feet in width throughout the
entire...l~gth of the. channel. except for the period from February 8MI7, wherein the channel
may be ~ reduced in dimension to 80 feet in width. n ]ndian Creek Village Marine Patrol will
escort show vessels: to and from the boat show moorings and will monitor the dock and pile
installation and removal after the show. Additionally" staff discussions with U.S. Army Corps
of Engineers. personnel, who are aware of the nav,igation issue, iJ1dicate that a favorable
review of the project is forthcoming. The Florida Marine Patrol has no objections to the show.
A localgovermnenccomprehensive plan; has .been adopted for this area pursuant to section
163.3-167; F.S" The Department of Community Affairs has determined that the plan is in
co'mpliance. The proPosed action is consistent with !the plan adopted by the City of Miami
BeachPlanningCoriunission on September 23, 1997. .
RECOMMEND (1) DENIAL OF THE APPLICANT'SREOUEST: (2) APPROVAL
OF A NON.RENEWABLE 30-JDAY SOVEREIGNTY SUBlMERGED
LAND SPECIAL EVENT LEASE, INCLUDING THE AREA USED
' . , I
FOR A FLOATING. REFRESHl\fENT. CENTER. SUBJECT TO
TIm SPECIAL APPROVAL' CONDITION AND THE SPECIAL
LEASE CONDITIONS: AND (3) CONDITIONAL APPROVAL OF
. A FIVE-YEAR. 30-DAY SPECIAL EVENT LEASE. TO RUN
CONSECUTIYELY AFrER EXPIRATION OF THE ONE-TIME.
I Certificate for Substitute Item 24
December 16, 1997 Trustees Agenda
Page ft'ive
l
'30-DA Y SPECIALEVEN~ LEASE. SUBJECT TO THE
FOLLOWING:' (a).' THE 'LESSEE SHALL RESOLVE ANY
PROBLEMS ' WITH 1JHE NOTICE AND THE
RIPARIAN/AFFIDAVIT ISStJES; (b) RIPARIAN PROPERTY
OWNERS WITHIN SOO FEET OF TInS PROJECT SHALL BE
NOTICED OF ,ANY' PROPOSED SUBSTANTIVE
MODIFICATIONS; TO THE ~LEASE AREA; (c) LESSEE MUST
COMPL Y WITH ANY FUTURE RULE AMENDMENTS
APPLICABLE TO SPECIAL EVENT LEASES. INCLUDING ALL
FEE SCHEDULES: AND (d) THE SPECIAL EVENT LEASE
SHALL BE SUBORDINATE TO ANY RIPARIAN RIGHTS OF
THE UPLAND OWNERS. THE LESSEE SHALL ABIDE BY ALL
FEDERAL. STATE AND LOCAL LAWS. INCLUDING THOSE
COMING INTO EFFECT, AFTER THE DATE OF THE
EXECUTION OF THE SPECIAL EVENT LEASE.
IN WITNESS WHEREOF, I have h~reunto set IJjJY hand and affLXed the Seal of the Board
of Trustees of the Internal Improvement Trust Fund on this 16th day of December A.D., 1997.
~ ,.!', . ;.. . "".
. '
,
~ji'l ~ d'~
Ju A.,' ooks
Cabinet Affairs Director
.. . . . I . . ~
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SEAL I ',: ,-
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TO BE SUBMITTED UPON
MIAMI-DADE COUNTY COMMISSION APPROVAL
ON January 13, 1998
EXHIBIT 8
CITY OF MIAMI BEACH
City Manager's Office
Interoffice Memorandum
m
To:
Richard Barreto
Police Chief
Date: March 3, 1997
Joe Damien
Asset Manager
Jackie Gonzalez
Acting Parking Director
From:
Mayra Diaz Buttacavoli u..t? ~
Assistant City Manager ~
Subject: ANAL YSIS OF THE 1997 BROKERAGE YACHT SHOW
On February 26, 1997, a meeting was held to discuss the results of the 1997 Brokerage Yacht Show.
The following is a summary of the meeting and recommendations for improvements to the 1998
Boat Show, as well as other major city events:
1. Shuttle buses.
Problem:
Shuttle buses provided by the Brokerage Yacht Show were inconsistent and
unreliable. Various complaints were received by the City of Miami Beach
because it was assumed that Miami Beach was providing the service.
Solution:
The Parking Department should provide the Park and Ride Shuttle Service
for future Brokerage Yacht Shows.
2. Crowd Pleasers.
Problem:
Crowd Pleasers placed by the Brokerage Yacht Show at the 47th Street
surface parking lot occupied parking spaces during the show.
Solution:
The Brokerage Yacht Show patrons will be provided with rest rooms at the
47th Street concession. The rest rooms are to be manned during the show
through the City's janitorial contract and expense to be borne by the
Brokerage Yacht Show. The maintenance will be increased to ensure that the
rest rooms are in acceptable conditions at all times during the show.
1
EXHIBIT B
3. Taxi cabs.
Problem:
Solution:
Taxi cab drivers requested additional parking spaces during the Brokerage
Yacht Show, on the west side of Collins Avenue.
Ta.xi cab stands will only be provided on the east side of Collins A venue.
This will allow for an emergency lane on the west side of Collins Avenue.
Ta.xi cab drivers will not be provided spaces where meters are installed.
4. Brokerage Yacht Show vehicles.
Problem:
Solution:
The Brokerage Yacht Show parked vehicles, trailers, and equipment on the
west side of Collins Avenue by the curb during the staging-in and the
staging-out. This caused for two lanes of traffic to be reduced to one.
Parking by the west curb on Collins Avenue will not be permitted. Only
trucks loading or unloading and equipment that cannot be placed on the swale
will be allowed.
5. Off-duty Police officers.
Problem:
Solution:
Off-duty Police officers did not report to the Brokerage Yacht Show on time
during the staging-in and the staging-out, or during the show. In some cases,
the off-duty officers refused to follow orders.
The off-duty officers that did not report to work on time, and refused to
follow orders, and stayed in their vehicles while on-duty, will be disciplined
accordingly. For future shows, an off-duty police supervisor will be assigned
to the show. The Police Department will re-evaluate the number of off-duty
police officers required for this show in addition to assigning a supervisor.
At the minimum, an off-duty police officer will be required at the intersection
of 46th Street in front of the municipal parking lot. The officer will assist the
Parking Department staff with the traffic coming-in and going-out of said lot
during the show days.
2
6. Crane equipment.
Problem:
Solution:
7. Coconut palms.
Problem:
Solution:
8. Rowers.
Problem:
Solution:
A crane was parked on the west side on Collins A venue which prohibited the
use of that portion of the sidewalk.
The Brokerage Yacht Show will be required to provide a walk-way around
the crane equipment in an effort to not disturb the flow of pedestrian traffic.
Two Coconut Palm trees were destroyed during the Brokerage Yacht Show.
The Brokerage Yacht Show will be requested by Joe Damien to replace the
palms, or provide the funds needed for the trees replacement.
During the staging-in and the staging-out rowers from the Ronald Shane
Rowing Center used the Indian Creek waterways. This created a hazardous
situation for the rowers.
The Marine Patrol Division of the Police Department will meet with the
Ronald Shane Rowing Center to discourage the usage of the Indian Creek
waterways by rowers during the staging-in and staging-out of the show.
9. Performance Bond.
MDB:lcd
It has been discussed that for future Brokerage Yacht Shows, a performance
bond should be required. This would provide the City insurance that all
guidelines and requirements are followed by the Show organizers without the
need to bring any issues to their attention after a problem has occurred. Joe
Damien will be consulting with Judy Ford on an adequate performance bond
amount.
c: Jose Garcia-Pedrosa, City Manager
Sergio Rodriguez. Deputy City Manager
Joe Pinon, Assistant City Manager
Harry Mavrogenes, Assistant City Manager
Donald De Lucca, Major, Police Department
Chuck Press, Captain, Police Department
Judy Ford, Purchasing Director
Brad Judd, Property Management Director
F:\CMGR\LCDI\MDB\MEMOS\97Y ABR.IMP
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