97-22258 RESO
RESOLUTION NO:
97-22258
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 28, 1997 THROUGH FEBRUARY 28, 1997.
WHEREAS, Yachting Promotions, Inc. has requested to use I:h ~
City seawall and lease the abutting out-lots located adjacent t)
Indian Creek, at 46th Street and Collins Avenue, for the placeml~n:
of floating docks for the purpose of docking and mooring u:3e:i
yachts and other used vessels during an event entitled, 11Th ~
Brokerage Yacht Showll, for the period of January 28, 1997 thrO"lg:1
February 28, 1997; and
WHEREAS, the Administration recommends authorizing
and execution of the attached short-term Lease
(Agreement), for the aforementioned period of time; and
this U3e,
Agreem=n t
WHEREAS, The City's Marine Authority reviewed the plans fer
the use authorized under the Agreement, at its meeting on Novemaer
12, 1996, and recommended approval, subj ect to those cert 3.i n
conditions set forth in the Agreement; and
WHEREAS, the Planning Board of the City of Miami Beach, held
a public hearing on November 26, 1996, and approved Yachtir. g
Promotions, Inc., request for a Conditional Use Permit pertainir.g
to the use set forth in the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CI'IY
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 I for the use of approximately 600 feet along t.ht~
seawall on Indian Creek including out-lot #7 amended plat of Ind:.all
Beach Corporation's Sub (8-61) I which is directly across from t:ht~
Municipal Parking Area #19 -X at 46th Street and Collins Avenue I fo: ~
the period of January 28 I 1997 through February 28 I 1997 I for t.h. ~
purpose of docking and mooring used yachts and other used vessE~l:;
during the "Brokerage Yacht Show" event.
PASSED AND ADOPTED THIS
22nd
day of
January
, 1997,
Attest:
t~
Ro~} fM[~
CITY CLERK
JGP:MDB:JD:rd
F:\PURC\$ALL\ASSETS\YACHTREV.RES 1/9/97
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
/VlI~
UCJ' . "'-";Y
\ -\~~~i
Date
;ITY OF MIAMI BEACH
TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
:p:\\ci.miami-beach.f1.u5
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: January 22, 1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
SHORT TERM L SE OF THE CITY OF MIAMI BEACH SEAWALL AND
OUT-LOTS, UTTING INDIAN CREEK AT 46TH STREET AND
COLLINS AVENUE, TO YACHTING PROMOTIONS, INC., FROM
JANUARY 28, THROUGH FEBRUARY 28, 1997, FOR AN EVENT
ENTITLED THE "YACHT BROKERAGE SHOW".
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission ado!>t
the attached resolution authorizing the Mayor and City Cle~k to
execute a lease agreement for the use of the seawall and tr.e
abutting out-lots owned by the City of Miami Beach, located on
Indian Creek Drive, at 46th Street and Collins Avenue, for tr.e
period of January 28, 1997, through February 28, 1997, fer
following amounts:
Seawall .
.; Out-lots
Total . .
$ 11,745.00
$ 6,564.00
$18,309.00
BACKGROUND:
In 1992 Yachting Promotions, Inc., requested to lease the 'City-
owned out-lots across the street from the 46th Street and Collins
Avenue parking facility located north of the Eden Roc Hotel.
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 Yachting Promotions, Inc. for the use of
approximately 600 feet along the Seawall on Indian Creek at 46th
Street and Collins Avenue to place floating docks for the purpose
of docking and mooring yachts and other vessels for a yacht show
during the period of February 1 through 21, 1993, which included
move-in and move-out days.
con tinued. . .
AGENDA ITEM
C.15
1-2-'2-'17
DATE
YACHT BROKERAGE SHOW
Page -2-
January 22, 19~7
On September 22, 1993, the City Commission adopted Resolution 93-
20902 authorizing the Mayor and the City Clerk to execute a thr,:!e
year revocable permit for the following periods.and terms:
~ Amount payabll~
January 25 through February 25, 1994 . . . . $10,200.1)0
January 25 through February 25, 1995 $10,710.1)0
January 25 through February 25, 1996 $11,245.':;0
In September of 1996, Yachting Promotions, Inc., requested that t:le
Ci ty consider a request to lease the subj ect out -lots from Janua:::-y
28, through February 28, for the years 1997, 1998, 1999, 2000, and
2001. The Administration recommends that permission be granted for
the 1997 dates.
ANALYSIS:
The request by Yachting Promotions, Inc. for use of the premis~=s
during the 1997 dates specified above does not conflict with tJle
terms of the Agreement with the Miami International Boat show iU2.
long as the boats being displayed are not new (i.e.. that they a:~
used). Yachting Promotions, Inc. has agreed to submit a letter
stating that all of the boats to be displayed are used, prior 1:0
the City's issuance of the permit.
Additionally, 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. No bridge openings are to occur
between the hours of 7:00 AM and 9:15 AM, and the hours of 4:00 PM
and 6: 30 PM with the following except that one bridge opening wi:.l
be permitted per time period for ingress or egress of large yachts
which can only maneuver during high tide, and the Miami Beach
Marine Patrol will be present to assist during these time period!>.
Furthermore, Yachting Promotions, Inc. will be assune
responsibility of all costs associated with one (1) Marine Patrol
boat and two (2) Police Officers for the hours of 6:00 AM and 6:00
PM, on the heavy move -in day and move-out day.
Yachting Promotions, Inc. at its sole cost, will also arrange t:o
have the three (3) electronic signs to help direct traffic; one at
52nd Street and Alton Road (northbound), one at 63rd Street and
Pinetree Drive (east bound), and one at the 6400 block of Indian
Creek (south bound) .
continued. . .
YACHT BROKERAGE SHOW
Page 3
January 22, 15 9~
CONCLUSION:
Adopting the resolution authorizing the execution of the leasE
agreement, provides the City an opportunity to continue enhancin~
its international reputation as a showcase for watercraft, h~.
hosting this used boat show which supplements the Miami Bead
International Boat Show. Additionally, said lease will result ir
revenues to the City of Eighteen Thousand Three Hundred NinE
Dollars ($18,309) for the use of the premises for a thirty-two (32)
day period. The necessary plans, insurance, local, state anc
federal regulatory approvals, permits and licenses required for thE
operation will be provided by Yachting Promotions, Inc.
JGP:MDB:JD:rdU~~
attachments
F:\PURC\$ALL\ASSETS\YACHTSHO\YACHTPRM.COM 1/14/97
LEASE AGREEMENT
THIS AGREEMENT, made on the 22nd day of January, 1997, by,m:l
between the CITY OF MIAMI BEACH, Florida (City), and YACHTIN~
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 4lit 1
Street and Collins Avenue; and
WHEREAS, the Lessee wishes to use approximately 600 feet alonJ
the City-owned seawall on Indian Creek at 46th Street and Coll:_n ~
Avenue, to place floating docks for the purpose of docking an i
mooring used yachts and other used vessels for an event known a~
the Brokerage Yacht Show, from January 28, 1997 to February :~8
1997; and
WHEREAS, the Marine Authority of the City of Miami Beach, a':
its meeting of November 12, 1996, reviewed and approved plans and
safety precautions of the Lessee, and approved Lessee's propoe:e( i
use subject to those certain conditions set forth herein; and
WHEREAS, the City's Planning Board held a public hearing Oll
November 26, 1996, and approved the Lessee I s request for il
Conditional Use pertaining to the use set forth herein.
1
NOW THEREFORE, in consideration of the restrictions an:l
covenants herein contained, the City hereby permits the Lessel!' 3
use of the City property described in Exhibit "A" of Exhibit "1",
attached hereto (Demised Premises) .
It is further mutually understood and agreed by the respect:Lv~
parties hereto that the recitations, statements, covenants,
warranties and agreements hereinabove and in the attached artic:.e 3
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 0:
temporary docks in order to dock or moor watercraft or vessels fo~
activities directly associated with the production of a show to h!
held from January 28, 1997, through February 28, 1997, entitled th!
"Brokerage Yacht Show" event the sale of used boats only, and 1'0: ~
no other purpose whatsoever.
The docks and vessels which arl ~
contemplated to be situated on the Demised Premises are morl ~
particularly described in Exhibit "2", attached hereto.
The Lessee shall have the sole responsibility for obtainj.~T
any and all local, State and Federal regulatory approvals, permit:l
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 requirement: l
of the City, County, State, and Federal agencies
ARTICLE II
TERM
The Lessee shall have the use of the Demised Premifle:.l
commencing at 12:01 A.M. on January 28, 1997, and ending a':
midnight on February 28, 1997; a total period of thirty-two {:,2
days, including move-in and move-out days.
ARTICLE III
REGULATORY FEES
To defray the cost of regulating the operations of the Lesflel~
on the Demised Premises, the Lessee shall pay to the City d
regulatory fee (fee) of Eleven Thousand Seven Hundred Forty Fj.vl~
Dollars ($11,745.00), payable 50% upon execution of this Lease b:r
the Lessee, and 50% on January 28, 1997. In the event that LeSflel ~
has not secured all required permits and approvals by January 28
1997, then Lessee and/or the City shall have the right to terminat,~
this Lease, and Lessee shall have the right to receive a refund 0:
25% of the fee, with the City retaining 25% as liquidated damagE!s
If the Lessee and/or the City terminates the Lease for any reaflOll
after January 28, 1997, there shall be no refund.
3
ARTICLE IV
RENT FOR OUT-LOTS
The Lessee shall pay to the City a rent of Six Thousand FLv=
Hundred Sixty Four 82/100 Dollars ($6,564.82), payable 50% U)O 1.
execution of this Lease by the Lessee, and 50% on January 28, 1937,
for the use of the out-lots described in Exhibit "3", attac:1e:l
hereto.
In the event that Lessee has not secured all requi:::-e:l
permits and approvals by January 28, 1997, then Lessee and/or I:h~
City shall have the right to terminate this Lease, and the LeSl3e ~
shall have the right to receive a refund of 25% of the rent, W:Lt1
the City retaining 25% as liquidated damages. If the Lessee and/o:-
the City terminates the Lease for any reason after January :l8.
1997, there shall be no refund.
ARTICLE V
RECORDS: AUDIT
The Lessee agrees to establish/maintain such records as may b!
prescribed by the City to provide evidence that all terms of thl ~
Lease have been and are being observed.
4
ARTICLE VI
ALTERATIONS BY LESSEE
Except for the alterations and/or improvements described i1
Article VI I of this Lease, the Lessee shall neither construct :10 r
erect any building, fence, wall, sign, screen enclosure, or ,:tn{
permanent improvement upon the Demised Premises without the prior
written consent of the City.
The Lessee shall have the sol ~
responsibility for obtaining all local,
state and Fede::-a L
regulatory approvals, permits or licenses required for construct.Lo1
of improvements upon the Demised Premises. All improvements mad~
by the Lessee shall be readily removable without inj ury to th ~
Demised Premises or the adjacent property on Indian Creek at th~
expiration of the term as set forth herein, or upon ten (10) day 3
written notice from the City.
Removal by the City of an r
improvements made by the Lessee shall be at the sole expense of th~
Lessee, and Lessee shall pay the City for any such expense incurrei
by the City within ten (10) days of demand by the City.
ARTICLE VII
VESSELS TO BE DOCKED: ALTERATIONS TO.
AND USE OF DEMISED PREMISES: AND OTHER REOUIREMENTS
Temporary docks will be placed on the demised premise:l
immediately adjacent to the seawall to accommodate as many yacht:;
5
and other vessels as are approved by the City, which may b ~
available for visual inspection by prospective purchasers. As mom f
as two floating barges may be placed in the area adjacent to ':h!
Demised Premises to accommodate tented seating lounge areas.
In accordance with the recommendations approved by the City oE
Miami Beach Marine Authority at its meeting of November 12, 1996,
the Lessee shall:
1) Provide at least one (1) life preserver at every othec
piling.
2) Use its best efforts to control the speed limits 0:
all watercraft and endeavor to notify any and al L
parties associated with the event as to these SpE!e i
limits and restrictions.
3) Agree that the opening of the 63rd Street bridge w:.l_
be limited to one opening per half (1/2) hour, em:!.
each opening shall not exceed ten (10) minutes i: 1
length. Furthermore, no bridge openings are to occu~
between the hours of 7: 00 AM and 9: 15 AM, and th!
hours of 4:00 PM and 6:30 PM, with the followJ.n~f
exceptions:
a) One bridge opening will be permitted per tJ.mt~
period for ingress or egress of large yacht:;
which can only maneuver during high tide.
6
b) City of Miami Beach Marine Patrol assistance will
be required during these time periods.
4. All docks, pilings, dolphins, lines and other mooring3
both above and below the water line shall be withi1
the area shown on Exhibit "2", attached hereto.
The Lessee agrees to conform with all conditions outlined i1
the Conditional Use Permit, File #1282, that was approved by 1:h~
Planning Board during the public hearing held on November 26, 1996,
and attached and incorporated as Exhibit "1" hereto. Furtherm()r~
the City and the Lessee agree to the following:
1. Subj ect to the approval of the City I s Planning and Zon:.ll< J
Department, a temporary fence, may be located on th~
Demised
Premises
to
enhance
security
and
safE!t'r
precautions, and a temporary ticket booth or office may b!
placed on the out lots. No part of any fence or temporarr
building may block any portion of the sidewalk or otherw:.sl!
impede pedestrian or vehicular traffic.
2. Subject to the approval of the City's Planning and Zoni~r
Department, a temporary banner may be erected on t~h!
Demised Premises.
3. Parking on the curb, or any other unauthorized location
shall be strictly prohibited.
7
4. In addition to any other costs agreed to herein, the LeS;3e~
will be responsible for all costs, including administrativ~
fees, associated with one (1) Marine Patrol boat and tW)
(2) Police Officers for the hours of 6:00 AM and 6:00 PM,
on the heavy move-in day and move-out day.
5. The Lessee, at its sole cost, will arrange to have th ~
three (3) electronic signs required by the City of MiamL
Beach Planning Board's Conditional Use Permit (Exhibit
attached hereto at the following locations:
a) 52nd Street and Alton Road (northbound)
b) 63rd Street and Pinetree Drive (east bound)
c) 6400 block of Indian Creek (south bound)
6. The City agrees to provide the following parking SpaCE!S
II. II
to be used only for the purposes specifically listed below
to the Lessee:
a) One Office Trailer 21' wide by 55' long 7 space: ;
b) One bathroom trailer 21' wide by 55' long 7 space:;
c) Four 8 yard, or One 20/30 yard dumpster 6 space::
d) One van 1 Spc.CI ~
e) One pick-up truck 1 Spc.CE ~
f) TOTAL 22 SpaCel!
The location of said parking spaces will be at the City':;
sole discretion. The Lessee will coordinate this effor1
8
with the City of Miami Beach Parking Department and agree3
to pay any required fees and costs associated with the us~
of said spaces for the period of time that they are used.
ARTICLE VIII
CONDITION OF DEMISED PREMISES AND MAINTENANCE
The Lessee, at its sole cost and expense, shall cause th~
Demised Premises to be in a state of good condition from th~
commencement of this Lease. The Lessee shall maintain and keep 1:h~
entire Demised Premises in a neat, clean condition, free of reflls, ~
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 b~
made solely by the City.
ARTICLE IX
INSURANCE. HOLD HARMLESS AND INDEMNITY
The Lessee shall indemnify, defend and hold harmless, the C:.t.,
and its officers, employees and agents, from any and all claims
liability, losses, and causes of action which may arise out of tho!
Lessee's activities under this Lease and shall pay all claims emd
losses of any nature whatsoever in connection therewith and sheLl:.
defend all suits, in the name of the City, when applicable, Clnd
9
shall pay all costs (including attorney's fees) and judgement 3
which may be issued thereon.
This indemnification shall not b~
limited in any way by the type or amount of insurance carried b"
the Lessee. The Lessee shall carry and maintain in full force ani
effect at all times during the term of this Lease the follow:_nr
coverages:
1. Commercial
General
Liability,
including
contractlla _
liability,
in the amount
of
One Million Dollar,;
($1,000,000.00) per occurrence. The City must be named a,;
an additional insured.
2. Workers' Compensation coverage including United State:;
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':;
Risk Manager prior to the Commencement of this Lease.
4. The City must be notified thirty (30) days prior to em-'
cancellation or change of coverage.
ARTICLE X
ASSIGNMENT
The Lessee shall not sublet, assign, transfer, mortga~re
pledge, or dispose of this Lease for the term hereof without thl~
prior written consent of the City.
10
ARTICLE XI
NO LIABILITY FOR PERSONAL PROPERTY
All personal property placed or moved on the Demised PremiBe3
shall be at the risk of the Lessee or the owner thereof. The C:. t r
shall not be liable to the Lessee for any damage to said persona.
property.
ARTICLE XII
CITY'S RIGHT OF ENTRY
The City or any of its agents, shall have the right to en1:e~
upon the Demised Premises during all reasonable working hours ro~
the purpose of inspecting or repairing such Premises. Such ri9h:
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 em, i
necessitated by the Lessee's use of said Demised Premises, shall b,~
at the sole expense of the Lessee.
ARTICLE XIII
TERMINATION OF LEASE
Either party hereto may terminate this Lease, and thU:,l
revoke and cancel this same, without cause and for convenience, b:'
giving the other party written notice of such intent to terminatl!
11
at least thirty (30) days prior to the scheduled commencement dat!
of the Lease ter.m, as same is set forth herein.
If Lessee fails to perform in accordance with any of the teJ~m 3
and conditions herein contained, and such default is not cure, i
within three (3) days after written notice is given to Lessee, thel
the City may terminate this Lease without further notice to th~
Lessee, such termination becoming effective immediately. I: 1
addition, the City may pursue any and all additional remedies
whether legal or equitable, available to it to seek redress ro~
such default, with the prevailing party paying all reasonable le~Ja.
costs.
ARTICLE XIV
NOTICES
It is understood and agreed between the parties hereto tha:
written notice addressed to the Lessee and mailed (certified ma:.l
return receipt requested) or hand delivered to Yachting Promotions
Inc., 1115 N.E. 9th Avenue, Ft. Lauderdale, Florida 33304, shal_
constitute sufficient notice to the Lessee, and written notic.!
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, shal.
12
constitute sufficient notice to the City to comply with the term:l
of this Lease.
ARTICLE XV
PEACEFUL POSSESSION
Subj ect to the terms, conditions and covenants of the LeaE!e
the City agrees that Lessee shall and may peacefully have, hold and
enjoy the Premises without hindrances or molestation by the City
ARTICLE XVI
SURRENDER OF PREMISES
At the expiration of the time frame and the expiration of tlLi: l
Lease or any renewal or cancellation thereof, Lessee shall, withou':
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 Sc~i( l
Premises in good condition, if said Premises are not in good
condition at the expiration, renewal, or cancellation of the tjmE~
frame or this Lease.
The Lessee shall remove any improvements which it install:;
upon the Premises at its sole cost and expense.
13
ARTICLE XVII
VENUE
Any litigation between the parties, arising out of, or i 1
connection with this Lease, shall be initiated in the court systel1
of the County of Dade, State of Florida.
ARTICLE XVI
LIMITATION OF LIABILITY
The City desires to enter into this Lease only if in so dO:.lli J
the City can place a limit on the City's liability for any cause 0:
action for money damages due to an alleged breach by the City 0:
this Lease, so that its liability for any such breach never exceed,;
the sum of Five Thousand Dollars ($5000). Lessee hereby expresfle:;
its willingness to enter into this Lease with Lessee's recover'
from the City for any damage action for breach of contract to b!
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 b!
liable to the Lessee for damages in an amount in excess of $5, (1011
for any action or claim for breach of contract arising out of thl!
performance or non-performance of any obligations imposed upon thE~
City by this Lease.
Nothing contained in this paragraph 0:"
elsewhere in this Lease is in any way intended to be a waiver o~.
14
the limitation placed upon City's liability as set forth in Flor:.da
Statutes, Section 768.28.
IN WITNESS WHEREOF, the parties have hereunto executed tl.is
Lease for the purposes herein expressed the days and years fiJst
above written.
ATTEST:
~0k;r e~
CITY CLERK
In the presence of:
F:\PURC\$ALL\ASSETS\YACHTING.AGR 1/9/97
C TY OF MIAMI BEACH
YACHTING P~OMOTIONS, INC.
~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
d4.~~
.......
:~
I~ ,:''''':r1
~,t...-,,:,/
Date
15
EXHKBKT " JL"
BEFORE THE PLANNING BOARD
OF THE CITY OF MIAMI BEACH, FLORIDA
INRE:
The Application of
YACHTING PROMOTIONS INC.
CONDITIONAL USE PERMIT
Fiile : ~o.: 1282
On the 7th day of October, 1996, the applicant, Yachting Promotions Inc., filed an application with tt.e I )irector of
Planning and Zoning for a Conditional Use Permit pursuant to Sections 6-258.12 and 17-4 of Miami Be, ch Zoning
Ordinance No. 89-2665. The Miami Beach Planning Board held a public hearing on November 26, 1996 and voted
to approve the following:
REQUEST: Conditional Use Request in Order to Install Temporary Float: ng Docks
adjacent to the existing seawall of the Indian Creek Waterwa { at 4333
through 5001 Collins A venue, Miami Beach, Florida
ADDRESSES: 4333 Collins Avenue - Charles Group Hotels
4441 Collins Avenue - Fountainbleau Hilton
5425 Collins Avenue - Eden Roc
4601 Collins Avenue - CMB Parking Lot
4747 Collins Avenue - Torsten Reineck
4775 Collins Avenue - New Florida Properties
4883 Collins Avenue - Doral Hotel
4925 Collins Avenue - The Executive
5001 Collins Avenue - Carriage Club South
LEGAL DESCRIPTION: See Attached Legal Description, Exhibit 'A', from the "Specie l Purpose
Submerged Land Survey" dated July 15, 1996 as prepared by M :Laughlin
Engineering Company, JeraId A. McLaughlin, registered Land SUI veyor No.
5269; State of Florida.
Notice of the request for Conditional Use was given as required by law and mailed out to owners ofpropt rty within
a distance of375 feet of the exterior limits of the property upon which the application was made. The B lard finds
that the property in question is located in the WD-l Waterway District No.1. The Board further f1nd~, b lSed upon
the information and documentation presented at the public hearing, the staff report, inclusive oj 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 101 ated;
That the intended Use or construction will not result in an impact that will exceed the thresiloids for the
levels of service as set forth in the Comprehensive Plan;
Page 1 of 5; Yachting Promotions Inc.
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 Off-Street Parking facilities will be provided; and,
That necessary safeguards will be provided for the protection of surrounding property, p :rsons, and
neighborhood values.
IT IS THEREFORE ORDERED, by the Board, that a Conditional Use Permit as requested and ~et 'Orth above
be granted, upon the following conditions that the applicant has agreed to:
I. The request is hereby approved for the 1997 Boat Show event only which shall be Opt n February
13-17,1997.
2. This approval is granted to Yachting Promotions, Inc., only, as operator; any change in t Ie operator
of the subject temporary docks shall D.Q1 be permitted.
3. The applicant shall obtain a building permit for the request. The plan, design and con:;tnction shall
meet the applicable South Florida Building Code and Florida Accessibility Code Re gu .ations and
shall be approved by the Dade County Department of Environmental Resources (DER vI) and the
State of Florida Department of Environmental Protection (FDEP) prior to the issuance of a Building
Permit.
4. The applicant shall receive a revocable permit for use of the outlots at 4600 Co Ii! s Avenue,
approved by the City Commission, prior to the issuance of a Building Permit for the pr )ject.
5. The applicant shall provide a revised site plan, drawn to scale, showing the propose(l s. :t-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 fo the entire
Boat Show area. The revised site plan shall be approved by the Planning & Zoning Dire, tor. In the
event the 80 ft. navigatible channel appears to be inadequate, the Planning & Zoning Diector may
require a wider channel at a width deemed necessary in consultation with the Cit ,IS Marine
Inspector.
6. The maximum extension of the temporary docks and pilings into the waterway shall not f xceed 525
feet as shown on the Plans submitted with the Planning Board Application (11/26/96). Th ~ applicant
shall maintain no less than the 80 ft. channel clearance between the moored pleasure ::rc ft and any
moored vessels or docks on the west side of the Indian Creek Waterway at all times durln~ the show.
7. The applicant shall obtain utility clearance from FPL (Florida Power and Light Comf an r) prior to
obtaining a Building Permit for the installation of the temporary pilings.
8. The project shall include the installation of safety floatation devices on the moorin~ piles for
emergency use. The appropriate locations of all said safety devices shall be indicated on tb ~ site plan
prior to the issuance of a Building Permit.
Page 2 of 5; Yachting Promotions Inc.
9. The project shall include the installation of electric lights at the north and soutr e Ids of the
temporary dock and navigational ret1ectors on the perimeter mooring piles. Said electr c I ights shall
be installed with a natural light sensor switch to ensure their illumination during the .ill: k to dawn
hours of darkness. The appropriate location of the lights and reflectors shall be indicat~d )fi the site
plan prior to the issuance of a Building Permit.
10. The applicant shall remove and replace any concrete or asphalt surfaces damaged dur ng show set-
up and break-down; said repairs shall occur within thirty (30) days after the dismantlin& oj the event.
II. Subject to Coast Guard approval, during the set-up and break-down periods of the even, the 63rd
Street Bridge shall not open between the early morning and late afternoon traffic rush h mrs. The
Bridge shall be closed between the hours of 7:00 a.m. and 9: 15 a.m. and 4:00 p.m. a1d 6:30 p.m.
Bridge activity for other hours of operation shall be limited to 10 minute durations or 1/2 hour
intervals. The applicant shall strive to bring yachts into and out of the Boat Show doc{ir g areas in
the early morning or late night hours.
12. The applicant shall install, at its expense, temporary electronic signs at key roadway .nt :rsections
informing the public of the 63rd Street Bridge operations; said installation shall be made:.t 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 re 5ulations,
including, but not limited to, speed limits, wake area restrictions, right-of-way C')Ul tesy, etc,
especially in the area of the Miami Beach Rowing Club at 65th Street and Indian Creek D 1ve. The
applicant shall inform in writing all participating Boat Show captains of this requiremen. Failure
to comply with this provision will be automatic grounds for revocation of this Condit onal Use
approval.
14. Large yachts with a draft greater than 4 ft. participating in the event shall not leave the! r t :mporary
mooring during the event days of February 13-17, 1997 and shall only arrive during s ~t-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 he CMB
Marine Patrol at least 15 days prior to set-up.
15. The applicant shall provide staff in four (4) boats continuously during show hours to be I )cated as
follows: 1) one boat at each end of the temporary marine structures to enforce the conti! uance of
the 80 ft. clear channel; 2) one boat at the bend in the Indian Creek Waterway (near tl e Miami
Beach Rowing Club) to help direct water traffic flow; and 3) a spotter boat shall also )e Jrovided
to the area within the boundaries of the 41st Street Bridge on the south and the north end 0 f Allison
Island on the north to help the maneuvering and flow of marine traffic and to spot and a3si :t rowers
in the area. Under no circumstances shall the 80 ft. wide channel be blocked by stationar f marine
vessels, except during the installation and removal of the temporary pilings.
16. The applicant shall provide two private additional boats (staffed by professional security 0 ncers or
Florida Marine Patrol personnel) to patrol and provide security 24 hours per day, durin,s tIe event,
throughout the immediate surrounding area of the event, especially for the private existins d Jcks and
properties along the western seawall of the Indian Creek Waterway.
Page 3 of 5; Yachting Promotions Inc.
17. The applicant shall obtain an occupationullicense for the use of the parking lot at tv iami Heart
Institute Wolfson Campus (former St. Francis Hospital site) pursuant to Sub-sectic n '-9B of the
Zoning Ordinance for under-utilized parking and shall operate a shuttle between this lllcation and
the Boat Show on a regular basis.
18. The applicant shall not park any vehicles on the east or west curbside areas of CollillS Avenue;
unauthorized vehicles will be ticketed and towed at the owner's expense.
19. The applicant or any other participant in the event shall not offer for sale any new Ylcl t, pleasure
boat or any other marine vessel on that portion of the site which is City property lAc 00 Collins
Avenue).
20. The applicant shall present a written progress report to the Division by March:, 997 to be
presented to the Board at its regularly scheduled meeting of March 25, 1997. Said pJ'O~ ress report
shall include all accident or incident reports or other pertinent information regarding thl operation
of the event. The Board will, at said meeting, also consider guidelines for future boat sh )w events.
21. The applicant shall be required to remove all trash and debris from the surrounding a'e<l and in the
water daily during the event and upon completion of the removal of the temporary docks, nd pilings.
The applicant shall provide, as apart of the above required progress report, a written r ~sI onse from
DERM confirming that this requirement has been met.
22. The establishment and operation of this Conditional Use shall comply with all the afore nentioned
conditions of approval; non-compliance shall constitute a violation of Zoning Ordinan :e No. 89-
2665, and shall be subject to enforcement procedures set forth in Section 21-2 of said (trd nance 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 shall oversee the waterway area between the TIC rth end of
Allison Island and the applicant's setup area to ensure all applicable marine regulations are adhered to by the
applicant.
Page 4 of 5; Yachting Promotions Inc.
PROVIDED, the applicant shall build in accordance with the plans submitted as part of this fi e and as
approved by the Planning Board with any applicable modifications. The applicant shall take ai.l r ecessary
steps to have a building permit issued by the City within a period of two (2) months from the d. te 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 Order does not constitute a building
permit, but upon presentation of a this Order to the Planning, Design and Historic Preservation 0:, vision, a
building permit shall be approved (subject to compliance with the conditions hereof) and pro(essed in
accordance with and pursuant to the ordinances of the City of Miami Beach.
Dated this 1orh,
day of
. ~::tP/~\ ~~
, 1996.
STATE OF FLORIDA)
)SS
COUNTY OF DADE )
e foregoing instrument was abknowledged before me this 30 i7t
Day of ~ C ~'). . ~ '-- , 1996; by ,( c:1t',v 'J \ (S-rz ftJbUJ !f f\ . ,
who is personally known to me as the Director of Planning and Zoning of the City of Miami BeLch and ex-
OffiCiO~f ilie Planning Board.
QARYPUBLIC~)
M commission expires:
L N Y SEAL
CHAR us A TAFT
NCTrARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC462120
MY COMMISSION EXP. MA Y 29.1999 J
Approved as to form:
CfJ/lA-Lf');I, ,ifT
NOTARY PUBLIC STATE OF FLORII'A
(type, print or stamp name)
@~ \v~o~~~
· ICE OF H CITY ATTORNEY (InItials/date)
DJG\MHFiF:\nov\ 1282cu. 96
Page 5 of 5; Yachting Promotions Inc.
t:XHltjl il A
LEGAL Dt.SCRIPTION
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. A/.,1GJDED PLAT OF THE INDIAN BEACH CORPORATION'S
SUEDIVISIOI'J. according to the plat thereof. as recorded in Plat Book 8. Page 61. of the
public records of Dade County. Florida. and adjacent to FIRST PINE TREE DRIVE SUB'D.
public records of Dade Coun ty, Floridc. and adjacen t ta FIRST Pll'lE TREE DRIVE
SlJ6DIVISiOI'.J. according ta the plat thereaf as recorded in Plct Book 6. Page
148. of the public records of Dade County. Florida, and adjacent to Blocks
36.38. and 40. AMENDED /.,IAP. THE OCEAN FROI'IT PROPRTY ,THE MIAMI BEACH
INtPROVE~1 Ei'1 T COMP Ai'J Y. accordin g to th e pi a t th ereo f as record ed in PI a t 800k
5, Page 7 &8, of the public records of Dade Coun ty, Florida. Said Submerged
Lends described as follows:
Commencing at the intersection of the Easterly Right-of-way line of said Collins Avenue
(131 feet righ t-af-way), and the South line of said Lot 1.3; thence North 80'32'00" West
on the Westerly extension of the South line of Lot 1.3. of said AMENDED PLAT OF
THE INDIAN BEACH CORPORATION'S SUBDIVISION: thence North 80'32'00" West
on the Safe Upland Limits Line, beins a point on the West face of an existing seawall caJ
end 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 0.3'52'06" West, a distanc ~
of 401.82 feet; thence South 06'4-5'55" East. a distance of 28.44 feet; thence South
11'21 '11" West, a distance of 773.18 feet; thence South 11'4-.3'43" West, a distance of
904.32 feet; thence South 06'29'34" West, a distance of 747.56 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 158.68 feet; thence
Northerly on the East line of a proposed 80' chonnel the following thirteen (13) courses ard
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 442.26 feet;
thence North 18'38'35" East, a distance of 321.99 feet; thence North 05'3.3'55" 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 of 228.15 feet; thence North 01'.30'21" West, a distanc.!
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 25'21'36" East, a distance of
159.94 feet; thence North 20'12'48" [ast, a distance of 32.3.33 feet; thence North
03'06'58" East, a distance of 438.40 feet to the paint of termination of the said
thirteen courses and distances; thence Sauth 78'09'59" East. a distance of 337.05
feet to a point on the Safe Uplands Limits line, and being a pain t 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 0.3'52'06"
West. a distance of 69.76 feet to the pain t termination of the said three courses and
distances. and to the Point of Beginning. Said lands situate, lying and being in Dade
County, Florida. and containing 1,195.139 SQUARE FEET or 27.~.366 ACRES more or less.
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OUT LOTS
(approximately 9,000 Sq. Ft.)
lEXHrKBKT "3"
JAN-?:-97 ?RI 12:35 PYI MIAMI REGULATORY
FAX NO. 407 687 5164
p
. .
\-.I
....,....,....'VED
t~~ \._1 ~~::~ i '
'-'
9-1 FES -3 PH 12: 19
DE~A1~}\~SFO~~EARMY PERMIT
Permittee: YACHTING PROMOTIONS, INC.
(DUPLICATE)
Permit No.
199031326 (IP-BP)
Issuing Office: u.S. Army Engineer District. Jacksonville
NOTE: The term "you" and its derivatives, as used in this perm:.t,
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 undf~r
the authority of the commanding officer.
You are authorized to perform work in accordance with the term:;
and conditions specified below.
Project Description: The temporary construction of up to 50{1
floating boat slips, and the placement of approximately 200
mooring piles for the Brokerage Yacht Show annual event. Al~:o to
include the establishment of a temporary navigation channel in
Indian Creek, marked by buoys, as shown and described on attc:ld led
plans numbered 199031326 (IP-BP) in sheets 1-3 of 4, undated.
Geographic Position: Latitude 25049'22" North
Longitude 80007120" West
Project Location: The waters of Indian Creek (~n extension of
Biscayne Bay) at Miami Beach, and located in Section 23, TOWllS1ip
53 South, Range 42 East, Dade County, Florida. Project site i3
on the west side of Collins Avenue, from 43rd Street to 51st
Street.
Permit Conditions:
General Conditions:
l. The time limit for completing the work authorized ends or.
24 January. 1 998. If you find that you need more time to compl et.e
the authorl.zed activity, submi~_. your request for a time exters: on
------
\
\
",",ll-:;-j n.; ,_:jb PM MIAMI REGULATORY
FAX NO. 407 687 5164
v
v
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: ,1
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 acti vi ty author:.z ~d
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 ycur
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 tle
terms and conditions of your permit.
2
u.....n
1_" [:.... J! r [VI
MiAMi kEGULATORY
FAX NO.
407 687 5164
v
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Special Conditions:
1. Concurrent with the initiation of project construction, t]~e
permittee 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 two vessels, one which shall functi:m
as an escort vessel, leading resident boat traffic safely thr~u~h
the construction/show site, and one 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-foot 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. The permittee shall ensure that all temporary pilings are
marked in accordance with U.S. Coast Guard regulation reflecti~~
markings. Also the pilings at the entrance and exit of the 80'
wide navigation channel shall be equipped with electric warnin~'
lights, operating constantly.
3. The permittee shall ensure that removal of all temporary
structures and associated materials from the waters of Indiar.
Creek shall be completed no later than 14 days following the eJ ld
of the Miami Brokerage Yacht Show. Permittee shall provide
written verification of this removal, along with photographic:
evidence, to the Corps of Engineers, Miami Regulatory Office
w~thin 7 days of clean-up completion and/or may schedule an
onsite meeting with staff from the Miami Regulatory Office dur.ng
that time period.
4. This permit (DA permit number 199031326) is issued for one
year only (to expire on 24 January 1998). A request for a t:Lm ~
extension should be submitted at least six months prior to the
next scheduled event to allow sufficient for review and
coordination prior to any authorization. Any time extension
requests for this permit will be considered in light of the
3
J :\.r ~ . -::
r:d I.C jb rM
MIAMI REGULATORY
FAX NO.
407 687 5164
v
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permittee's compliance with all general and special conditions of
this permit. Also, any time extension request shall take int8
consideration any permit restrictions and/or special conditionE
imposed by other permitting agencies, especially the Florida
State Department of Environmental Protection.
Further Information:
1. Congressional Authorities: You have been authorized to
undertake the activity described above pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899 (33
U.S.C. 403).
Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and
Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other
Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or
exclusive privileges.
c. This permit does not authorize any injury to the propE~r':y
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.
4
;.-.n-J,-Ji U\l iL.Jj 1M MlAMl HGULAlURY
FAX NO. 407 687 Jio4
\-;
~
b. Damages to the permitted project or uses thereof as a
result of current or future activities undertaken by or on beha.f
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 th~
permitted work.
e. Damage claims associated with any future modification,
suspension, or revocation of this permit.
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 incluce,
but are not limited to, the following:
a. You fail to comply with the terms and conditions of tr.i~
permit.
b. The information provided by you in support of your perm:.t
application proves to have been false, incomplete, or inaccul'a1.e
(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 revocat:.o 1
procedures contained in 33 CFR 325.7 or enforcement procedurE~s
such as those contained in 33 CFR 326.4 and 326.5. The referen:::ed
enforcement procedures provide for the issuance of an
administrative order requiring you comply with the terms and
conditions of your permit and for the initiation of legal ac=i~n
where appropriate. You will be required to pay for any corre::tive
measures ordered by this office, and if you fail to comply with
5
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such directive, this office may in certain situations (such a~l
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 fo:'
the completion of the activity authorized by this permit. Unles::
there are circumstances requiring either a prompt completion of
the authorized activity or a reevaluation of the public interE~s1.
decision, the Corps will normally give favorable consideratiorL t.O
a request for an extension of this time limit.
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This permit becomes effective when the Federal official,
designated to act for the Secretary of the Army, has signed
below.
'\
C<f1.ak A .S&reJ:
(DISTRICT ENGINEER)
TERRY L. RICE
Colonel, U.S. Army
District Engineer
1!:<.4!Q7
( DATE)
When the structures or work authorized by this permit are still
in existence at the time the property is transferred, the tenns
and conditions of this permit will continue to be binding on I:h~
new owner(s) of the property. To validate the transfer of thi::;
permit and the associated liabilities associated with complianc~
with its terms and conditions, have the transferee sign and ~it~
below.
(TRANSFEREE-SIGNATURE)
(DATE)
(NAME-PRINTED)
(ADDRESS)
(CITY, STATE, AND ZIP CODE)
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STANDARD MANATEE CONSTRUCTION CONDITIONS
MARCH 27, 1995
a. The lessee/grantee shall instruct all personnel associated
with the project of the potential presence of manatees and the
need to avoid collisions with manatees. All construction
personnel are responsible for observing water-related activities
for the presence of manatee(s).
b. The lessee/grantee shall advise all construction personnel
that there are civil and criminal penalties for harming,
harassing, or killing manatees which are protected under the
Marine Mammal Protection Act of 1972, The Endangered Species 1ct
of 1973 and the Florida Manatee Sanctuary Act.
c. Siltation barriers shall be made of material in which
manatees cannot become entangled, are properly secured and are
regularly monitored to avoid manatee entrapment. Barriers mu.::t
not block manatee entry to or exits from essential habitat.
d. All vessels associated with the construction project shall
operate at "no wake/idle" speeds at all times while in the
construction area and while in water where the draft of the
vessel provides less than a four-foot clearance from the bottcm.
All vessels will follow routes of deep water whenever possible.
e. If manatee(s) are seen within 100 yards of the active dai:y
construction/dredging operation or vessel movement, all
appropriate precautions shall be implemented to ensure protection
of the manatee. These precautions shall include the operatioI. of
all moving equipment no closer than 50 feet of a manatee
operation of any equipment closer than 50 feet to a manatee sLall
necessitate immediate shutdown of that equipment. Activities
will not resume until the manatee(s) has departed the project
area of its own volition.
f. A collision with and/or injury to a manatee shall be repo:.ted
immediately to the Florida Marine Patrol at 1-800-DIAL-FMP 11..
800-342-5367). Collision and/or injury should also be reporb!d
to the U.s. Fish and Wildlife Service in Jacksonville (1-90~,-:,~32-
STANDARD MANATEE CONDITIONS
March 27, 1995
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2580) for north Florida or Vera Beach (1-407-562-3909) in s::outh
Florida.
g. Temporary signs concerning manatees shall be posted prio~ to
and during all construction/dredging activities. All signs lre
to be removed by the lessee/grantee upon completion of the
project. A sign measuring at least 3 feet by 4 feet which r~ads
caution: Manatee Area will be posted in a location prominently
visible to water related construction crews. A second sign
should be posted if vessels are associated with the constrllc:ion,
and should be placed visible to the vessel operator. The s~cond
sign should be at least 81/2 inches by 11 inches which reads:
caution: Manatee Habitat. Idle speed is required if
opera ting a vessel in the construction area. All equ.ip nent
must be shutdown if a manatee comes within 50 feet of t1e
operation. A collision with and/or injury to a manat,?B
shall be reported immediately to the Florida Marine Patrol
at 1-800-DIAL-FMP (1-800-343-5367) and the U.S. Fish:lId
Wildlife Service at (1-904-232-2580) for north Florid3. or
(1-407-562-3909) for south Florida.
STANDARD MANATEE CONDITIONS
March 27, 1995
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Of Transponation.' . Bc..cnt:h Coast: auarQ uls"r1C:t.
United States
eoast Guard
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st.f' s,_boll loan)
Ph: (305) 536-5621
R,ECEIVED
91 FEB -3 Pt112: '9
CITY CLER1\'S OFFICE
16593/2362
Serial: 0769
JAN 3 I 1997
Mr. Harry S. Mavrogenes
Assistant City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach. FL 33139
Dear Mr. Mavrogenes:
This is in response to your letter of October 31, 1996, requesting a
change to the operating regulations on the 63rd Street drawtridge
across Indian Creek, Miami Beach, Florida.
We have considered your proposa~ and discussed the impacts wit.h Mr.
Dane Graziano of Show Management Inc., the following special l:ridge
operating restriction from February 10-12 and 18-19, 1997 (5-day
period). will be authorized to reduce the impact of bridge c,pE:,nings
upon highway traffic without unreasonably impacting navigat1.c'n:
The 63rd Street drawbridge shall open on signal;
except that, from 7 a.m. to 9 a.m. and from 5 p.m.
to 7 p.m., the draw need open only on the hour.
You are reminded that in accordance with 33 CFR 117.3l(II){2),
ves8e1s in a 81. tuation where a delay would endanger life or };:lx-c..perty
shall, upon proper 5ignal, be passed through the draw at any t:.me.
Signs should be posted both upstream and downstream
drawbridge summarizing this change in operation.
0.,.
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Please pub~1cize this change through the local news media 10 the
maximum extent possible. It is important that the public bt.: made
aware of the change in regu~ation.
ID:
JRN 31'97
11:12 No.Ul~ ~.Uj
16593/2362
Serial: 0769
Jf11'\1: :.;i lY9;'
If you should have any questions, please call Mr. Brodie Hieh at
(305) 536-5117.
;A
W. WI SLOW
ief, ridge Section
ids to Navigation and
Waterways Management Branch
Seventh Coast Guard District
By direction of the Distriot Commencer
Enel: 33 CFR 117.31(b)(2)
Copy: Florida Dept of Transportation~ Attn: Mr. Gab Romanact.
City of Miami. Beach; Attn: Mr. Joe Damien, City Asset Mlmager