HomeMy WebLinkAboutReso 2007-1174
RESOLUTION NO. 2007-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH SIR WINSTON LUXURY YACHT
CHARTERS FOR DOCK SP ACE AT BELLA VISTA BAY
PARK FOR EXCURSION VESSEL OPERATIONS, FOR A FEE
TO BE P AID TO THE CITY OF ONE THOUSAND SIX
HUNDRED DOLLARS ($1,600.00) PER MONTH PLUS
UTILITIES, FOR A ONE-YEAR TERM WITH OPTION FOR
RENEWAL, ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THE
TERMS OF THE AGREEMENT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Sir Winston Luxury Yacht is desirous of leasing dock space at Bella Vita
Bay Park for excursion vessel operations; and
WHEREAS, the City is desirous of leasing space to Sir Winston to provide for the
operation of excursions and cruises from Bella Vista Bay Park; and
WHEREAS, the City will allow the use of dock space at Bella Vista Bay Park by an
excursion vessel, defined as a vessel operating upon the inland public waterways within the City,
transporting one or more passengers for a fee, and which is controlled by a person or firm in the
business of offering waterborne sightseeing and entertainment; and
WHEREAS, the City wishes to enter into an agreement with Sir Winston Luxury Yacht
Charters for dock space at Bella Vista Bay Park for a fee to be paid to the City of One Thousand
Six Hundred Dollars ($1,600.00) per month plus utilities, for a one-year term with option for
renewal, attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Approval of Agreement. The City Commission hereby approves the agreement
with Sir Winston Luxury Yacht for dock space at Bella Vista Bay Park for excursion vessel
operations, for a fee to be paid to the City of One Thousand Six Hundred Dollars ($1,600.00) per
month plus utilities for a one-year term with option for renewal, attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Agreement.
R2007- Sir Winston Luxury Yacht Agmt for Dock Space Page I of2
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 15th day of November 2007.
, ATTEST:'
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Jane A. Hines, CMC, City Clerk
Moved by:
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c.()~ -&R.l.2.IN
Seconded by:
Vote: 6-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
~(Yes)
v (Yes)
V(Y es)
~(Y es)
_(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2007- Sir Winston Luxury Yacht Agmt for Dock Space Page 2 of2
AGREEMENT FOR EXCURSION VESSEL OPERATIONS
THIS AGREEMENT made and entered into this 7th day of November, 2007, by and between the
CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "City")
and WINSTON LEE KNAUSS, (hereinafter referred to as "Vessel Owner"). This Agreement is for the
following described Vessel:
Name of Vessel Sir Winston Overall Length 120
Beam 36 Draft 6' Power X Sail
Passed U. S. Coast Guard Vessel Safety Check Yes No
Date of Vessel Safety Check Receipt Attached
Owner(s) Winston Lee Knauss Trust
Residence Address 1800 NE 114th St.
City Miami State FL Zip 33181
Home Telephone i 305 ) 895-0844
Business Address 1800 NE 114th St.
City Miami State FL Zip 33181
Work Telephone (305) 947-6868
ARTICLE I
1.01. Term: The term of this Agreement is limited to a term of one (1) year beginning on the
execution date of this Agreement. This Agreement may be extended for an additional one (1) year term upon
the mutual agreement of the parties in writing. This Agreement may be terminated by either party upon 60
(sixty) days written notice.
1.02. Purpose: The purpose of this Agreement is to provide for the operation of excursions and
cruises from Bella Vista Bay Park, located in the City of Sunny Isles Beach, Florida. The scope of the
operation will be limited to entertainment cruises.
1.03. Intention: The intention of the parties is to allow the use of dock space at Bella Vista Bay
Park by an excursion vessel, defined as a vessel operating upon the inland public waterways within the City,
transporting one or more passengers for a fee, and which is controlled by a person or firm in the business of
offering waterborne sightseeing and entertainment. This Agreement confers no lease-hold interest.
ARTICLE 2
2.01. Vessel Dockage Fee: Payable upon execution of this Agreement, the Vessel Owner hereby
agrees to pay to the City a flat fee for the year, which is $1600.00 Monthly&UtilitiE~p .The dockage rate
shall be at the rate established by the City Manager who reserves the right to change the yearly dockage fee
for any subsequent renewal terms.
2.02. Payment of Vessel Dockage Fees: All dockage fees are due by the fifteenth day of each
month. A late fee of three hundred dollars ($300.00) shall be imposed for those payments not postmarked by
the fifteenth day of each month. The Vessel Owner shall pay all dockage fees as required by this Agreement
to the following:
SIB
A. John Szerlag
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida 33160
Tel: 305-792-170 I
ARTICLE 3
3.01. Service While Docked: No service of food or alcoholic beverages shall be effected prior to
thirty (30) minutes before scheduled departure of the vessel, in no event shall full meal service begin until
such time as the vessel has entered into the main channel of the Intracoastal Waterway. Except as provided
in this paragraph, the service of food and beverages shall be only attendant to cruises; no docked restaurant
shall be operated. Notwithstanding the foregoing, food or alcoholic beverages may be served while docked if
extreme weather conditions delay the departure of the vessel.
3.02. Quality of Vessel Owner's Services:
A. On-site management of the operation shall include at all times such licensed personnel as
may be required by the United States Coast Guard.
B. Food and beverages sold to the public shall be of good quality and served in accordance
with the Health Department requirements.
C. The Vessel Owner shall conduct its operations in an orderly manner so as not to
unreasonably annoy, disturb or to be offensive to customers, patrons or others in the immediate vicinity of
residents or others in the immediate vicinity of such operations.
D. The Vessel Owner shall take all reasonable steps to control the conduct, demeanor and
appearance of the Vessel Owner's employees, invitees, and those doing business with it. Upon objection
from the City concerning the conduct, demeanor or appearance of any such persons, the Vessel Owner will
immediately take all responsible steps necessary to remove the cause of the objection with the assistance of
appropriate law enforcement officers, if required.
ARTICLE 4
4.01. Sewa2e Removal: The Vessel Owner shall not remove or dispose of sewage illegally from the
vessel while it is docked at Bella Vista Bay Park, or within the City limits.
4.02. Fuelin2: All fueling of the vessel will be done at the Bella Vista Bay Park in accordance with
the rules promulgated by the City.
4.03. Authorization to move vessel on or before hurricane watch or wanin2: The Vessel Owner
agrees that if the Vessel Owner does not remove their vessel from the Bella Vista Bay Park on or before the
issuance of a hurricane watch or warning by the National Hurricane Center for this area, that the condition of
the vessel, its equipment and any property thereon at the Bella Vista Bay Park, shall be at the Vessel
Owner's sole risk. The City shall not be responsible for moving the vessel upon the approach of a hurricane
or other storm, though if the City moves the Vessel Owner's vessel, or undertake efforts to secure the vessel,
the Vessel Owner agrees to release, hold harmless and indemnify the City against any and all claims, actions,
liabilities and damages caused by or to the vessel which may arise out of (I) the City's decision to move or
not to move the vessel, (2) the inability of the City to contact the Vessel Owner on or before the issuance of a
hurricane watch or warning, or (3) the movement of the vessel by the City.
2
ARTICLE 5
5.01. Indemnification: Vessel Owner for himself, his heirs, personal representatives, successors,
and assigns, as the case may be, hereby discharges the City, and its officers, agents, and employees from any
and all liability for loss or damage to the vessel, its Vessel Owner, and Vessel Owner's agents, employees,
passengers, guests or invitees for any liability for personal injury, loss of life or property damage of any kind
whatsoever. Such loss or damage includes but is not limited to fire, theft, vandalism, windstorm, high or low
waters, hail, rain, collision or accident, hurricane, terrorism, or any Act of God, regardless of whether the
vessel is being moved, moored, stored or temporarily docked at Bella Vista Bay Park. Vessel Owner
acknowledges that he has been advised that the City make no representations or warranty offers for the use
of said premises. The City, its officers, agents and employees, disclaim any and all express or implied
warranties, and Vessel Owner, on behalf of himself, his heirs, personal representatives, successors, and
assigns, as the case may be, releases the City, its officers, agents and employees from any and all liability
arising out of any such warranties.
5.02. Arbitration: It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance
with the procedures, rules and regulations of the American Arbitration Association. The decision rendered
by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County,
Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-
prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the
costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation.
5.03. Governing Law: This Agreement shall be interpreted in accordance with the laws of the
State of Florida and the laws of the United States.
ARTICLE 6
6.01. Insurance: The Vessel Owner shall purchase and maintain insurance providing coverage on
an occurrence basis during the term of this agreement as outlined below:
A. Comprehensive General Liability or Commercial General Liability Coverage must be
afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy
or Commercial General Liability filed by the Insurance Services Office, and must include:
I. Minimum Limits of total coverage shall be [$2,000,000.00] per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability, the
basic policy to be in said form with any excess coverage (and the carrier) to be
acceptable to the City.
2. Premises and/or Operations.
3. Independent Contractor.
4. Products and/or Completed Operations. The Vessel Owner shall maintain in force
until at least three (3) years after completion of all services required under this specific
Agreement, coverage for products and completed operations, including Broad Form
Property Damage.
5. Broad Form Property Damage including Completed Operations.
6. Broad Form Contractual Coverage applicable to this specific Agreement, including
any hold harmless and/or indemnification agreement.
7. Personal Injury coverage with employees and contractual exclusions removed.
8. Crew Coverage.
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9. Pollution Coverage.
10. Collision Liability.
II. Strikes, Riots and Civil Commotion.
12. Loss Payee Interest May Appear.
13. Passenger Liability.
14. Dock Liability.
IS. Additional Insured. The City is to be specifically included as an additional insured
(including products).
6.02. Required Documentation: The Vessel Owner shall provide the following documentation to
the City Manager:
(1) The name, business address and telephone number of the person or firm operating the excursion
vessel business. If a corporation or partnership, include the names of all Directors, officers or
partners, where applicable.
(2) A description of each vessel proposed to be utilized as an excursion vessel, including a copy of
the Florida Vessel Registration and United States Coast Guard certificate of inspection.
(3) A list of all vessel operators who will operate the excursion vessel, their names, addresses,
employment history over the past five (5) years, and a copy of the United States Coast Guard license
for the class of each vessel operator will operate.
(4) Where the excursion vessel will be located when not in use.
(5) A certificate of insurance showing the City as an additional named insured on a policy or
policies insuring each vessel and the business for:
(a) Hull and machinery replacement;
(b) Third-party and passenger liability-with a minimum coverage of $2,000,000.00 per
occurrence; and
(c) If the business has three (3) or more employees, evidence of workers' compensation
insurance, including Jones Act Coverage, is required.
All insurance policies must be kept in full force and effect at all times the excursion vessel operations
take place.
(6) A copy of the occupational license issued by the City if the principal place of business is in the
corporate limits of the City.
ARTICLE 7
7.01. Cancellation bv City: The City may refuse to allow docking for any reason, and the
sole remedy available to the Vessel Owner is the return of any paid dockage fees, on a pro-rated basis.
ARTICLE 8
8.01. Rules and Regulations: The Vessel Owner shall at all times observe, obey and
comply with all rules and regulations adopted by the City, including but not limited to the Miami-Dade
County Marina Rules and Regulations made applicable hereto, and all laws, ordinances and/or rules and
regulations of other governmental units and agencies having lawful jurisdiction, which may be applicable to
the Vessel Owner's operations under this Agreement. Failure of the Vessel Owner to comply with any such
laws, rules or regulations may result in termination of the Agreement after the City has notified the Vessel
Owner in writing of the violation, and the Vessel Owner does not cure the violation(s) within 15 (fifteen)
days after receipt of the written notice. In such an event, the City may also remove the vessel from its
mooring at the Vessel Owner's risk and expense, and may take possession of the space and may enter into an
Agreement with another party. (The Miami-Dade County Marina Rules and Regulations, specifically
4
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applicable to this Agreement, are attached hereto as Exhibit "A"). If there is any conflict between the Rules
and this Agreement, the Agreement shall prevail.
ARTICLE 9
9.01. Notices: Any notices submitted or required by this Agreement shall be sent by
registered or certified mail and addressed to the parties as follows:
To the City:
A. John Szerlag
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida 33160
Tel: 305-792-1701
AND
Hans Ottinot
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida 33160
Tel: 305-792-1702
To the Licensee:
9.02. Interpretation: This Agreement constitutes the entire Agreement between the parties
with respect to subject matter hereof and supersedes all prior verbal or written agreements between the
parties with respect thereto. This Agreement may be amended only by written document, properly
authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole
unit and sections headings are for convenience only. All interpretations shall be governed by laws of the
State of Florida. Invalidation of any portion of this Agreement shall not automatically invalidate the entire
Agreement.
9.03. Conflicting Provisions: This Agreement shall control over any contradictory or
conflicting provisions set forth in any other document.
(Signatures on next page)
5
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement and one (1) counterpart,
each of which shall constitute an original to be executed by the appropriate officials as of the date first above
written:
VES21~L
Signature
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Print Name and Address ./
Print Name Susan 3tmp~
Print Name:
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Si'gllature -
ST ATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this I%. day of -.ND\I~Io.ul.- , 2007 by
Lo ; 1\s4-zM fU'\O\ V ~ of
He/She is personally known to me or has produced F'L D L- t~.)o - 8"\ :2 -'-11- 310 -""0 as identification
and did/did not take an oath.
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Pri~ci"a Ti'ler Walker
My Commiss:ion 00548519
Expires 07/24//.0'10
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State of Florida
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CITY OF SUNNY ISLES BEACH, FLORIDA
APPROVED AS TO F RM AND LEGAL SUFFICIENCY
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EXHIBIT A
MARINA RULES AND REGULATIONS
ADDITIONAL TERMS AND CONDITIONS OF PERMIT
1) Vessels Entering a Marina: Whenever a vessel enters marina waters, it shall
immediately be governed by these terms and conditions of permit and shall be
operated, navigated, moored, anchored, docked, or stored accordingly unless
otherwise directed by marina staff. Vessel operators are required to comply with
all applicable County, Local, State and Federal Regulations which may apply to
their vessels or the operation thereof. Vessels entering and leaving the marina
shall be governed by the "Inland Rules of the Road."
Permittee may not obstruct any established channel or tie up to or discharge
persons upon any navigational aid within any Miami-Dade County marina or
anchor within the limits of any established channel of a Miami-Dade County
marina, except in an emergency or with the specific approval of the Director, or
designee. A vessel shall not anchor or moor within the jurisdictional water areas
of any County marina, except in those portions of the marina designated for that
use, and then only if authorized by Marina personnel.
2) Berthing Procedure: Berths, docks, moorings, and anchorage will be assigned
by the marina staff. Only vessels in good condition will be permitted to berth,
dock, or moor. Berthed vessels are to be docked stern to pier except as
otherwise approved by the Marina Manager, and only one vessel may occupy a
single slip. Berths shall be assigned with respect to the overall length of a slips
and the vessel to be berthed. A vessel may not be assigned to a berth where the
vessel's overall length exceeds the berth's length by more than 10 percent, with
the exception that any vessel in violation of this provision on its effective date,
shall be permitted to remain in violation thereof until a suitable replacement berth
is available. Temporary or emergency assignments for due cause may be made
by the Marina Manager as necessary whereby vessel length exceeds slip length,
by more than ten percent.
3) Leakage: Any vessel experiencing leakage must be repaired or removed from
the Marina at the direction and discretion of Marina. Operations. It is agreed that
an owner or operator is responsible for the pumping out of his vessel, as
necessary; however, should an emergency develop whereby the Marina uses
equipment and manpower to pump out a vessel, an emergency service fee will
be assessed.
4) Towing: No person shall operate a vessel engaged in towing persons on water
skis, aquaplane or similar device on any waters within a Miami-Dade County
marina. Vessels may not tow other vessels except when such vessels are
disabled due to mechanical breakdown, or when the protection of persons or
property requires such towing.
5) Inspections: All vessels must be in good condition and capable of self-propulsion
(not paddle, oar, or make shift sail). All vessels shall be inspected for general
condition and proper documentation prior to initial berthing, subsequent renewals
or moves, or under other reasonable circumstances as determined by the marina
staff. Such inspections are strictly and solely for the County's own use and
benefit. and under no circumstances are to be relied upon by the Owner, his
agents, employees. or guests as a warranty of seaworthiness or safe condition of
such vessel. which is entirely the responsibility of the owner.
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Marina Division Manual
EXHIBIT A
MARINA RULES AND REGULATIONS
ADDITIONAL TERMS AND CONDITIONS OF PERMIT
6) Damage to public property: Owners or operator of vessels shall reimburse
Miami-Dade County for any damage or defacement which they or their vessel
may cause to Miami-Dade County property within thirty (30) days notice of such
damage or defacement. A Marina Berth Permit shall not be renewed with
owners or operators who have not satisfied such outstanding obligation.
7) Public liability: Berthing of vessels and use of berthing space is at the sole risk of
the permittee, his agents, servants, employees, patrons, guests, or service
personnel, and Miami-Dade County shall not be liable for the care or protection
of any vessel, its appurtenances or contents, or for any loss or damage of any
kind or nature whatsoever, resulting from such berthing operations or use of
berthing space.
8) Replacement vessel: If an owner disposes of his vessel, he may retain its
berthing space by continuing the monthly rental payments for up to one year. If at
the end of that year he does not have a replacement vessel then he will have to
terminate his permit. The Department reserves the right to issue a short term or
temporary berth permit during the time when the owner has not berthed his
vessel. The new vessel, however, may not exceed the dimensions set for that
space. The owner must give notification to the Marina Manager seven days prior
. to placing the new vessel in the berth.
9) Transfer and Assignment: The space assigned under any Marina Berth Permit is
not transferable and shall not be assigned or used by another vessel unless
under a short term or temporary berth permit issued by the Marina. Any attempt
to transfer rights, or to assign the berth space shall cause immediate termination
of the Marina berthing permit and forfeiture of all deposits.
10) General vessel appearance: It shall be the responsibility of any person who
owns, controls, or is aboard any vessel located within a Miami-Dade County
marina to maintain such vessel in an orderly and well appearing manner. "For
Sale" signs, not to exceed one foot (1') square may be displayed.
It shall be the responsibility and duty of vessel owners to keep their vessels and
immediate environs in such condition so as not to reflect unfavorably on the
appearance of Miami-Dade County marina facilities or to endanger any persons
or property. Decks of vessels in berths or on trailers shall be kept free and clear
of all debris and unsightly materials. Debris accumulated by wind, tide or any
other cause within a berth or trailer storage area shall be policed and removed.
No pollution, such as sewage, raw or treated, refuse, effluents, wastes or
contaminants of any kind whatsoever shall be deposited into marina waters,
within trailered storage areas, the general confines of the marina, channels or
waters leading thereto. All current and applicable U.S. Coast Guard regulations
pertaining to same shall be met.
Miami-Dade County Marinas subscribe to the Florida Department of
Environmental Protection.s Clean Marina Standards Boaters will be given
protocols to follow these standards and must adhere to all Clean Marina
Standards.
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EXHIBIT A
MARINA RULES AND REGULATIONS
ADDITIONAL TERMS AND CONDITIONS OF PERMIT
11) Pets: Domestic pets are not generally allowed in Miami-Dade County marinas.
Vessel owners, however, may bring pets into the marina on a leash or under
restraint and take them directly aboard their vessel. Pets shall not be loose
within a marina.
12) Maintenance: It shall be the responsibility of vessel owners and operators to
keep the pier areas adjacent to their vessels in an orderly, clean, and safe
condition. Piers and slips are to be clear of all gear, including dinghies, skiffs,
and bicycles.
13) Motorized vehicles: It shall be unlawful to ride, drive, store or otherwise allow
any motorized vehicle other than a Miami-Dade County vehicle on any pier,
except in the case of an emergency.
14) General conservation: Unless metered, utilities provided by Miami-Dade County
as part of the monthly permit fee for each berth are for the exclusive use of the
vessel occupying that berth and paying the fee therefore. It shall be prohibited
for either the permittee or any other person to use these utilities for any purpose
other than to supply same to the vessel officially assigned to that berth. Water
siphons shall not be used except in case of emergency. Fresh water provided by
Miami-Dade County shall not be used as a cooling agent for equipment on
vessels. All electrical usage shall be limited to reasonable consumption and
should be reduced to minimum levels when the vessel is unoccupied. Water
supply hoses of unattended vessels shall be disconnected at the dock and
stowed aboard. Air conditioners must be turned off on unattended vessels.
15) Telephone service: Telephone installation and service may be individually
arranged between the vessel owners and the appropriate telephone company,
subject to approval of the Director or Marina Manager.
16) Minor repairs: Routine maintenance and minor repairs necessary for the
preservation and seaworthiness of a vessel, such as mechanical adjustments,
minor painting, leak seals and rot prevention, may be performed within a marina.
Routine maintenance and minor repairs are generally considered to be those
which:
1. Do not disturb the public peace or the tranquillity of any person within a
marina.
2. Do not contribute to a disorderly or unsightly appearance during the process
of repair or maintenance.
3. Can be accomplished with hand tools or portable power tools of a type
normally carried aboard a vessel.
4. Are confined to the vessel.
5. Do not add pollution or put wastes or contaminants into marina waters.
Major repairs: Major repair work or refitting of vessels is prohibited except at
such marina repair facilities as may be designated by the Director.
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EXHIBIT A
MARINA RULES AND REGULATIONS
ADDITIONAL TERMS AND CONDITIONS OF PERMIT
17) Permittee responsibility: Permittee shall be solely responsible for any
mechanical, cleaning, refurbishing or other personnel hired by permittee for
service to be performed on a berthed vessel. A permittee shall be responsible
for any and all damage whether negligent or otherwise caused by permittee, its
employees or contractors. Permittee agrees to indemnify and hold the County
harmless from and all liability, actions, and causes of action in connection with
such personnel or the services rendered by same. The Marina staff may direct
the permittee to cease if contract work is deemed inappropriate.
18) Repairs of trailered vessels: Major repairs or refitting of trailers or trailered
vessels in a trailered boat space area is prohibited. Mechanical adjustments,
minor painting and leak or rot prevention and other minor repairs will be allowed.
19) Marina responsibility: Permittee understands and acknowledges that except in
emergencies, marina personnel will not start engines, engage in repairs, or
operate vessels.
20) Sunken vessels: These vessels must be removed from the marina within 10
days notice to the owner or the vessel will be removed by the County at the
owner's expense.
21) Modification of County property: Modification of County docks, equipment,
utilities, or other property, or addition to existing facilities, is prohibited.
22) Fire Hazard: All persons shall use and maintain vessels and other property in a
manner which does not constitute a fire hazard. The failure to conform to any
statute, rule, regulation, standard, or ordinance relating to fire safety shall be
considered a violation of this permit.
23) Appliances and electrical wiring: All cooking or heating appliances or any other
machinery, equipment, utensil or apparatus which is used at a marina shall be
constructed, installed, wired, situated, maintained, and used so as not to
constitute a fire hazard. Any person using electrical tools shall have a ground
fault interrupter in use.
24) Fire extinguisher: All vessels shall have an approved fire extinguisher as
prescribed by the U.S. Coast Guard. The fire extinguisher shall be in good,
serviceable condition and readily accessible for immediate and effective use at
all times.
25) Smoking, flame-producing devices: No smoking, or flame-producing devices,
shall be permitted within fifty (50) feet of any fueling operation. The use of
charcoal burners, burning, or welding equipment is prohibited within fifty (50) feet
of any vessels, docks or piers.
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EXHIBIT A
MARINA RULES AND REGULATIONS
ADDITIONAL TERMS AND CONDITIONS OF PERMIT
26) Fueling: Vessels shall be fueled only at designated and approved marina service
stations, unless emergency circumstances dictate fueling at other locations within
a marina. Tank barges and fuel supply vessels or vehicles, are expressly
prohibited within marinas except when delivering fuel to marina service stations.
Vessels may be fueled only from approved fuel containers and dispensers.
Vessels must have all engines shut off while fueling. Only such persons as are
necessary to perform the fueling operations shall be on board any vessel being
filled with fuel. All safety precautions prescribed by the U.S. Coast Guard or
marina staff shall be observed while fueling.
27) Solicitation or advertising: Permittee may not solicit or advertise for any purpose
within County marinas, except as may be specifically authorized by the Director.
28) Proper docking, mooring: Permittees are solely responsible and liable for the
proper docking or mooring of their vessels and are required to maintain mooring,
docking, and anchoring lines in good condition, sufficiently strong and able to
secure their vessels at all times. Patron will be assessed emergency service fees
when marina staff is required to secure or service a vessel that could threaten
public safety.
29) Trailered vessel berths: Trailered vessel berths must remain free, clear and
unencumbered of all gear, equipment, tools and materials. Vessel equipment
and accessories remaining on site must be stowed within the vessel. Owners
and operators are solely responsible and liable for the proper parking, tie down of
trailered vessels.
30) Live-aboard: There shall be no live-aboards in any vessel berthed within
marinas, except at marinas designed and designated for live aboard use, or as
allowed for transient vessels.
31) Report of accident: A responsible representative of any vessel involved in an
accident, injury to a person, or damage to property, shall immediately report to
the marina manager or his representative, the time, place, cause and
circumstances of such accident, injury, or damage, and within 24 hours shall
submit such information in writing to the marina manager.
32) Marina security: The County does not provide security at the marinas and
assumes no responsibility or liability for the safety of persons or property using
the marina or the marina waters.
33) County emergency/corrective actions: The County may take emergency and
corrective actions, including but not limited to the following examples:
(a) Closing Marinas during a declared emergency for whatever period
specified by the Mayor or the Parks Department Director.
(b) To move or remove vessels or personal property within or from a marina or
marina waters.
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MARINA RULES AND REGULATIONS
ADDITIONAL TERMS AND CONDITIONS OF PERMIT
(c) To make emergency repairs to vessels to prevent either sinking in marina
waters or damaging marina facilities or other vessels.
(d) To store or dispose of vessels or other property.
The County shall have the right to file and hold a lien on vessels or other
personal property whenever a vessel owner has not reimbursed the County for
its expenses incurred in carrying out such emergency or corrective action. The
County does not assume responsibility, nor shall it be liable, for any damage or
loss as a result of taking such emergency or corrective action.
34) Security deposit: The security deposit will be returned, without interest, to the
owner upon the termination of the Permit only if the terms and conditions have
been faithfully performed to the satisfaction of the Department and no
outstanding charges or costs have been incurred. In the event the owner does
not perform, the Department may declare the deposit forfeited or apply it as
offset to any amounts owed by the Permittee to the County or for any damage or
loss incurred by the County by the breach of such terms and conditions by the
Permittee. The exercise of this option is without prejudice to the right of County
to institute action for debt or damages against the owner or to take any further
action against the owner or the vessel as may be provided by any law or these
terms and conditions for the enforcement of any rights of the County under the
Berth Permit or applicable law.
35) Internal move list: The marina will maintain an internal move list in order that
berthed vessels may be reassigned to other berths within the same marina, to
accommodate marina repairs, improvements, maintenance, construction,
emergencies, or special events. Re-assignments may also be made if a vessel's
size in relationship to the size of the assigned berth does not allow the maximum
or most efficient use of marina facilities or if a reassignment will in any other
manner facilitate maximum or more efficient public utilization of a marina.
36) Transient/temporary vessel assignment: A berth may be made available for
transient or temporary vessel assignment by the Department whenever the
primary vessel vacates its berth. Transient liveaboards will be allowed for a
maximum of five (5) consecutive days providing that the marina can
accommodate such a vessel under applicable marina rules and regulations
regarding environmental quality. This includes the use of the pump-out. All such
transient liveaboards will be governed by the individual marina's operating hours.
Transiency shall be cancellable upon notice by either party. Transient vessels
may be re-assigned to alternate berths at the discretion of the Marina Manager.
37) Dock boxes must conform to the following criteria:
Color: white or other color approved by Director
Size: no more than 54" in length
no more than 36' in height
no more than 30'. in width
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MARINA RULES AND REGULATIONS
ADDITIONAL TERMS AND CONDITIONS OF PERMIT
38)
The box will be constructed of fiberglass; the material and surfacing must be kept
in good condition and appearance. Any dock box which is found in unacceptable
condition may be removed, along with its contents, at the owner's expense, by
the Marina Manager, if the box is not satisfactorily repaired within ten days after
written notice is given to the vessel owner.
Vessels subject to this Permit and Permittee shall not be engaged in any
commercial activity, including, without limitation, bare-boat or crewed chartering
or the sale of fish, without the express written consent of the Department.
Vendor Policy: The implementation of the policy will be as follows:
39)
A. All vendors must submit the following information to the marina manager prior to
recei ving a vendor decal:
· Certificate of Insurance indemnifying Miami- Dade County against any losses
or property damage in the marina
· Valid Occupational License
· Valid Driver's License
B. The Marina Manager will make a copy of all documents and file under the
vendor's name.
C. The vendor decal will expire the month the occupational license \vill expire or one
year from insurance expiration whichever comes first.
D. A fee according to the fee schedule will be charged for a vendor decal, which will be
affixed to the vendor's vehicle.
E. This vendor decal will allow vendor access to all the marinas for work related
functions only.
F. The vendor must check in at the marina office whenever performing work related
duties and be approved by the manager to do the work.
G. A check-in and check-out log will be kept at each marina office.
H. Access keys to the marina gates will be issued only to those vendors that have a
vendor decal. In order to be issued a key the vendor must leave his/her driver's
license at the office and this will be returned once the key has been surrendered at the
office.
1. Any vendor violating any of the marina rules and regulations will be subjected to
having their privileges immediately terminated.
The hiring of mechanical, cleaning, refurbishing or any other personnel by the permittee
for services to be performed on the berthed boat is an arrangement separate and apart
from the County but subject to all marina rules and regulations. The marina permittee
and the employed service shall be liable for any damages occurring to pri\.ate or County
property. The C aunty sha]] not be liable in these matters whatsoever and ma~ direcI the
marina permittee 10 cease such \\c)rk if deemed in \jolatic1n ~!f the marina rules and
regulations
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EXHIBIT A
MARINA RULES AND REGULATIONS
ADDITIONAL TERMS AND CONDITIONS OF PERMIT
40) Insurance Policy: Boat owners will be required to provide a certificate of insurance which
indicates that insurance coverage has been obtained. Effective October I, 2007 if the
insurance certificate is not on file then the Berth Permit will be terminated. The policy is
as outlined below:
Boat owner's insurance, Yacht owner's insurance or stand alone protection and
Indemnity (P&I) insurance, with minimum Liability limits of $300,000 per occurrence.
Miami-Dade County must be ad additional insured with respect to Coverage.
The required insurance policies shall be in full force during all periods of time during
which the vessel is under a Miami-Dade County permit.
All insurance policies required above shall be companies authorized to do business under
the laws of the Sate of Florida, with the following qualifications: The company must be
rated no less than "Class V" as to financial strength, by the latest edition of Best's
Insurance guide, published by A. M. Best Company, Oldwick, New Jersey, or its
equivalent, subject to the approval of the County Risk Management Division.
OR
The Company must hold a valid Florida Certificate of Authority as shown in the latest
"List of Approved to Do Business in Florida," issued by the State of Florida Department
of Insurance and are members of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without
thirty (30) days written notice to the certificate holder.
The insurance policy includes all long term transients. A long term transient is a boat
that is in the marina 6 months or longer or is in the marina anytime between the months
of June 151 and November 30th.
41) Vessel Check-Out Procedure: Permittee departing a marina upon termination of
Agreement shall report to the Marina Manager's Office advising of date and time of
departure and shall satisfy all outstanding charges prior to leaving. Check-out time shall
be I :00 p.m. on date of termination.
42) Berth Permit Agreement and Assignment of Berths: The Berth Pennit Agreement shall be
signed in exactly the same manner as on the application and the right to continued use of
the berth and to rene\\al of the Permit shall be contingent upon o\\.nership exactly as on
the Application.
43) Commercial Berth Permits are subject to the following rules
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EXHIBIT A
MARINA RULES AND REGULATIONS
ADDITIONAL TERMS AND CONDITIONS OF PERMIT
RULE 1 - APPLICATION
No commercial vessel or activity shall be permitted to berth or operate at a
County marina or transport passengers or provide services for
compensation until an appropriate Commercial Berth Permit has been
properly issued by the County_
RULE 2 - COMPLIANCE WITH RULES AND REGULATIONS
Commercial Permittees shall be responsible for the conduct of their
operations and of their employees, servants, agents, contractors, service
personnel, patrons and guests, all of whom shall comply with these Rules
and Regulations and all other laws applicable to their activities within the
marina.
RULE 3 - RIGHTS OF THE PUBLIC
No commercial operation shall interfere with the public's use of the marina
area or infringe upon the normal method of operation of any other persons
who are authorized to conduct business within the marina. Any order of the
Director evaluating and limiting activities which may infringe upon the rights
of others will be accepted as final.
RULE 4 - LICENSE REQUIREI\'lENTS
All commercial vessel operators must be licensed by the Coast Guard and
in all cases shall comply with all U.S. Coast Guard Rules and Regulations.
RULE 5 - MAXIMUM PASSENGERS
A commercial vessel is not permitted to carry more passengers than
approved by its U.S. Coast Guard License.
RULE 6 - PERMITTEE'S EMPLOYEES
Permittee's employees in contact with the public shall perform their duties in
an efficient and courteous manner_ Failure of an employee to do so shall be
grounds for the Department to demand his or her removal from duty. All
employees shall be distinctively uniformed or appropriately attired so as to
be distinguishable as the Permittee's employees.
RULE 7 - APPLICATION FOR COMMERCIAL BERTH PERMIT
Application for commercial Berth Permit will be granted or denied by the
Department primarily on the criteria of availability of commercial berth
facilities, size of berth space required and compatibility of the proposed
commercial operation with the purpose and operation of the marina.
Applications for Commercial Berth Permits shall be made to the Department
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EXHIBIT A
MARINA RULES AND REGULATIONS
ADDITIONAL TERMS AND CONDITIONS OF PERMIT
by the applicant in person and will be stamped and logged with the date of
application. Applicants shall not be required to actually own a vessel at the
time of application. A non-refundable filing fee is required at the time of
application. The applicant shall receive a receipt for this sum and a
stamped copy of the application. Seniority on waiting lists is established by
the type of vessel and lineal precedence in accordance with the date
stamped onto each application. The Department reserves the right to reject
and remove from the waiting list any applicant.
No application, or permit issued pursuant thereto, may be assigned or
transferred. Any application, or permit issued pursuant thereto, may state or
require such additional terms, condition, provisions, information or
limitations as the Director may deem necessary or proper in the public
interest.
RULE 8 - ASSIGNMENT OF COMMERCIAL BERTHS
When a commercial berth becomes available, the senior applicant on the
appropriate list will be formally notified by certified mail forwarded to his
address as recorded on the Application. It is the sole responsibility of the
applicant to ensure that the address and all other information on the
application is current and correct. If the applicant so wishes he may waive
his right to the space and the next senior applicant on the waiting list will be
notified. If an applicant waives his right to a berthing space he may still
retain his position on the waiting list.
If any applicant does not own a vessel at the time of notification of berth
availability, he shall be requested to come to the Department to partially
complete his Commercial Berth Permit, leaving that portion of the Permit
blank which furnishes details of the description of the vessel. The applicant
must pay full permit fees, including the security deposit on the assigned
berth during the period the berth is not occupied by his vessel. The vacant
berth is subject to use by the County for transient berthing until the
applicant's vessel is berthed. Notice of intent to berth shall be provided to
the Marina Manager by the applicant at least seven days prior to berthing.
Upon receipt of notification that commercial berth space is available, and
prior to issuing the Marina Berth Permit, the applicant will be allowed a
maximum of ten (10) County business days to submit the following
information to the Department:
1. A certificate of insurance which indicates that insurance coverage has been
obtained as outlined below:
A. Protection and Indemnity Insurance including coverage for crew, in an
amount not less than $300,000 covering Personal Injury and Property
Damage. Miami-Dade County must be shown as an additional insured
with respect to this coverage
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EXHIBIT A
MARINA RULES AND REGULATIONS
ADDITIONAL TERMS AND CONDITIONS OF PERMIT
All insurance policies required above shall be issued by companies
authorized to do business under the laws of the State of Florida, with the
following qualifications:
The company must be rated no less than "Class V" as to financial
strength, by the latest edition of Best's Insurance Guide, published by
A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to
the approval of the County Risk Management Division.
- or -
The Company must hold a valid Florida Certificate of Authority as
shown in the latest "List of Approved to Do Business in Florida", issued
by the State of Florida Department of Insurance and are members of
the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be
made without thirty (30) days written advance notice to the certificate holder.
2. Title or documentary proof of applicant's ownership of the vessel to be
berthed, including a current "Florida Vessel Registration Certificate" or Bill of
Sale, pending registration of new vessel.
3. A U.S. Coast Guard Certificate, issued within the last month, for the vessel
to be berthed.
4. A copy of a current Miami-Dade County Business Occupational License.
5. A valid and current Captain's License issued by the U.S. Coast Guard.
6. A color photograph of the vessel with information regarding the physical
characteristics of the vessel sufficient to easily identify the vessel.
7. A schedule of fees to be charged to the public, which schedule may not
change without the approval of the Department.
8. A statement of any police record for the captain(s), and all of the mates,
from the Miami-Dade Police Department.
RULE 9 - COMMERCIAL VESSEL INSPECTIONS
(a) Inspection: All commercial vessels operating from a marina under a
Commercial Berth Permit must have been inspected and approved by the
US. Coast Guard not more than one year prior to the issuance of such
commercial permits, and any renewals or extensions thereof. The Director
may also request at any time an inspection made by a qualified marine
inspector to determine the general safety and seaworthiness of a
commercial vessel.
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MARINA RULES AND REGULATIONS
ADDITIONAL TERMS AND CONDITIONS OF PERMIT
(b) Certificate of inspection: All vessels under U.S. Coast Guard jurisdiction
must conspicuously display a current and valid certificate of U.S. Coast
Guard inspection. Any subsequent deficiencies in or violations by such
vessels will be reported to the U.S. Coast Guard and the Director. The
Director may request that commercial operations cease until the
deficiencies or violations have been corrected and such corrections have
been approved by the U.S. Coast Guard.
RULE 10 - PHYSICAL ALTERATION TO COMMERCIAL VESSELS
Any major physical alteration to a commercial vessel will require notification
to the Marina Manager and appropriate reinspection prior to berthing in a
marina. .
RULE 11 - SUBSTITUTION OF COMMERCIAL VESSEL
A permittee may not put a substitute vessel in his assigned berth without
permission of the Marina Manager. The substitute vessel must be owned
by the permittee, and must be used for the exclusive commercial purpose
stated in the Commercial Berth Permit. The substitute vessel will be subject
to all terms and conditions of the Commercial Berth Permit.
RULE 12 - LEAKING VESSEL
Any commercial vessel experiencing leakage, as determined by the Marina
Manager, must be removed from its berth and show proof of re-inspection
by the U.S. Coast Guard prior to re-berthing. It is agreed that an owner or
operator is responsible for the pumping out of his vessel, as necessary;
however, should an emergency develop whereby the Marina uses
equipment and manpower to pump out a vessel, an emergency service fee
will be assessed.
RULE 13 - PERMITTEE OPERATIONS
No operations shall be conducted other than those specified in the
Commercial Berth Permit, unless specifically approved in writing by the
Director.
RULE 14 - SIGNS
Every holder of a Commercial Berth Permit shall display, in a conspicuous
place, a sign which shall give the name of the vessel, owner, and principal
operator thereof, and the total charges per trip, half-day, or other period,
stating the price and the tax. This sign shall be of design and size
acceptable to the Director. On vessels making stopovers where attractions
are offered or fees are collected the amount of admission to the attraction
shall also be prominently displayed on such sign in the event such charge is
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EXHIBIT A
MARINA RULES AND REGULATIONS
ADDITIONAL TERMS AND CONDITIONS OF PERMIT
not included in the boat ticket fare. No other sign shall be displayed on or
about the vessel, unless previously approved in writing by the Director.
RULE 15 - DESIGNATED PRINCIPAL OPERATOR
Each commercial vessel or activity shall have a designated principal
operator, whose name shall be furnished to the marina staff and kept
current by the owner of such vessel or activity.
RULE 16 - REQUIRED MATE
Operators of commercial vessels are not permitted to leave with passengers
unless at least one mate is aboard and able to assist.
RULE 17 - SOLICITING
All signs, pamphlets, advertisements, and other forms of solicitation must be
approved in writing by the Director before exhibit or circulation at a marina.
RULE 18 - FALSE OR MISLEADING ADVERTISING
No person operating or representing a commercial vessel within a County
marina shall be allowed to disseminate by any manner or means
whatsoever, information as to the vessel or its operations which is untrue or
misleading; or to fail to disclose all pertinent information concerning the
vessel, its services or operations.
RULE 19 - TICKET BOOTHS
Passenger tickets sold in marinas shall be sold only at established booths or
at the vessels. No operator may have more booths than vessels operating.
It shall be the duty of the operator to keep such booths and all adjacent
areas clean and free of all debris, obstacles, etc. No booth may be moved
or relocated without the permission of the Marina Manager.
RULE 20 - LANDING FEES
Any vessel which embarks passengers at a County Marina, for purpose of
providing a service for which a fee is paid, will be subject to a landing fee,
as approved by the County Manager.
RULE 21 - SUPPLIES TO OPERATIONS
In the interest of maximizing waterfront space and improving marina
aesthetics, commercial operators may be required by the Director to
purchase supplies from a bulk supplier rather than store excessive supplies
at dock site. Examples of such supplies Include ice. bait. etc.
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ADDITIONAL TERMS AND CONDITIONS OF PERMIT
RULE 22 - FISH HANDLING
Upon return of fishing vessels to the marina, the operators of such vessels
may display and dress fish as a service to patrons. These services shall be
conducted in a manner determined to be suitable by the Marina staff.
RULE 23 - SALE OF FISH
The sale of fish directly from commercial vessels or the marina is not
allowed without written Department approval. It shall be unlawful under any
circumstances to dispose of fish by dumping whole fish into the waters of
the marina. It shall be unlawful under any circumstances to dispose of said
fish into the waters of the marina. Containers are provided and must be
used.
RULE 24 - SALE OF FOOD AND BEVERAGES
Food and beverages shall not be sold or served aboard a commercial
vessel while within a marina except by those vessels that have been
specifically approved in writing by the Director.
RULE 25- RATE APPROVAL
All rates and charges by commercial vessels must have the prior approval
of the Director and cannot be changed without the approval from the
Director. These approved rates must be posted in a prominent place.
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TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5 107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
RoslYD BraiD, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Anomey
Jane A. Hines, City Clerk
MEMORANDUM
The Honorable City Commiss~n ~
A. John Szerlag, City Manager ~
November 15, 2007
Lease Agreement with Sir Winston Luxury Yacht Charters
Attached is a lease agreement to provide for the operation of excursions and cruises from Bella
Vista Bay Park with Sir Winston Luxury Yacht Charters. The scope of operation will be limited
to entertainment cruises, food and beverage sales and sale of private charters for such cruises on
the excursion vessel known as "Sir Winston". Approval of this agreement is recommended.
AJS/iw
Attached
cc: Hans Ottinot, City Attorney
Susan Simpson, Cultural & Human Services Director
Jorge L. Vera, Assistant City Manager, Service Division
Rick Conner, Engineer and Public Works Director
Agenda Item
Commission - ^/,'fcemcnt Sir Winston Luxury Yacht Charters Memo
Date
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City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry GoodlT1on
Commissioner
Danny Iglesias
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
November 19, 2007
Winston L. Knauss
1800 N.E. 114 Street
Miami, FL 33181
Re: Approval of Agreement for Excursion Vessel Operations
Dear Mr. Knauss:
At its regular meeting of November 15, 2007, the City Commission adopted Resolution
2007-1174, which approved an agreement with Sir Winston Luxury Yacht Charter for
dock space at Bell Vista Bay Park. Attached is a copy of the approving legislation for
your files.
Very truly yours,
dJG~~
Priscilla Walker, CMC
Deputy City Clerk
Attachments
cc: Anice Paul, Administrative Assistant to Finance Department
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
Sir Winston Agrmt Trans Ltr