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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:' , . ~.~ ' ,. .- ' . ;;' ',I. ~,. . Jane A. Hines, CMC, City Clerk Moved by: ~6~Goo~m~ 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. 3 ./. .~ /~. 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 ,. -) 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 . ") 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 ?J~..r7tr~ ~~..L Tr~ '::::. /J'OtJ N~ //f'J'T tT7/.#"7/R";>~ Print Name and Address ./ Print Name Susan 3tmp~ Print Name: WIOo1 _ ~~ 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. ~tJ'y PII,,_ J>,.jJ~ ;~i ~ Oft\.O ""'" p,". sj"i, Of il""l Pri~ci"a Ti'ler Walker My Commiss:ion 00548519 Expires 07/24//.0'10 - --==......-== ~~-:-~li~ State of Florida ~s.ct (\q ~ler- U)'\.{~ Print, Type or Stimp Name of Notary Public CITY OF SUNNY ISLES BEACH, FLORIDA APPROVED AS TO F RM AND LEGAL SUFFICIENCY A~?-t'. ...'.. - . 'I ~ ~.~. ..,.'" ,~c:. . . ,^ . , "7Strt.Jt. A. ~"^/f.S;~C~'C.\T\( CI..i..RK .\ 6 ! Miami-Dade Park and Recreation Marina Division Manual z,t:;TD 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. L .'\ TT()R:'\EY CC'l1trdcl\jmjllj~lralic)ll :()(17_:nng \larim P(TIl1!t Ck'l'-]- ATTACHMENT "A" " , i Miami-Dade Park and Recreation 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. l : ..\ TTO R:'< Eye ('IllUle I'd 11' i;1 jet 1'31 i (, 11 = 11(1- - = C!I!~ \ let ,'j 11 ~I Pc rill i t JO(' _ =_ ~rr:) ~ 'I ''', ~J \~ ~-/ : Miami-Dade Park and Recreation Marina Division Manual tI!.c~~! :.;i;~G;; 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. 1': ..\ TrOR\T Y C(\Jlli'Jl'i.\dmini'1!~1ti('!l ~ -_=nrl~ \1:1!i!1c: P',Tliii d,\c-;- fl ~.~ , , . , Miami-Dade Park and Recreation Marina ~ivision Manual t1l~MI \;':"'::.dl.: 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. \. A TTOR'\EY CC;iltJ3ct\dll1ini~tr(njc'il :nli7-:(i(lR '\ lar!;:] PC'Jmi1 J,'("--I- (() ~J r" '. I ! Miami-Dade Park and Recreation Marina Division Manual ~;I~'S,I!>> "'~''':'''''~ . 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. \ ..~ TTOR\'EY Cl'I1\I"3ct\dmi!1i'lr3tinJl = ~-=nos \l:1rina !\:'!'mit.d\,c-~- (\ .'/ li() .' Miami-Dade Park and Recreation Marina Division Manual ~~~~. ~:.,:,'...i~ EXHIBIT A 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 ..\ TrCW\TY Cll!l!ract\dll:jnj,-lr:liic~I1 ,=(J(:--: \ '1 ~ r i jj~! Per! r: i t d ~ "1 (, - 0 - f'J to '\ Manna Division Manual ~:sili ; Miami-Dade Park and Recreation EXHIBIT A 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 to .\ TTOR\TY C)ntr~ict -'\ch;;:is;r::lli~'!i ~ ~ \"L:riilJ i\.:1"!l~il.dlJC-7- ~J ,0" /I '.j ,I !/, '. / Miami-Dade Park and Recreation Marina Division Manual 9!'~~:~ 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 l : A TTOR\TY C('iitr3cl\dmiii5lrdtiun :(1(1--:(1(18 '\lariJi~l PC!"1li;l.du(-K- ') , .' \ \ / ; Miami-Dade Park and Recreation MIAMI. Marina Division Manual ;:~T.= 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 t':\TTOR\-EY C'c,nlract-\d!1!!ni'tralic1!1 :::1l(i":-.:::n(iS \1c:J';nJ Pe-,.mitd(lC-O- r') .~; ;/1 .., M!AMI. Marina Division Manual~:'.'~i . Miami-Dade Park and Recreation 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 LA TTOR\TY C,'ntracl Adl"illj5lr~lt;\I!l:' --:'! \Li!ji;~: PlT':;;t '!('~_] (!_ ') ~ .-/ -'\ " / MIAMI.a Marina DivIsion Manual ';7:j~: . . Miami-Dade Park and Recreation 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. l": :.\ T--I"OR\:l~ ')" (~ll;jlr~l\..'l .-\dn!i;li.~lr~niL-:n = ~ '"' \'lari]jJ P~r!~li~ Jl-;(.'-ll- ."') :-) ,;' '\ . Miami-Dade Park and Recreation Marina DIvIsion Manual EXHIBIT A 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 L :\. TTOR'\EY C llIl1rall\dminisl!3tii!n ~ - -.::r!(iS \ laril!J Pt'rmil.ck,c-]:. r, /j) MIAMI'~ Marina Division Manual 'Z!"lej , Miami-Dade Park and Recreation 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. l": .\ TTCl R \' Eye U1'ilrdl'l\l1m j 11 j Slrdl j l\Jl :- \L1I'll1c: PermjtJo~.- i:- " j " '. , : Miami-Dade Park and Recreation Marina Division Manual ~~~".,a ,~ :: '. :f). EXHIBIT A MARINA RULES AND REGULATIONS 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. L :~ lTClR.\TY Cl'n1r~ICl\J;lljll:qrcl1j\'11 = ~.., S \1-:r;]1" Pcrmil.,-h,('-: J_ r') (1) /? , ./ .", (/ '-'- / 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 I C<ri 'l>.~':) i!!ll MIA\v1l i~ 1\ Bay jii ~i924lP ~_ ?)a-~1J~ ST:.(?t~_~L~~~t)lj~~~,l~;:.:!::"~:~::~.~ Harbor ;;r/ {klfi'U!".!1 ('III i~:: ~~- I --'~'- . BLVD :ill'ii _ r 11 / \~i/ Islands 1.: Bill Harbor ~ " Opa, Loella ,Ill ml ,,:w922 0' BRa " x ~_ln I $rO I ~" , ii ':::::r-'~<;~""';/:".;:::=:::>C"_~l?__ .?TI\ UJ)d:. >! ~j ,~~ -4 -1\'924) 119_=m.\,)m._~.!-!-., l' !tBlscayne-.--, HI! (8261 <l:i (,fl,M" ~ o~ ~ -:> ,,___'I >I.';'l 1 I Park ...~..;.: Surfside '!~~'" \mj" ~'~ > ~I <(, m <1, '11, I Indian. <.ST '"la, 49.....i <( I ST ! /931 d _103 _ _ l "'~~~\ I : . Creel! :i ~..." -<T { ~, -~~L} ;,- 95 :> mDJ!~~~Mlaml >1\ N dl;Y':~i>o ~1,. <: ~! ~'iU~! ""'iI.lDL~1 :,Shores \~~:;;,Y t ...Jm I ;:'i ..: ~i ;i 5T t rdI.JjIJ~~~11T.NJ~AY__<::_S~_t~?3/DR';i ~~ 'j,~ ," "~u : @i-jL0'r~iB~,iSi-"--'~~i"h Bay ()ii' 1_ ST1ilj M' . ~?;;,>O'...;~.-.;~J.~:t~-'-'~'~.-i.IQ9-4"4---.-!.~":.r-i.r~ -i~l~S;TI~. ~ 1 Bi"'''n~ age ~~ ~!! ~..".'~'-i'" rglnla ~I laml >.:;,:--,T.---j,.--..----.-..ilZ:'rj'."'..'--:' 'I - ~ Bar // 0/1 ~ . lrdens ~, S .~,; I r~ '! I ,I Iii u~ .",:,,- j_ST~ j~ ~~np6~. S"~:~.-?~--~.~~-,~~.~;I .1 !.~~~~../~l I'l' _!'~~c'u.ujf;;.~"if 27 r, f'TcsWY-~) i! SIR Ii! ~, ,,,.,,,, : "::'.' .. if ~ , _ i i !t (gQiI.'1 WINSTON 1._, !Nl;:RI)qIOlj~' fi; ",~I .l'., , . ->1 i I' ~ .' .? ~i-'''i:~'en:... ~--Tf~l';:'!i::'o.~i-~ i-l\:~~~,pg~~5~'c!€~~;yo \",,""#l~T""-~ o[~~.,;;l." ,'::....i\C.""JCi':,'::,,"'~i 1,\,1,\1 I "~~'~.AGl'B_, ... :L~L__+S,.[I/~j;:L V\~:>'\:~"~~~j~~-5?M I A M I BE A C H ~=c:,~cy=;.+';;~~:~.r:~',~~:~1~:1GD[i',L:+,Fl~:>'-t MiAMI ~_ We are docked across the street from the Fontainebleau Resort and Hotel located at 4441 Collins Avenue in Miami Beach, Florida, ''\i's'n O!7l SS 1:1 'ljOOS8 IWOIll\! snus^,v' SUlllo:) l !7!7!7 1ht9J?tm1j!!tJ -J1F/ifl ~Jf/JJ27Z NOlSNIA\ illS <;(<; r # llltuJd ul:1 'lf01Rll R'Og G1Vd J~R1SOd .s.n pmpUR1S pJJJOSJ1d WELCOME ABOARD THE 'F' ",~:a~;~, ~chl ~a/}cte}(j. '~{ .~;i( ..... fr.'" ...1"'\ .~ .""r. q eM?:~L ~11,' ij i"\~t)y,, i'~~';"} .-~ ~,., "~ , ,1. ,l -s~~J ,t'- ,'.:k::~. ,,;- :Jt...:.~ ~ Captain Diane. GENERAL MANAGER. CRUISE DIRECTOR. WEBMASTER . OJ V\TV\TVV. sirvvinstonluxuryyacht. com 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