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Home My WebLink AboutR-01-0879J-01-757 3/30/01 RESOLUTION NO 01— A 1— A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO USE AGREEMENT BETWEEN BAYFRONT PARK MANAGEMENT TRUST AND BAYFRONT VENTURES, IN SUBSTANTIALLY THE ATTACHED FORM, TO CLARIFY PROVISIONS RELATTNG TO CHARITABLE CRUISES AND PROVIDE FOR FUELING AT THE FACILITY LOCATED AT THE MILDR.ED AND CLAUDE PEPPER BAYFRONT PARK. WHEREAS, the Bayfront Park Management Trust ("Trust") has managed the Mildred and Claude Pepper Bayfront Park ("Bayfront Park") with the goal of ensuring maximum community involvement; and WHEREAS, the Trust and Concorde Cruises, :Inc., a South Dakota Corporation d/b/a Bayfront Ventures, formerly known as Rayf.ronL Ventures, a Florida Limited Partnership (User.), entered into a Use Agreement dated June 25, 2.99'7 (Agreement), for the operation of a casino gaming vessel at Bayfront Park, as amended on September 26, 1997; and WHEREAS, the parties now wish to amend the Agreement to clarify provisions relating to charitable cruises and to provide for fueling at the facility located at Bayfront Park; and CITY COKMISSION MEETING OF sr, ! 'n9i Ruavlutiun Na • WHEREAS, the Trust approved Amendment- No. 2 to Use Agreement between the Trust and the User, in substantially the attached form, on March 21, 2000; and WHEREAS, the Executive Director of the Trust .recommends approval of the Amendment No. 2 to the Agreement; NOW, TIIER.EFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' -1 to execute Amendment No. 2 to Use Agreement Between Bayfront Park Management Trust and Bayfront Ventures, in substantially the attached form, to clarify provisions relating to charitable cruises and to provide for fueling at the facility located at: Bayfront Park. Section 3. This Resolution shall become effective The herein authorization is further subject to compliance with all requirements that. may be imposed by t1le City Actoniey, including but not limited co 'Lliose prescribed by applicable City Charter and code pruvi s i ons . • s immediately UPOTI its adoption and si.griati-n-c- of the Mayor.' PASSED AND ADOPTED this 13th day of September. 1 2001. JOE CAROLLO, MAYOR C-1:ccii'vs VAI , Sciillc, without Ih,) jvj,-Y� ATTEST: WALTER J. FOEMAN CITY CLERK APPRO �r.��' TO =(ORM AND CORRECTNESS: z 1--' ILARELLO EY 4 Clerk If. the Mayor- does riot sign this Resolution, it ,hall become effective at tho end of ".en calendar days from zho date iu was palaf3ed and adopted. If the mayor vetoes L.his resolution, it shall nor. be effective unless the City Commission overrides the veto. Page of 3 U1 - 8 9 AMENDMENT NO. 2 TO USE AGREEMENT BETWEEN BAYFRONT PARK MANAGEMENT TRUST AND BAYFRONT VENTURES This Amendment No. 2 (the or this "Amendment No. 2') is entered into this day of , 2001, by and between the City of Miami, a municipal corporation of the State of Florida (the "City") and Bayfront Park Management Trust, a limited agency and instrumentality of the City of Miami having an office at 301 North Biscayne Boulevard, Miami, Florida 33132 (the "Trust"), and Concorde Cruises, Inc., a South Dakota Corporation d/b/a Bayfront Ventures, formerly known as Bayfront Ventures, a limited partnership ("User") for the purpose of amending Section Ten (10) and Section Eighteen (18) of that certain agreement between the parties hereto dated June 25, 1997 (the "Use Agreement"), pursuant to Section 36 thereof, in order to clarify certain provisions relating to Charitable Cruises and to permit fueling at the Facility subject to certain conditions. RECITALS: WHEREAS, on June 25, 1997, the Trust and User executed a Use Agreement which received approvals by the Miami City Commission, the U.S. Army Corps of Engineers and the Oversight Committee established by the Governor of the State of Florida (the "Use Agreement"); and WHEREAS, Section 10, Charitable Cruises, of the Use Agreement states that the User shall provide the Trust with four Charitable Sails and two Community Sails each Contract Year, and an amendment to the Use Agreement executed between the parties on September 26, 1997 (the "Amendment to Use Agreement'), states that the User shall provide the Trust with a special Community Sail each Contract Year (hereinafter called the "Special Community Sail") (the Charitable Sails, Community Sails and Special Community Sail are collectively referred to as "Charitable Cruises"); and WHEREAS, no Charitable Cruises have been utilized as of the date of this Amendment No. 2 and the parties agree that the Use Agreement should be amended as hereinafter set forth with regard to their use; and WHEREAS, Section 18 of the Use Agreement prohibits the fueling of the vessel at the Facility; and 01- 87 WHEREAS, in March, 2000, at the request of the User, the Trust approved a motion to allow the fueling of the vessel at the Facility under limited circumstances, namely, a) that fueling may only occur from the land side of the Facility, and only between the hours of midnight and 6 a.m., and b) that the User obtain and provide copies to the City and to the Trust of all insurance, environmental protections, required permits and licenses and other assurances that may be required by the City; and WHEREAS, the parties agree that the Use Agreement should be amended to permit the refueling of the vessel at the Facility in accordance with the Trust. decision. NOW, THEREFORE, in consideration of the foregoing and of the mutual agreements and covenants of the parties as set forth in this Amendment No. 2, the City, the Trust, and the User agree as follows: 1. RECITALS: The Recitals are true and correct and are hereby incorporated and made a part of this Amendment No. 2. 2. SECTION 10. Charitable Cruises subsection (a) of the Use Agreement is amended by the addition of the following language at the end of the existing paragraph (a): There shall be no carryover Charitable Sails. 3. SECTION 10. Charitable Cruises subsection (b) of the Use Agreement is amended by the addition of the following language at the end of the existing paragraph (b), notwithstanding any provisions to the contrary: Three Community Sails from the Contract Year October 1, 1998 to September 30, 1999, and two Community Sails from the Contract Year October 1, 1999 to September 30, 2000 shall be available for use by the Trust until September 30, 2001. There shall be no required notification period for use of the Community Sails relating to Contract Years October, 1998 to September 30, 1999, and October 1, 1999 to September 30, 2000. All carryover Community Sails from the Contract Years October 1, 1998 to September 30, 1999 and October 1, 1999 to September 30, 2000 shall be used by September 30, 2001. Commencing with Contract Year October 1, 2000 to September 30, 2001 and continuing throughout the term of the Use Agreement, including any extensions, thereto, any unused Community Sails at the end of each Contract Year shall be carried over for one year only, to the end of the next Contract Year. After September 30, 2001, at no time shall there be more than four Community Sails available to the Trust in any one Contract Year. GMM/AV"menW9rT gam vess Dec 12 page 2 of 5 r1 E • 3. SECTION 10. Charitable Cruises, subsection M is amended in its entirety to read as follows: (h) "Special Community Sail" User shall provide the Trust with one special community sail each year (the "Special Community Sail") for the benefit of the Trust or of any charity designated by the Trust. This Special Community Sail shall be separate from and in addition to the two Community Sails described in paragraph 10(b) of the Use Agreement. User shall provide the entertainment, food and beverage for such Special Community Sail at User's expense and shall donate the proceeds of said sail to the Trust or any charity designated by the Trust. The term "Proceeds," for the purpose of this section 10 (h), shall be defined to mean, "Any revenue generated in connection with the Special Community Sail, less sales tax, except for revenues generated by gaming activities and gift shop sales." Any unused Special Community Sails at the end of each Contract Year shall be carried over automatically, on a cumulative basis, to the next Contract Year throughout the term of the Use Agreement, including any extensions thereto." The former subsection (h), as set forth in the Amendment to Use Agreement, shall be deleted in its entirety. 4. SECTION 18. Limitation of Activities at Facility, is amended in its entirety to read as follows: "No painting of the vessel or heavy maintenance shall occur at the Facility. Fueling at the Facility may occur only from the land side of the Facility and only between the hours of midnight and 5 a.m. and only by the transfer of fuel in an environmentally sensitive manner, using best management practices, from a properly licensed, permitted, inspected and insured fuel transfer vehicle located on the land side of the Facility, and, further, subject to the following conditions: (a) User shall comply with all Federal, State, County and local statutes, laws, rules and regulations pertaining to such fueling activity, including, without limitation, any Hazardous Materials Laws relating to industrial hygiene, environmental protection or the use, storage, disposal or transportation of any flammable explosives, toxic substances or other hazardous, contaminated or polluting materials, substances or wastes and shall require the fuel transfer vehicle to obtain all required permits and licenses, submit to all required inspections, and comply with all Federal, State, County and Iocal statutes, laws, rules and regulations pertaining to such fueling activity, including, without limitation, any Hazardous Materials Laws relating to industrial hygiene, environmental protection or the use, storage, disposal or transportation of any flammable explosives, toxic substances or other hazardous, contaminated or polluting materials, substances or wastes; (b) Prior to the commencement of fueling activities at the Facility, User shall submit to the City, for the written approval of the City of Miami's Risk Management Administrator, the following insurance policies which the User shall require the fuelo transfer vehicle to obtain: Comprehensive General Liability insurance policy, with carriers of recognized standing, with limits of liability of at least One Million Dollars ($1,000,000); Environmental Impairment Policy with limits of liability of at least One Million Dollars ($1,000,000); Worker's Compensation statutory coverage. All GMM/Agreemenu/BPTgwn vess Dee 12 Page 3 of 5 liability policies shall name the City of Miami, the Trust and the U.S. Army Corps of Engineers as "Additional Insureds" and shall provide for thirty days' notice to said "Additional Insureds" in the event of cancellation, modification by change in coverage, or non -renewal. All such insurance must be primary and be required to respond to and pay claims prior to any other available coverage; (c) User shall indemnify, protect, defend and hold harmless the Trust, its Board members, and the City, its officials and its employees, from and against any and all claims, suits, actions, damages or causes of action of whatever nature arising out of the refueling activity; (d) No fueling shall occur from the waterside of the Facility; (e) User shall obtain and provide copies to the City and to the Trust of all insurance, environmental protections, required permits and licenses and other assurances that may be required by the City of Miami." 6. Except as specifically provided herein, all of the terms and provisions of the Use Agreement and the Amendment to Use Agreement shall remain in effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed by their respective officials thereunto duly authorized, as of the day and year first above written. Attest: Walter J. Foeman, City Clerk Witnesses: 6rii ed Name: 4SE' e Printed Name: The City of Miami �� Carlos A. Gimenez, City Manager i GMM/Agreemen"PT gam vas Dec 12 Page 4 of 5 01— 879 • • Concorde Cruises, Inc., a South Dakota Corporation d/b/a Bayfront Ventures By: Prin ed Name:��✓��✓ o,«sS Print N meR/1y �'►��ri Printed itte: /Ifs �O�'�'T" Priv d Na1ne: APPROVED AS ty Attorney GMM/AgreemenWI)PT gam vers Dec 12 Or- 4P-04v0.0jk'3 ,a Nw APPROVED AS TO INSURANCE REQUREMENTS: By:� i n` Mario E. oldevilla, Administrato Risk Management Page 5 of 5 WrLrN =1 r%VV ICT AVE., SLIT: 200 MIAMI, FL 73172 PQR- CONSOLICti'ED.INC 1155C N1•: ;,6TH AVENGE 1:1!A6Ar,j:L 33157 30S•S91.0o90,inNiiAsrnuc�r!oioNTlQcsiiaicATisaLlrin.i'Raf:[R:vcci�Tc DOtr rOTAMQX% RX"IM ORALISRTO COt1AAGI ARYORDID IVTKI CO.%tr.1NtES.4PF0RD1Ni; CIIN-ER:ArE C0.IQANY A Fireman'[ Furca mst.rimu Co. 3.2c,01 ffiS CS TO CiR^111YTEnTTHJ toLICa6 0► @/34RANCI LTSRL D[LJtt' QAVL acct 119FED To IIM 2rS4uD :IAmD ADOts JORTIM toucl't[RJor RDICATCD,NOTttT7JT.t.%W-ra%TR9QCiRl3dWr.asd4aRCOavmO�o/.1XvcoN TRACT OROMRDOCU.%WNTw:s![.ffnrTTO%MCI MS IKlUX'AIt HAl' it *,vm3 3 UM HAY rtkmY. Tuz LYSCI1 ma AtroutD RY TSi IULICXS ULSCRE11 0 IMILLN U SnJIC. TO ALL THE rISMS. ::CLCrIO�'S A.�'r :D.+rDrROY! 0/ ;['C$lOL1CDCS. LL1LfrS fHOWN.y,AT 8.1Vt a/t:f liJD4r2D i1'}ALD CLAIMS. 0 Tf>t[ of r4rAAULs R1 }OUCY.W.M [R }OLICY RIJ. AT[ 1>1kDD.M1 lOtlCY iq. PATI r WM Lr:1l: LIMUS G ."RAL LJAIIISTY r Gil•TRAL AGGUGATZ r }ROD.COM!•O! AGr- Y co.wc rd.miLu 11AIMITY CLANU .%L1bt 3arcra 1 .r ! 1W,•;- �QC77..S13 j I:OIr01 1'Of:02 Ina. a.ADv. D(JCR2' ott'�LR'S A r:UNTRACT'S fRU':' [ACROrr•CRWC[ lcopcoo 1119 DAA( rha in onn r M0 !4[IO!1A&!4r 5000 AUTOMOVZU LIAIILny ' COMOlLYLO SLYGLR + x A.YYAGTO NIZCIEC777913 1'01;01 110102 LrRT 1039.9.00 iorQ.YWxIllr A!.L rJ%nu Am$ ' SCEIDLuDArTus + Rorprwmi ;( WMIM ArTOS � ! tULQ.YLYJLIl1' t NON4tWLD .cTof + (lu rarrfirq • N�CS•5C tR0}LRTI'DAM.IGI � ""Gt "mm + ACTO ONLY•146 ACCI DSOT -L" Aero onsa TLSAN ALTO any. TACH ACMINT AGr.UGATI tYCI59 LLAilr.rrY tACR OCCDRR[NCI sooxoo + X tfaft[LLASOL M XYZ807728'3 1:01.01 1101-102 AGGISGATIt 50009.00 oTi it WAX 1143RLLLA 18104 . A.IP 7-7-: :'::1:01 SACIE ACCMUT 100000TIESPlop: 1:0 1io I 1.01;02 N.31 1L1LLisIZTaAr X CICt PARIb }AR1aCCTRs Li[A1&1OL1CVLC4LT 9.00000 OttLC[u ARIr LCCL DLS[A1I•:ACR AML Maur, o['�R 41CUMON 01 n}tRAaoxUi ocAnOcra•v[mcufrR[u u• cIs?1! BROAD$M1180 POLLUTION ENCORSQMENT INCLUDED :IMIT 11,000,000 DAYFRONT VENTURES,UX. ARMY CORP.OF ENCINEERS,3AYFRONT PARK MANAOENEPIT TRUST AND TF+E CITY OF MIAMI ARE ADDITIONAL, iNBURED A.T.I.M.A. :.( :/.•: •% 1:! •i.J•::�•. i%•:l • :':7:5 :•'rtiI/::•.•/:• :4:i .:�': •.L�4•f... •:•A} ::,4:: �.j;: S �':Sv . {•:��-.dr.}:r :Yti r'•. .:�. :�H.v.::1 :5.�{:� .•f •.::1 .y..•.-.•.•.:::::::: ��:{%: %•:: i�.:� ::°�:•}' .:. :::.:::r:'•:: SSOUI.D An Of M 480VI DISCRDiD MUCMS ►I CANCILIJP $910" TCL flAYFRONT VENTUReS VOMATI0Y LAsf =13112010 T![ ai'=G CO►QA.YYttILL M09AVORTO [ALL 30 RA1Ys WRTITI:r NOT1Ct TO TIN C1RTalC4LI UOLD[R NADOD To Tiu 100 S SISCAYN° 80V0 ?850 LUT, IVT [ADLVU70XAMJECi1ROTLC[WALL DDOStNO08LGATIONOIL MIAMI P. 33131 LtAISIM Of ANY KM UPON TU COWAVY. M Aii:T OA RAP121114YATIVU AUTXORWD 170-ignAvvi •T LAN • SSI ...an Asswm Pamer To: To Wham It May Concern From: John Harrold Date: January 9, 2001 Re: Automobile Pollution Coverage Dear Sirs: M 1 Port Cenoolidated, Inc.'s automobile policy has been modMed to include Endorsement CAQW, 'Pollution Liability - Broadened Coverage for Covered Autos' and 'MCS 90 Endomemere for motor carrier policies of the maWr carrier act of 1980. Both of these endorsements are required and provide coverage for the peril of pollution. In laymen's terms, the endorsements referenced above cover for possible pollution claims that may arise while delivering fuel at the cilenta' premises whether caused by an error in unloading or as a result of driving the vehicle. This additional coverage in no way limits Port Consolidated, Inc.'s protection for liability that is customary from a business auto policy, For example, bodily injury or property damage that might result from the use of a vehicle. Please call with any questions you may have. 4301 N.W. sth wry, Suis solo, Ft tauderUt. FL Mot W11.11/111 , Fur 4Sf.lJ A66 �artmutu��eitli�.n�n TO: TO: 1~ROM: • • =28 The Honorable Mayor and DATE Members of the City Commission Jay C. Con Executive l RECOMMENDATION August G, 2001 SLBJECT: Resolution — Authorizing the City Manager to execute Amendment No. 2 to use agreement between the City of Miami and Bayfi•ont Park Management Trust and Bayfront Ventures. It is respectfully requested that the Miami City Commission adopt the attached Resolution authorizing the City Manager to execute Amendment Number 2 to use agreement betwecn the City of Miami and Bayfront Park Management Trust and Concorde Cruises, Inc., a South Dakota Corporation d/b/a Bayfront Ventures, formerly known as Bayfront Ventures, a Florida Limited Partnership, to clarify provisions relating to charitable cruises and provide for fueling at the facility located at the Mildred and Claude Pepper Bayfront Park. BACKGROUND The Bayfront Park Management Trust was created by the Miami City Commission to direct, operate, manage and maintain all aspects of Bayfront Park with the goal of ensuring maximum community involvement. The Trust and Concorde Gaming, Tne., a South Dakota Corporation dfb/a Bayfront Ventures, formerly known as Bayfront Ventures, a Florida Limited Partnership, entered into a Use Agreement dated June 25, 1997, for the operation of a casino gaming vessel at Mildred and Claude Pepper Bayfront Park, as amended on September 26, 1997. The parties now wish to clarify provisions relating to charitable cruises and to provide for fueling at the facility located at Mildred and Claude Pepper Bayfront Park. The Bayfront Park Management Trust approved Amendment No. 2 to the Use Agreement, in substantially the attached form, on March 21, 2000. Tile Executive .Director of the Trust recommends its approval by the City Commission. JCC/ts 51._ 8179