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HomeMy WebLinkAboutItem #16 - Discussion ItemCesar Odio 3500 Pan American Dr. Miami,Fia. 33133 Apperance before the Commissioners Dear Caser OfiO, Please be advised that we are requesting a meeting before the commissioners for the up comming meeting on ,YUNE , 8 1995 . We are requesting this meeting to discuss our requesti-,, for Mooring and Dockage Agreement with Bayside Marina. cc Agenda office SINCERLY CRAZY CLAM CRUISES ILONA MENDEZ ►L'Q�-a ( see attached letter ) �lSCU�Stc�� 8.1 DOCK: MIAMI MARINA, BAYSIDE MARKET PLACE Office: P.O. Box 416226 - Miami, Florida 33141 - 9226 • Tel: (305) 864-6204 - Fax: (305) 865.5145 DEC 7 ' S4 1 5: 50 FROM EHYS I DE tIRRKETPLAC:E Attu" .ent I f�s� f11P M E M O MARKETPLACE R A N D t-' H l8 U M DATE: December d, 1994 VIA FACSIMILE TO: Warren Bittner Raul De La Torre CC: Laurel M. Isicoff FROM: Raul D. Tercilla /% RE: DELECTABLE INC. MIa LA RUMBA ---------------------------------------------------------------------------------------------------- The following is an incident that happend at Bayside regarding the vessel La Rumba docked on the Bay Wall behind Hard Rock Cafe: On November 27, 1994, all of our securi units responded to the Daiquiri Bar reference large group of juveniles involveAl in an altercation with La Rumba boat employees. The juveniles where invo ved in a fight with several other juveniles as they exited the La Rumba bo t and the employees chased the suspects down the water side. This boat . managed by Walter Fortunato. R.D'T/mcb 95- 4583 Attachment2. January 4, 1995 Mr. Raul de la Torre, Dockmaster CITY OF MIAMI 3400 Pan American Drive Miami, FL 33133 Dear Mr. de la Torre: On December 23, 1994, two employees of Delectables, Inc. were arrested on the vessel "La Rumba" a.k.a. "Crazy Clam Cruises" for the sale of an alcoholic beverage to a person under the age of 21, and maintaining a place of business where beverages are sold to minors. These arrests were made by agents of the Bureau of Alcohol, Tobacco, and Firearms, and corroborated long standing rumors as to why this vessel, and others operating out of Baysidc, are so often frequented primarily by minors. In addition, on Sunday, January 1, 1995, at approximately 1:30 a.m., I accompanied the City of Miami Police in reference to a disturbance at "La Rumba" involving a man with a gun. It turned out that the man was carrying a concealed weapon with a valid permit, and he was involved in an argument with a ticket seller representing "Delectables, Inc." Also, on January 1, 1995, at approximately 3:05 a.m., the Fiesta Boat docked reporting a fight on the vessel in which a passenger was injured by broken glass. Again, Bayside Security and the City of Miami Police responded to this incident resulting in several white and Latin male juveniles being escorted off the property. The security report reflects one subject was armed with a knife. No arrests were made, but these incidents demonstrate potential problems in these areas, and a strain on security and police assets already committed to public safety inside the project. In closing, be advised that on a regular basis, these boats continue to circle the marina with loud music and depart for cruises after 1:00 a.m. Furthermore, be reminded that Raul Tercilla sent you a letter dated August 22, 1994, indicating the potential for liability to Bayside, and the City of Miami as Fiesta Cruises continues to operate out of this location. I would like to take this opportunity to make a second request that you cancel Fiesta Cruises' Mooring Agreement immediately. Thank you for your concern and attention regarding this matter. Sincerely., Todd Preston Director of Security TP1kh cc: Warren Bittaer, Esq. Richard E. Galen, Esq. Laurel M. Isicoff, Esq. ��► — 4 5 8 1 Raul D. Tercilla . 1 Monk Terry, City of Miami Donald Warshaw, City of Miami Chief of Police dtscu;1ytnm1.u5 Rouse -Miami, Inc., an affiliate of The Rouse Company • 401 Biscayne Blvd., R-106, Miami, Florida 33132-1924 Telephone (305) 577-3344 • Fax (305) 577-0306 1 Attachment 3 TONY PAJARES Director C�tt� Certified Mail No.: P 668 393 901 Return Receipt Requested Delectable, Inc. 133 Sevilla Avenue Coral Gables, FI 33134 Attn: Mr. Juan Calderoni f Y DFWill d��3 7 �o Fc•D t;X10 March 28, 1995 Re: Notice of Termination of Mooring and Dockage Agreement - Miami Outer Wall Slip #2 M/V Crazy Clam Gentleman: CESAR 11. ODIO City Manager Under the provisions of paragraphs 6(a) and 6(b), the City of Miami is electing to terminate its Mooring and Dockage Agreement, dated February 1, 1994, with you. This action has been necessitated for the following reasons: 1. On December 23, 1994, as per Arrest Affidavits 94-1398A, 94-1398B and 94-1398C, Ilona Mendez, the purported owner of the vessel Crazy Clam, and Ralph Fredrick Levin, the purported manager of Crazy Clam Cruises, were arrested for selling alcoholic beverages to a minor(s). This violation of state law is a breach of paragraph 11 of the Mooring and Dockage Agreement entitling the City of Miami to terminate the agreement under paragraph 6(a). 2. The MN Crazy Clam has been operating at Miamarina without a Certificate of Convenience and Necessity as required by section 50-25 of the City Code and without a license as required by section 50-32 of the City Code. These violations of the City Code are also a violation of paragraph 11 of the Mooring and Dockage Agreement, entitling the City of Miami to terminate the agreement under paragraph 6(a). Irrespective of the City of Miami's grounds for termination under paragraph 6(a), the City of Miami reserves the right to terminate any Mooring and Dockage Agreement for any reason upon three days notice under paragraph 6(b). 95- 458.1 nFPARTMFNT nF (-nNFFRFNf FS, (-nNVFNTinNS AND PUBLIC FACILITIES Delectable, Inc. Re: MN Crazy Clam March 28, 1995 Page Two. Accordingly, you are hereby given notice'that the Mooring and Dockage Agreement shall be considered terminated effective April 30, 1995, and that the vessel will be required to vacate the berth prior to midnight of the at date. Your security deposit, if any, shall be promptly returned to you if all dockage fees, taxes, delinquent fees or other charges have been paid in full. Very truly yours, 4ul-#&1a Torre Marinas Manager M8570/RTlbjr cc: Delectable, Inc. 700 Biltmore Way Coral gables, Fl Certified Mail No. P 668 393 901 Return Receipt Requested. J Attachment 4 -1 of ct� I TONY PAJARES * Director iuiu uu d �� n�� a �O FAO April 12, 1995 Delectable, Inc. 133 Seville Avenue Coral Gables, Fl 33134 Dear Sirs: CESAR H. ODIO City Manager I am in receipt of several letters from residents of "I3ricken Key" complaining of the noise generated from your vessels while passing their buildings. All have stated that loud music is being played at approximately 1:30 a.m. Please be advised that you are in violation of City Code Sec. 36-4. Violations to any City ordinance can constitute a breach to your Mooring and Dockage Agreement warranting termination. This letter shall serve as a warning to you that such disturbances must cease immediately. Should these activities persist, action shall be taken to terminate your agreement with the City of Miami. If you have any questions please do not hesitate to contact me at 579-6950. Your cooperation in this matter is anticipated. Sincerely, Aau Marinas Manager cc: Tony Pajares, Director 95- A58.1 DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES THE ISLAND March 21, 1995 C • L • U • B At Brickell Key On Claughton Island Mr. Tony Pajares Executive Director City of Miami Dept, of Public Facilities 400 S.E. 2nd Ave. Miami, Fl. 33131 Re: Party Boat Disturbance Dear Mr. Pajares: 1 am writing this letter to infcrm you of a problem we have been experiencing at the Island Club Apartments for the past year or so. There is a cruise boat, I am not sure what it is called, which leaves from the Bayside Marketplace and cruises by Claughton Island. It passes by at least twice on weekend nights, once in the early evening and once more very late at night - as late as 1 A.M.. The boat has very festive lighting and plays music so that the passengers may dance. The problem with this is the very loud level of music which is played. I live on the twenty- first floor and the music is loud enough to wake up both me and my wife. The boat passes right by the island - no more than sixty feet from occupied apartments. While I do not wish to hurt the business for this cruise boat, it seems strange to me that any business is allowed to operate in such a way as to disturb that many people at such at late hour. Many of our residents have commented on this over the prior months. Is there anything that can be done about this? Perhaps the operator can change his course of direction and head up past the Port of Miami. I know in talking with the operators of the other two residential properties on this Island that many people are upset by the disturbance being created. Please let me know if this problem can be solved. I may be contacted at (305) 371-7771 if you have anv questions. Your assistance is greatly appreciated! Sincerely, HEITMAN FLORIDA MANAGEMENT, Inc. as Agent fo Gary Johnstone Property Manager 9 5 _ - 8.1 770 Claughton Island Drive, Miami, Florida 33131, Tel: (305) 371-7771, Fax: (305) 539-8933 March 21, 1995 Mr.Tony Pajares Executive Director CITY OF MIAMI DEPT.OF PUBLIC FACILITIES 400 S.E.2nd Avenue Miami, Florida 33131 Dear Tony: I have been trying to Set up an appointment with you, without much success...so, I am reducing my thoughts to writing. I have recently spoken to Raul Tercilla, Director of Bayside, in reference to two party boats operating out of Bayside Marina. On the weekends, Friday, Sat.and Sunday, these boats pass by our Island, Brickell Key, and have little regard for the peace and quiet of our community. They pass back -and -forth on the waterway approximately every z hour or so, playing loud disco music till approximately 1:30 am, in the morning. I have spoken to many neighbors, personally, in the Island Club, Brickell Key Two, as well as my building, Brick - ell Key One, and many people are annoyed with the situation. Swire Properties and myself, have circulated petitions for signatures, so that we can get this stressful problem resolved. Tony, the names of these boats are "La Rumba" and "Miami Queen." There might even be a third... something Princess. It is most incon- siderate of these operators, and they should be notified that action will be taken, if they do not cease immediately. Thanking you in advance for your effort, I am Sincerfi)ly yours, .I00 i a Cheryl Ka n 95- 458.( KAHN ADVERTISING, INC. 520 BRICKELL KEY DRIVE (1201) MIAMI, FL 33131 (305) 530.2223 CHERYL KAHN, President 95- 458.1 11 HAYNIE May 16, 1995 Mr. Raul De la Torre Dockmaster, Bayside & Dinner Key Marinas City of Miami 3400 Pan American Drive Miami, FL 33133 Dear Mr. De la Torre: Attachment 5 Please note that because the number of significant security breach incidents by La Rumba, Crazy Clam II and Island Queen, we cancelled the operating agreements granting them access to our common areas. We also support the decision by the city to end their mooring agreements. The incidents have involved alcohol consumption by minors, fights in the vessels and spilling to our common areas, complaints by neighbors and problems with the Police Department. Sinc ely, � G Raul D. Tercilla Vice President & General Manager RDT/mcb cc: Terry Buice Tony Pajares a:\delatorre.let 95- 458.1 Rouse -Miami, Inc., an affiliate of The Rouse company • 401 Biscayne Blvd., R-106, Miami, Florida 33132-1924 Telephone (305) 577-3344 • Fax (305) 577-0306