HomeMy WebLinkAboutR-92-0528J-92-581
9/9/92
RESOLUTION N0.
92- 528
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A LICENSE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH BISCAYNE BAY MARRIOTT MARINA FOR
PROVISION OF COMPLEMENTARY DOCKAGE SPACE AT
SAID MARINA, LOCATED AT 1633 NORTH BAYSHORE
DRIVE, MIAMI, FLORIDA, FOR THE DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES' DIVE
BOAT FOR ONE YEAR, RENEWABLE ANNUALLY AT THE
DISCRETION OF THE MARINA MANAGER; SAID
DOCKAGE SPACE TO BE IN MUTUAL BENEFIT AND AT
NO COST TO THE CITY FOR STORAGE, WATER,
POWER, 24 HOUR SECURITY, AND FURTHER SUBJECT
TO THE TEMPORARY REMOVAL OF THE VESSEL FROM
THE PREMISES AS SPECIFIED HEREIN.
WHEREAS, the City of Miami Department of Fire, Rescue and
Inspection Services is desirous of storing its dive boat at the
Biscayne Bay Marriott Marina giving quick and easy access to
Biscayne Bay at the west entrance to the Venetian Causeway; and
WHEREAS, said dockage would provide easier and safer
launching capability allowing more time for training functions,
provide a more thorough weekly checkout and testing of engine
gauges, gears and drive propellers, and provide easy access to
intensively used causeways and waterfront locations in the event
the boat was required in an emergency; and
WHEREAS, the Biscayne Bay Marriott Marina, in recognition
and acknowledgment of tale benefit in terms of public relations
ATiACHMENT(S)I
CONTAINED
CITY COMMISSION
MEETING OF
S E P 1 0 1992
Resolution No.
52- 528
0
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9
9
and visibility in having the dive boat docked at their facility,
has offered the provision of complementary dockage for one year
at the Marina, to be renewable annually at the discretion of the
Marina Manager, with all fees waived and water, power, and 24
hour security provided at no expense to the City;
NOW, THEREFORE, 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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute an Agreement, in substantially the attached form, with
Biscayne Bay Marriott Marina for the provision of complementary
dockage space at said Marina located at 1633 North Bayshore
Drive, Miami, Florida, for the Department of Fire, Rescue and
Inspection Servicesdive boat for one year, renewable annually
at the discretion of the Marina Manager, with said dockage space
to be in mutual benefit and at no cost to the City for storage,
g ,
water, power, and 24 hour security. Further providing that the
City shall remove said dive boat from the premises for two weeks
during the annual boat show.
Section 3. This Resolution shall become effective
immediately upon its adoption.
-2- 92- 528
c
PASSED AND ADOPTED thiS loth
ATT
MA HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
CARMEN L. LEON'
ASSISTANT CITY ATTORNEY
1-31
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Account No.
Dale Co93-
BISCAYNE BAY MARRIOT"T MARINA
LICENSE AGREEMENT FOR DOCKAGE SPACE
THIS AGREEMENT is made between the BISCAYNE BAY MARRIOTT MARINA (hereinafter called 'MARINA') and the undersigned VESSEL OWNER or VESSEL OWNER's agent
(hereinafter called 'OWNER'). IN CONSIDERATION of the monthly dockage fee of S 0. v v plus lax in the amount of $ _0- i , amounting to a total monthly charge of qn.ov v
payable in advance on the first day of each month, and the mutual covenants contained herein, the MARINA agrees to license to the OWNER the dockage space identified as Slip or Davit
for the use and purposes set forth herein. It is understood and agreed that simultaneous with the execution of this license agreement that the undersigned OWNER will pay
to MARINA a sum equal to the� t �1j�I �r�pQnlh's dockage fee plus the preceding month's dockage fee, if any, on a pro rata basis, plus jbq IAst �gnth's dockage fee together with a security
deposit in the amount of $ t.l_:I.ISL_ , malting for a total payment upon the execution of this agreement in the amount of $ [ l.[.ZS1_ . The aforesaid sums shall be held by
MARINA on its own account during the term of this agreement In order to assure the full and faithful performance of the terms of this agreement by the OWNER. Any Burns which are due to
the OWNER at the termination of this agreement shall be returned to the OWNER within ten (10) days after the termination of this agreement, provided that the MARINA may apply any sums
which it holds on behalf of the OWNER to any balance remaining on the OWNER's account.
The OWNER warrants and represents the following to be true and correct: 6. Vessel's Florida registration or documentation number (if any):
1. Nam f Owner of vas I and, i any, authorized agent of owner: „� � A RA
(ZZ/yX � fir✓
(if the Owne is not natural person, provide the information requested in �• Manufacturer of vessel: AtYiS[�ii� —
lines 2, 3, 4, 5, and 6 below for the Owner's authorized a en[) s 8. Length of vessel: Beam
fi
2. Owner's driver's license no. andtat Draft
3. Owner's Social Security number. $, 9, Type of vessel: Power (�Q� Sail ( )
4. Owner's address and phone number: i 10. Term of license is from: to
OWNER hereby acknowledges by signing hereunder that he has read and
�.. Name of Owner s vessel's:'r 't'�� understands and does hereby agree to be bound by the terms hereof.
License fees will be paid by the OWNER in advance, on or before the first day of each and every month, and the OWNER acknowledges that the MARINA, has, and shell have, a lien
upon the above described vessel, her appurtenances and contents, for any unpaid sums due to the MARINA for the use of its facilities and other services, or for any damage to the MARINA
caused in whole or in part by the vessel or the vessel's OWNER.
If OWNER defaults in the payment of license fees due under this agreement, or if the OWNER should violate any of the terms and conditions of this agreement, then the entire amount
of license fees due to be paid by OWNER during the term of this agreement shall be accelerated and become at once due and payable to the MARINA. Should the OWNER default in the payment
of license fees due under this agreement, or should the OWNER breach any of the terms and conditions of this agreement, then in that event the MARINA reserves the right, at its option, to
remove the OWNER'& vessel from the MARINA. So long as the MARINA shall utilize reasonable care in so removing the OWNER's vessel, the MARINA shall have no liability whatsoever to the
OWNER in connection with said removal. Further, the OWNER agrees that the MARINA may place upon the vessel, its contents, appurtenances and equipment, all maritime liens of whatever
nature for non-payment of dockage, supplies, necessaries or other services or goods furnished to the OWNER or the vessel. In the event the MARINA employs counsel to collect any license
fees due underthis agreement, to otherwise enforce the terns of this agreement orto foreclose a maritime lien. OWNER agrees to pay to the MARINA all costs of collection, including reasonable
attorney's fees and the costs of any legal action should any such action be initiated.
It is understood and agreed by the parties hereto that this agreement shall be effective and shall continue for the term indicated above. In the event the term of this agreement expires
and the vessel remains at the MARINA without the execution of a new agreement, then the parties hereby agree that this agreement shall be considered as being in full force and the new rate i
will be at $ per month, plus tax. 1
A LATE PAYMENT FEE OF $50.00 PER MONTH WILL BE CHARGED FOR EVERY MONTH IN WHICH THE OWNER DOES NOT PAY THE LICENSE FEE IN FULL BY THE 10TH DAY OF
THAT MONTH. AN ADDITIONAL LATE PAYMENT FEE OF $100.00 PER MONTH WILL BE CHARGED FOR EVERY MONTH IN WHICH THE OWNER DOES NOT PAY THE LICENSE FEE IN FULL i
BY THE 20TH DAY OF THE MONTH.
I do hereby authorize the MARINA to charge my, credit card account any and all charges incurred by the vessel or me pursuant to this license agreement in the event I do not pay the
charges billed by the 10th of the next month. I acknowledge having executed a credit card charge slip in order to implement this provision. Type CC
CCNExpiration Date !
It is understood and agreed lhal this license agreement does not constitute a bailment. The OWNER retains and has the exclusive care, custody and control of the vessel and its contents
at all times, and the OWNER is solely responsible for the vessel, its contents, and the maintenance of the vessel. The OWNER acknowledges that the MARINA assumes no responsibility or -
t - liability for the sate dockage and maintenance of the OWNER's vessel. OWNER is solely responsible for the maintenance and tie-up of vessel and OWNER shall be responsible for the proper
operating condition of the vessel's equipment and for the size and conditions of the dock lines. OWNER agrees to be liable for any damage caused to the MARINA docks, pilings, or any other
i damage caused to the MARINA by the OWNER or OWNERS's vessel. OWNER acknowledges that it is solely responsible for preventing the entry of unauthorized persons onto the OWNER's
vessel. While the MARINA may take reasonable efforts to control the entry of unauthorized persons onto the MARINA docks, OWNER understands and agrees that the MARINA does not assure
that unauthorized persons will not board the OWNER's vessel and, accordingly, the OWNER is solely responsible for the security of the OWNER's vessel.
The MARINA shall not be liable for any damage or loss whether by theft, negligence, or otherwise to any vessel, person or property. The OWNER warrants to MARINA that the vessel I
is fully covered by complete hull, casualty, property damage, and liability insurance and that the vessel shall remain so covered during the term of this license agreement. The MARINA &hail
be entitled to assume that such insurance is provided and the MARiNAshall not be required toexamirte policies to this effect, although such policy or policies shall be produced by the OWNER
for examination upon request by the MARINA. The OWNER hereby indemnities and holds the MARINA harmless against any loss, suit, damage or claim to oron behalf of any person including
OWNER and the vessel which arises out of the use of the dockage space or other MARINA facilities, whether or not such loss, suit, damage or claim is based upon negligence of the MARINA
or any other party. OWNER acknowledges and represents that, in consideration of the execution of this license agreement and as a material term hereof' the OWNER shall riot under any' , ,
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Account
/No.
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. r BIS(CA"YNE DAY MARRIOT'T MARINA
LICENSE AGREEMENT FOR DOCKAGE SPACE
THiS AGREEMENT is made between the BISCAYNE BAY MARRIOTT MARINA (hereinafter called 'MARINA') and the undersigned VESSEL OWNER or VESSEL OWNER's agent
(heroinaftof called'OWNER'). /i�Jj �)��
INCONSIDERATION of the monthly dockage fee of $ 0. plus tax in tho amount of $ �cn� , amounting toe total monthly charge of li
payable in advance on the first day of each month, and the mutual covenants contained herein, the MARINA agrees to license to the OWNER the dockage space identified at Slip or Davit
for the use and purposes set forth herein. It Is understood and agreed that simultaneous with the execution of this license agreement that the undersigned OWNER will pay
to MARINA a sum equal to the t►st _h I r nth's dockage fee plus the preceding month's dockage lee, lf any, on a pro rate basis, plus t last nth's dockage fee together with a security
deposit in the amount of $ _1_:.1_L(L , making for a total payment upon the execution of this agreement in the amount of $ .�. L� . The aforesaid sums shall be held by
MARINA on Its own account during the term of this agreement in order to assure the full and faithful performance of the terns of this agreement by the OWNER. Any sums which are due to
the OWNER at the termination of this agreement shall be returned to the OWNER within ten (10) days after the termination of this agreement, provided that the MARINA may apply any surrs
which it holds on behalf of the OWNER to any balance remaining on the OWNER's account.
The OWNER warrants and represents the following to be true and correct:
1, Nami l Owner of vel l and, It any, authorized agent of owner:
( if the Owner is not a natural person, provide the information requested in
lines 2, 3, 4, 5, and 6 below for the Owners authorized a
2. Owner's driver's license no. an�s(�(e
3. Owner's Social Security number
4. Owner's address and phone numbor:l t M-
�.. Name of Owners vessel is:`"tA
6. Vessel's Florida registration or documentation number (if any):
7. Manufacturer of vessel:. Anmi] )n l -
8. Length of,vessel 2 �7 1 Beam
Draft. Y � I.- f:."
9. Type of vessel: Power (i Sail ( )
10. Term of license is from: to
OWNER hereby acknowledges by signing hereunder that he has read and
understands and does hereby agree to be bound by the terms hereof.
License fees will be paid by the OWNER in advance, on or balers the first day of each and every month, and the OWNER acknowledges that the MARINA, has, and shall have, a lien
upon the above described vessel, her appurtenances and contents, for any unpaid sums due to the MARINA for the use of its facilities and other services, or for any damage to the MARINA
caused in whole or in part by the vessel or the vessel's OWNER.
It OWNER defaults in the payment of license lees due under this agreement, or if the OWNER should violate any of the terms and conditions of this agreement, then the entire amount
of license fees due to be paid by OWNER during the termof this agreement shall be accelerated and become at once due and payable to the MARINA. Should the OWNER default in the payment
of license fees due under this agreement, or should the OWNER breach any of the terms and conditions of this agreement, then in that event the MARINA reserves the right, at its option, to
remove the OWNER's vessel from the MARINA. So long as the MARINA shall utilize reasonable care in so removing the OWNER's vessel, the MARINA shall have no liability whatsoever to the
OWNER in connection with said rem)val. Further, the OWNER agrees that the MARINA may place upon the vessel, its contents, appurtenances and equipment, all maritime liens of whatever
nature for non-payment of dockage, supplies, necessaries or other services or goods furnished to the OWNER or the vessel. In the event the MARINA employs counsel to collect any license
fees due under this agreement, to otherwise enforce the terms of this agreement orio foreclose a maritime lien, OWNER agrees to pay to the MARINA all costs of collection, including reasonable
attorney's fees and the costs of any legal action should any such action be initiated.
It is understood and agreed by the parties hereto that this agreement shall be effective and shall continue for the term indicated above. In the event the term of this agreement expires
and the vessel remains at the MARINA without the execution of a new agreement, then the parties hereby agree that this agreement shall be considered as being in lull force and the now rate
will be at $ per month, plus tax.
A LATE PAYMENT FEE OF $50.00 PER MONTH WILL BE CHARGED FOR EMERY MONTH IN WHICH THE OWNER DOES NOT PAY THE LICENSE FEE IN FULL BY THE 10TH DAY OF
THAT MONTH. AN ADDITIONAL LATE PAYMENTFEE OFS100.00 PER MONTH WiLL BE CHARGED FOR EVERY MONTH IN WHICH THE OWNER DOES NOT PAY THE LICENSE FEE IN FULL
BY THE 20TH DAY OF THE MONTH.
I do hereby authorize the MARINA to charge my credit card account any and all charges incurred by the vessel or me pursuant to this license agreement in the event 1 do not pay the
charges billed by the 10th of the next month. I acknowledge having executed a credit card charge slip in order to implement this provision. Type CC
CCB Expiration Data
It is understood and agreed that this license agreement does not constitute a bailment. The OWNER retains and has the exclusive care, custody and control of the vessel and its contents
at all lines, and the OWNER is solely responsible for the vessel, its contents, and the maintenance of the vessel. The OWNER acknowledges that the MARINA assumes no responsibility or
liability for the safe dockage and maintenance of the OWNER's vessel. OWNER is solely responsible for the [maintenance and tie-up ur vessel and OWNER shall be responsible for the proper
operating condition of the vessel's equipment and for the size and conditions of the dock lines. OWNER agrees to be liable for any damage caused to the MARINA docks, pilings, or any other
damage caused to the MARINA by the OWNER or OWNERS's vessel. OWNER acknowledges that it is solely responsible for preventing the entry of unauthorized persons onto the OWNER's
vessel. While the MARINA may take reasonable efforts to control the entry of unauthorized persons onto the MARINA docks, OWNER understands and agrees that the MARINA does not assure
that unauthorized persons will not board the OWNER's vessel and, accordingly, the OWNER is solely responsible for the security of the OWNER's vessel.
The MARINA shall not be liable for any damage or loss whether by theft, negligence, or otherwise to any vessel, person or property. The OWNER warrants to MARINA that the vessel
is fully covered by complete hull, casualty, property damage, and liability insurance and that the vessel shall remain so covered during the term of this license agreement. The MARINA shall
be entitled to assume that such insurance is provided and the MARINA shall not be required to examine policies to this effect, although such policy or policies shall be produced by the OWNER
for examination upon request by the MARINA. The OWNER hereby indemnifies and holds the MARINA harmless against arty loss, suit, damage orclaim to or on behalf of any person including
OWNER and the vessel which arises out of the use of the dockage space or other MARINA facilities, whether or not such loss, suit, damage or claim is based upon negligence of the MARINA
or any other party. OWNER acknowledges and represents that, in consideration of the execution of this license agreement and as a material form hereof, the OWNER shall not under any
circumstances whatsoever subrogate or assign any claim or claims of any sort against the MARINA, its agents or employees, to any third parties, including insurers or underwriters. OWNER
acknowledges that any such subrogation or assignment shall be null and void.
In the event of a hurricane or a stormwarning, or other emergency situation, or as may otherwise be necessary in the MARINA's reasonable discretion, it may be necessary to clear the
MARINA of vessels. The OWNER understands and acknowledges that the MARINA shall have the power and authority to determine when it shall be necessary to evacuate the MARINA of
vessels. It shall be the responsibility of the OWNER, prior to evacuation time, to make arrangements for a safe anchorage for the vessel. If left unattended, in the event of a situation requiring
evacuation, OWNER's vessel may be towed to another anchorage at the OWNER's sole expense and risk. In the event the MARINA should undertake to move or evacuate a vessel, such action
on the part of the MARINA shall not be deemed an assumption of responsibility for the safety, security and care of OWNER's vessel by the MARINA, nor shall the MARINA be deemed a bailee
of the OWNER's vessel..
This license shall allow the OWNER to use the specific slip or davit designated herein for the limited purposes set forth in this license agreement as long as OWNER obeys all terns and
conditions of this agreement. Under no circumstances are any alterations or modifications to be made by the OWNER to the slip or davit or to any other part of the MARINA facility. This license
is not assignable'. Any attempt to assign this license or any rights arising under this license agreement is void.
OWNER has been informed of the firefighting, first aid and security provisions and equipment available at the MARINA and OWNER hereby acknowledges same as being sufficient,
reasonable and adequate and OWNER hereby agrees to and does hereby hold the MARINA harmless from any failure of or insufficiency in said provisions and equipment. OWNER holds
€ harmless, inclerninifiesand releases the MARINAlromany andall liability, less. claimer damage to any property, person orpersonsoccumingaltheMARINA.The OWNER does hold harmless,
indermify and release the MARINA from any and all liability, loss, damage or claim to property or life arising out of fire, or any other casualty, theft, or vandalism, at the MARINA, even 0 such
loss, damage or claim results from MARINA's negligence, including but not limited to MARINA's failure to have otheradditional firefighting, first aid and security provisions orequipment, OWNER
is entering into this license agreement with full knowledge and acceptance of the limitations on the MARINA's firefighting, first aid, and security and other such provisions and equipment
OWNER herebyagrees to relinquish the slip on forty-five (45) days' notice by the MARINA to accommodate sn'in-the-waler' display of the Annual Miami International Boat Showorother
such boat show or event as may occur. At present, the Miami International Boat Show is scheduled annually for the 3rd week in February. This provision in this agreement constitutes notice
d that twat show. The OWNER's account will becrediled on a pro rate basis for dockage fees during the term of the boat show, unless the MARINA provides alternative dockage for OWNER's
ti.wriling and signed by an authorized agent of MARINA. MARINA's failure to require strict performance d this agreement,
yY pf any condition or of any of the MARINA's rights under this agreement.
OW—SIMbi-ownednullbrid1ilicid and Wig-sgt-retyCt llyrp .any law of the State of Florida or of the United Stales, or to be otherwise invalid, said portion and said
AA rerrltsdies ' the balance d this agraerrent shall remain in lull force and attest
fl}I11pifae/i19ntSreCfltr!lti.9titrftgfltj110fet�Ce .
in any Way tangenUel to fife"rpphip uod4r�R �roe�r�>�y� ���Rj��{gr�r �jph awng out of this agreement or any alleged breach lhereo) or any action
'#>�-,�f�-aarlpait4r��iott3n t CountY. Florida.
. Altilcftad hereto t� osr19it1 � :,., •
passengers and errpbyees The � rum � Prooatltpss wl>icfi fwtantlpltat"r$1 � tit>�ret+ 1 turd vsitrph f�1MNER agrae6 will be observed by the OWNER. his guests, agorae,
andprppeclurasatdfrt!)im0{ty ride:d�rresarelnoorporatedfserpirlastholgftifsaYwere upyselforthtserem.ThetMipiplNArasarveatharigttttoalter.ammdandrtgdifytheseruba
ssttaA be rolrndR � �'�� � � ai wch bdteratiWt, erttandrnent or modification � reasonable, Any breach d This agreement or any violation d posted rules end
� 9 tl'rttYlNilptpgt tl iiGettie ■Orasrrraet and Use AAARU+fA shall larva the right fo rsxrtcve U1e OWNER c vessel from U1s MARINA at the OWNER's expense and
(hp fIJ1 trtay.relakia poss�l�l(rxl of 1f 1plip s11,;1atMlr t s tQpritl8 appica
f1 lho .' %f f4t 41Mfl sych pttysgri ' f+ipgtttp t _TW M behalf d tlttil3 f�8}�rarrArq� > d rppreeerNs his:arN►wrdY to Abligrtste the OWNER ti40
x lltg tres4el ts7 th¢ ttrLt�rrq 4(.OYi� hlmltrl, t�5t pQra fir
,;�. _ . ; �Qrl - �r the fertr>e iNtd of�eitiwdf sg,< f2dh )A tt►� �
OYVNfp?y WWIitft+a?ifX�12A1(.QFit
fai ftf71f1t1 CtAJ 8017if91t$ QFTttiSAGi PMEMr tltilp AGRIll TO ASIDE TMERY
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CITY OF MIAMI. FLORIDA CAw
INTER-OFFICE MEMORANDUM
17
To: Honorable Mayor and �.i:.
y DATE iv �� FILE
City Commissioners
SUBJECT License Agreement for
Dockage Space at Biscayne
'1 Bay Marriott Marina
FROM ' Cesar H . Odi REFERENCES
City Manager►
1�• ENCLOSURES
It is respectfully recommended that the City Commission adopt a
Resolution authorizing a license agreement between the City of
Miami and Biscayne Bay Marriott Marina, for the provision of
complementary free dockage for one year at the Biscayne Bay
Marriott Marina, 1633 North Bayshore Drive, Miami, Florida, to be
renewable annually at the discretion of the Marina Manager.
The Department of Fire, Rescue and Inspection Services is
desirous of staring its dive boat at the Biscayne Bay Marriott
Marina in quick and easy access to the Bay at the west entrance
to the Venetian Causeway. The boat would be stored out of the
water on a pair of davits at Pier #5 . All fees would be waived
in regard to this offer, with water, power and 24 hour security
provided at no expense to the City. There would be 24 hour
access to the vessel by Department personnel for training,
operational checkouts, and emergency use in the Bay. Marina
personnel will, as time permits during normal business hours,
make every effort to assist Department personnel in readying the
dive boat for operation. The only stipulation the Marina has
requested is the. removal of the boat from the premises the two
week period during the annual boat show.
Advantages of storing the dive boat at this location are:
It would provide easier and safer launching capability
allowing more time for training functions.
The boat would no longer have to be towed, to the Miami.
Outboard Club on Watson Island and back - a one hour operation
.including lowering and raising.
I:t would allow a more thorough weekly checkout and testing of
engine gauges, gears and drive propellers, and provide. personnel
with more "hands-on" time in operation and handling.
It would provide easy access to intensively used causeways
and waterfront locations in the event the boat is required in an
emergency.
92- 528