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HomeMy WebLinkAboutR-87-1017J-87-997 11/5/87 i RESOLUTION NO.9 7"" 017 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH BAYSIDE CENTER LIMITED PARTNERSHIP AND BOUNTY-BAYSIDE JOINT VENTURE, PERMITTING THE SHIP BOUNTY 'ro BE MOORED AND TO OPERATE FROM THE EASTERN EDGE OF PIER PARK, WHICH LIES WITHIN THE AREA LEASED TO BAYSIDE CENTER LIMITED PARTNERSHIP UNDER THE RETAIL LEASE EXECUTED JANUARY 14, 1985, AS AMENDED. WHEREAS, on January 14, 1985 the City of Miami and Bayside Center Limited Partnership entered into a lease for the development of a waterfront Specialty Center and a lease for the development of a Parking Garage pursuant to which the City leased to Bayside Center Limited Partnership (Bayside) , certain real property located on portion of Bayfrant Park adjacent to the City -owned Miamarina; and WHEREAS, pursuant to the terms of these leases, Bayside Specialty Center and Parking Garage opened to the public on April 8, 1987; and WHEREAS, on October 24, 1985, the City of Miami and Bayside Center Limited Partnership (Bayside) , entered into the Miamarina Agreement, as authorized by Resolution 85 -929, adopted September 12, 1985; and WHEREAS, said Miamarina Agreement, in Section 6. Moored Vessels, states that the City shall enter into an agreement with Bayside to permit the ship Bounty to be moored at and to operate from the Biscayne Bay sea wall (such agreement may provide for the reimbursement to the City of costs and expenses incurred by the City as a result of the operation of the Bounty from such sea wall) ; and WHEREAS, said Section 6. further states that such long term agreement shall be on terms and conditions reasonably satisfactory to the City Manager and Bayside; CITY COMMISSION MEETING OF NOV 19 1987 iN No. _97-10 REMARKS: Now, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI# FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the form attached hereto, with Bayside Center Limited Partnership and Bounty-- Bayside Joint Venture, permitting the Ship Bounty to be moored and to operate from the eastern edge of Pier Park, which lies within the area leased to Bayside Center Limited Partnership under the Retail Lease executed January 14, 1985, as amended. PASSED AND ADOPTED this - 19th day -November 987. XAVIER L. SNPMEZ, ATT ' TTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: (ltiuwa 49A _ G. IRIAM MAER ASSISTANT CITY ATTORNEY TO FORM AND CORRECTNESS: TY A' *Subject to John Gilchrist provid,-ng written evidence to Commissioner Plummer of the City's prior commitment regarding rent for the mooring of the Bounty. 97-1017 P MOORING AND DOCKAGE AGREEMENT THISiMOORING AND DOCKAGE AGREEMENT (this "Agreement") dated as of this day of , 1987, by and between the CITY OF MIAMI ("City"),.a municipal corporation acting by and through the CITY MANAGER ("City Manager") with the prior approval of the City Commission, BOUNTY-BAYSIDE JOINT VENTURE ("Owner"), a F�Ur joint venture, and BAYSIDE CENTER LIMITED PARTNERSHIP ("Bayside"), a Maryland limited partnership. WITNESSETH THAT WHEREAS, the City operates a marina at Miamarina; WHEREAS, pursuant to the Miamarina Agreement dated October 24, 1985 between the City and Bayside, the City and Bayside agreed to enter into an agreement for the mooring and dockage of the historic replica ship Bounty ("Bounty") adjacent to the project known as Bayside Specialty Center being developed by Bayside in Bayfront Park under a revocable permit; and NOW, THEREFORE, for and in consideration of TEN DOLLARS ($10.00) and other good and valuaVle consideration, the receipt and adequacy of which is hereby acknowledged the City, Bayside and Owner agree as follows: 1. The City hereby grants the Owner a permit, subject to the terms of this Agreement, to moor the Bounty from time to time at the location shown on Exhibit A (such location hereinafter called "Slip") attachR-Rel eto and to place the Bounty launch adjacent to the Bounty in a location on a portion of the Bayside Marketplace designated by Bayside for a term of one (1) year commencing on March 2, 1987 and ending on March 1, 1988, which permit shall be automatically renewable for twenty (20) one (1) year renewal periods, subject to early revocation of .this Agreement pursuant to Section 13 hereof. The City and Bayside acknowledge that the Owner may elect not to moor the Bounty at the Slip continuously during the term. Bayside hereby grants the Owner a right to -place the replica launch known as the Bounty Launch on the premises leased by Bayside from the City pursuant to the Amended and Restated Lease Agreement dated October 15, 1985, as amended (the "Retail Lease") in a location acceptable to Bayside which right shall be subject to the te,rmination provisions of Section 13 of the Agreement. All obligations Owner agrees to assume with respect to the Bounty, R'7^101'75 ON MN Including (without limitation) obtaining insurance coverage, indemnification, repair and maintenance shall be construed where applicable to apply to the Bounty Launch. Nothing in this Agreement is intended to be —construed to be a grant by the City to Owner of a license or a lease in the Slip. For security of the'gounty and the Bounty launch the Owner desires that up to two vessels owned or controlled by Owner's crew or any entity.controlling,, controlled by, or under common control with the Owner or either joint venturer of the Owner ("Ancillary Vessels") be in Miamarina. The City agrees to enter into separate mooring and dockage agreements, at regular rates, with the owners of the Ancillary Vessels.. Owner acknowledges that neither Bayside or the City are responsible for providing any security to the Owner, the Bounty, the Bountv Launch, or the Ancillary Vessels, nor are the City or Bayside responsible for, nor do either party make any representations with regard to the depth of waters at, or near the Slip. 2. Owner agrees to use and the City agrees to the use of the Bounty while moored at the Slip for commercial purposes including, without limitation, as a tourist attraction. Any other use of the Slip shall be subject to applicable laws and the City Manager's prior approval. 3. The Owner agrees to pay the City an annual mooring fee for the Bounty of Ten Dollars ($10.00) for'use of the Slip. 4. At no cost to the City, Bayside shall construct the utility services for electricity, sanitary sewer, and water to the Slip. Owner shall be responsible for paying Bayside within twenty (20) days after receipt of written invoice for the electricity, water and sanitary sewer service usage attributable to the Bounty and, to the extent the electrical service shall be provided by a utility company directly, Owner shall pay for the electrical service directly to such utility. At Owner's expense,. Bayside shall install a stand pipe system on the dock in a location agreed upon by the City, Owner and Bayside. Owner shall be responsible for maintaining operational fire extinguishers on board the Bounty. Bayside shall arrange for the construction of the mooring facilities, at no cost to the City, which will include dolphins placed in locations acceptable to the City and Owner. Notwithstanding anything to the contrary in this Agreement, should construction of such mooring facilities not be substantially completed by April 8, 1988, the City, by giving written notice thereof to Bayside and Owner not later than thirty (30) days from such date, may elect to terminate this Agreement. Z�c 5. This Agreement is a permit for berthing space of the Bounty only. Such space is to be used at the sole risk of the Owner and neither the City nor Bayside shall be liable for the care, protection or security of the vessel, its appurtenances,ior contents, or for any loss or damage of any kind or nature to tfie vessel, its appurtenances, or contents, due to fire, theft, vandalism, collision, equipment failure, windstorm, hurricane, rains or otherwise, except where such loss or damage is as a result of the negligent acts or omissions of the City or Bayside, their -respective agents, contractors or employees; provided, however, that, as to the City, the City's liability shall be subject to applicable statutory immunity limits. The Owner, the City and Bayside each, for itself, its employees, agents and contractors, hereby releases and agrees to indemnify and hold harmless the other parties, their respective employees, contractors and agents from and against any and all liability for bodily injury, loss of life and property damage due to the negligent acts or omissions of the indemnifying party, its agents, contractors and employees related to this Agreement, the use of the Slip or Miamarina; provided, however, that as to the City, the City's liability shall be subject to applicable statutory immunity limits. This release and indemnification shall include, but not be limited to, acts in connection with the Owner's vessels, motor and accessories while they are in the Slip or while they are being moved or while in the water moored at or near the Slip or Miamarina dock or bulkheads and for loss or damage to the Owner's or other owner's vessels, motors and accessories or contents thereof due to fire, theft, vandalism, collision, marine equipment failure, windstorm,.rain, or hurricane or other casualty loss. Notwithstanding the foregoing, installed or neither the City nor Bayside shall be responsible for any personal injury or property damage which arise from the size, location or use of the cleats on the dock; provided however, Bayside shall be liable for the negligent installation or maintenance of the cleats. The indemnification provided herein shall include, but not be limited to all costs, expenses and reasonable attorneys' fees, including but not limited to, appellate attorneys' fees. Each party shall give the others timely written notice of any claim or demand within such time as will allow the Owner, City or Bayside to appear and defend or pay and discharge such claim. Each party may, at their separate options, actively defend against such claims and by doing so shall not waive or discharge the indemnifying party from its obligations to defend and indemnify as herein provided. No party to this Agreement shall be liable to any other party or to any insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure, vessel or other tangible property, or any -3- 9,7-ILOT7 ? resulting loss of income, or losses under worker's compensation laws and benefits, even though suchloss or damage might have been occasioned by the negligence of such party, its agents or employees, if, and to the extent, that any such loss or damage is covered by insurance benefitting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Agreement. 6. Notwithstanding any other provision in this Agreement to the contrary, the Owner agrees to remove, or cause to be removed, the Bounty from City property on or before issuance of hurricane warnings by the National Hurricane Center or in the case of any other emergency reasonably determined and declared by the City Manager. It shall be the Owner's responsibility to be aware of such warnings. The City agrees to consult with the Owner on what other locations in the marina or elsewhere in Miami may be available to the Owner for mooring of the Owner's vessels. Owner shall also move the Bounty from the Slip upon receipt of ten (10) days prior written notice from the City Manager that the City intends to conduct repairs to the bulkhead at the Slip or to adjacent or nearby bulkheads or shoreline and Owner shall remove the Bounty from the Slip so that such repairs can be conducted. The City Manager's notice shall specify the expected length of time required for such repairs. The City Manager agrees to coordinate the repairs to the extent reasonably possible so that the repairs would be conducted when the Bounty is not scheduled to be in the Slip, that, to the extent other facilities are available, the City will make other mooring facilities available on the same terms and conditions as contained in this Agreement as close as possible to the Slip during the repair period. 7. The Owner agrees to comply with all applicable state, federal and local laws and all marina rules and regula- tions, including those attached hereto as.Exhibit B and which are made a part hereof by reference and those wh cfi may be promulgated from -time to time by the City for the Miamarina. In the event of a conflict between the terms and provisions of this Agreement and Exhibit B or any other rules and regulations, the terms and conditions set forth in the body of this Agreement shall control. Notwithstanding any other provisions to the contrary in Exhibit B or any applicable rules and regulations, the Owner ! shall be_permitted to perform the following if permitted by applicable law)and not otherwise prohibited:' (a) Owner may use the storage facilities adjacent to the Slip assigned to the Owner by Bayside without being required to empty out such facilities when hurricane warnings are issued by the National Hurricane Center provided the items stored are properly secured and removal is not otherwise required by applicable law. -a- IIN (b) Major repairs, outfitting and refitting of the Bounty is permitted in the Slip. Disc sanding is permitted. Spray painting is prohibited. The Dockmaster shall be consulted prior to any major repairs being conducted. A c) Upon the approval of the Dockmaster and Bayside, Owner may store gas torches, welders, mineral spirits and other chemicals and equipment used in maintaining or repairing the Bounty or the Bounty launch on shore in locations approved by the Dockmaster and Bayside. (d) The City reserves the right to rent unoccupied Slip when the Bounty is to be absent for 72 hours or more provided that the Slip will be vacant and available for berthing of the Bounty within 24 hours of the time Owner notifies the Dockmaster of its expected return. (e) The Owner shall maintain an automatic bilge pump on the Bounty at all times. Because of its design, the Bounty launch shall not be required to maintain a bilge pump unless otherwise required by applicable law. (f) Check out times shall not be applicable to the Owner's Ancillary Vessels. (g) The Owner may erect such signage as may be approved in advance by Bayside and by the City Manager provided, however, the City Manager's approval shall be limited to signage located on the Slip. The Owner agrees to peacefully use the dockage or mooring space assigned herein and marina facilities in connection therewith. Owner shall not do, suffer or allow, either individually or in conjunction with other persons or as a part of an organization of persons: (h) any unlawful acts; or o` (i) acts which will have the effect, in the —i reasonable judgment of the City, of disturbing the peace, disturbing, unduly inconveniencing other persons or other vessels -' using the marina or subjecting to physical jeopardy the marina premises, other persons or other vessels docked or moored at the marina; yj) any act which will impede, disrupt or injure the orderly operation of the marina or any portion of it -; including but not limited to marina management or marina revenues; or (k) any pollution of the land or waters or air surrounding the Bounty. -5- 97-ILOILOR �. In connection with the City's right in the Bounty's absence pursuant to•clause (d) agrees to cooperate with Bayside in permitting Bayside may attract to the Bayside Marketplace events or comgiercial purposes to use the Slip conditions to be agreed upon between the City, of such vessels. to re -rent the Slip _ above, the City vessels which _ for promotional on terms and Bayside and owners B. It is understood and agreed that the Bounty may not be rented for purposes of domicile. Residence aboard the Bounty shall not be permitted except for security purposes. 9. This Agreement shall be assignable by Owner or Bayside with the City's consent in each instance, which consent shall not be withheld if (i) as to Owner the assignee is also the lessee or an entity owned or controlled by the lessee under a lease with Bayside for the tenant space #S147 and the assignee agrees in writing to assume the Owner's obligations under this Agreement or (ii) as to Owner the assignee is the surviving partner of the Owner in the event of a termination of the partnership whereby one partner buys out the other or the partnership is otherwise dissolved or (III) as to Bayside the assignee is a permitted or approved assignee of Bayside's interest in the Retail Lease. This Agreement shall be assignable by Bayside to Bayside's Mortgagee as such term is defined in the Retail Lease as part of the collateral from the loan to Bayside from the Mortgagee. The Owner agrees to advise the City and Bayside of any legal change of ownership of the Bounty while subject to this Agreement, not later than thirty (30) days following such change. Except in the event of (ii) above, part ownership of a vessel does not in any way imply an obligation on the part of the City to furnish dockage nor mooring to any of the partners other than the Owner, if the partnership is dissolved. Notwithstanding the permitted transfers set forth in this Section 9 it shall not be an event of default under this Agreement if City is not notified of a transfer to an entity in which The Rouse Company, of- Florida, Inc., or any of -its subsidiaries or affiliates, has an interest. 10. The Owner and Bayside each agree to pay all costs and expenses (including reasonable attorney's fees) incurred by the City in enforcing this Agreement or the Rules and Regulations in the event of Owner's default or. Bayside's default. 11. The Bounty shall contain a sanitation device. Said sanitation device shall be properly functioning and used at all times while the vessel is at dock or mooring. Failure to comply with the provisions of this paragraph in any manner shall be deemed a default under this Agreement. 12. It is expressly agreed by the Owner that neither, the City nor Bayside is in any way an insurer of the Owner's Q-z W-101.10 property, invitees, employees, agents or guests. The Owner hereby agrees and covenant for the term of this Agreement to maintain and pay for a marine insurance policy covering the Bounty and the Bounty launch providing protection and indemnity coverage of not less than Three Million Dollars ($3,000,000) and comprehensive general liability of not less than Three Million Dollars ($3,000,000) per occurrence. Said policies shall specifically reflect that the City and Bayside are additional Insureds and that City and Bayside are to be notified in the event of cancellation, termination or renewal. The Owner shall furnish the City and Bayside with a certificate of insurance or with a copy of the policy, which shall reflect on the face the foregoing information. 13. In the case of a termination of the Retail Lease as a result of an Event of Developer Default, at the option of the City, this Agreement shall terminate with ten (10) days of delivery of written notice from the City to Bayside and Bayside Mortgagee (as such term is defined in the Retail Lease), unless the Mortgagee cures the Event of Developer Default pursuant to the terms of the Retail Lease or a substitute lease is entered -- into pursuant to Section 6.1 or 6.2 of the Retail Lease in which event the Mortgagee may upon notice to the City elect to assume Bayside's obligations hereunder. In the event Owner violates or fails to perform any of the covenants, terms, conditions or. obligations of Owner as set forth in this Agreement, such violation or failure to perform shall constitute a default by Owner under the terms hereof. In the event of default by Owner and continuance of such default by Owner after thirty (30) days written notice thereof from the City, the City shall have the right to terminate this Agreement and revoke the permit granted hereunder by serving a notice of termination upon Owner in the manner provided for in Section 14 at least thirty 130) days prior to the effective date of termination. In the event Owner fails ® to vacate the dock or mooring space within thirty (30) days after receipt of notice of termination, then the City shall have the right to pursue any remedy provided the City by federal or state law. Owner may elect to terminate this Agreement at anytime by giving City and Bayside written notice thereof specifying a termination date not later than ninety (90) days and not earlier than sixty (60) days from the date of such notice. 14. Any notice or communication under this Agreement by any party shall be deemed sufficiently given or delivered within forty-eight (48) hours of being dispatched by registered or certified mailf postage prepaid, return receipt requested, addressed -as follows: If to Bayside: General Counsel Bayside Center Limited Partnership c/o The Rouse Company 10275 Little Patuxent Parkway Columbia, Maryland 21044 -7- 9 7-101'7 �� 14 r. If to the City: .1 with a copy to: The City of Miami c/o the City Manager 3500 Pan American Drive Miami, Florida 33131 City Attorney City of Miami 169 East Flagler Street Suite 1101 Miami, Florida 33131 If to Owner: Bounty-Bayside Joint Venture c/o Rouse -Miami, Inc. 401 Biscayne Boulevard Miami, Florida 33132 Attention: Leon Goldfarb, Vice -President with a copy to: TEC Bounty Exhibition, Inc. c/o Turner Broadcasting System, Inc. One CNN Center Box 105264 Atlanta, Georgia 30348-5366 Attention: Mr. Carl Helfrich Vice President Planning and Development and a copy to: Turner Broadcasting Systems, Inc. One CNN Centre Box 105264 Atlanta, Georgia 30348-5366 Attention: Steven W. Korn, Esquire Vice President Any party may change the notice addresses above set forth by giving notice in writing of such change of address to the other parties in accordance with the terms hereof. 15. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 16. All of the bovenants, conditions and obligations contained in this Agreement shall be binding upon and inure to the benefit ofithe respective successors and assigns of the City, Owner and Bayside. Nothing in this Agreement is intended to be construed as an amendment or modification to any other written agreements by and between the City and Bayside. -8- R7-ioi�� . 17. Except as otherwise provided in the second paragraph of Section 5, in the event any'part of this Agreement is determined and declared to be invalid or unenforceable by a court of competent jurisdiction whereby the Bounty, the Bounty launch, or Anc llary Vessels could be caused to be removed from the Slip or thlbir respective moorings near the Slip or in Miamarina, then Owner agrees not to sue Bayside and Owner and Bayside agree not to sue the City for any expenses, costs, losses, or other damages, directly or indirectly, which may be suffered by either or both Owner or Bayside in any manner whatsoever, as a result of such determination and/or removal. 18. This Agreement shall be governed by the laws of the State of Florida. 19. The rights and remedies of the parties to this Agreement, whether provided by law or by this Agreement, shall be cumulative, and the exercise by a party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default• or breach by another party. No waiver made by a party with respect to performance, or manner or time thereof, of any obligation of another party or any condition to its own obligation under this Agreement shall be considered a waiver of any rights of the party making the waiver.with respect to the particular obligations of another party or condition to its own obligation beyond those expressly waived and to the extent thereof, or a waiver in any respect -in regard to any other rights of the party making the waiver or in regard to any obligation of another party. IN WITNESS WHEREOF, ROUSE-BAYSIDE, INC. and TEC BOUNTY EXHIBITION, INC., the General Partners of BOUNTY-BAYSIDE JOINT VENTURE, and ROUSE-MIAMI, INC., the sole general partner of BAYSIDE CENTER LIMITED PARTNERSHIP, have caused this Agreement to be signed in their names by their respective Vice Presidents and their corporate seals to be hereunto affixed and duly attested by their respective Assistant Secretaries, and the CITY COMMISSION OF THE CITY OF MIAMI has caused this Agreement to be signed in -9- �`7-1017 / 3 e7s its name by , the CITY MANAGER, and duly attested to by Matty Hirai, the CITY CLERK, on the day and year.first hereinabove written, ,1 ATTEST: THE CITY OF MIAMI, A Municipal Corporation of the State of Florida Natty H ra , City Clerk APPROVED AS TO FORM AND CORRECTNESS: Lucia Allen Dougherty, City Attorney Insurance Manager ATTEST: S_4 - "aAss Sta ecre ary \\) ATTEST: i Ass Stan Secre ar By: • , City Manager BOUNTY-BAYSIDE JOINT VENTURE By: ROUSE-BAYSIDE, INC., General Partner By: • 4Vc-e- ress TEC BOUNTY EXHIBITION-j,4NC. BY: "' i I. v j7 J / V K/CZ M41_ BAYSIDE CENTER LIMITED PARTNERSHIP, A Maryland Limited Partnership By: ROUSE-MIAMI, INC., A Maryland Corporation, General Partner By: Vice -President -10- ml 0 EXHIBIT A t7s .. . ......... . . 10 o 00 00 00 0 c • 0 ME BOUNTY I 0 5, 14^ EXHiBiT B CiTY OF MIAMi MARINA FACILITIES RULES AND REGULATIONS 3 1. Only registered vessels in good condition and under adequate power will be authorized to moor In the Berths. 2. Berths will be assigned by the City Manager or his authorized representative, or the Doekmaster and no changes will be made without their permission. The City Manager or his representative may terminate the Dockage Agreement and order any vessel to vacate the space said vessel is occupying for the violation of any law or order pertaining to the City of Miami marina operations or any City marina rule or regulation or for use or occupancy of the vessel or slip In an unsafe, unsanitary, noisy or other manner inconsistent with the first-class quality of Bayside Marina and Marketplace. 3. It shall be the responsibility of the Owners to keep the space assigned to them In orderly, clean and sanitary condition. Piers will be kept clear of all gear, Including small craft. Small craft belonging to the assigned vessel, and normally capable of stowage aboard same, may be tied in the same berth without charge. After registration and approval by -the Doekmaster, other small craft belonging to the same owner may be tied in his assigned berth; and will be assessed a dockage fee. Neither of the aforementioned craft may protrude beyond the limits of the berth. No motorized vehicle of any kind shall be ridden, driven, stored, or otherwise permitted on the piers or buR,,,heads. Dock boxes, if provided, are to be emptied and left unlocked upon issuance of hurricane warnings by the National Hurricane Center, or termination of Dockage Agreement. Private stowage facilities may not be used on piers. 4. All Owners must maintain their vessels In a state of constant readiness for movement In case of fire, or evacuation In the event of hurricane. Owners of vessels whose propulsion machinery is inoperative and will remain so for a period in excess of 48 hours must notify the Doekmaster Immediately and further Inform him of the action being 'taken to place the machinery In operation as soon as possible. The Doekmaster may temporarily reassign or relocate these vessels. S. It shall also be the responsibility of Owners to keep their vessels In such condition that they do not become unsightly or dilapidated or reflect unfavorably on the _i appearance standards of the City facility or the surrounding commercial project. Decks of all vessels berthed at the City of Miami docks shall be kept free and clear fof debris, bottles, papers, trash or other unsightly material at all times. 6. Major repairi, outfitting, or refitting of vessels at docks disc sanding and spray painting Is prohibited. Minor repairs, mechanical adjustments, electrical work and touch-up painting are permitted only for vessels regularly berthed at the marina. The Doekmaster should be consulted prior to commencing any work which is not clearly acceptable. No work may be accomplished on the piers which might result in damage, scarring, or staining the surface of the piers, dock boxes or garbins, nor obstruct passage of vehicular and pedestrian traffic. 7. The use of charcoal burners, gas welders, gas torches, or any open flame -producing equipment, except within the vessel (e.g., cook stoves, lamps, lenterns), is prohibited. No refueling may be accomplished within the marina. Fuels shall to stored only In tanks Integral to the vessel. There shall be no storage of any flammable substance on or near the piers or bulkhead. 8. Owners shall use discretion in the use of TV sets, musical instruments and radios, and any other sound equipment on -board or placed elsewhere on the marine so'that it would not be audible beyond 6 feet of the vessel. Rigging shall be secured in such a manner as to prevent noise. At request of the Doekmaster or his designee use of all such equipment shall be discontinued If, In the Doekmastees or his designees opin- ion, it would interfere with any activity or entertainment being provided at the commercial project adjacent to the City facility. 9. No refuse, solid or llgy* shall be discharged overboard. All garbage and trash shall be placed in receptor,' provided. No effluent from toilet►7r heads, nor oil from the bilge, shall be discharged overboard. Sumps are located .' 1he foot of every pier for the disposal of waste oil. Only Coast Guard approved sanitation devices will be acceptable. 10. Swimming or diving for recreation or pleasure, or fishing from marina piers or bulkheads is proiAlted. 11. No pets will be allowed on boats or in the marina area. 12. Laundry of any type, or any item of a personal or unsightly nature shall not be hung or spread to dry out or air in public view on any vessel or pier. 13. No advertising or soliciting will be permitted on any vessel berthed at non- commercial piers. No "for sale" or "for rent" signs shall be displayed on any vessel or at the marina. Neither the vessel nor the City facility address shall be used for business purposes except for vessels moored at commercial berths. The design and location of the signage used by the commercial fishermen shall be subject to the City's approval. 14. Water siphons will not be used except in case of emergency. Fresh water shall not be used as a coolant for air conditioner or other machinery. Air conditioner a shall be turned off on unattended vessels. Water supply hoses of unattended vessels shall be disconnected at the dock and stowed aboard. It is unlaiful for either the Owner or any other person to use either the electrical power or fresh water for any other purpose than to supply power and water to the vessel officially assigned to that berth by the Dockage Agreement on record at the Dockmwer's office. 15. Owners checking out of the marina shall report to the dock office and settle their account prior to departure. 16. The City reserves the right to rent unoccupied space when an assigned vessel is to be absent for 72 hours or more. The Owner is obligated to notify the dock office of the date of department and return before departure; and/or confirm arrival 48 hours prior to return. 17. All vessels must have adequate electrical or mechanical pe:manently-installed bilge pumps in constant state of readiness. Switches should be labeled and installed in readily discernible locations near the helm. 18. No addition, alteration, or modification shall be made to Vie electrical and/or water supply system or any other utility service that may be furns'hed by the City. 19. There shall be no disorder, depredations, or disorderly cc=duct by an Owner or by crew or guests, that might injure a person, cause damage to property or disrupt the order of th4 Marina. Violation of this regulation shall be cause for immediate cancellation of the Owner's Dockage Agreement. 20. Check-out time shall be 1500 hours. 21. The use, or access to piers, docking or berthing areas is restricted to Owners, crew or guests for security and safety reasons. Access by any other person requires the approval of the Dockmaster. There shall be no loitering o: prowling in the marina premises. 22. The Owner acknowledges that the Ordinances of the Ci,v of Miami, Florida, and agrees to fully comply with this law which provides that: "It shall be unlawful for the Owner, operator, or person in charge of any vessel to remove such vessel from City property without first making payment of all delirgient charges when such vessel has a delinquency in' its dockage account. The Owner, operator, or person in charge of such vessel shall i e responsible for compliance w::h this Section." 23. Fish cleaning may only be conducted at fish cleaning stat'ons located at the marina and the Owner shall be responsible for the prompt cleanup of the accessible portions of the fish cleaning facility and surrounding areas in order that unpleasant odors or unsightly conditions may not be created. 24. There shall be no solicitation of business in the marina area or distribution of hand bills or other advertising matter in the marina area3 nor shall there be any business conducted in the marina or on vessels except for those moored at commercial berths. -2- 25. No Owner may use si.. portion of the marine for unlawf -iburposes or in such a manner as to constitute a nuisance of any kind (public or privL.e). 26. No vessels may be stored at the marine. 27. The City may upon forty-eight (48) hours notice to an Owner, require the Owner to vacate the marliA for a period of not more than seventy-two (72) consecutive hours and for not more then seven (7) days during any calendar year. C -3- is CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO' Honorable Mayor and Members of the City Commission (W- FROM: Cesar H. Odlo City Manager RECOMMENDATION: DATE 14 i ! V 41987 FILE: SUBJECT: Resolution Authorizing the City Manager to Execute an Agreement with Bayside Center Limited REFERENCEsartnership and Bounty-Bayside Joint Venture for the Bounty ENCLOSURESor City Commission Meeting of November 12, 1987 It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute an agreement, in substantially the form attached hereto, with Bayside Center Limited Partnership and Bounty-Bayside Joint Venture, permitting the ship Bounty to be moored and to operate from the eastern edge of Pier Park, which lies within the area leased to Bayside Center Limited Partnership under the retail lease executed January 14, 1987, as amended. BACKGROUND: The Department of Development recommends that the City Commission adopt the attached resolution authorizing the City Manager to execute an agreement, in substantially the form attached hereto, with Bayside Center Limited Partnership and Bounty-Bayside Joint Venture, permitting the ship Bounty to be moored and to operate from the eastern edge of Pier Park; which lies within the area leases to Bayside Center Limited Partnership under the retail lease executed January 141* 1987, as amended. On January 14, 1987 the City and Bayside Center Limited Partnership entered into the Retail Lease for the development of Bayside Specialty Center and the Garage Lease for the development of the Bayside Parking Garage; both of which were opened on April 8, 1987. On October 24, 19650 the City and Bayside Center Limited Partnership, entered into the Miamarina Agreement, as authorized by Resolution 85-929. adopted on September 12, 1985. In that Agreement; under Section 6 Moored Vessels, the City agreed to enter into a long term agreement with Bayside Center Limited 8 7-IL017 r Honorable Mayor and Members of the City Commission Page two 3. Partnership to permit the ship Bounty to be moored at and to operate from the Biscayne Bay seawall, that the agreement may provide for the reimbursement to the City of costs and expenses incurred by the City as a result of the operation of the Bounty from the seawall and that the terms and conditions will be reasonably satisfactory to the City Manager and Bayside. It is recommended that this item be considered at the City Commission Meeting of November 12. Attachments: Proposed Resolution Agreement i i 2