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HomeMy WebLinkAboutSubmittal-Samuel Dubbin-Cease and Desist Letter Packet RE Bayfront ParkDUBBIN KRAVETZ VIA EMAIL Hon. Mayor Francis Suarez and City Commissioners Keon Hardemon, Ken Russell, Willy Gort, Joe Carollo, and Manolo Reyes 3500 Pan American Way Miami, Florida Hon. Joe Carollo, Chairman Bayfront Park Management Trust 301 N. Biscayne Boulevard Miami, FL 33132 Submitted into the public record for item(s)p1-4• .3 on N- 13 - } , City Clerk . 01.2.6"S June 20, 2018 SAMUELI DUBBIN, P.A. DIRECT (305) 357-9004 sdubbined'ubbin kravetz.com Re: Demand By Downtown Miami Residents that the City of Miami and Bayfront Park Management Trust Cease and Desist Allowing Nuisance -Causing Mega - Events at Bayfront Park and on Biscayne Boulevard Dear AII: This law firm represents the following individuals who live at 50 Biscayne Boulevard or 200 Biscayne Boulevard Way in Downtown Miami, in the vicinity of Bayfront Park: Itai Benosh, Joy Prevor, Ken Schwartz, Victor Gadino, Santiago Peredo, Carmine Sorrentino, Rebecca Yu, Barry Duceman, Arlene Ramsingh, Luz Saldarriaga, and Pete Ellis ("Residents"). The Residents demand that the Trust and the City cease and desist allowing events with extremely high noise levels and late -night operations in Bayfront Park ("Park"), or on Biscayne Boulevard, due to these activities' harmful impacts on the Residents' health, quiet enjoyment of their homes, as well as the condition and value of their property ("Mega -Events"). r The Residents request that the BPMT and the City Commission consider this demand at their next scheduled meetings and respond to undersigned counsel with their decisions. These extreme noise Mega -Events constitute legal nuisances, and the City and the Trust have an obligation to the Residents not to allow such harmful activity on public land in the middle of a heavily populated residential community. In addition. the City's and Trust's current consideration of allowing Formula One racing in the Residents' neighborhood must account for - Under Section 38-104 of the City of Miami Code. the Bayfront Park Management Trust -shall have the power to do all things necessary to direct. manage, and maintain Bayfront Park, subject at all times to city commission approval and any existing contractual obligations." Therefore. this letter is directed to the Trust leadership and to the Mayor and City Commissioners as well. 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 371-44700 • FAX (305) 371-470i �f(,yv� 44 -S bin (�-1 a-� -S�a %fibre -32, o! �D Si s4- Lef)pAr_ui- :(- Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 2 Submitted into the lotto recor for item ,$) 4-4 on City Clerk data that F-1 race cars produce continuous noise, between 125-148 dB, that far exceed the 70-75 dB level recognized as the high end of the safe noise level. The Residents appreciate the recent statements by Commission Members acknowledging the severely harmful impacts these Mega -Events have on their rights and interests, and the need to restore Bayfront Park as an outdoor sanctuary for residents and visitors. As Commissioner Carollo stated at the June 14 Commission meeting: "If any of us lived there and had to go through what they live through, we'd be pretty upset, too.... What you have there is complete hell, half the time the park is closed, the noise level is crazy.... We have to make a decision on whether [Bayfront Park isj going to be a park or an entertainment venue." Commissioner Russell, in a published op-ed, stated: "Our parks are not profit centers — they are amenities for our residents to enjoy." It is now time for all City officials to coalesce around a new policy that rejects Mega -Events in Bayfront Park. The Residents' demand here is not only a call for more resident -friendly policies, it is a legal imperative. First, these Mega -Events violate the City's noise ordinances (Sections 36-1, 36-3, and 36-4), and the City has never enforced the law despite the obligation to do so. Further, under Florida law, "[a]nythina that annoys or disturbs enjoyment of private property rights, including excessive noise, is a legal nuisance and may be restrained." Town of Sur.fside v. County Line Land Co., 340 So.2d 1287, 1289 (Fla. 3d DCA 1977). Moreover, neither the BPMT nor the City Commission can authorize activities that constitute a legal nuisance. "An activity can constitute a judicially abatable nuisance notwithstanding full compliance with either legislation or administrative rule." Lake Hamilton Lakeshore Owners Assn, Inc., v. Neidlinger, 182 So.3d 738, 741 (Fla. 3d DCA 2015). As shown below, Mega -Events such as Ultra, American Ninja Warrior, Rolling Loud, and Formula One motorcar racing are, and would constitute in the future, legal nuisances that would be subject to legal action in the courts. The Residents demand that the City and the Trust not agree to allow such nuisances to be operated on the public's land in Bayfront Park and on Biscayne Boulevard, and that the City and Trust categorically prevent events that would expose Downtown residents to levels of noise in excess of 75dB.. A. Previous Mega -Events in Bayfront Park Exceed Accepted and Healthy Levels of Noise and Constitute a Nuisance. Mega -Events at Bayfront Park in the recent past such as Ultra, Rolling Loud, and American Ninja Warriors. have caused noise levels in excess of those documented to cause hearing damage, hypertension, anxiety, sleep deprivation, ischemic heart disease, tinnitus. temporary threshold shift, disruption of normal sleep cycles and its role in diabetes mellitus, property damage, and severe harms to the Residents' ability to function normally in their homes, DUBBIN' & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES. FLORIDA 33134 • TELEPHONE 1305) 371.4700 Submitted into the lh�;c• rec �rj for item(s) Mayor, City Commission, and Chairman, on'LjaA13—{ g City Clerk Bayfront Park Management Trust June 20, 2018 Page 3 which constitute a legal nuisance. These same harms have been inflicted on residents of other buildings on Biscayne Boulevard facing Bayfront Park. 1. Ultra. It is well-known that the Ultra Festival in 2012-2018 caused catastrophic levels of noise and negative impacts on the 50 Biscayne Building and its residents, clearly constituting a nuisance to the neighborhood. These highly negative impacts were documented in both a scientific survey, and in the experiences of 50 Biscayne Residents, some of whose experiences are noted below. a. BAC Sound Study. The management of the 50 Biscayne Condominium commissioned a sound survey by the sound engineering firm of Brooks Acoustics Corporation ("BAC"), which was conducted before, during and after the 2018 Ultra Music Festival on March 23, 24, and 25, 2018 at several locations at the 50 Biscayne building, including the pool deck and common rooms (101h floor), several management offices, Unit 2802 dining room and balcony, and the roof on the 551h floor. The full results of the Study were provided to the City Commission at its meeting on May 24, 2018, and are attached to this letter as well, as Exhibit 1. The study concluded: During the time that the Ultra Music Festival was operating, the rhythmic, thumping bass and drum sounds from the venue at Bayfront Park were plainly audible, distinctly noticeable, and highly intrusive above the ambient background. The sound survey show that the musical devices in use at the Ultra Music Festival events generated and emitted sound that can and did "disturb the quiet, comfort, or repose of persons in any dwelling, hotel, or other type of residence. (p. 1) In addition, the BAC survey reached several detailed conclusions documenting adverse effects of the Ultra sound on residents' health and property, such as: The objective data show that the disruptive nature of these significantly intrusive bass sounds can disturb the peace, quiet and comfort, and consequently seriously degrade the quality of life, and cause negative health effects for residents. (Page 2) The bass content intrusion greatly exceeds the criteria of 15 dB, known to result n widespread complaints. It also represents an over 150 /o/d increase in sound intensity in the bass frequency range above the background levels. This intrusion is like having a boom box in your living room for the entire day and evening. (Page 9) DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FL0R1DA 33134 • TELEPHONE 305) 371-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 4 Submitted into the public record for item s) l}(1- Olt City Clerk The A -weighted Ultra event sound level on the pool deck was 96 dBA. This is a level known to cause hearing damage. The overall intrusion level was 96 dBA — 57 dBA = 39 dBA. This intrusion also greatly exceeds the criteria of 15 dB, known to result in widespread complaints. This intrusion is like having a power saw operating in your living room for the entire day and evening. (Page 9) "These test results that the sound levels produced by the Ultra event are high enough and persist long enough to cause hearing damage for residents located at the Associations common elements, including the pool deck and on private property at the 50 Biscayne Condominium." (Page 14) These high measured sound levels consistently exceed the WHO health criteria of 70 dBA, ;vdiich indicates the likelihood that the Ultra noise will produce other negative health effects, related to hypertension and ischeniic heart disease, among other adverse outcomes. (Page 14) The noise induced vibration of windows and blinds and other building features such as light fixtures caused rattling to be noticeable. A comparison with criteria developed by NASA for the potential damage to housing structures due to rocket takeoffs show that the Ultra event can cause levels of noise which exceed the NASA guidelines. According to the NASA criteria, these high levels of noise are likely to vibrate nearby buildings, causing minor damage to the fixtures, finishes and possibly the structure. This- was confirmed by observations that the building was perceptibly vibrating during the Ultra event. Exhibit 1 (Bold type supplied). b. 50 Biscayne Resident Reported Experiences. The following experiences were offered by several of the individuals in whose name this letter is being submitted. as well as other neighbors. For example, Joy Prevor and her husband Itai Benosh moved into 50 Biscayne Unit 5202 in 2010, two years before Ultra relocated to Bayfront Park. That first year, 2012, "[the noise caused our windows and other fixtures to vibrate and rattle for hours every day, and made living in our home unbearable due to the constant noise, thumping, and vibrations that resulted in sleep deprivation, anxiety. and general exhaustion." They decided not to stay home for Ultra the following year. DUBBIN & KBAVETZ, 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Submitted into the public record for item s) City Clerk Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 5 However, in 2013, they had no option to Ieave because Ms. Prevor was in the third trimester of a high -risk pregnancy and could not travel. She writes: "Living in our apartment during those two weeks, which included six full days of vibrating cacophony that on most days lasted until midnight, was especially unbearable and caused a high level of sleep deprivation, anxiety, and exhaustion." Two weeks later, at her next OB doctor appointment, Ms. Prevor's blood pressure was found to be so dangerously elevated that she was immediately rushed to the hospital for an emergency c-section, more than 3 weeks before her due date. Victor Gadino describes the "unbearable noise level" at his apartment on the 33"d floor during Ultra. He writes: I'm a freelance illustrator and I work out of my apartment. I found it impossible to concentrate on my work with the constant pounding beat, screaming DJs and endless vibration of my windows. In fact, everything in my apartment was vibrating the entire three days. I had to ask my doctor if I could increase my blood pressure medication, because my head was pounding and my entire body felt stressed. 1 felt trapped with no escape. It was difficult to have visitors and I was uncomfortable even leaving my building. The streets were overcrowded with groups of ruckus drunk partygoers or stoned looking zombies with vacant eyes. I just didn't feel safe. It was very unpleasant and very ugly! [E]veryday I can see the destruction to the park's trees and bushes from all the public urination. In just 15 minutes from the pool level of 50 Biscayne I witnessed a dozen guys urinating on a row of bushes because they didn't want to wait on the bathroom lines.... Those very bushes now look almost dead. Barry Duceman and Arlene Ramsingh reside in Unit 3204 at 50 Biscayne. They write the following about their Ultra experience: The volume of the music generated during Ultra causes a continual stressful environment in our home. Throughout its duration, we are subjected to the full sonic blast of the concert. The sound permeates our living space and, as a result, our home becomes virtually uninhabitable. The volume generated by the multitude of speakers on the concert's seven sound stages is unbearable and makes it irnpossible to focus on any activity — whether it be work or play... . The noise generated by the actual concert would seem bad enough but the anxiety and stress cause by that event is heightened by the racket generated during the three weeks required to transform Bayfront Park into a concert venue and the two weeks needed after the event to tear the stages back own. That work, DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (30S) 371-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 6 Submitted into the pub record for item(s) City Clerk on both day and night, produces a lot of loud construction noise which adversely impacts daily life and frequently results in loss of sleep. Additionally, prior to the concert, we are subjected to frequent "sound checks," which occur intermittently without warning and are loud enough to startle. In summary, the noise generated by the three-day Ultra concert, along with that generated during weeks of setting up/tearing down the concert's stages, has a deleterious effect on the quality of our life and has the potential to damage our physical and mental health due to the accompanying loss of sleep, anxiety, and stress. Sara Arroyo resides at 50 Biscayne, Unit 3301, which she bought in 2015. As the "mother of two dogs," she describes the obstacle course she has to navigate over construction materials and closed and broken sidewalks for at least a month every year when Ultra is setting up. In addition, she writes, the vagrancy and noise from the Ultra concert itself is calamitous: Prisoner at my home for 3 days: The only times I can leave my apartment is to walk my dogs (which l have no other choice!). When doing so, I needed to request company of a 50 Biscayne guard, only because there are weirdos floating around everywhere (wish you had seen "The Revenant" men). The sad thing is that they usually don't leave immediately after Ultra ends, they are left roaming our streets for approximately 2 weeks later. Loud noise: It comes from everywhere, through my windows and walls. The music is so loud my windows shake consistently, caused panic attacks on my pinscher with an aftermath of almost 2 weeks after Ultra ends. Sick -making urine smell: For weeks after Ultra ends there is a terrible urine smell in the area where the latrines are located. The terrible smell is impregnated and you can't walk close to it without getting nausea. Great for the tourists! Ms. Arroyo also reports: "My property value has decreased 18% which is prohibiting me from selling and I have become increasingly frustrated with the lack of respect and consideration for the great community we have built in Downtown." b. American Ninja Warrior. The BPMT and the City expressly agreed to allow a nuisance to be perpetrated on the Residents in connection with the television show "American Ninja Warrior 10," by agreeing to unhealthy noise levels, and to allow the show to film in Bayfront Park from April 7 to April 16, 2018 all night long. Moreover, the Trust gave erroneous information to the public about the hours American Ninja would be allowed to film by stating the DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES. FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 7 Submitted into the public 3 record for item(s) on -i3- City Clerk program would only film until 11 pm on April 13 and 14, when in fact they held a large event with thousands of cheering spectators all night long and had "permission" to do so. This program involved large crowds and generated substantial noise during its filming. The Trust represented to the public, as shown on its web site, that the show would be flamed on April 13 and 14 between the hours of 8 pm to 11 pm, as shown in the Trust website screenshot,. attached as Exhibit 2. However, contrary to the Trust's public representations, the program ran and was filmed all night long on both nights, causing severe disruption to sleep for Residents of all ages. It turns out that under the BPMT's agreement with American Ninja Warrior's production company, the program was well within its "rights" to film all night, and the Trust's public representation that the filming would end at 11 pm was simply inaccurate. The agreement states: 2. EVENT AND USE PERIOD: The EVENT is the American Ninja Warrior 10, to take place at the PARK, from April 7 through April 17, 2018. Filming may occur- from April 7 to April 16 at varied times including over -night shoots. USER has warranted to the TRUST that in the filming there is a reasonable expectation of crowd noise without artificial amplification. Exhibit 3 (Bold in Agreement; Italics supplied). In fact, not only did American Ninja Warrior 10 film overnight on April 13 and April 14, it generated loud crowd noises as well as highly disturbing light shows throughout the evening. The City did not respond to any of the Resident's complaints about the overnight noise, nor the light disturbances. The Trust also appears to have agreed to a baseline level of unhealthy, nuisance -level noise by American Ninja Warrior. The agreement provides: 3.d. Sound Level: USER understands that the TRUST's sound policy establishes a maximum level of ] 10 decibels measured 60 feet away from each stage. Failure to cure each incident of sound level non-compliance within five (5) minutes of notification by Trust designee will result in a fine of $1000 per incident. Finally, the Trust, inexplicably, waived its right to enjoin the American Ninja Warrior producers from violating their agreement: Section 2 provides: "TRUST expressly waives any right it may otherwise have to seek injunctive or equitable relief, and in no event shall TRUST DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE 13051 371-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 8 Submitted into the public record for item, (�s'� on F I1. City Clerk seek to restrain, prevent, or otherwise restrict USER'S exploitation of the EVENT and any recordings thereof" There is no justification for abandoning the Trust's and the City's obligation to protect City residents. c. Rolling Loud. Rolling Loud's use of Bayfront Park in 2017 created unbearable levels of noise, causing Residents and others living on Biscayne Boulevard to suffer the same kinds of disruption and injury to their health and quiet enjoyment as documented with Ultra. Here are some examples of statements made by residents who responded to a petition circulated by representatives of several buildings surrounding Bayfront Park. The comments were placed into the City Commission meeting record on May 24, and are attached hereto as Exhibit 4. According to Eugene Walton: [M]y hearing of this event is from 'V2 mile away from the locaton. A far distance. One afternoon last Spring, many downtown residents experienced an assault. Accompanying the fresh air off the bay and the bright sunlight was a volume of noise and obscenity not to be imagined. It was so loud and it was so penetrating .... and it lasted a few days. Then there was the screeching of police and fire vehicles every few minutes. The Rolling Loud executives must have loved it. This opposition to this "festival" is not about taste in music, but about the level of acoustic noise and vile language that was punishment for the resients who live around this event. Last year on the same weekend as this punishment our new and long awaited Frost Science Museum opened with large numbers of families and their children in attendance. The noise from Rolling Loud was clearly audible to the crowds and many expressed dismay at what they heard. Young children should not have been exposed to what was being screamed. Jennifer Parker wrote: "These concert weekends destroy the beautiful parks that have improved dramatically over the last 6 years. They are a nuisance to all of us that live and work in the downtown area that pay a premium to be here. My building (and I am sure many others) is overwhelmed with non-residents that are in for the weekend that have no consideration or concern for the people and families that live here. In addition. the streets are littered with garbage. The influx of people under the influence of heavy drugs and alcohol is unsafe and undesirable for our growing city. The destruction of the Amphitheater during Rolling Loud this year caused expense to the venue and caused inconvenience to the residents. DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 9 Submitted into the public record for items} can According to Carmen Gamarra: "Having Ultra and Rolling Loud or any mega size concerts have forced me to leave the home to avoid unbearable noise, traffic, and alcohol/drug- related violence. Enough!!" Similarly, James Martindale wrote: "Ultra Fest and Rolling Loud, besides the unbearable noise, litter and rowdy attendees, physically makes our park off-limits for about 2 months a year if counting setup and cleanup." There are over 160 similar comments in the survey referencing the catastrophically high noise levels and devastating disruption of the Residents' quiet enjoyment from the mega -concerts held in the park in recent years. d. Formula One. The City's and Trust's current consideration of allowing Formula One racing in Downtown Miami raises additional concerns about creating a new nuisance which would imperil the health and well-being of Downtown residents, including the Residents and others who live on Biscayne Boulevard. Based on the extreme levels of continuous noise created by Formula One cars, which would occur for at least two hours a day over two or three days according to the information provided at public meetings by City officials and Formula One spokespeople. Formula One racing in Downtown Miami would constitute an abatable nuisance.` Based on publicly available medical, scientific, and industry publications. Formula One race cars produce continuous noise, between 125-148 dB, that far exceed the 70-75 dB level recognized as the high end of the safe noise level, and pose a substantial risk of damage to the hearing, not to mention the peace and quiet of the homes, of residents. For example. Chris Weller. writing for Medical Daily The Hill, in "Formula 1 Races Up To 8,500 Times Louder Than Recommended Daily Exposure Levels: Ear Plugs, Anyone?" reported: For Formula 1 fans. the mechanical squeal of passing cars is music to their ears — the approaching whine growing in intensity, peaking as their favorite driver whizzes by trackside and fading as the car snakes into the oncoming curve. While this experience is often considered as integral to the race as the cars themselves. 2 The extremely damaging levels of noise Formula One in Miami would inflict on Downtown residents, as well as other serious financial, environmental. and hurricane safety concerns, is described in a recent article in Floricla Politics. Ryan Nicol, "Questions linger as "Hurricane Formula One" bears down on Miami." June 19, 2018, http:lltloridapolitics,cumlarchivesl26658J-hurricane-formula-one-miami. City Clerk DUBBIN & KRAVETZ, LLP 1 E00 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE 1305} 371.4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust Tune 20, 2018 Page 10 Submitted into the public record for items) on 'f new research into the sport suggests the scariest part isn't the high speeds or hairpin turns; it's the noise... . Experts often warn against excessive exposure to loud noises, which can rupture ear drums. Noise is labeled in bels, with a decibel (dB) equal to one -tenth of a beg. The decibel is measured on a logarithmic scale, as a ratio, not a number, which means that 60 dB — the volume of normal conversation at a distance of three feet -- is 10 times louder than 50 dB and 100 times louder than 40 dB, or roughly the ambient volume of a library. The upper threshold for human hearing, when a noise starts to become painful, is around 130 dB, or 10 million times louder than normal conversation. Formula 1 races routinely hit 130 dB. City Clerk https://www.rnedicaldaily.comlformula-l-races--8500-times-louder-recommende daily-expoure- levels-ear-plugs-anyone-264326. According to audiologist Ken LaFerle, AuD.: Although entertaining, Formula 1 racing also brings with it the risk of noise -induced hearing loss. What is Noise -Induced Hearing Loss? Noise -induced hearing loss (NIHL) is caused by overexposure to loud sounds. This could be exposure to a single instance of intense sound, like an explosion or a gunshot, or extended exposure to continuous loud noise, such as loud music on headphones or power tools in the workplace. In some cases NIHL can be temporary while in others it is permanent. Sound is measured in decibels (dB). A generally safe decibel level for sound is around 75dB. It is unlikely that hearing loss will occur even with extended exposure at this level. Once you increase this level to 85 d13, however, hearing loss becomes a risk. The time it takes for hearing loss to occur depends on how loud the sound is — the louder the noise, the quicker you will experience hearing damage. How loud is it? - Normal conversation — 60 dB - Motorcycle — 95 dB - Front row at a rock concert — 120 dB - Formula 1 race car at full throttle — 147 dB As you can see, a Formula 1 race car is far above the 75dB safe zone, indicating that prolonged exposure is a risk for permanent hearing damage. Ken LaFerle, "Formula I and Noise -Induced Hearing Loss," Beltone Blog, March 11. 2015; https:J/blog.belltone.com/20I5/03/1 11fbrmula-1 and -noise -induced -hearing --loss. (Bold supplied). DUBBIN & KiAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 11 Submitted into the public , recor;tems3 on Acoustical engineer Craig Dolder, when he was doctoral student at the University of Texas at Austin, conducted a sound study at the Formula One Grand Prix in Montreal in June 2013. He reported his results to the 166`h Meeting of the Acoustical Society of America in December 2013. Commenting on Dolder's study, in The Ear Blog (veritashearing.com), Zaheer Rayasat reported: Measuring the noise at three different points on the track, he found that at its loudest, he measured close to 140dB, which is about as loud as a jet airplane from 100 feet. Keep in mind that the point at which hearing damage can occur is 85dB. That's much lower than you'd think. It's about the level where your smartphone tells you raising the volume any higher could damage your hearing. Also, decibels use a logarithmic scale meaning every 10dB rise is equivalent to a 100- fold increase in volume. Hearing damage can lead to tinnitus so that ringing sound you get in your ear after a loud event simply never goes away. Zaheer Rayasat, "What F 1 does to your hearing: Just how loud is a Formula 1 car?," http://www.veritashearing.comithc-ear-blog/how-loud-formula-l-car/, July 13, 2016. Also commenting on Dolder's study, Tia Ghose in "Formula 1 Racing Loud Enough to Damage Ilearing," in livescience.com, reported: Formula 1 racing is so loud that fans would have to wear both earplugs and earmuffs in order to enjoy the spectacle at safe noise levels, new research suggests. "Noise levels at Formula 1 are loud enough to potentially cause hearing loss," Craig Dolder, a doctoral candidate in acoustical engineering at the University of Texas at Austin, said at a news conference [on Dec. 4, 2013] at the 166th meeting of the Acoustical Society of America." [Dolder] measured the sound levels at three locations at a Formula 1 racetrack. He found that at the Ioudest spot, the peak noise levels were almost 140 decibels, or just below those known to cause permanent hearing loss. And, cumulative noise levels, or those sustained over a length of time, soared well above what the Occupational Safety and Health Administration (OSHA) considers safe for a normal workday. In some spots each lap of cars around the track put people above a safe level of daily noise exposure. People sitting at the noisiest location would get 85 times their daily noise dosage if they sat through an entire race with no ear protection. City Clerk DUBBIN & KRAVETZ, LLP eQ0 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305} 371.4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 12 Submitted into the public record for items ` rf on C Clerk � ■ Tia Ghose, "Formula 1 Racing Loud Enough to Damage Hearing," hups://www.livescience.corn/41684-formula-l-racing-noisy.html. Finally, recent news reports indicate that Formula One intends to make their cars even noisier in the future, which would exacerbate all of the negative impacts noted above. For example, F-1's "motorsports" boss Ross Brawn was quoted as follows: "The objective is to dune a set of regulations which will provide a powertrain that is simpler, cheaper and noisier," he continues. "To excite, engage, and awe fans of all ages but to do so in a sustainable manner. We believe that the future power unit will achieve this." says Formula 1's motorsports boss, Ross Brawn. https://www.topgear.com/car-news/motorsportlformula-1 -could-be-getting-noisier (Emphasis supplied). B. Excessive Noise from Mega -Events Violate the City Code and Constitutes A Legal Nuisance and. Which Cannot Be Legislatively or Administratively Authorized. 1. The noise generated by Mega -Events Violates the City Code. The first and most obvious legal point to be made is that the noise created by Ultra, American Ninja Warrior, and Rolling Loud, and that would be created by Formula One, violate several provisions of the City Code protecting residents from excessive noise in the City, yet the City has consistently failed to enforce its laws. The City Commission's supposed authorization of these Mega -Events does not create an exception to the City's enforcement obligation. In particular: Sec. 36-1. - Unnecessary, excessive or unusual noises —Generally. It shall be unlawful to make any loud, unnecessary. excessive or unusual noise in the city. Sec. 36-3. - Loud or boisterous noises generally. No person shall create any loud or boisterous noise which may annoy persons on any street or sidewalk or in any building adjacent thereto. Sec. 36-4. - Operation of radios, phonographs or other sound -making devices; bands, orchestras and musicians —Generally; exemption. DUBBIN & KRAVE.1 , LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 13 Submitted into the ublilc 3 record for item(s) s $ T_._� City Clerk (a) It shall be unlawful for any person owning, occupying or having charge of any building or premises or any part thereof, in the city, at any time to cause or suffer or allow any loud, unnecessary, excessive or unusual noises in the operation of any radio, phonograph or other mechanical sound -making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the music of any band, orchestra, musician or group of musicians, where the noise or music is plainly audible at a distance of 100 feet from the building, structure, vehicle or premises in which or from which it is produced. The fact that the noise or music is plainly audible at a distance of 100 feet from the vehicle or premises from which it originates constitutes prima facie evidence of a violation of this chapter. (b) The city commission may declare an exemption from the prohibitions contained in paragraph (a) above and declare them inapplicable on special occasions by resolution. Note that the City Commission has never, to our knowledge "declared an exemption from the prohibitions" in Section 36-4(a) so as to relieve the Mega -Events' sponsors from enforcement. In any event, there is no Code provision allowing any "exemption" from Sections 36-1 and 36-3. The only way these provisions can be enforced is for the City to disallow future events which violate the law as an essential part of their basic business model. 2. Florida Courts will enjoin the operation of a nuisance that interferes with residents' quiet enjoyment of their homes. As noted above, under Florida law, "[a]nything that annoys or disturbs enjoyment of private property rights, including excessive noise, is a legal nuisance and may be restrained." For nearly a century, the Florida Courts have recognized their responsibility to protect residents from being subjected to excessive levels of noise by outside sources. be they governmental or private activities. In BartleR v. Moats. 120 Fla. 61 (1935), for example. the Florida Supreme Court upheld an injunction against the very same kind of outdoor entertainment that created a nuisance for residential neighbors that the Residents here are asking the City and the Trust to prevent in the future, an "open air dance pavilion" that was locateci in the middle of a residential neighborhood, with loud music and dancing long into the night. The defendant began operating "an open air dance pavilion at which a large number of patrons congregated to dance and drink, with music from a band or orchestra, beginning at 9 pm and continuing until 1 and 2 o'clock the next morning." The Court further described the scene: DUBBIN 8z KRAVETZ, LLP 13OO ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE {3Q51 37 r-470O Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 14 Submitted into the . 1 tic rec r� for item(s) on The noise made by the orchestra, patrons, dancers, and cars is continuous from the time the orchestra begins to play until it stops (from 9 pm to 1 or 2 am) and can be heard plainly in the homes of the plaintiffs to such an extent that it seriously affects the comfort of the plaintiffs in their hornes and prevents plaintiffs from sleeping at the time when it is customary for them to retire. The establishment and maintenance of the said ballroom and dance pavilion greatly depreciates the value of the plaintiffs' homes for residential purposes and prevents the sale thereof at their real value. City Clerk Id., at 64. In affirming the trial court's injunction against the dance pavilion, the Florida Supreme Court held: That mere noise may be so great at certain times and under certain circumstances as to amount to an actionable nuisance and entitle the party subjected to it to the preventive remedy of the court of equity is thoroughly established. The reason why a certain amount of noise is or may be a nuisance is that it is not only disagreeable but it wears upon the nervous system and produces that feeling which we call "tired." That the subjection of a human being to a continued hearing of loud noises tends to shorten his life is, I think, beyond all doubt. Another reason is that mankind needs both rest and sleep, and noise tends to prevent both. Id., at 67. The Court in Bariled( added: The noise of musical instruments kept up for such periods of time and at such hours of the day or night as to he really annoying to persons of ordinary sensibilities or that produces other actual ill results is a nuisance and any noise, whether of musical instruments, the human voice, discharge of guns, or however produced, that draws together in the vicinity of a person's residence or place of business large crowds of noisy and disorderly people is a nuisance. Id., at 69-70, quoting 1 Wood on Nuisance, p. 840, §632. The Florida courts' long-standing protection of the sanctity of one's right to quiet enjoyment of one's home mirrors well -established United States Supreme Court precedent. As recently as 1989, the Court held: Despite respondent's protestations to the contrary, it can no longer be doubted that government "ha[s] a substantial interest in protecting its citizens from unwelcome noise. . . . This interest is perhaps at its greatest when government seeks to protect "the well-being tranquility, and privacy of the DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE 13Q5) 371-47QQ Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 15 Submitted into the pu record i4Xs} vy )-- City Cleric home," ... but it is by no means limited to that context, for the government may act to protect even such traditional public forums as city streets and parks from excessive noise. Ward v. Rock Against Racism, 491 U.S. 781, 796 (1989). In City of Miami v. City of Coral Gables, 233 So.2d 7 (Fla. 3d DCA 19970), the Third District Court of Appeal acknowledged the governing rule that a court will restrain a nuisance caused by a neighboring property owner, when it affirmed the trial court's injunction against a City of Miami incinerator that caused tangible harm to nearby Coral Gables residents: The underlying principle supporting the law of nuisance has been succinctly stated in the case of Jones v. Trawick, F1a.1953, 75 So.2d 785, 50 A.L.R.2d 1319. wherein the court stated: 'This court recognizes that the law of private nuisance is bottomed on the fundamental rule that every person should use his own property as not to injure that of another 'Anything which annoys or disturbs one in the free use, possession, or enjoyment of his property, or which renders its ordinary use or occupation physically uncomfortable, is a 'nuisance' and may be restrained.' 233 So.2d at 9. See also Town ofSurfside v. County Line Land Co., 340 So.2d 1287, 1289 (Fla. 3d DCA 1977)(Enjoining operation of town dump, holding `'A resident in the vicinity of the dump also testified concerning the foul odors coming from the dump and fly infestation. Thus, we conclude that there is sufficient evidence to support the chancellor's determination that there is an obnoxious situation at Surfside's dump and 'that situation interferes and affects directly the health, safety, and welfare of the surrounding residential neighborhood as to the people and the environment.'"). In the City of Miami v. Coral Gables, the harms inflicted on the injured residents from the smoke, ash, and smells from the incinerator resemble the harms imposed by the high noise levels caused by the mega -events in Bayfront Park. The Third District affirmed the trial court's injunction, and observed: The record on appeal contains testimony from citizens participating in this law suit as to smoke, odors, ash and soot failing on their properties. They further testified as to the inconvenience of being awakened by noxious smells from the smoke and burning garbage being emitted by the incinerator. The evidence shows DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES. FLORIDA 33134 • TELEPHONE (3051 371-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 16 Submitted into the tnzblii f. 3 recor for it s} on -13'( City Clerk that ashes and other particulate matter fell upon their persons and property, and some expressed having experienced physical discomfort therefrom. The numerous tests conducted, treated infra, graphically demonstrated the degree of severity with which this incinerator was violating their property rights or their persons. We commend the chancellor when he stated in his final judgment: 'This court will not stand idly by while citizens are required to endure the existence of a nuisance until such time as those responsible for remedying it discharge their responsibilities. '' * * (The Court finds) that the operation of the City of Miami's incinerator No. 2, located in Coconut Grove constitutes both a public and private nuisance; and that continued operation of the incinerator would constitute a continuing nuisance to the plaintiffs.' Id., at 10. Similarly, any further permission by the City for mega -events in Bayfront Park or on Biscayne Boulevard that allow for sound at the levels that cause harm to the health, quiet enjoyment, emotional well-being, and property of the Residents and others who live Downtown would subject the City to legal action. In addition, the law of nuisance protects residents such as those living at 50 Biscayne, and other buildings near Bayfront Park, and overcomes any argument by the City of Miami that the "benefits" of mega -events in Bayfront Park to the entire City outweighs the focused harms on the particular residents on whom the burdens actually fall. As the Third District also held in City ref Miami v. City of Coral Gables: [T]he City of Miami also wished the court to consider evidence pertaining to `* * * the relatively small inconvenience to the shall number of complaining citizens of Coral Gables versus the inconvenience of gigantic proportions to the great number of citizens served by the incinerator * * *.' We find that the court properly followed and applied the principles of law as they were stated in the leading case of the State ex rel. Harris V. Lakeland. 141 Fla. 795. 193 So. 826, wherein the court stated: 'Ifa public nuisance is conclusively proven, the responsibility will be on the city to remove it. This it may do by modernizing its present sewage disposal facilities or by providing additional ones. It cannot plead poverty or inability to remove a nuisance created by it that has become deleterious to the public health., DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 17 Submitted into the pub'' record for item( an City Clerk Id., at 12. In Town of Surfside, the Third District also held: "The interference with the enjoyment and value of private property rights is a special injury justifying a suit by a private individual to enjoin the nuisance." 340 So.2d at 1289. In Lee v. Florida Public Utilities Co., 145 So.2d 299 (Fla. 1s1 DCA 1962), the First District Court of Appeal held that the issue in determining whether "one operating a business in an industrial area is guilty of maintaining an actionable nuisance is the rule of reasonableness. - . . Those who own real estate may use it as desired so long as the rights of others are not thereby invaded." In Lee, the plaintiff was a neighbor who ran a business and lived "adjacent or in close proximity to" a multi -faceted business operation, which included mobile electrical generating units operating from three railroad boxcars, using diesel fuel. The Court held the following evidence of damage "made out a prima facie case of nuisance," such that the trial court erred in directing a verdict for the defendant: The fumes from the fuel used to power these units are emitted from the openings in the top of the boxcars through relatively short smoke stacks. Thenoise resulting from the operation of these mobile units is so intense that plaintiff is unable to transact business with his customers in a normal fashion, for in order to communicate it is necessary that they shout at each other in order to he heard. The noise is so loud that plaintiff and his family are unable to sleep at nights, which condition has had an adverse effect upon their health. At certain periods of the day and night the odors from the fumes exhausted by the mobile units become extremely strong and highly noxious. The operation of the generating units causes the surrounding land to vibrate in such a marked degree as to shake the springs of the beds on which plaintiff and his family sleep, as well as rattle the windows in the house and the dishes in the cupboard. 145 So.2d at 300-01 (Emphasis supplied). The Court in Lee added: As said by the Supreme Court of Florida in the Cason case, "all property is owned and used subject to the laws of the land. Under our system of government property may be used as its owner desires within the limitations imposed by law for the protection of the public and private rights of others. ld., at 301. Contrary to these principles the Trust and the City have allowed public land - owned in pail by the Residents as taxpayers - to be used by non -taxpaying private entities, for private profits, who inflict serious harm to the Residents' health, safety. and property rights. The Trust's and City's past practices have inverted the proper allocation of rights and protections under the law, and that moral and legal inversion must not continue any longer. DUBBIN & KRAVETZ, LLP /200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES. FLORIDA 33134 • TELEPHONE (305) 37l-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 18 Submitted into the public record for items} H. on [ 311 City Clerk 2. Neither the BPMT nor the City Commission can authorize activities that constitute a legal nuisance. The fact that the City Conunission, or the BPMT, decides in their legislative or administrative capacities to "allow" Mega -Events such as Ultra, Rolling Loud, American Ninja Warrior, or Formula One Racing, despite the nuisance those activities impose on nearby residents, does not insulate the City, the Trust, nor the activities from the protections extended by Florida law against nuisances. As the Courts have repeatedly held: "An activity can constitute a judicially abatable nuisance notwithstanding full compliance with either legislation or administrative rule." Lake Hamilton Lakeshore Owners Ass'n, Inc., v. Neidlinger, 182 SO.3d 738, 741 (Fla. 3d DCA 2015)("enjoining commercial airport tours that generated noise levels up to 100-110 dB, in lake surrounded by homes, "which noise levels are extreme and create an unreasonable loss of enjoyment for numerous residents" around the lake.); Ervin v. Alvarez, 752 So.2d 1261 (Fla. 2d DCA 2000)(noise created by defendant's chickens constituted a nuisance and would be enjoined even if defendant limited the number of chickens in compliance with the county ordinance). The Third. District Court of Appeal, in State ex rel. Gardner v. Sailboat Key, Inc., 295 So.2d 658, 662 (Fla. 3d DCA I974)(on rehearing) agreed that "a given activity may constitute a judicially abatable nuisance notwithstanding its compliance with a municipal ordinance." 3. Conclusion. The named Residents, on behalf of themselves and others similarly situated, hereby demand that the City and the Bayfront Park Management Trust cease and desist from approving any further Mega -Events in Bayfront Park or on Biscayne Boulevard adjacent to residential buildings in Downtown Miami, and to disallow future events that would expose Downtown residents to levels of noise in excess of 75dB. 1 would be happy to discuss this communication with the City's or Trust's attorneys at any time. PLEASE GOVERN YOURSELVES ACCORDINGLY Res ctfully Samuel J. Du11, in, P.A. Dubbin & Kravetz, LLP cc: Emilio Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Jose Gel], Acting Executive Director, Bayfront Park Management Trust DUBBIN & KRAVETZ, LLP 1200 ANASTA51A AVENUE • SUITE 300 • CORAL GABLES. FLORIDA 33134 • TELEPHONE (305) 371-4700 Submitted into the public record for item�� on V City Clerk EXHIBIT 1 Submitted into ther on CM"'ttcord for m City Clerk Brooks Acoustics Corporation Mr. ltai Benosh Board Member and Treasurer 50 Biscayne Condominium Association, Inc. Treasurer, Downtown Neighbors Alliance, Inc. 50 Biscayne Boulevard Miami, FL 33132 Subject: Ultra Music Festival Sound Survey Tests Dear Mr. Benosh: 49 N. Federal Hwy Pompano Beach, FL 33062 754.229.1450 21 May 2018 PJ2018-1252-L01 As requested, Brooks Acoustics Corporation (BAC) has conducted an acoustical engineering sound survey to measure the sound levels that are emitted by the Ultra Music Festival (Ultra) located at Bayfront Park near the 50 Biscayne Condominium and other residential buildings that are part of the Downtown Neighbors Alliance. Sound monitoring was conducted before, during and after the Ultra events, from the evening of Thursday, March 22, 2018 to the morning of Tuesday March 27, 2018. The Ultra event was open to the public from Friday, March 23 to Sunday, March 25. However, considerable activity occurred in Bayfront Park and the surrounding area for many days before and after, including construction of the stages, sound tests and tear down of the festival equipment afterward. For this study, continuous sound monitoring at three (3) separate outdoor locations was conducted in the 50 Biscayne residential building. These included the Pool Deck (10th floor), the Unit 2802 balcony, and the Roof (55° floor). In addition, short term tests at various indoor locations were conducted during the Ultra Festival operating hours, and also when the Festival was not operating for direct comparison. These included the Pool Deck informal party room, Unit 2802 dining room, and several management offices. A focus of the testing was to measure broadband sound, in particular the low frequency (bass, thumping) sounds that are emitted by the multiple electronic dance music (EDM) disk jockeys (DJs) at the Festival. During the entire time that the Ultra Music Festival was operating, the rhythmic, thumping bass and drum sounds from the venue at Bayfront Park were plainly audible, distinctly noticeable and highly intrusive above the ambient background. The sound survey results show that the musical devices in use at the Ultra Music Festival events generated and emitted sound that can and did "disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence." BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 2 Importantly, the objective sound measurements obtained during this survey demonstrated that the low frequency rhythmic bass and drum thumping sounds generated by the Ultra events constitute a substantial intrusion which penetrates well above the ambient background. The objective data show that the disruptive nature of these significantly intrusive bass sounds can disturb the peace, quiet and comfort, and consequently seriously degrade the quality of Iife, and cause negative health effects for residents, and minor vibration induced damage to the buildings in the proximity of the Ultra events. The sound survey tests are summarized herein. Sound Level Standards Community Noise Standards Many communities have determined that excessive noise is detrimental to the quality of life of their citizens. Therefore, they have enacted standards which protect the health, safety and welfare of their community with regard to noise. An example of such a standard is given by the World Health Organization (WHO).1 The sound level limits in the WHO guidelines have also been adopted by many communities in the United States. The WHO guidelines state that to protect a majority of people from being seriously annoyed during the daytime, the sound pressure level on balconies, terraces and outdoor living areas should not exceed 55 dB LAeq (55 dBA average level) for a steady continuous noise. At night, sound pressure levels at the outside facades of the living spaces should not exceed 45 dB LAeq (45 dBA average level) and 60 dB LAmax (60 dBA maximum), so that people may sleep with bedroom windows open. In addition, standard criteria have been developed for the design and practice of outdoor concert venues.2 These criteria state that to minimize the impact on outdoor concert neighbors the occasional sound interference from the concert should not exceed the ambient background sound level by more than 5 dB. If this difference exceeds 15 dB, then the concert facility will be generally audible with widespread complaints. Hearing Conservation Standards The US Centers for Disease Control (CDC) through the National Institute for Occupational Safety and Health (NIOSH) has developed standards for limiting noise exposure that can cause hearing damage. The NIOSH recommended exposure limit (REL) for occupational noise exposure is 85 decibels, A -weighted, as an 8-hour time -weighted average [85 dBA as an 8-hr TWA].3 It is well known that hearing damage is a cumulative effect that occurs for exposure to high sound levels over a period of time. The level of the sound exposure is related to the amount of time before damage occurs. The higher the level, the shorter the time before damage. According to NIOSH, the amount of time is cut in half for every 3 dB increase in sound level. Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 BAC PJ2018-1252-L01 - 50 Biscayne - Ultra sound survey Page 3 Health Effects Standards High levels of noise are known to be biological stressors. Numerous studies show that additional negative health effects can be caused by the high noise levels produced by the Ultra events. These negative effects include sleep deprivation, hypertension, cardio-vascular disease, and other adverse outcomes.¢• 5 The sound levels which can cause these negative effects are generally less than those which cause hearing damage, but greater than those that cause annoyance. There is sufficient evidence to show that continuous sound levels above 70 dBA can cause hypertension and ischemic heart disease. Noise Induced Vibration Standards Criteria were developed by NASA to assess the potential of noise induced damage to housing structures due to rocket takeoffs.' These criteria compare measured noise levels to a set of criteria curves to determine the vibration induced in housing structures ranging from windows to walls to floors. Noise induced vibration can range from annoying rattles to levels which may cause minor damage to buildings. Intrusiveness and Acceptability Standards Many recent studies using the science of soundscape analysis have been conducted. These have determined that what people find acceptable in terms of sound depends on the context of that sound to their living situation, and the meaning that it may have to their lives.' If people think that a given sound is appropriate to the context and provides meaning, then it is considered to enhance their well- being and be acceptable. If not then the sound is out of place and it will be considered intrusive. For example, a hand-held electric drill or saw (100 dBA) is considered acceptable on a construction site, but not in a quiet restaurant dining room. A normal conversation nearby (-65 dBA) is considered acceptable in a coffee shop, but not in a library. Generally speaking, activities which produce high levels of sound that are out of place to the context which they are in will be considered intrusive, and will likely cause annoyance. 1 Guidelines for community noise / edited by Birgitta Berglund, Thomas Lindvall & Dietrich H. Schwe&a. Geneva: World Health Organization. 1999. 2 Hot topics in noise. (Interdisciplinary Hot Topics) ASA 141 st Meeting, Chicago, June 2001, J. Acoust. Soc. Am. 109 (5, pt. 2), 2424. 2000 3 US Dept. of Health and Human Services (NIOSH) Publication No. 98-126. 1998 4 Noise Exposure and Public Health, Willy Passchier-Vermeer and Wim F. Passchier, Environmental Health Perspectives Vol 108, Supplement I, March 2000 5 Babisch. Stress hormones in the research on cardiovascular effects of noise. Noise Health 5:1-11. 2003. 6 Hubbard & Shepherd. J. Acoust. Soc. Am. 89 (6). 1991 & NASA TM-83288 7 Brooks, Schulte-Fortkamp, Voigt & Case. Exploring Our Sonic Environment through Soundscape Research & Theory. Acoustics Today. Winter 2014. Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 4 So the tests conducted on between 22 March and 27 March had a focus to determine whether or not generated sounds from the Ultra events were contained sufficiently within Bayfront Park such that they would not disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. These tests had a purpose to determine the level of noise intrusion created by the Ultra events. Recent advances in technology have enabled the measurement of the noise intrusion of outdoor entertainment events on communities. This capability is discussed in detail in the Data Analysis section of the report, below. Further, the tests also were conducted to determine if the Ultra events could cause adverse hearing or health outcomes. Sound survey test procedure A sound survey was conducted at locations in the 50 Biscayne Condominium building, directly across Biscayne Boulevard from the Ultra event site between the evening of Thursday, 22 March 2018 and the morning of 27 March 2018. The surrounding area includes residential uses. These surveys were conducted by Bennett Brooks of BAC. Field measurements of sound levels were performed in accordance with the requirements of accepted standard methods of environmental sound measurement. Two types of sound survey tests were conducted. Continuous long term sound tests were conducted using sound level analyzers which were installed at three (3) locations for this survey. The long term tests measured and logged the sound level characteristics and the recorded the sound at those locations for periods of time which ranged from about 31/2 to 41/2 days during the Ultra event. The other type of tests were short term sound surveys at mobile locations at and around the 50 Biscayne Condominium. For those short term tests, a handheld sound analyzer was transported to each of four (4) locations and mounted on a tripod. Sound test records at these location were made for time periods which ranged from about 2 to 60 minutes. The long term and short term sound survey test positions were selected at locations in the 50 Biscayne building near the Ultra event venue which fairly represent the baseline and event sound with respect to nearby residences. All of the test locations were on the east side of the building facing Bayfront Park, the venue for the Ultra events. The long term survey test positions were located as follows: L1. On the balcony of Unit 2802 L2. On the roof (55th floor) L3. On the pool deck near the informal party room Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach. FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 5 The long term survey test positions bracket the various levels in the building where residents live. The pool deck on the 10th floor represents the residents on the lower levels just below and above that height. The position on the Unit 2802 balcony represents the mid -level residents, and the roof position represents the residents on the upper levels. The short term survey test positions were located as follows: 1. In the living 1 dining room of Unit 2802 2. In the Management offices of the building (Blanca's office) 3. In the Management offices of the building (Tish's office) 4. In the informal party room All test locations directly faced the Ultra event venue. Short term Position 1 (Unit 2802 living / dining room) and Position 4 (informal party room) were directly adjacent to the corresponding long term survey locations, for a direct comparison between the outdoor and indoor noise exposure from the Ultra event. The microphone height at each test position was 5.3 feet. Photographs of the 50 Biscayne building, showing its relation to the Bayfront Park site of the Ultra events, and of the test site and survey positions are given in Figure 1. The sound tests were conducted between the evening of Thursday, 22 March 2018 and the morning of 27 March 2018. The temperature at 4:12 pm, 23 March 2018 was 71 degrees F, with a relative humidity of 37%. The wind was variable at 0 to 3 mph at each outdoor (long term test) microphone location. The sky condition was partly cloudy. The temperature at 12:55 pm, 24 March 2018 was 72 degrees F, with a relative humidity of 45%. The sky condition was partly cloudy. Temperatures at the indoor locations generally ranged from 71 to 80 degrees F. Microphone windscreens were used to minimize the effects of wind on the test. Wind conditions were monitored using an anemometer. The wind was calm or light, and within acceptable speeds at the microphone locations during the test surveys. The wind speed started to increase on 24 March, so two of the long term test monitors were relocated to avoid the wind. About 2 pm, 24 March long term test Monitor 1 on the Unit 2802 balcony was moved from the balcony rail to a position closer to the wall. The wind speed at that time was about 4 to 7 mph at the rail, and about 0 to 2 mph closer to the wall. About 12 pm, 24 March long term test Monitor 3 on the pool deck balcony was moved from the balcony rail on the northeast corner to a position closer to the east wall (Monitor 3A). The wind speed at that time was about 8 to 11 mph at the rail, and about 1 to 4 mph closer to the wall. Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 6 Long term test Monitor 2 on the roof remained at its position throughout the survey. The wind speed at 3 pm, 24 March was about 1 to 5 mph at the microphone location. The long term test field acoustic measurement systems were digital (Type 1) integrating logging sound level analyzers (Rion NL-52). These systems had microphones which were mounted on a tripod and wired to the sound analyzer placed in a weather tight, locked box. These systems were used to record sound levels and the sound waveforms at the long term test positions. The short term test field acoustic measurement system was a digital (Type 1) integrating logging sound level analyzer (Norsonic Nor140). The hand-held analyzer system was mounted on a tripod and was transported to each field survey test position in sequence. This system was used to record the sound levels and the sound waveforms at the short term test positions. The field acoustic measurement systems were calibrated with equipment directly traceable to the U.S. National Institute for Standards and Technology (NIST). The nominal accuracy for these measurement systems is ± 1.5 dB. Calibration certificates for these instruments are available upon request. The acoustic measurement systems were field calibrated before and after the sound test surveys to confirm accuracy and proper data acquisition. A listing of the test instrument components is given in Table 1. The acoustics measurement test protocol for the each instrument system was set to ANSI standard A -weighting (human hearing) and Z-weighting (unweighted) for frequency, with slow and fast time weighting. The short term test periods were about 2 to 60 minutes in duration. The long term test periods were from about 3 1/2 to 4 1/2 days in duration. The internal clock of each analyzer was synchronized with the NIST atomic clock to within a tolerance of 1 second. During these tests, the test instruments continuously recorded the sound level every second and computed the energy average level. Also, the instrument stored statistical and spectral acoustic parameters for the test period, updating those values every second. During the sound test survey, observation logs and notes were written identifying test procedures and also significant sound generating events and sources. Also, during this test survey, weather conditions were documented and include: temperature, relative humidity, wind speed and direction, and sky cover. Acoustical test equipment operating parameters were recorded by the measurement systems. Data analysis In this analysis, measured sound levels are given in terms of standard decibels, or "dB" These sound levels were both unweighted (linear) and also A -weighted. Sound level measurements which apply A -weighting are designated by the symbol "dBA". A -weighting mimics human hearing and removes much of the low frequency (bass) part of the sound signal. Further, sound temporal (time history), statistical and spectral information were analyzed. Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 BAC PJ2018-1252-L01 -- 50 Biscayne — Ultra sound survey Page 7 Time history analysis Detailed sound test results for each baseline ambient sound survey are given in the form of a Time History Chart, which shows the change in sound level over time for each test record. Time history analysis of sound data can be very helpful for understanding the character of the tested acoustical environment. Simply stated, the sound level time history indicates the sound level that is measured at any given moment of time during the test period. In this analysis, the sound time history for the test is represented by a chart showing how the measured sound levels varied with time. A steady sound such as a constant fan will appear to be more of a flat line on the chart, while variable sounds such as passing vehicles will appear as a series of peaks and valleys on the chart. Statistical analysis Measured sound survey data are presented in terms of statistically derived sound level parameters, in order to quantify the background sound level at the property. For a particular test period, sound levels may fluctuate due to the variation of sound source signals which are received at that location. In the case of these sound surveys, sound level fluctuations occurred due to variations in the Ultra event music sources, and also during times when the music was not present, to nearby or distant machinery, road traffic and aircraft. Also, an analysis was conducted to provide statistically derived acoustic data quantities, in a similar way for each short term test record. These statistical quantities are useful for characterizing environmental sound in terms of its steadiness, or variation with time. An example of a statistically derived quantity is the Loi level, also called the L1 level. This is the sound pressure level that is exceeded 1 percent of the time over the duration of the data sample period. The Loi level is defined as the intrusion sound level. Another example of a statistically derived quantity is the L90 level, also called the L90 level. This is the sound pressure level that is exceeded 90 percent of the time over the duration of the data sample period. The L90 level is defined as the ambient background sound level. Note that the L1 intrusion level represents the noise levels near the peaks, while the L90 background level represents the sound levels near the valleys over the survey period. Standard design criteria for outdoor entertainment facilities dictate that the noise intrusion on communities be measured by the difference between the occasional noise interference level, which occurs 1 percent of the time (L1), and the background ambient sound level (L90). For the criteria of L1 minus L90, the following results may be expected: L1 — L90 less than 5 dB: Facility rarely audible with minimal complaints. L1 — L90 between 5 and 15 dB: Facility sometimes audible with significant complaints. L1 — L90 greater than 15 dB: Facility generally audible with widespread complaints. Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 8 These objectively defined criteria may be applied to the measured data to determine the intrusion of the noise generated by the Ultra Event. Spectral analysis — 113 Octave Bands Included in this report are spectral sound data. These data are the result of a spectral analysis of the measured sound. In this analysis, the measured sound of the test record is divided into bands, known as 1/3 octave bands, which range from low frequency (bass) to high frequency (treble) sounds. The sound levels associated with each of these frequency bands can be shown on a spectrum chart ranging from low pitch on the left to high pitch on the right, similar to the arrangement of a piano keyboard. The Ultra Event music program material was rich in percussion and bass low frequency content. Therefore, a spectral analysis is useful in identifying the low frequency content of the sound survey test data. Based on hearing science, music production practices and loudspeaker design standards, the range of frequencies for bass content can be determined. For the purposes of this study analysis, the bass content of each test record is defined as the sum of the sound energy in the 1/3 octave bands from 40 Hz to 125 Hz inclusive. Further, the statistical criteria which determine the degree of noise intrusion (based on L1 — L90),. as described above, were applied to both the overall (A -weighted) sound level and to the law frequency (bass) content of the sound from the Ultra Festival. Sound survey analysis The sound survey results are given by presenting the test data in the form of summary tables, time history charts and spectral charts, which all include sound frequency and statistical analyses of the data. Test Summary Tables A summary of the sound survey test data is given in Table 2. The sound level data are shown for each test position, along with observations made during the test record. The data for the short term test position is given in Table 2a. This table shows the L1 noise intrusion levels for each test, which are characterized as the LA1, A -weighted intrusion level and the L1-Bass, bass content intrusion level. During the Ultra event at 11:25 pm on 3/24 the sound levels for the test at Position 1, inside the Unit 2802 living / dining room, were measured. The background sound level was measured at 1:50 pm on 3/23, before the event started that day. Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 9 The bass content (L1-Bass) sound level due to the Ultra event was 91 dB. This music level was significantly higher than the L90 background bass content level, which was 48 dB. These data indicate that the bass intrusion at this location was extremely high at 43 dB. This bass content intrusion greatly exceeds the criteria of 15 dB, known to result in widespread complaints. It also represents an over 150 fold increase in sound intensity in the bass frequency range above the background levels. This intrusion is like having a boom box car in your living room for the entire day and evening. The A -weighted overall intrusion level was 64 dBA — 32 dBA = 32 dB. This intrusion also greatly exceeds the criteria of 15 dB, known to result in widespread complaints. 2 5 Similar results are seen for the long term test locations on the Pool Deck, Position 3 (NE corner) and Position 3A (E side). One hour averages were compared for this outdoor location. The Ultra event sound levels were taken on 3/24 at from 11 pm to 12 midnight. The background sound levels were taken after the event had closed on 3/26 during the same hour of the day. The Ultra bass sound level was extremely high at 118 dB. The bass intrusion was 49 dB. The A -weighted Ultra event sound level on the pool deck was 96 dBA. This is a level known to cause hearing damage. The overall intrusion level was 96 dBA— 57 dBA = 39 dB. This intrusion also greatly exceeds the criteria of 15 dB, known to result in widespread complaints. This intrusion is like having a power saw operating in your living room for the entire day and evening. Similar results are shown for the long term test locations, in Tables 2b, 2c and 2d. The magnitude of the Ultra event music bass intrusion was very significant, from 40 to 49 dB. The magnitude of the Ultra event music A -weighted intrusion level was also very significant, from 31 to 42 dB. The test results from these tests consistently show high levels of noise intrusion to the nearby residents, which can "disturb the quiet, comfort or repose of persons in any dwelling". Time history charts Time history charts were analyzed. These charts show how the sound levels varied with each moment in time over the noise survey test periods. Unit 2802 balcony The sound level time history charts are attached for long term survey tests conducted at Position 1, located on the Unit 2802 balcony representing the residents on the mid -level floors. This chart shows the bass content (40 to 125 Hz) which was measured, analyzed and recorded hourly. The calculated statistical bass content levels are shown, including the L1-Bass intrusion levels and the L90--Bass ambient background level. The L1-Bass intrusion levels were calculated for each hour. The L90-Bass ambient level was calculated as an average of the measured L90 levels for the hours when music was not playing. Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 10 The first chart shows the measured bass content data from 10 pm on Thursday, 3/22 to 2 pm on Saturday, 3/24. The second chart shows the measured bass content data from 2 pm on Saturday, 3/24 to 10 am on Monday, 3/26. Note that when the music was being played at the Ultra event the measured L1-Bass sound levels are much higher than they are when there is no music. The lower levels represent the sound of road traffic and other activities in the area. The highest level L1 bass content on the Unit 2802 balcony caused by the Ultra event on Friday 3/23 was for the hour between 11 pm and 12 midnight, at 96 dB. This can be compared with the average L90 bass ambient background level of 64 dB. This constitutes an intrusion of 32 dB. The highest level L1 bass content on the Unit 2802 balcony caused by the Ultra event on Saturday 3/24 was for the hour between 5 pm and 6 pm, at 100 dB. The highest level L1 bass content caused by the Ultra event on Sunday 3/25 was for the hour between 8 and 9 pm, at 104 dB. This can be compared with the average L90 bass ambient background level of 65 dB. Note that the background level is consistent between the days, within 1 dB. The intrusion of 104 dB compared to 65 dB background constitutes an intrusion of 39 dB on the Unit 2802 balcony. Similar results are shown for the A -weighted time history data for Unit 2802. Roof The sound level time history chart is attached for the long term survey tests conducted at Position 2, located on the building roof and representing the residents on the upper floors. This chart shows the measured bass content (40 to 125 Hz). The highest level L1 bass content on the roof caused by the Ultra event was on Saturday 3/24 for the hour between 10 pm and 11 pm, at 108 dB. This can be compared with the average L90 bass ambient background level of 68 dB. The intrusion of 108 dB compared to 65 dB background constitutes an intrusion of 43 dB. Similar results are shown for the A -weighted time history data for the roof. Pool Deck The sound level time history charts are attached for long term survey tests conducted at Position 3, located on the pool deck and representing the residents on the lower floors. This chart shows the measured bass content (40 to 125 Hz). The highest level L1 bass content on the pool deck caused by the Ultra event on Friday 3/23 was for the hour between 10 and 11 pm, at 115 dB. This can be compared with the average L90 bass ambient background level of 71 dB. This constitutes an intrusion of 44 dB. The highest level L1 bass content on the pool deck caused by the Ultra event on Saturday 3/24 was for the hours between 10 pm and 12 midnight, at 118 dB. The highest level L1 bass content caused Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach. FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 11 by the Ultra event on Sunday 3/25 was for the hour between 10 and 11 pm, also at 118 dB. This can be compared with the average L90 bass ambient background level of 72 dB. The intrusion of 118 dB compared to 72 dB background constitutes an intrusion of 46 dB. Similar results are shown for the A -weighted time history data for the pool deck. These time history data confirm the statistical analyses of the test records shown in the summary tables, discussed above. A trend is noted that the closer the test location is to ground level, the higher the measured sound data. Spectrum charts Spectral analyses were conducted for selected test records taken during this sound survey, to illustrate the dominance of the bass heavy Ultra event music on the test data. "' G t U Spectral analysis results — inside the building A comparison was made of the measured sound levels, both with and without the Ultra Festival operating, at the test location inside the 50 Biscayne building in the Unit 2802 living room and dining room area. The sound comparison is shown graphically in spectrum Comparison Chart 1, attached. Note on the spectrum comparison chart that the solid red line representing the Ultra intrusion sound levels, was significantly higher than the dotted green line representing the background sound levels. Importantly, the low frequency (bass) sound levels of the Ultra event were the highest levels that were measured. The bass content L1-Bass Ultra music level was 91 dB. This music level was significantly higher than the L90 background bass content level, which was 48 dB. These data indicate that the bass intrusion at this location was extremely high at 43 dB. This bass content intrusion greatly exceeds the criteria of 15 dB, known to result in widespread complaints. It also represents an over 150 fold increase in sound intensity in the bass frequency range above the background levels. The A -weighted overall intrusion level was 64 dBA — 32 dBA = 32 dB. This intrusion also greatly exceeds the criteria of 15 dB, known to result in widespread complaints. Furthermore, these high sound levels inside a residence are very likely to cause negative health effects, including at the least sleep deprivation and potentially cardio-vascular events and other stress induced damage. (See References 1, 4 & 5 above) Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 12 Spectral analysis results -- outside the building An analysis of sound levels at an outdoor survey location, the Pool Deck, was done both with and without the Ultra Festival operating. The sound comparison is shown graphically in spectrum Comparison Chart 2, attached. a Again, the solid red line on the chart representing the Ultra intrusion sound levels, was significantly higher than the dotted green line representing the background sound levels. 2 The measured low frequency (bass) sound levels of the Ultra event were extremely high. It is seen II 1,6 that the intrusions caused by the Ultra. Festival outside are as much, or more than the intrusions at 'E in a the indoor locations. o The bass content L1-Bass Ultra music level was 118 dB, This music level was considerably higher than the L90 background bass content level at that same time of day, which was 69 dB. These data indicate that the bass intrusion at this location was extremely high at 49 dB. This bass content intrusion outside also greatly exceeds the criteria of 15 dB, known to result in widespread complaints. It represents almost a 300 fold increase in sound intensity in the bass frequency range above the background levels.. The A -weighted overall intrusion level was 96 dBA — 57 dBA = 39 dB- This intrusion also greatly exceeds the criteria of 15 dB, known to result in widespread complaints. Negativehealth effects and vibration damage Hearing damage The US Centers for Disease Control (CDC) through the National Institute for Occupational Safety and Health (NIOSH) has developed standards for limiting noise exposure that can cause hearing damage. The NOSH recommended exposure limit (REL) for occupational noise exposure is 85 decibels, A -weighted, as an 8-hour time -weighted average [85 dBA as an 8-hr TWA). 3 It is well known that hearing damage is a cumulative effect that occurs for exposure to high sound levels over a period of time. The level of the sound exposure is related to the amount of time before damage occurs. The higher the level, the shorter the time before damage. According to NIOSH, the amount of time is cut in half for every 3 dB increase in sound level. Measured time weighted averages for 8 hour periods during which the Ultra music was operating are summarized in Table 3. Time weighted averages were measured on the Unit 2802 balcony for 8 hour periods during which the Ultra music was operating. The measured 8-hour time -weighted -average (8-hr TWA) on the Unit 2802 balcony for Friday 3/23 was 88.4 dBA. This exceeds the recommended hearing protection limit Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 13 by 3 dB. This means that a person on the balcony will receive the maximum noise dose in a period of 4 hours, after which hearing damage can occur. The measured 8-hour time -weighted -average (8-hr TWA) on the Unit 2802 balcony for Saturday 3/24 was 91.5 dBA. This exceeds the recommended hearing protection limit by 6 dB. This means that a person on the balcony will receive the maximum noise dose in a period of 2 hours, after which hearing damage can occur. The measured 8--hour time -weighted -average (8-hr TWA) on the Unit 2802 balcony for Sunday 3/25 was 93.1 dBA. This exceeds the recommended hearing protection limit by over 8 dB. This means that a person on the balcony will receive the maximum noise dose in a period of a little over 1 % hour, after which hearing damage can occur. Similar results were found at the other test locations. With regard to negative health outcomes, the Ultra event sound levels are consistently higher than the WHO recommended guidelines for adverse health effects. As the TWA data above indicate, the sound levels at all common element and private property outdoor locations in 50 Biscayne building are well above the WHO 70 dBA threshold. Vibration damage During the short term sound tests, the noise induced vibration of windows and blinds and other building features such as light fixtures caused rattling to be noticeable. A comparison with criteria developed by NASA for the potential damage to housing structures due to rocket takeoffs show that the Ultra event can cause levels of noise which exceed the NASA guidelines. This noise induced vibration, can not only be annoying, but can also can cause minor building damage. The comparison between Ultra event test data measured on the pool deck and the NASA noise induced vibration criteria is shown in Comparison Graph 3, attached. The L1 sound level significantly exceeds the NASA criteria for noise induced floor vibration. A high level of noise energy is needed to move housing floor elements, and the Ultra event noise exceeds those levels. According to the NASA criteria, these high levels of noise are likely to vibrate nearby buildings, causing minor damage to the fixtures, finishes and possibly the structure. This was confirmed by observations in the building that it was perceptibly vibrating during the Ultra event. Comparison with sound level standards Standard community noise guidelines state that daytime noise levels should not exceed 55 dBA and that nighttime noise levels should not exceed 45 dBA for resident comfort. Exceeding these levels will likely induce annoyance in the majority of people. Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 14 The noise levels from the Ultra events greatly exceed these annoyance guidelines, by as much as 50 dBA at night. This ensures that the nearby population will be highly annoyed by the Ultra event. The standard design criteria for outdoor entertainment facilities dictate that the noise intrusion on communities be measured by the difference between the occasional noise interference level, which occurs 1 percent of the time (L1), and the background ambient sound level (L90). For the criteria of LI minus L90, the following results may be expected: L1 — L90 less than 5 dB: Facility rarely audible with minimal complaints. L1 — L90 between 5 and 15 dB: Facility sometimes audible with significant complaints. L1 — L90 greater than 15 dB: Facility generally audible with widespread complaints. The differences between the Ultra event L1 A --weighted noise levels and the background sound levels are as high as 42 dBA. Therefore, the Ultra event noise levels significantly exceeded the background sound levels, by much more than 15 dB, and would be expected to be deeply intrusive and generate widespread complaints. The measured bass content in the Ultra event noise (L1) ranging from 96 to 118 dB significantly exceeded the background sound levels, by almost 50 dB. The sound level data for the inside of a resident unit show similar high noise intrusion exceedance levels as were measured on the unit balcony. A similar example of this type of inappropriate, out of context intrusion would be running a power saw and a boom box car simultaneously in the living room or bedroom of one's home continuously. Based on this objective analysis the event noise would be expected to be deeply intrusive and generate widespread complaints, with a major negative impact on the surrounding community. A comparison of the sound levels emitted by the Ultra events with standard hearing conservation criteria show that the Ultra sound levels are dangerous and can damage hearing. Time weighted average (8-hr TWA) levels are in the 93 dBA range on the pool deck and resident balconies. At this level hearing damage can occur after exposure to the noise for about 1 1/4 hours. These test results show that the sound levels produced by the Ultra event are high enough and persist long enough to cause hearing damage for residents located at the Associations common elements, including the pool deck and on private property at the 50 Biscayne Condominium. These high measured sound levels consistently exceed the WHO health criteria of 70 dBA, which indicates the likelihood that the Ultra noise will produce other negative health effects, related to hypertension and ischemic heart disease, among other adverse outcomes. With regard to the NASA noise induced vibration criteria, the Ultra generated sound levels are consistently higher than the levels which can cause vibration to occur in building floors. These high levels of noise are likely to vibrate nearby buildings, causing minor damage to the fixtures, finishes and possibly the structure. Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach. FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 15 Sound survey results summary The sound survey results show that the sounds of musical devices at the Ultra Events significantly intrude on the ambient background which otherwise exists at those residences. Therefore, the Ultra event noise will disturb the peace, quiet and comfort of the neighboring inhabitants in the nearby residential dwellings. Importantly, the survey data demonstrated that the low frequency rhythmic bass and drum thumping sounds generated by the Ultra event constitute a substantial intrusion which penetrates well above the ambient background. The disruptive nature of these significantly intrusive bass sounds are likely to be highly annoying and can seriously degrade the quality of life for residents in the proximity of the Ultra Music Festival. Negative health effects are likely outcomes for nearby residents of the Ultra events, based on an evaluation of Ultra event sound levels, hearing damage criteria and other health criteria. Finally, physical damage to nearby buildings can be caused by the noise induced vibrations generated by the Ultra noise emissions. Please contact me if you have any questions about these findings. Very truly yours, BROOKS ACOUSTICS CORPORATION Bennett M. Brooks, PE, FASA, INCE President Attachments Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 Submitted into the pu.lic record for items} an BAC Project Letter LR2018-1252-L01 3 City Clerk Figure 1 front Figure 1 -1. View of 50 Biscayne Condominium building from Bayfront Park amphitheater, one of the Ultra Music Festival stages. Figure 1 - 2. View of 50 Biscayne Condominium building from bay, after festival during removal of Ultra equipment, showing outside test locations. BAC Project Letter LR2018-1252-L01 Submitted into the public record for item( 01.4, on r0--4 City Clerk Figure 1 a,b Figure 1, a. Long Term Test Position L1 - Unit 2802 balcony. Several Ultra Music Festival stages visible in Bayfront Park. 1) Figure 1, b. 2) Long Term Test Position L1 - Unit 2802 balcony. Microphone mounted on tripod, with analyzer in locked box. 1) original position 2) modified position. 2) modified position. BAC Project Letter LR2018-1252-LO1 Figure 1, c. Figure 1, d. Submitted into the publicr for onrecord -1 (X . City Clerk Figure 1 c,d Short Term Test Position 1 - Unit 2802 dining room. Analyzer on tripod. Long term monitor visible on balcony. Short Term Test Position 1 - Unit 2802 dining room. Ultra Festival main stage visible below. Submitted into the public recor for item s) p T `' Oil City Clerk BAC Project Letter LR2018-1252-L01 Figure 1, e Long Term Test Position L2 - building roof (55th floor). Figure 1, f. Long Term Test Position L2 - building roof. Figure 1 e,f BAC Project Letter LR2018-1252-LO1 Figure 1, g. Submitted into the public record for itern} on 04-13-- City Clerk Figure 1 g,h Long Term Test Position L2 - building roof. View of Ultra main stage and other stages. Afternoon performance lightly attended. Figure 1, h. Long Term Test Position L2 - building roof. View of Ultra Festival additional stages. Afternoon performance lightly attended. BAC Project Letter LR2018-1252-L01 Figure 1, i Submitted into the public record for iternjs) 3 on City Clerk Figure 1 i-j Long Term Test Position L3 - Pool Deck (10th floor). Original location at northeast corner. View of Ultra Festival additional stages during set up. Figure 1, j Long Term Test Position L3A - Pool Deck (10th floor). Modified location in middle of informal party room balcony. BAC Project Letter LR2018-1252-L01 Figure 1, k. Submitted into the public record for item) r City Clerk on Figure 1 k,I Short Term Test Position 4 - Informal party room (10th floor pool deck). Analyzer on tripod. Long term monitor visible on balcony. Ultra main stage visible. Figure 1, I. Short Term Test Position 4 - Informal party room (10th floor pool deck). Analyzer on tripod. BAC Project Letter LR2O18-1252-L01 Submitted into the public rccor}far items City Clerk 3 oni • Figure 1 m,n Figure 1, m. View of Ultra Festival stages from Long Term Position L3 (Pool Deck 10th floor). Evening performance heavily attended. Figure 1, n. View of Ultra Festival stages from Long Term Position L3 (Pool Deck 13th floor). Evening performance heavily attended. BAC Project Letter PJ2018-1252-L01 Submitted into the public record for it s) [� ors rva �s L n City Clerk Table 1 50 Biscayne Ultra Noise Survey Miami, FL Table 1 ACOUSTIC INSTRUMENTATION SYSTEMS Noise Survey— 22 to 27 March 2018 Data Acquisition Equipment 1. Norsonic Instruments - Digital Precision Sound Level Analyzer— Class 1 Model NOR 140, S/N 1403462* - Microphone - Model 1225, S/N 98505* - Acoustical Calibrator - Model 1251, S/N 32064* 2. Rion - Digital Precision Sound Level Analyzer — Class 1 Model NL-52, S/N 00375623 [Position Li]' - Microphone -- Model UC-59, S/N 11098 - Preamplifier - Model NH-25, S/N 65750 - Digital Precision Sound Level Analyzer— Class 1 Model NL-52, S/N 00331834 [Position L2]* - Microphone - Model UC-59, S/N 05046 - Preamplifier - Model NH-25, S/N 21785 - Digital Precision Sound Level Analyzer — Class 1 Model NL-52, S/N 00921170 [Position L3]* - Microphone - Model UC-59, S/N 04202 - Preamplifier - Model NH-25, SIN 21212 - Digital Precision Sound Level Analyzer— Class 1 Model NL-52, S/N 00843243 [Position L3A]* - Microphone - Model UC-59, S/N 06881 - Preamplifier - Model NH-25, S/N 43257 3. Extech Instruments - Mini Thermo -Anemometer— Model 45158, S/N 13260 Laboratory Playback and Analysis Equipment 1 Norsonic Instruments - NorXfer Analyzer Software, ver. 6.0 2. Lenovo - Computer workstation with USB & SD interfaces 3. Microsoft - Excel 2013 Spreadsheet Program 4. Brooks Acoustics - BAC Proprietary Data Analysis Software Note: Certificates of Calibration available upon request. BAC Project Letter PJ2018-1252-L01 50 Biscayne Ultra Noise Survey Miami Beach, FL Test Position Date Location Table 2a Summary -- Measured Sound Data - 50 Biscayne Condominium Ultra Event Norse Survey 22-27 March 2018 Short Term Test Periods L1-Bass"` Observations Table 2a 1 3/24/2018 Unit 2802 dining J living room 91 Music at Ultra Events Residence interior 1 3/23/2018 Unit 2802 dining / living room LA90=32 LBass90=48 Ambient background sound Residence interior Music shut down before event 3 3/24/2018 Pool deck 11:00 PM NE corner - outdoors 3A 3/26/2018 Pool deck 11:00 PM E side - outdoors 118 Music at Ultra Events LA90=57 LBass90=69 Ambient background sound Music shut down after event Notes: L- Bass is sum ot40 to 125 Hz 1/3 Octave Band unweighted levels Ambient background sound level applies L90 metric BAC Project Letter PJ2018-1252-L01 50 Biscayne Ultra Noise Survey Miami Beach, FL Test Position Date Location Table 2b Summary -- Measured Sound Data - 50 Biscayne Condominium Ultra Event Noise Survey 22-27 March 2016 Long Term Test Periods L1-Bass' Observations Table 2b L1 3/23/2018 Unit 2802 balcony 112 Music at Ultra Events Residence balcony L1 3/23/2018 Unit 2802 balcony Residence balcony LA90=64 LBass90=68 Ambient background sound Music shut down after event L1 3/24-26 Unit 2802 balcony 114 Music at Ultra Events Residence balcony L1 3/24-26 Unit 2802 balcony LA90=65 LBass90=72 Ambient background sound Residence balcony Music shut down after event Notes: L- Bass is sum of 40 to 125 Hz 1/3 Octave Band unweighted levels Ambient background sound level applies L90 metric BAC Project Letter PJ2018-1252-L01 50 Biscayne Ultra Noise Survey Miami Beach, FL Table 2c Summary -- Measured Sound Data - 50 Biscayne Condominium Ultra Event Noise Survey 22-27 March 2018 Long Term Test Periods Test Position Date Location L1-Bass'" Observations L2 3/22-27 Roof 108 Music at Ultra Events E side L2 3/22-27 Roof E side LA90=62 LBass90=68 Ambient background sound Music shut down after event Notes: L- Bass is sum of 40 to 125 Hz 1/3 Octave Band unweighted levels Ambient background sound level applies L90 metric Table 2c BAC Project Letter PJ2018-1252-L01 Table 2d 50 Biscayne Ultra Noise Survey Miami Beach, FL Test Position Date Location Table 2d Summary -- Measured Sound Data - 50 Biscayne Condominium Ultra Event Noise Survey 22-27 March 2018 Long Term Test Periods L1-Bass'" Observations L3 3/23/2018 Pool deck NE corner L3 3/23/2018 Pool deck NE corner L3A 3/24-27 Pool deck E side L3A 3/24-27 Pool deck E side 115 Music at Ultra Events LA90=63 LBass90=71 Ambient background sound Music shut down after event 119 Music at Ultra Events LA9O=62 LBass90=72 Ambient background sound Music shut down after event Notes: L- Bass is sum of 40 to 125 Hz 1/3 Octave Band unweighted levels Ambient background sound level applies L90 metric BAC Project Letter PJ2018-1252-L01 50 Biscayne Ultra Noise Survey Miami Beach, FL Test Position Date Location Table 3 Table 3 Summary -- Measured Sound Data - 50 Biscayne Condominium Ultra Event Norse Survey hearing damage asessment 22-27 March 2018 8-hour Time Weighted Average sound levels (LAeq 8-hr TWA) During Ultra Festival operation LAeq 8-hr TWA Exposure time before hearing damage's L1 3/23/2018 Unit 2802 balcony 88 4 hours L1 3/24/2018 Unit 2802 balcony 91 2 hours L1 3125/2018 Unit 2802 balcony 93 1 hour 16 minutes L2 3/23/2018 Roof 83 12 hours 42 minutes L2 3/24/2018 Roof 85 8 hours L2 3/25/2018 Roof 84 10 hours 5 minutes L3 3/23/2018 Pool deck 89 3 hours 10 minutes L3A 3/2412018 Pool deck 93 1 hour 16 minutes L3A 3/25/2018 Pool deck 93 1 hour 16 minutes 'Note - Per NEOSH criteria 50 Biscayne Ultra Noise Survey Miami, FL Sound Pressure Level L1 & .... Bass (40-125 Hz) in dB re' 20 }jPa 120 110 100 90 80 70 Ultra Music Festival Noise Survey Residence Unit 2802 Balcony Low Frequency (BASS) Sound Levels Date: 22 Mar 18 Time: 10:00 PM Position: Li Ultra Music Festival BASS SOUND LEVELS 40 to 125 Hz L1 Music with heavy bass Music off f L90 (no music) Drop in music Gass levels when music is shut down peak to baseline = L1 - Lv0 1t2dB-68d8 = 44 decibels Music off Friday Saturday 60 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 a Q o 0 © o o 0 0 0 0 0 0 0 o a o o n 0 0 0 0 O O O CO3 0 0 N 07 O — N M • O N 07 V u7 fM1 0 O N C] C7 N 4']4 u7 (i[- W 0 O N C7 N N 01 07 M M M ['S ▪ CJ i▪ `7 CO CO N N d' `' 'C 'Q Tr '7 Tr Trr r r N N N N N N N N N N N N C7 - M M M 01 C] M 07 CO C) CT 0) M M N N N N N N Cal N N N er • or N N C�1 N N N N N N N N N N N ▪ M .0) 0, �j j M N N ▪ N N C7 C7 M M M M ["1 C7 C'7 i"] C'] C7 C7 [^'] l"7 C7 C7 7 c-rl t�7 C] C7 (�7 c'S 01 01 CO START TIME (data for following hour) BAC Time History LTH2O18-0322 Pos L1 L-bass (40 - 125 Hz). Submitted into the public record for item(s) on O —1 - . City Clerk L07-Z9Z L-8 LOZPd Jaiial 3aafOJd 0H8 BAC Time History LTH2O18.0322 Pas L1 L-bass (40 - 125 Hz). 50 Biscayne Ultra Noise Survey Miami, FL Sound Pressure Level L1 & !. Bass (40-125 Hz) in dB re: 20 1.1Pa 120 110 100 90 80 70 60 Ultra Music Festival Noise Survey Residence Unit 2802 Balcony Low Frequency (BASS) Sound Levels Date: 24 Mar 18 Time: 2:00 PM Position: L1 Ultra Music Festival Music with heavy bass BASS SOUND LEVELS 40 to 125 Hz Music with heavy bass L90 (no music) Music off Drop in music bass !eves when music Is Shut doom peak to baseline L1 - L.90 114 dB 72 dB 42 decibels Music off Saturday Sunday Monday 0 0 0 0 0 0 0 C? 0 0 C7 0 0 0 0 0 0 0 0 0 c CD c 0 0 0 O 0 0 0 0 c O O 0 0 CD 0 0 0 0 0 0 0 0 5 0 0 0 6 O C7 Q 6 0 0 0 0 CJ 0 0 0 0 0 0 C7 0 0 O CD C] 0 0 0 0 0 0 C] 0 0 0 0 0 0 0 0 Lii cO ti .6 Oi o ni ri 6 C:i C) v &5 io N- 6ci pi o C i ri Lii co r4 co Qi o N ri o •r i i ri v w r sa ID) N N N LO LC) u7 u7 LL^! Lc) Lc) un in Lr) r r r ,- .- r r r r N N N N 0 0 000 CD CO CD LO CO CD ✓ ▪ t't '1- -4- 6' N N N N N N N N N N LO LO LC LC) LCkn. Ln ) LE, LO V) u'3 LLn in in N N N N N N CM N N N N ▪ N N N N N ▪ N N ro C., C7 r7 C,.) (`', M fn C") f`7 N N N N ,N` N N N N N CV CM N N i 7 Cry C+ry CO r) r) 07 CO CO C.')C'7 L") () CO CI CO CI C) CO C) ') C) CO, C.')) C) C7 cn C'7 Cn C`n 01 CO START TIME (data for following hour) BAC Time History LTH2O18-0324 Pos L1 L-bass (40 - 125 Hz). Submitted into the public record for itern(s) r on City Clerk CO 0 a ro 0 ro 01-Z5z 4-8 GOZrd l Sad bZ£0-81.OZH1.1 k.rols!H (ZH 5ZI- - Qb) sse 50 Biscayne Ultra Noise Survey Miami. FL 110 100 90 A -weighted Sound Pressure 80 Level LA1 & LAW Ultra Music Festival Noise Survey Residence Unit 2802 Balcony A -weighted Sound Levels Date: 22 Mar 18 Time: 10:00 PM Position: L1 A -WEIGHTED SOUND LEVELS LA1 Music Drop Sri music wound levels wt— n nriusic is shut down peak to baseline LA 1 - LA90 9ia dBA - 64 dBA 32 ciecihels in dB 70 re: 20 IPa 60 50 LA90 (no music) Music off Friday Music off Saturday 0 C] 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C7 0 0 0 0 0 O 0 Q C7 O 0 0 0 0 0 O O a a O a C7 C7 C? 0 0 0 Q C7 0 0 C7 CO 0 0 O 0 0 0 0 O.O CNci 6 - r ri v n (o r- ai of v- N ri 4 tri r+ oa 0 0 ▪ c i r s 0- r�i ri v �i ra ti o ai 0 ry ri v C) C) ) C) CO M C^7 C) CO Co) N N N N -a- -a- -a.'7 ii ▪ r — •— N N N N CV = N N N N N N M C") C") CO C`) r C7 C') C) C) C) Cc) Cc) C'7 N N N N N N N N CV N ▪ V ▪ V N N C) M M ["Z [•7 M C] F) C7 C7cv N N N N N C41 N N N C) M CO' M C`) C") C-1 C) C] C7 0' ` N N C'7 C) C) M C 7 C''7 C7 M C) M CO C7 C) CO • Cc) M M! C) cn C7 START TIME (data for following hour) BAC Time History LTH2O18-0322 Pos L1 A -weighted levels. Submitted into the public record for items on Gal-Z9ZE-86o6rd Jape] Pafaid OV8 BAC Time History LTH201$-0322 Pos L1 A -weighted levels. 50 Biscayne Ultra Noise Survey Miami, FL 120 110 100 A -weighted Sound Pressure 90 Level LA1 & in dB 80 re: 20 jPa 70 60 Ultra Music Festival Noise Survey Residence Unit 2802 Balcony A -weighted Sound Levels Date: 24 Mar 18 Time: 2:00 PM Position: L1 Ultra Music Festival A•WEIGHTED SOUND LEVELS LAI Music Music Drop in mosrc Sound levels when rmjsic is shut down peak to baseline �...,i - 104d5A-135d8A :39 decibels Saturday 0 0 0 0 0 0 a o v i (.6 n N N N 00 00 C7 C7 Music off LA90 (no music) Sunday Music off Monday 0 0 0 Cr 0 0 0 0 0 0 o 0 O O O O O O O O co co O O O O C7 0 O 0 0 0 0 0 0 06 0 0 0 0 0 0 0 p O C7 O O o o a 0 0 0 O 0 O 0 O O a O 0 o 0 o a a 0 0 0 O. 0 0 0 O 0. 0 Q O rb vi v ni ri o c i ri 4r 6 (0 r� 60 6i Q r ni Co 6 m n 00 00 o N 00 o r ni ri cr (0 tD n 00 6 N N N N it) sr} LO (0 (0 (0 Ill In 0 Cn - ,-- T r r N N N N CA 00 CO CO CO CO CO 00 CO CO NY tt tii' N N N N ( N N N N N Cn Li) 47 (0 Lo LC7 Cis LI. Lf (0 LC] In (0 In CJ N N N N N CV N N N N NJ 1 N N N N N N N N N N N N N [� s`F N ["3 C] C3 C) C) C7 C'7 C7 M C`5 C 7 M CI r7 r7 C7 CO C7 C7 C] M C7 C7 C7 C7 C[I M M C7 C`7 CI C7 C7 CO CO CO C7 M M M START TIME (data for following hour) BAC Time History LTH2O18-0324 Pos L1 A -weighted levels. Submitted into the public _3 record for itern s) Lot-z�z �-8kozrd Oda LOZ1-111 !ua}siH awEl Ova 0 ajy6!am-y 11 sod on City Clerk 50 Biscayne Ultra Noise Survey Miami. FL Sound Pressure Level Li & Bass (40-125 Hz) in dB re: 20 JPa 120 110 — 100 90 80 70 60 Ultra Music Festival Noise Survey Roof • near center facing Bayfront Park Low Frequency (BASS) Sound Levels Date: 22 Mar 18 Time: 9:00 PM Position: L2 Ultra Music Festival ASS SOUND LEVELS 40 to 125 Hz L1 Music with heavy bass Drop in music bass levels when music is shut down peak to baseline = L1 -• L00 108dB-68dB = 40 decibels L90 (no music) 1. Friday Music off Music off Saturday Sunday Music off Monday Tuesday C7 C] C7 C? c? C7 C3 o 0 0 0 C7 C7 C7 C7 C7 C7 0 C7 C7 C7 C] 0 C? 0 0 0 0 0 0 0 0 c] C7 C7 C7 C7 C7 C7 C7 C7 0 0 0 C? CD C] 0 0 0 0 0 C 0 0 C7 C7 C7 C7 C7 C? 0 0 0 0 C7 0 C? C7 C? C7 C7 C7 C7 C7 C? C] C] C? C] 0 C7 0 0 0 0 C7 0 C7 0 C7 C7 C7 C7 C7 C7 0 0 0 0 C] C? C7 0 0 0 0 0 0 0 r M r ri ui re 6i C] ti) r� 6' r t"i r c &i ti 6i r ri e ) n 6i .- C) ,-- ri Ki r- 0) (n L[) r` 6i 7 C) r c-i ire r� 6'i r ri Lei n ❑i .- ri , - Ci 0 t� 6i N N 07 07 0, M C? r ,- r' N N rr C Nr C nr r r r ..- N N L['1 u7 1C7 Lc) u7 r r r• r r N N ((7 LA Ci7 (0 c, •,- P ,•- •R •- N N r- r- r- r- r- CA N N N N N N C? C] C? C? C? e3 M CV N N N N nr nr? Tr V Tr V N N N N N u7 u] 0 Liz 0 0 0 N N CA N N 0 0 0) (O CD Ct5 CO N N N N N N N N N N N N N C4 CV N N N N N N N N N N N N N N N N N N C7 C7 C7 (`7 C)M M (*7 M M c`7 C7 C7 (`7 L'] c7 ti7 co ('i (*] C'7 C'7 C'J M C"7 ('3 C? P P.) C7 :'7 C7 M 0," M M „ „ 0, M C7 C7 C7 M C"i M M m „, 07 0, 07 „ 0, P] START TIME (data for following hour) BAC Time History LTH2O18-0322 Pos L1 L-bass (40 - 125 Hz). Submitted into the public record for items) 4- s onQ-3—{ t . 1 City Clerk G01-Z9Ja4a-1 aaafoJd OVE 3 Sod zZE0-91,0ZHil tio1s!H awi1 3d r 0 en 50 Biscayne Ultra Noise Survey Miami, FL A -weighted Sound Pressure Level LA1 & in dB re: 20 iJPa 110 — 100 — 90 80 70 60 Ultra Music Festival Noise Survey Roof - near center facing Bayfront Park A -weighted Sound Levels Date: 22 Mar 18 Tirne: 9:00 PM Position: L2 Ultra Music Festival A -WEIGHTED SOUND LEVELS LA1 vr"1 Music Drop in music sound levels when music !s shut down peak to baseline LA 1 - LA90 93 dBA - 62 ddBA 4 31 decibels 50 v ( LA90 io music) may tVlusic off Saturday Music off Music off Sunday Monday Tuesday [a Ca C? 000000 0 0,0000 0000 0 t7 O C7 C7 ® O C7 O Cr C7 o O o O O c c c O c c c 0,00000000000 0 0 0 0 0 0 0 0 C) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ca Q c 0 0 Q C7 0 4 0 a Q O 0 0 0 O .-- ri .- ri ui 1'- 0) .-- ri CO 5- a) .- ri +.^ ri 6 e• ai .-- ri u7 e• ai .-- 0) .-- 0i 14) r ai Ci err 5- ai .-- ri .- Ci e4) f- 0) T- ri Lfi f� a) ri r C'r ui I'- 0) N N C) C) CO 0) Ci CV CV 7 N N LC) Lr) L'7 err U7 CV N CO .o SD 40 CO N N 5- h- A n h+ N N N N N N N M C) 0) C) C] C) C) N N N CV N Cr V' V' CV N CV N N Li) e4) 14) Cf) H) e4) Li, (Ni N N N N CO 40 40 co co co Cp N N CJ N C N CV e'r C"r co e^i co CV CV CV CV CV N CV co co co co C) N CV CV CV CV CV N co co co co co CV CV CV CV CVCN N co co co co co CV CV CV CV CV CV CV Cr e) e) e) e7 en[") en e) en M en e7 e7 r) C7 e) C) e7 el (0 l') ems) 0) (0 r) 0) C') START TIME (data for following hour) BAC Time History LTH2018-0322 Pos L2 A -weighted. e] CS Cn C7 C') CO C) Submitted into the public record for item s) pt.tr.3 on City Clerk BAC Project Letter PJ2018 1252-LO1 BAC Time History LTH2O18-0322 Pas L2 A -weighted. 50 Biscayne Ultra Noise Survey Miami, FL 130 12 Ultra Music Festival Noise Survey Pool Deck - E side middle of informal party room (10th floor) Low Frequency (BASS) Sound Levels Date: 24 Mar 18 Time: 12:00 PM Position: L3-A Ultra Music Festival 110 _77---j"-1\ Sound Pressure 100 Level L1 & .... Bass (40-125 Hz) in dB re: 20 pPa 90 80 70 BASS SOUND LEVELS 40 to 125 Hz L1 Music with heavy bass Drop in music . bass levels when music is 3hul down peak to baseline ?1-L90 It0d -72dB 47 der;'ibels Music off L90 (no music) Music off Saturday Sunday Monday Tuesday 60 c c O O © o CD c 0 0 CD C7 0 0 0 d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 O O © 0 O 0 C7 0 CD CJ 0 0 0 0 O 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 O 0 N St (0 (0 0 N 0 N V 66 0 N d. 6 tp 0 CV 6 N d' (o 67 O N Co ed O es;O ('V 6 cU ✓ a— N N ct) zry rl7 u] lc7 CV CV (o co (0 co CV CV r r4 r r r-- 'ct °C 'C N N N N N U) u7 6 Lc) 10 L 6 N N N N N (0 CO CO (0 (0 CO (D CV N N N N N N N N ▪ N ▪ N in C"7 ["7 CiCV N N N N N N c'J M c`" M 0, N N N N N N N CO ▪ C,.) CO C,.y Cl 1C7 (7 C] C7 M C) M M (") M C7 M C) C.C7 C"} C7 C7 START TIME (data for following hour) BAC Time History LTH2O18-0322 Pos L3A L-bass (40 - 125 Hz). Submitted into the public record for item s) 3 101-Z9ZL-840Zrd t911a1 fOafOJd WWI on �j� City Clerk 50 Biscayne Ultra Noise Survey Miami, FL A -weighted Sound Pressure Level LA1 & in dB re: 20 pPa 110 00 90 80 70 60 50 N Ultra Music Festival Noise Survey Pool Deck - E side middle of informal party room (10th floor) A -weighted Sound Levels Date: 24 Mar 18 Time: 12:00 PM Position: L3-A Ultra Music Festival Music n rx I US ,ds levels -.:e;i )&!r :,- sI,;rf d,'; r A_WEIGHTED SOUND LEVELS LA1 :: l..Al - L. A90 'I04 dB - 62 dB 42 d i beis LA90 (no music) Music off Music off Saturday I Sunday Monday Tuesday 0 0 o a o a a o a o a 0 0 0 0 0 0 0 0 0 0 0 0 o a a a a a a o a a o o 6 0 0 o a o o o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a a a a o a a o C (0 oci a N a N 4 6 W a N '7 co Ca o N (0 N V CO W a_ N 6 W a No N ' 6 6 N N LO LC) ( Cn (0 N N CO CO CD (0 4. N N I- r- n EN r• V `7 V -,1- V N N N N N to LO LC L.) u7 LO (0 CN = ,SN N CO CO CO CO CO CO CO CY N N N N N N N N N [`] CON N N C"I i N N C.y C•7 M C7 C7 N C+1 N N N N N (0 C,.) CO CO CO CO CO CO CO CO CO CO CO CO CO(0 C7 CO CO CO CO CO CO CO CO START TIME (data for fallowing hour) BAC Time History LTH2O18-0322 Pos L3A A -weighted. Submitted into the public record for items) on1(y . BAC Project Letter RIM 8 1252-L01 BAC Time History LTH2018-0322 Pas L3A A -weighted. 50 Biscayne Ultra Noise Survey Miami, FL Unweighted (linear) L1 & L9.1) Sound Pressure Level in dB re: 20 pPa 100 90 80 70 60 50 40 30 20 Ultra Music Festival Sound Survey Comparison Ultra Event compared with background Unit 2802 - Living / Dining Room Unit 2802 LA1 = 64 w/Ultra Unit 2802 LA90 = 32 Background Date: 23/24 Mar 2018 Time: various Position: 1 1 1 1 1 1 1 1 1 f Unit 2802 Living/Dining w/ Ultra Event L1 = (3/24 64 11:25 dBA Room pm) Difference between the RED and GREEN curves is the noise intrusion due to Bass (40 - 125. Hz) = 91 dB - ULTRA EVENT - \ ilE\I"'"..- \\--\\*... Ultra Event intrusions Noise levels above background 32 dBA Bass (40 - 125 Hzy 43 dB 1. ... N ----------\----.. rti ti .. Unit 2802 Living/Dining Room a _ Background (3/23 1:50 pm) L90=32d8A Bass(40-125Hz)=48dB a ,� " ^ - - _ ! I 1 f T T F ! ] ! 16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz 1/3 Octave Band Center Frequency in Hertz BAC Graph 20180324 Comparison 1 L1 Intrusion & L90 Background Ultra Event spectrum peak = 90 dB at 40 Hz Submitted into the public recor foxritem(s} �-.3 on rj i"r[_ City Clerk 1.O1`ZSZ6-8IOZf d aalal ]Zaf®Jd DV8 BAC Graph 20180324 Comparison 1 50 Biscayne Ultra Noise Survey Miami. FL U nweig hied (linear) L1 & I_ Sound Pressure Level in dB re: 20 pPa 120 110 100 90 80 70 60 50 Ultra Music Festival Sound Survey - Comparison Ultra Event compared with background Pool Deck - outdoor Pool Deck LA1 = 96 w/Ultra Pool Deck LA90 = 57 Background Date: 24/26 Mar 2018 Time: 23:00 Position: 3a [ 1 El [ i 1 Pool Deck w/ Ultra Event (3/24 11 pm) L1 =96dBA Bass (40 - 125 Hz) = 118 dB Difference between the RED and GREEN curves is the noise intrusion due to ULTRA EVENT Ultra Event intrusions Noise levels above background 39 dBA Bass (40 - 125 Hz) 49 dB M '4. Poo Deck Background (3/26 11 pm) [.90=57dBA Bass (40 -125 Hz) = 69 dB 40 16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz 1/3 Octave Band Center Frequency in Hertz BAC Graph 20180324 Comparison 2 L1 Intrusion & 1...30 Background Ultra Event spectrum peak = 113 dB at 50 Hz Submitted into the ublic record for item`) IA- 3 1.O1-Z9Z1.-BoOZ['d OVEI iaedw©3 trZ£o8 b:Z 0e10 0b'9 0 ry an City Clerk 50 Biscayne Ultra Noise Survey Miami. FL Unweighted (linear) L1 Sound Pressure Level in dB re: 20 pPa 120 110 100 90 80 70 60 50 40 Ultra Music Festival Sound Survey - Comparison Ultra Event compared with NASA Noise Induced vibration Criteria Pool Deck - outdoor Pool Deck LA1 = 96 dBA w/Ultra Date: 24 Mar 2018 Time: 23:00 Position: 3A I [ 1 Ultra Event low frequency noise significantly exceeds NASA floor vibration criteria r r r r — r r r . .. — p Floors Wincdows NASA Criteria for perceptible Noise Induced Vibration per TM-83288 ! 1 13 Hz 25 Hz 50 Hz 1/3 Octave Band Center Frequency in Hertz BAC Graph 20180324 NASA Comparison 3 L1 sound levels 100 Hz ,Ultry .Even spect0 peak = 113 dB at 50 Hz Mit' nnirit►Al Ibt public record for item j) on (7 — ojr`-I d City Cleric 401-ZSZ4B40Zf'd Jala1 aafoJd OVEI BAC Graph 20180324 NASA Comparison 3 Submitted into the public record for item(s) / - nn 051'1 31 EXHIBIT 2 City Clerk bayfrOrtiparkirlarni.COM,ril "-; BA'r'FRONT PARK Home Schedule of Events Yoga Classes Flying Trapeze School Bsg Bus Tours Lee Tina Kills Playground Contact Us i Employment D:recton.s / Parking Area Hotels FAQ Facilities Trust Meetings I Agenda Park History Cc•mmiaaionar Joe Cartsflo 5ayiriant Park Pfaraaamerlt Trust Chairman .. ............... ... . ..... ..... .... . . . .. ront Park Management Trust easf friint Park riPTIOrT Tina Hills Pavilion Museum Park Schedule of Events Al! Dates, Times, and Events Are Subject to Change Chairman Joe Caroilo &Bayfront Park Management Trust Present: Upcoming Events &Activities Bayfront Park Management Trust ATi Friday, April 13 Today 8:00prn American Ninja Warrior Whe n Fri. April 13, 8pm — 11pm Where Bayfront Park, 301 N. Biscayne Boulevard, Miami, FL 33132 (map) Description @Print • ' r ..... . ............. Don't miss the American Ninja Warrior taping on April 13 & 14 at Bayfront Park! "American Ninja Warrior will be hosted by Matt Isemart, Akbrar Gbajablamila and co -host Kristine Leahy. Returning Ninjas include Las Vegas finalists Jessie Graff, Drew Drechsel, JJ Wood, Kevin Carbone, Reko Rivera. Ryan Stratis, Todd Bourgeois, Erica Cook, Lindsay Eskildsen and Rachael Goldstein Audience tickets required. httn://on-camera-audiences_comishowsiAmerican Nina Warrior more details•D con to my calendar Saturday, April 14 9 00am Yoga by Donation with MOAN SUAZO (JOV1) 9 00am YOGA CLASSES (FREE) 10-00am SoulShine Yoga Event 4 00pm Flying Trapeze School 6:00prn Falun Data (Falun Gong) 7:00pm POSTPONED Big Sean: Unfriendly Reminder Tour 2018 8:00pm American Ninja Warrior When Sat, April 14. 8pm — 11prn Where Bayfront Park, 301 N. Biscayne Boulevard, Miami, FL 33132 (map) Description Don't miss the American Ninja Warrior taping on April 13 & 14 at Bayfront Park! "American Ninja Warrior will Submitted into the + ' lic record for items oncF-y1,91 EXHIBIT 3 City Clerk VCa BAYFRONT PARK USE AGREEMENT HIS AGREEMENT hereinafter referred to as the "AGREEMENT," made this d?�day of f�hr r+� 2018, by and between the Bayfront Park Management Trust, a limited agency and instrumentality o 4he City of Miami, hereinafter referred to as the "TRUST," and Canam Productions, Inc., a California for -profit Corporation with offices located at 4130 Cahuenga Boulevard, Suite 315, Toluca Lake, California 91602, hereinafter referred to as the "USER." RECITALS WHEREAS, the TRUST is responsible for the operation and management of the park owned by the City of Miami, hereinafter referred to as the CITY, located at 301 N. Biscayne Blvd., Miami, Florida 33132, and known as Bayfront Park (the "PARK"); and WHEREAS, USER wishes to use the PARK for the purpose of conducting a film shoot for the American Ninja Warrior, Season 10, as the term is defined in this Agreement; and, WHEREAS, the TRUST grants the USER the right to broadcast, webcast, stream, produce, record, film, televise and/or exploit (in any medium or format), the PARK or any show to be performed at the PARK. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the TRUST hereby grants unto USER the privilege of entry upon PARK, for the purpose of conducting the EVENT, on the terms and conditions set forth in this Agreement. 1, RECITALS: The Recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. EVENT AND USE PERIOD: The EVENT is the American Ninja Warrior 10, to take place at the PARK, from April 7 through April 17, 2018. Filming may occur from April 7 to April 16 at varied times including over -night shoots. USER has warranted to the TRUST that in the filming there is reasonable expectation of crowd noise without artificial amplification. Set-up for the EVENT will begin at 7:00 am, April 7, 2018, and tear -down will terminate no later than 11:59 pm, npri! 162018 r 1• Unless otherwise specifically provided hereunder, USER shall be completely responsible for the production, coordination and management of the EVENT, at its sole cost and expense. TRUST acknowledges and agrees that USER has the right to photograph, film and record the PREMISES and the EVENT, and to broadcast, exhibit and otherwise exploit the photographs, film and recordings of the Premises and the EVENT (not including signage of TRUST sponsors located thereon), in any and all manner and media whatsoever, whether now known or hereafter devised, throughout the universe in perpetuity, in connection with the EVENT and the advertising, promotion and marketing thereof. Without in any way limiting the foregoing, ail rights of every kind in and to all photographs, film and recordings made on the Premises by USER (including, without limitation, all copyrights) shall be and remain vested in USER, including, without limitation, the right to use and reuse all such photographs, film and recordings as set forth in this AGREEMENT. In connection with the foregoing, TRUST expressly waives any right it may otherwise have to Page 1 BPMT/Canam Productions, Inc. 2018 Use Agreement Submitted into the pu lic record for items on City Clerk seek injunctive or equitable relief, and in no event shall TRUST seek to restrain, prevent, or otherwise restrict USER'S exploitation of the EVENT and any recordings thereof. 3. PREMISES: As used in this Agreement, "PREMISES" means the entire PARK and such open spaces that may be required by the USER for the EVENT, and such other facilities of the PARK as may be authorized by the TRUST. a. Restroom Facilities: USER hereby agrees to provide adequate portable restroom facilities, which shall be open and operational during the USE PERIOD. b. Control of Access: USER hereby agrees to respond to any reasonable TRUST request during the USE PERIOD of the EVENT. c. Sound Checks: Sound Checks must be coordinated with the Trust's Event Coordinator. d. Sound Level: USER understands that the TRUST'S sound policy establishes a maximum level of 110 decibels measured 60 feet away from each stage. Failure to cure each incident of sound level non-compliance within five (5) minutes of notification by Trust designee will result in a fine of $1,000 per incident. e. Alcohol Wrist Band Policy: Not applicable, film shoot f. Sponsor's Signage: USER hereby agrees that under no circumstances can any TRUST sponsor's signage be covered during the USE PERIOD. CONDITION OF PREMISES: USER has inspected, or has been given the opportunity to inspect, the PREMISES, prior to execution of this Agreement, and accepts it in its present condition and agrees to maintain and return the same in the same condition. 5. COMPLIANCE WITH PERMITS AND LAWS: 1 USER represents warrants that during term of this ngr..,.mens i • and warrants - during the � this nyi cererei rr_ its LiJF l! IGLi[U!-! VY/jF! the EVENT, USER shall obtain and maintain all required permits and approvals, including but not limited to building, electrical and plumbing. TRUST will assist USER in obtaining assembly permit from the Office of Fire Prevention of the City of Miami. Fire Department manpower requirements shall be determined by the Fire Department at least 10 business days prior to the EVENT. 2. USER represents and warrants that during the term of this AGREEMENT, it will not use or employ the PREMISES, or any other City owned property, to handle, transport, store or dispose of any hazardous materials and that it will not conduct any activity on PREMISES or City owned property in violation of any applicable environmental laws. 3. USER represents and covenants that it will comply with all applicable laws, codes and ordinances, including, but not limited to, the Americans with Disabilities Act ("ADA"), all laws prohibiting discrimination and environmental laws. Page 2 BPMT/Canam Productions, Inc. 2018 Use Agreement Submitted into the public record for ite s} on City Clerk 4. USER represents and warrants that it is aware of the restrictions contained in Sections 22-180 through 22-185 of the Code of the City of Miami entitled Handbills" and that it will comply with all of the requirements therein with respect to the distribution of commercial handbills: Should USER fail to comply it shall be responsible for the payment of any fines imposed, including fines imposed upon the TRUST. 5. USER accepts this Agreement and hereby acknowledges that User's strict compliance with all applicable federal, state and local laws, ordinances and regulations is a condition of this Agreement, and User, and any of its employees, agents or performers, shall comply therewith as the same presently exist and as they may be amended hereafter. This Agreement shall be construed and enforced according to the laws of the State of Florida. Further, the USER, and any of its employees, agents or performers, hereby agrees to comply with all regulations regarding travel to and from the United States as promulgated by the U.S. Department of Treasury, Office of Foreign Assets Control ("OFAC") and the U.S. Department of State. Violation of any federal, state and focal law shall subject the USER to immediate cancellation of this Agreement. 6. COMPENSATION: In consideration of the use of the PREMISES, USER shall pay to the TRUST, a Use Fee which is the sum total of the Basic Use Fee and the Additional Charges. The Basic Use Fee for the use of the PREMISES shall be $36,000 for park rental as follows: • Load -in: $12,000, April 7 — 12, 2018 ($2,000 per day) • Event Days: $20,000, April 13 — 14, 2018 (S10,000 per day) • Load -out; $4,000, April 15 — 16, 2018 ($2,000 per day) Additional Charges consist of all other amounts due by USER hereunder, including, but not limited to, the following estimated fees: $2,500.00 for park staff, $33,320.00 for security personnel, $2,000.00 for City of Miami Police Services, $6,500.00 for City of Miami Fire Services, $1,500..00 for solid waste disposal. The following Additional Charges are per on an as needed basis: $75 for each 10'X10' tent rental, $125 for each 10'X20' tent rental, $175 for each 20'X20' tent rental, $275 for each 20'X30' tent rental, $450 for each 20'X40' tent rental, $6 for each regular table rental, and $7.50 for each round table, $1 for each chair rental, $5 for each light rental, $75 location fee for each soda ardor food liii,:�iiivii $25 location fee for each arts;mercfandiseispoi1soi, $25 location fee for each sampling booth, $25 location fee for each sponsor booth, $400 for each beer/alcohol location. Except as otherwise specifically provided herein, USER shall be responsible for all costs involved in the presentation of the EVENT, including without limitation: all BMI and ASCAP license fees, all staffing and all charges for police, fire rescue & inspector and/or assembly permit, security, insurance all utilities, supplies, equipment rental, ticket surcharge, all applicable taxes, including State of Florida Sales Tax and other services, except those which are furnished by the TRUST and are included in the USE FEE. 7. TERMS OF PAYMENT: USER shall submit to the TRUST, in the form of cashier's check, money order or cash, no later than 7days prior to the commencement of the USE PERIOD (by 5:00 prn, Thursday, March 29. 2018), the Use Fee and the Damage Deposit. In the event the Use Fee, after settlement of the Page 3 BPMT/Canam Productions, Inc. 2018 Use Agreement Submitted into the pu li record for item(s) on r13' S City Clerk Additional Charges, exceeds the amount set forth in paragraph 6 above, then the TRUST shall deduct such excess amount from the Damage Deposit. The Damage Deposit, reduced by such excess amount, if any, shall be refunded to the USER in accordance with paragraph 8 below. 8. DAMAGE DEPOSIT: The Damage Deposit shall be in the amount of $5,000.00. The Damage Deposit isintended to secure performance of all of USER's obligations hereunder. An inspection of the PREMISES will be made within two business days after the completion of EVENT and the amount of the Damage Deposit shall be applied toward the payment of necessary repairs, if any. The Damage Deposit shall also be applied toward payment of any fees or costs assessed against the PARK, the CITY or the TRUST for activities and operations of USER hereunder, or arising from the EVENTS. In the event the amount necessary to repair the damages or satisfy USER'S obligations hereunder exceeds the Damage Deposit then the USER agrees to pay the balance to the TRUST, within ten (10) business days of the TRUST'S request. 9. BANNER PLACEMENT: The TRUST reserves the right to restrict placement of banners in Bayfront Park. 10. TICKET: Not applicable - Non Ticketed Event. 11. SECURITY: USER shall provide at USER'S cost, all necessary perimeter/t-shirt event security and police officers to be determined by the CITY'S Police Department and the TRUST. 12. CATERING: USER, at its own cost, shall provide catering, food and beverages and the cleanup of the designated food area during the EVENT. 13. INSURANCE: USER shall obtain and maintain in force for the USE PERIOD, General Liability Insurance on a Comprehensive General Liability Form or an equivalent policy form in the amount of coverage deemed acceptable by the City of Miami Risk Management Administrator for bodily injury and property damage liability, see Exhibit A. The City of Miami and the Bayfront Park Management Trust, if applicable, a designated sponsor, approved by the CITY, shall be named "Additional Insured" on all policies. Any questions rec' irdinr Insuranra shni&t be directed tr., Insurance ❑dministrator. Risk Manaoe_ ent .._ .-�.. ,., ,., , , the Insurance v-• r...... • a•�I r err rry al ua�y, , Risk !+.I CA! IQi.l Cr! IlGI ll Division,�444 SW 2nd Avenue 9th Floor, Miami, Florida 33130, (305) 416-1604. USER shall furnish all insurance certificates required by the City of Miami Insurance Administrator, no later than 30 days prior to the commencement of the USE PERIOD. 14. INDEMNIFICATION: USER agrees to indemnify, defend, covenant not to sue and hold harmless forever the CITY and TRUST, and all the CITY'S and TRUST'S members, officials, officers, agents and employees (collectively referred to as the "Indemnitees"), from and against all losses, costs, penalties, fines, damages, claims, expenses (including attorney's fee and costs), and liabilities (collectively referred to as ''Liabilities") arising out of, resulting from, or in connection with (i) the EVENT and/or the use of the PREMISES, (ii) the performance or non-performance of this Agreement, whether it is, or is alleged to be, directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them , or (iii) the failure of the USER to comply with any of the provisions contained herein, or to conform to Page 4 BPMTICanam Productions, Inc. 2018 Use Agreement Submitted into the pub record for item on City Clerk statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. USER expressly agrees to indemnify, covenant not to sue and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of USER, or any of its subcontractors, as provided above, for which the USER's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. This indemnity provision shall survive the termination of this Agreement and shall continue in effect until the expiration of the corresponding statute of limitations or the tolling thereof. 15. RISK OF LOSS: The CITY and TRUST assume no responsibility whatsoever for any person or property that enters the PREMISES as a result of, or in connection with, the EVENT. In consideration of the execution of this AGREEMENT by the TRUST, the USER releases the CITY and the TRUST from any and all liability for any loss, injury, death, theft, damage or destruction to any persons or property which may occur in or about the PREMISES regardless of the cause, including such circumstances where it could be alleged that the CITY or the TRUST, or their employees, agents or contractors were negligent. USER does not agree to release the CITY or the TRUST for any and all liability which is determined to be caused solely due to the intentional or willful misconduct of the CITY or the TRUST, or their respective employees or agents. 16. FORFEIT OF CANCELLATION: AB advance sums, or advance payments under this Agreement, shall be forfeited if, through the fault or action of the USER, the EVENT is not held within the dates and times contracted. 17, DEFAULT PROVISION: In the event the USER shall fail to comply with each and every term and condition of the AGREEMENT or shall fail to perform any of the terms and conditions contained herein, then the TRUST, at its sole option and in addition to all other rights and remedies available to it by law, upon written notice to USER may cancel and terminate this AGREEMENT, and all payments, advances, or other compensation paid by USER pursuant to this Agreement, shall be forthwith retained by the TRUST. 18. AWARD OF AGREEMENT: USER represents and warrants to the TRUST that it has not employed or retained any person or company employed by the TRUST to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift o ariy kind iir,ge i upon or in connection with, the award of this ,Agreement. 19. PUBLIC RECORDS: USER understands that the public shall have access, at all reasonable times, to all documents and information pertaining to TRUST contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the TRUST and the public to all documents subject to disclosure under applicable law. USER's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the TRUST. 20. NONDISCRIMINATION: USER shall not discriminate against any persons on account of race, color, sex, religion, creed, ancestry, national origin, age, handicap, or marital status in the use of the PREMISES. 21. AUTHORIZED PERSONNEL: The TRUST shall have authorized representatives with decision making authority, reasonably Page 5 BPMT/Canam Productions, Inc. 2018 Use Agreement Submitted into the pu lic record for itemn s) nn City Clerk available at all reasonable times throughout the USE PERIOD for consultation with USER. 22. AUTHORITY TO EXECUTE AGREEMENT: Each party represents to the other that it has the power to enter into the AGREEMENT and that the consent of no other person or entity is required in connection therewith, except as otherwise provided, and the AGREEMENT constitutes a valid and binding obligation of each party in accordance with the terms hereof. 23. RELATIONSHIP OF PARTIES: This AGREEMENT shall not be deemed or construed to create any agency relationship, partnership, or joint venture between the CITY, the TRUST and USER, 24. NOTICES: Notices required under the AGREEMENT shall be deemed to be given when hand -delivered (with receipt therefore) or mailed by registered or certified mail, postage prepaid, return receipt requested. AS TO USER: Arthur Smith President Canam Productions, Inc. 4130 Cahuenga Boulevard, Suite 315 Toluca Lake, California 91602 AS TO THE CITY: Emilio T. Gonzalez City Manager 3500 Pan American Dr. Miami, Florida 33133 AS TO THE TRUST: Jose Geil Interim Executive Director 301 N. Biscayne Blvd, Miami. Florida 33132 WITH A COPY TO: Victoria Mendez City Attorney 444 SW 2nd Ave. Suite 945 Miami, Florida 33130 25 NONDELEGABILITY The AGREEMENT may not be transferred or assigned by USER without the prior express written consent of the TRUST. 26 GOVERNING LAW: The AGREEMENT shall be construed according to the laws of the State of Florida and venue shall be in Dade County. Page 6 BPMT/Canam Productions, Inc. 2018 Use Agreement Submitted into the pub record for items) on City Clerk 27. CONFLICT OF INTEREST: USER is aware of the conflict of interest laws of the City of Miami (Code of the City of Miami, Florida, Chapter 2, Article V), of Miami -Dade County, Florida (Code of Miami -Dade County, Florida (Code of Miami -Dade County, Florida, Section 2-11.1) and of the State of Florida (as set forth in Florida Statutes) and agrees it will fully cornply in all respects with the terms of said laws and any future amendments 28. FORCE MAEJEURE The TRUST and the CITY shall not be liable for any failure to perform its obligations where such failure is caused by conditions beyond its control, including, but not limited to, Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, events in foreign countries that affect the TRUST and the CITY and its citizens, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, riots, street celebrations or protests, military or usurped power or confiscation, terrorists activities, nationalization, government sanctions or restrictions, blockage, embargo, labor dispute, strike, lockout or interruption, or the failure of services such as electricity or telephone. IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate official executed the AGREEMENT, this the day and year first written. WITNESSES: ATTEST: t l:i S : i f Valeria Sanche W Administrative Assistant ATTEST: (Signature page follows° BAYFRONT PARK MANAGEMENT TRUST a limited agency and instrumentality of the City of Miami f 3 ! m.,7 r l By: f� Jose Genf_ Interim E cutive Director USER: Canam Productions, Inc. BY: ss, Sign above & print name below Kriste tabile, VP of Production rt ‘,t 5 ern 2r Page 7 BPMT/Canarn Productions, Inc. 2018 Use Agreement APPROVED AS TO INSURANCE Submitted into the p,,U record %r item( on APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: BY: A' W arie Sharr e ector Risk Manage toria Mend' t Attorney':. -� Page 8 BPMTICanarn Productions, Inc_ 2018 Use Agreement City Clerk Submitted into the publi record for item(s) on •' i . EXHIBIT 4 3 City Clerk Dip o1u p UL! SAVE BAYFRONT PARK Residents' letters and Comments Submitted into the public Name City State Postal Code 1LLLiti tV1 ]tGAl1(s) i IA •� Comment on 09-131 g . #[City Clerk Richard Moran Miami FL 33132 The noise from the park is totally crazy. We endured a 3 day nightmare starting with microphone testing before 7:30am and going full force last weekend only to be repeated again this weekend. The site never opened to the public as a park before they started with the music again Friday. I have $1,500 to donate toward finding a legal remedy that will turn the park to free and quiet activities for people to enjoy. Needless to say, it will take a lot more money from other concerned owners to halt this invasion. Talking with the park committee is worthless —they only see dollar signs. A law firm needs to be hired that has a record of action in dealing with money grabbing cities that ignore their own ordinances. There is already a 3 year supply of apartments for sale in this building so the opportunity to escape is pretty slim. Jessica Aiello Miami FL 33131 Please try to put yourself in our shoes. Here I'll paint a picture for you... it's Friday at 5PM and you had an !ncredibley rough week. You can't wait to get home to relax on the couch with your family. Ha! Go home? Not a chance. First you must sit in traffic that takes 30mins to travel half a block. Relax? Who are you kidding? You now need to listen to music blaring into your apartment from 7 different stages. It's not a song, it's 7 different really annoying songs playing all at once. You decide you can't take it! You go downstairs for a walk to let off some stream, but instead your blood boils as you get knocked around by girls in rainbow fur colored boots with bedazzled faces and enough ecstasy to make them hump a tree (yes, that actually happened), Now the festivals over, great! You take your cute puppy down to the park to play to find it gated and locked off. That park isn't for you! That's the money making machine for our downtown officials, sucker. Now you are mad! You go online and start a petition] gaby kloekke miami FL 33134 It's destroying our beautiful park, every single time! The park is closed before and after the event for weeks. Not even mentioning the noise they make during these crazy days, but also the trucks to set up the event. It's horrible. Can't even walk with my kid in the park, cannot access the playground, there is no good reason to held these events in this public park! Victor Gadino Miami FL 33132 I chose this vibrant location and purchased my home at 50 Biscayne, but the City does not treat this area of downtown as the residential neighborhood it has become. There are far too many disruptive and noisy events at the park with Biscayne Blvd. getting closed down way too much. It's starting to make me want to relocate if it continues. There is almost no consideration for residents of this area. The noise of these mega park events and constant disruptive closing of Biscayne Blvd, is making me regret my purchase at 50 Biscayne. I may have to move. The City is hurting this neighborhood. There is no consideration for tie residences. 5hajay Das Miami FL 33126 I am a resident of 50 Biscayne and l am sick and tired of the constant decision to close down the bayfront park from the residents. Submitted into the public recor for item(s) nn 42_145,3--y Eugene Walton Miami FL 33132 Before I begin, understand that my hearing of this event is from 1/2 mile away from the location. A far distance. One afternoon last Spring, many downtown residents experienced an assault. Accompanying the fresh air off the bay and the bright sunlight was a volume of noise and obscenity not to be imagined. It was so loud and it was so penetrating...and it lasted a few days. Then there was the screeching of police and fire vehicles every few minutes. The Rolling Loud executives must have loved it. This opposition to this "festival" is not about taste in music, but about the level of acoustic noise and vile language that was punishment for residents who live around this event. Last year on the same weekend as this punishment our new and long awaited Frost Science Museum opened with large numbers of families and their children in attendance. The noise from Rolling Loud was clearly audible to the crowds and many expressed dismay at what they heard. Young children should not have been exposed to what was being screamed. The publicity images and the rosy information that the Rolling Loud lobbyists show you are silent. There is loud noise, cringing bass and frequent vulgarity behind these photos. It is NOT quiet, Memories of a event in a city are not just photos but also what you hear and experience. What we heard at last year's Rolling Loud was not a good image for Miami. There are a few trust members who blame residents for "knowing what they were getting themselves into when they moved downtown". This is a simplistic and hollow argument by some who place the blame on residents and not on their own unwillingness to recognize that some activities are just not worth the stain on this park and consequently downtown Miami. Do not approve the return of this assault to this park and downtown. BENITO ROMANACI-I Miami FL 33132 Impossible to have a peaceful rest even in a high floor just in front of bayfront Park, it is a torture in addition to traffic closures. Downtown Miami has become a residential area full of families, it is no longer the old downtown. Need peace! Tyler gattuso Miami FL 33132 The mega events in downtown ruin the essence of the area.. The vast majority hate it, and the traffic is absolutely ridiculous. You'll slowly lose the financial leading residences of this area if mega events continue to happen by our balconies. The real estate prices will continue to drop and the vacancy rates are extremely high already. Not to mention the vast amounts of illegal drugs, soliciting, and crime will stay high. lJo❑ Soffer-Olson Miami FL 33137 The people who live in the city do not want this here anymore. This belongs at a venue such as a stadium or rural outdoor area, not in the middle of our urban core affecting us for not only the festivals, but the days preceding it and after it. Offices must release workers early or ask that they not come in. Please listen to your constituents. Michael Kerpen Miami FL 33132 This is one of two parks in downtown and we cannot use it for 6 months because of concerts and events? There is either no grass or trash everywhere when it is open to the public. I am sure there are smarter solutions than what the Trust or the City of Miami come up with so far. Downtown has lost its attraction. Closed stores, traffic, endless events, homeless and mental people everywhere, no areas to walk or relax. This park looks like a dumpster most of the time and women are afraid to use it. Let's make downtown at least livable again. A nice park would be a good start and easy to achieve. Gary Greenberg Ambler PA 19002 I have been a resident of One Miami since it was built in 2006. The park was a key reason for me choosing to live in downtown Miami but in fact, the park is off limits to residents for over a month when Ultra is setting up or moving out. The park would be better served if there were recreational activities such as tennis or basketball or even chess in the park. More play areas for children and a separate area for dogs and cats. Looking at NYC and Washington Square park or others would be a great model for how a city park should be portrayed. chrisitne hackett Miami FL 33131 I live across from Bayfront... the noise is outrageous, the crowds overwhelming each event shuts down the park for weeks before and after. The park is a mess.. to this day they are still replacing lawns.. Rolling Loud - alcohol was sold in open venue... NOT LEGAL. the law was broken and association couldn't care in the least - and it seems the Bayfront Association has NO regard for 1- Respecting resident of the area 2- Abiding within the LAW!!! I am sick of it as an OWNER ( not a renter that are by the way moving out of area because of these park issue.... it is deteriorating the market value of our properties in an already declining market Joerg Polonius Los Angeles CA 90046 It's more than high time that the city aknowledge that we the residents of downtown, who spend their money in downtown everyday are more important than a few, deep pocketed promoters who rape our common outdoor space for months and leave without contributing anything positive to our neighborhood, economically or otherwise. Please just once listen to your constituents rather than just the lobbyists and their money. I have experienced the devastation and disruption of our lives first hand as a resident of One Miami for the last four years. It is high time our elected officials do their jobs and protect us the tax paying citizens from a few carpetbagging promoters and their fast money. How corrupt can Miami really be? Please Mr Mayor and Commissioners and Councilmembers, do your elected jobs and stop just going for the easy money dangled in front of you. Downtown is the future of Miami, stop using it as a dumping ground for ill considered events that contribute nothing to the residents. maria brolley Submitted into tie record for items nns 1.- { "� Miami Beach public 3 FL 33139 I own a unit at 1 Miami & the disruption to everyday life when these events are going on is terrible. The quality of life assumed when the purchase at One Miami was made did not take this into account. This is terrible for the promotion of family life in the Downtown area. Please host those events in an envi6 nment and location suitable for them. r+tv ci+pric Victor Reis Miami FL 33131 The music is disruptive to a normal sleep schedule. The park is inaccessible for over a month, and the crowds make it difficult to commute. Overall, the festivals in question do more damage to the local community and its residents than it benefits the city. Julia Herrera Miami EL 33131 We are residents of Downtown Miami (One Mami Building} Bayfront park is our neighborhood park, whenever is close for big events cause inconvenience for us. Ultra closes the park way before the event and after taking more than half of the side walk in Biscayne, we have baby stroller, and wheelchair in the family, the closing of the park makes our lives very difficult not to mention the traffic. we move to this area because was convenience for our handicap to move around with out much help. In addition the destruction of the park has no name. The park is also a home for many unfortunate people. Save the park, have some respect for Downtown Residents, it doesn't look but every building around holds lots of residents, children, pets...Save Bayfront Park!!! Christian Glauser Santa Monica CA 90403 I am a resident near the park and having dived in LA and NY, these cities would never allow for such music events to take place around residential hoods and much less in one of our most beautiful city parks. These events need to be moved inland to venues that can support the traffic and logistical nightmare. As opposed to bringing the nigmare to our residential hoods and park. Marcos Munoz Miami FL 33172 This petition is 100% just. Downtown Miami has seen significant growth in population in the past decade and is now a diverse neighborhood with young professionals and families. The City needs to take care of its constituents and stop whoring out our beautiful waterfront public property to concert promoters. The park is closed for nearly 1/3 of the year for these events...it's a slap in the face to the residents of Downtown. Furthermore, it's a bad look to have these kinds of events so close to the city's major business district? In what other world class city would this be acceptable??? Commissioners and city officials should be embarrassed...it's time for them and Miami to GROW UP. Timothy Frazer Miami FL 33132 These events are a major disruption for those of us living downtown, already an area with limited park space. The destruction of the park and lack of use due to setup, tear down and the actual concert is unfair to all residents of Miami that enjoy the park and is especially wrong for downtown residents. We are building an amazing city and these tours if events will only make it more difficult to transform our downtown cote as planned. joseph Bier Miami FL 33131 These events are not appropriate for the downtown area due to the traffic and disruption they create. The chaos and injuries are not acceptable and the traffic gridlock is avoidable by moving the events to another area of the City more appropriate to the crowds that attend. Brian Bartczak Submitted into the record for item s� on 11i ' Miami public , 3 FL 33132 I am signing this petition because I find it unreasonable to allow these types of events to damage our public property and make it unusable or unpleasant to the residents for months after the events take place. This property is for the peaceful enjoyment of the residents, not for profit development, unleashed me -ham or destruction of property by visiting entities and individuals that organize and attend these events. If the City wishes to organize or allow thees types of events, the City Commission should use or develop property appropriately located and suited for these types of outdoor events. City Clerk Jennifer Parker Miarnr FI 33132 I have lived here for six years, although I grew up here and moved back after living in other cities. I love Miami and the culture. However, our city has taken a Tong time to grow up but it is finally happening. As the city grows and becomes more attractive to a more affluent and sophisticated our culture should evolve as well. These concert weekends destroy the beautiful parks that have improved dramatically over the last 6 years. They are a nuisance to all of us that live and work in the downtown area that pay a premium to be here. My building (and I am sure may others) is overwhelmed with non-residents that are in for the weekend that have no consideration or concern for the people and families that live here. In addition, the streets are littered with garbage. The influx of people under the influence of heavy drugs and alcohol is unsafe and undesirable for our growing city. The destruction of the Amphitheater during Rolling Loud this year caused expense to the venue and caused inconvenience to th Ellen Kruk Sunny Isles Beach FL 33150 These shows are extremely disruptive to downtown residents before during and after the show. I feel unsafe during these times, and it is a burden on the stores, restaurants, and building management as well. I want to enjoy the parkl Christophe Paris IM?ia nii 1 =L 33131 In this concrete jungle, Bayfront Park is our backyard, and the only green area we can enjoy nearby. We, condominium owners in the Downtown area are paying millions of dollars in taxes to live here. When are the elected officials going to acknowledge our high rises as vertical neighborhoods and protect our rights to enjoy our homes and the area we live in, rather than lining the packets of individuals who do not care about this area or the thousands of residents held hostage by these mega events? Gareth Jones Miami FL 33132 My family and I reside in Miami most of the year. We find the disruption caused by events held in Bayfront Park to be not only those of noise and traffic chaos, but also bad behavior by attendees and severely limited access to the Park for extensive periods during the year. These are totally unacceptable side -effects for residents of Downtown Miami, and MUST be stopped. Maria Martinez Miami FL 33132 The community will no longer stand around and watch our politicians destroy historic Bayfront park with its many cultural monuments. If Miami is to become a world class city, its parks must do the same. The state of Bayfront Park greatly reflects the care we have for our City, its community and its tourists. As THE downtown. park, it must form part of the new downtown development plans in order for the revitalization of downtown to be effective. Submitted into the pu record for item on City Clerk 8 Ileanette Sabugo Miami FL 33130 I live in the area and the people that come to these events are inconsiderate- they get drunk, do drugs and leave the area filthy. The noice is just too much and between the sound checks that happen bright and early it isn't fair to the residents. Ansus Conde Miami FL 33131 I feel that the Bayside is poorly managed and that they do not respect the residents living here! Its getting worse year after year! Rebeca Martinez Miami FL 33132 The park looks dead. Trees are dying. The city deserves a park to visit and enjoy. Sara Arroyo Miami FL 33132 I am sick and tired of how the park is being managed. If management continues bringing trash to the community, me and all of my very annoyed neighbors will flee the downtown area. Amy Lindenmoyer Miami FL 33131 I'm signing because I'm tired of not being able to travel around my neighborhood or sell the beauty of Miami to clients due to these drug enduced fiascos. Michael Stajdel Miami FL 33132 The park is restricted from citizens for too much time and the name use and congestion is not appropriate for the downtown area of a world -class city. Melanie Hyer Miami FL 33131 I live across the street from the park, the events held at the park are a major disaster for the residents of the neighborhood! I'm moving because I can't take it anymore! Jorge Rodriguez Miami FL 33132 the noise, the set up and breakdown with the forklifts beeping noise all night long plus I cant use the park for long periods of time caroline donkin Miami FL 33131 Completely agree! Business lee and city's agenda is dollar and more dollar profits at the expense of destroying slowly Bayfront Park and annoying and disrespecting its citizens. I've been in downtown since 2008 and each years with each event it's trying. No access to Bayfront spark, long hot lines of fumes coming out of cars in traffic jams. This got to be toxic to breath. The noise keeps me awake and i must move elsewhere to avoid to avoid mayhem. Move UMF and Loud Rolling to tropical Park. EDUARDO HERNANDEZ Miami FL 33132 I live at 50 biscayne and these events are an abuse from the city. We have to rest to be able to work. Go somewhere else please. David Norton Miami FL 33131 We as downtown residents must have our own PERMANENT green space. What do we residents get from Ultra etc? Violence, drugs noise disruption? YES. Money, Tax Relief, Thanks? NEVER. Its our park. Paula Soares Miami FL 33132 I am signing because the events that take place at Bayfront park are affecting very strongly Dowtown Miami residents' quality of life, as well as destroying the park. Enrique Agresott Miami FL 33132 These events are absolutely disruptive. Park was literally unusable for more than two months. Luz Euribe Miami FL 33132 Last time the park was al! green was the Friday before Ultra. They finally finish with re sodding on 6-22- 2017 Help us keep it green Subrnittcd into the r.ihi;r record foriterpfs) Y9k-2 an fl�.....�t77 #� r;b, r ...� Scott Kiley Miami FL 33132 I want Ultra and Rolling Loud OUT OF MY NEIGHBORHOOD! I own my condo and I hate the noise and the element that comes here. Put it SOMEWHERE ELSE! Thank you nejjie morales Boca Raton FL 33432 We request the respect and consideration to downtown Miami residents. We are not enjoying our neighborhood with the constant disruption, traffic, chaos and deterioration of the area. Please Respect Us! RUBIA MANDEL Miami FL 33132 Inn signing because it's impossible to use the park and to move around in all these events that the city is doing here. I bought here to enjoy normal life not to see too many drug -addicts around me . And this bring too many extrange people to the building and we the owners can't move easy anymore. Santiago Peredo Miami FL 33132 My entire lifestyle is disrupted for over a month every time of of these events take place. Macedo Macedo New York FL 33132- 1564 We can not accept having this park in downtown closed for private event during half of the year. And also see the turf destroyed after all the many big events. Also, the noise is incredibly torturing. jose morales Miami FL 33132 unbearable noise, traffic, and alcohol/drug-related violence present at and around these events. Too many events. Olga Xiroyannis Miami FL 33130 Ultra should be banned in general because of so many accidents and drug related abuse. Aymara Lopez -Welch Miami FL 33132 The mega concerts in the area bring unwanted noise levels and traffic to the area. With the arena, museums, and Adrienne Arsht in the area, we do not have the capacity to allow for more events and congestion. Kaivan Rad Orlando FL 32801 We deserve access to our own parks. We didn't move next to concert halls for a reason. Gustavo Trannin Miami FL 33132 I'm signing because I live in the area and it's really annoying for the residents when we have those mega event when people really don't care about the neighborhood. Kay Lichtenstein Miami FL 33155 I live in the area and the disruption with noise, alcohol and drug use is disappointing and a menace to those who live there Brittany Wiggins Miami FL 33132 I feel the city should consider some alternate locations that do not affect and disrupt such a heavily populated area of business and residential. Marcella Krauss Miami FL 33132 These events not only prevent our enjoyment of the Park but also our enjoyment of our own homes. The noise and traffic are terrible. Robert Rico Submitted into the p�1ic record for items 0 e- v miami FL 33132 3 definitions of "park", when doing a simple google search are:• "A large public green area in a town, used for recreation."• "A large area of land kept in its natural state for public recreational use." • "A large enclosed area of land used to accommodate wild animals in captivity." In the case of our Bayfront Park, the first definition, that applies most accurately, can be extended to specify that said park is taxpayer funded, and therefore, public property managed by a governing body. By allowing private companies to rent the public space for their private events, you are allowing the closure of the area to the tax -paying public and visitors. Additionally, based on previous experiences, the public space gets severely deteriorated, hindering in the development of vegetation, and polluted by noise and trash. This causes me personal harms I am a neighbor that lives in a Park -facing building. AitY Carmen Gamarra Miami FL 33132 Having Ultra and Rolling or any mega size concerts have forced me every year to leave the home to avoid unbearable noise, traffic, and alcohol/drug-related violence. Enough!!! Benito Sieber Miami FL 33131 I want to save the beautiful park. ! agree that it is not possible anymore to enjoy the park due to the recurring events. Dana Schiff Miami FL 33131 We pay taxes for the privilege of living in a beautiful city.. we live a block from the park but don't go there very often.. the city prefers money brought in for concerts.. drugs.. drunks.. homeless..the small business owners actually lose money because we don't leave our homes to go to their stores when we fear for our safety Arnoldo Ramirez Miami FL 33132 Its very sad how negative Bayfront park has become for the residents. Javier bacelis miami FL 33132 I live in front of bayfront park and I'm tired of the festival traffic, noise, and inconvenience each event imposes on the residents of downtown Miami. Tim Brueggemann Miami FL 33132 We have to escape our beautiful apartment every time these events occur as it is unbearable. Carmine Sorrentino Miami FL 33131 It is a shame to have such event in a park like Biscayne. Closing the park for more then a month and destroying it. Only in Miami you can see such event organized in a park like bayside with the obligation to close the office on the Friday due to the tests and the Db coming from the stages. Lee Middleton Miami Beach FL 33139 Sick of the traffic and the mayhem! Victor Golden Miami FL 33132 The residents of Downtown, Miami, Florida has been sold for the sake of political and business moguls at the cost of our quality of life Marco Avellaneda Miami FL 33131 I want to keep Bayside as a public peaceful park and stop ULTRA and other events which are noisy and not suitable in terms of noise, traffic intoxicated people, etc. Isabella Maltagliati Miami FL 33132 I am signig because we need to stop this noisy louder every year. Everybody wants afterwork to get home relax mybe go the balcony sipping his/her drink and enjoyng the beautiful wiew. But for us leaving in the Bayside are all of this is impossible. You can imagine we can never relax in our own house!!! Liliana Evans Miami FL 33132 These events are too big for the space they are held at and really disrupt the daily routine of the residents of downtown. Alexandra Flannery East Bridgewater MA 2333 I love Bayfront Park, and the music festivals are out of control! They bring people from all over the United States, and even other countries who have NO regard or respect for Miami. The amount of littering all over the city, and into the bay is disgusting and harmful to the marine life. Not to mention, the value of our neighborhood is incredibly high! We pay too much to have our home destroyed and practically inaccessible while these chaotic multiple day parties go on. It is simply not a safe place to be do to the staggering large amount of intoxicated people. In addition, traffic is displaced. Emergency services to residents and locals is almost inaccessible. Please, please end this. Robert Kronenberg Miami FL 33132 I live downtown, pay huge amout of taxes, and am sick of having my life disturbed by a city that could care less about me it my neighbors,.. Martha Liano Miami FL 33132 I'm a resident of downtown Miami and this event is very disruptive to our livelihood. Everyyear I need to leave the area so I am not negatively impacted by this. Please find another place to hold these type of events. We already live with enough challenges and disruption with everything that happens at the AAA, Me Museums and the Arscht center. Submitted into the pu*lk Ryann Hoover Miami FL 33130 Please do not use the area for concerts it's too much of a disruption for everyday life. Raquel Hartner Miami 33131 Downtown Miami is mixed residential, business and comercial, ultra festival affects in the most negative way every single person that lives/comutes to Miami ANDREA NUTI 75012 As a former concert organiser in the late 70ies , I only sought locations like sports arenas (for example baseball and foot ball stadiums whose lawns can be protected and where the crowds can be seated. Besides, the neighboorhoods are probably better equipped to manage floods of non residents. It is unfortunate that the elected officers of Miami have obviously chosen to disregard local residents. The lawns of Bayfront park look worn and not irrigated; why not invest some of the money earned on the past concerts on the upkeep of bayfront park Melissa Breda Miami FL 33132 My family and I we can't sleep IIII I Fernand Wiesenfeld 94160 Bay Park must be FULLY dedicated to the pleasure of the Miami -and specially the Downtown Miami - residents , and not to concerts producers which have other potential places to organize their events Robert Sandrock Miami FL 33132 I live across the street from the park and every year we leave town for that weekend spending thousands to do so! Ana Maria Frieri Castillo Miami FL 33132 This events like ultra and rtolling loud force me to gonout of my house and the park was destroyed! Haley Wells Pleasanton CA 94566 I don't want to be forced to "hibernate" all weekend in my apartment because it's too insane outside during these concerts. I want to feel safe. Luis Alvarez Miami FL 33132 Too much noise. Move the events somewhere else James Matindale Miami FL 33132 Ultra Fest & Rolling Loud, besides the unbearable noise, litter and roudy attendees, physically makes our park off limits for about 2 months a year if counting setup and cleanup. Derrick A Fort Lauderdale FL 33132 Neighboring residential buildings flood with strangers that just want to party, this disrupts daily life for those that live here. Marcos Costa Newark NJ 7104 It destroys out bay front park, besides the fact we pay a lot of money to live in a family oriented environment and we are not having it with these festivals here. Corinne Silverberg Miami FL 33131 I love the park and have dogs, I have watched ultra destroy this park time and time again. It is sad Jacqueline Johnston Fort Lauderdale FL 33302 I live directly across from Bayfront Park. The noise from the numerous events in the park is very disruptive to sleep and sometimes drives me away from my condo. In addition before and after these events, large portions of our beautiful park are closed off to the public. Please return our park to us! Julian Curry Fort Lauderdale FL 33312 Ultra is an absolutely horrible period of time for me and every single resident that I know in downtown Miami. Erin Fabian Miami FL 33132 I fully agree that these events are far too disruptive to residential life and are only geared around3t urists who have no stake in our city. Submitted into the public record for i to s) o' 3—t City Clerk Michelle Stoppi Miami Beach FL 33141 I am a resident of 888 biscayne and my kids need a park. Filiz KAYALI Miami FL 33131 It is very disruptive having these kinds of activities in a business and residential area of the city.. Juan Berrios Miami FL 33132 Those massive music festivals need to move to a more suitable location. The disruption to residential life is unreasonable. Crandon Park should be the site for such events Stephanie Jaffe werner Miami FL 33132 I live in front of the park. I love music, concerts & lively activity. The mega concerts are out of control. Brittany Caldwell Fort Lauderdale FL 133302 I'm a downtown resident with two young children and they need access to a park (with grass - not a mud pit). Carlos Castro Miami FL 33131 1 agree with the petition as Bayfront Park have been deteriorated in the last years for the different events organized there, As I live three blocks from Bayfront Park, when the events happened it is not possible to move freely in the neighborhood because streets are closed and the big crowd of people and noise make impossible to live in downtown during the days of the events. Last but not least, I don't want to see the park restricted for us to enjoy the beautiful place it is. Maria Carolina Fabretti Romero Chicago IL 6061.1 I have a 18 months old baby and the noise and multitude are very disturbing. There is one event every 3 weeks. this has to stop for the benefit of all residents of Miami Downtown. Greg Bishop Miami FL 33132 The amphitheater is suitable for concerts, NOT THE ENTIRE PARK!!!! Carlos Leon Guaynabo PR 971 i have a 5 year old kid who can't enjoy our park between all the events and the homeless people in the surrounding areas. Thanks! Mary alexis Zeman Miami FL 33131 I live downtown and enjoy bayfront on a daily basis EXCEPT when these concerts uproot my entire lifestyle , home, and safety to my local park. Jean Pierre Coymat Miami FL 33131 There are too many large scale events exerting unnecessary stress on the park. maria Eugenia Fuenmayor Caracas I have an apartment in this neighborhood and during the Ultra and Rolling Loud, I move to other areas outside my neighborhood due to the noise. When everything has happened, I cannot visit Bayfront Park since it remains closed. Then 1 leave miami without enjoing the beauty of a Park that is emblematic for this area, It is a pity. Laura Haines Miami FL 33131. As a resident living next to the park it is massively disruptive and for more than just the weekend of the event, the park is unusable for weeks before and after Mauricio Castro -Wright Miami FL 3317E Disruption to our lives in downtown Miami. Oguz Ertekin Miami FL 33131 I live in one of the high-rise buildings adjacent to the Bayfront Park and all the mega events such as Ultra and others have become a huge disturbance to lives and I believe also impact property values negatively. anthony napoliello miami FL 33131 Downtown has become a beautiful work/residential environment, Ultra and other events have become disruptive and embarrassing events for our neighborhood. Submitted Leanne Weinbrot Miami FL 33130 ilf#o t!~le puNc. It ruins my weekend and my dog walks for the following 4 week! 4brd for items} . ^' on City Clerk Grace Escudero Miami FL 33131 These events disrupt my daily living during an entire week which I often must leave my home in order to be able to work. Safety, traffic become a hazArd issue due to this. David Kessler Miami FL 33131 These mega events are totally disruptive to life in our neighborhood. They do not belong in this enclosed space, often preventing us from using our own park for months at a time around these events. Alfonso Camano Miami FL 33131 I am not against events at the park within reason. These types of concerts are traditionally held in exterior parts of a city for a reason. Pierre Hadley Stamford CT 6902 I'm signing because I live next to Bayfront Park and do NOT appreciate losing the park for multiple weeks for loud music and traffic congestion. Alejandro Schwedhelm Miami FL 33131 1) The park is closed for too long to set up and deconstruct for the major events.2) I feel compelled to leave town during the major events. The noise and traffic disruption is just too much. Gabriel Morales Miami FL 33131 I'm a downtown resident and property owner. These events not only prevent me from enjoying the park but create so much congestion and traffic that I can't even leave my home. Arya Zahedi Miami FL 33131 I am in agreement with that the negative impact outweighs the revenue generated by these events. mark matchett Miami FL 33131 i live in downtown mlami. the disadvantages and disruption outweigh any positive impact city is getting. neighborhood loses park for months and deals with noise and other pollution what seems to be a minimal benefit to city and zero benefit to area residents. Kristen Jimenez Hialeah FL 33016 I live next to Bayfront and can NEVER use the park for my dog and when I can, it's full of glass and garbage and even drugs from this event in particular. sarah eaton Miami FL 33131 the noise is making me move from my apt Maria Sued Miami FL 33131 Too much traffic with all of these events!!! John Comer Miami FL 33131 As a resident, sound and crime increase is not welcome. Terrance Johnson Miami FL 33131 I don't want my neighborhood ruined with Noise, Drugs, and Crime! Patricia Moreno Miami FL 33131 3 days of Ultra noise is not fair to residents Teresa Holmes Miami FL 33131 It makes life miserable for those who live nearby. I can't walk my dog for days. The noise is unbearable. The druken state of those attending is deplorable. As a taxpayer I vote no to these large, intrusive events. thank you. Matthew Corcoran Miami FL 33131 These events are a black eye to the downtown residents. Suzanne Johnson Miami FL 33131 Thank you Miami Downtown Neighbors Alliance! After the Rolling Loud Event I wrote to our Commisioners regarding these mega concerts and the negative impact on the park and downtown residents. To date ! have not had the courtesy of a reply from either Ken Russell or Frank Carollo. Hopefully this petition wjlnake a difference! Submitted into the pOlic rfvewe" #.,.-:....../..ti 1 xR 1 2 on Qf 3--j. City Clerk Mariaelena Vengoechea Miami FL 33131 Terribly affects access to our building and interrupts all normal activities. Cannot enjoy those concert weekends. They are annoying! Lawrence Snetman Miami FL 33132 My dogs miss their park too! Simon Gomez Miami FL 33131 The park is not being run as a public recreational area but more as a revenue generating facility. Its abusive. sandra lacayo miami FL 331.3:) it disrupts traffic and lowers property value Iris Eileen Tanon Miami 33131 is very, very hard the live in Miami with these huge events.The traffic, the people and the noise since early in the morning till the midnight are intolerable. Also It privates you from the use of your own property in a peace way. You can not rest, you can not sleep, you can not speak or watch tv inside your place due the terrible noise.We are in a very chic place paying a lot of taxes for this mess. Daniel Carpenter Miami FL 33183 I live in the neighborhood and wish to see these events relocated to a less residential area. Between the trash, the drug and alcohol abuse, my vibrating windows (on the 44th floor, mind you), enough is enough. Thank you Claudia Lagrange Miami FL 33131 I think the park and downtown are being abused by these events, especially residents and people who work in the area. The area doesn't have the capacity to hold such huge events like Ultra,etc. Life in downtown changes dramatically, creates chaos and it is not fair for residents and workers in the area. Jeffrey Javier Miami FL 33131 For All of the reason the petition wrote about....it was fine when it was smaller event but now there are to many people in one space and garage and the drinking, etc had become very bad for our residents to endure' 1111 Ruth Beattie Miami FL 33131 I hate living here now due to this disruption and noise. Hector Schwerert Fort Lauderdale FL 33317 I'm sick of the traffic, the dope and the drunkenness and lawlessness during this festivals and I have a family that lives at 300 Biscayne Blvd Andres Lozano Miami FL 33131 I am signing because I moved to downtown Miami thinking that I could use Bayfront Park for morning and evening jogs, but most of the time is fenced in and off limits! Marco Pagano Miami FL 33131 Ultra is truly a mess for the community. Te a legalized rave with drugs and naked people everywhere... came on Do it away from the downtown area... Valeria Espinosa Miami FL 33131 I lived at One Miami Building for 8 years until 2015 and every March my family and I had to leave our apartment due to the traffic congestion and unbearable noise of Ultra Music Festival. I am sure there are other places in Miami where this type of festivals could take place and not bother the people living in Downtown. Maria Lugo Managua 33131 I have a toddler and stroll around the area frequently, its completly imposible to take my child outside because of the inappropriate environment. The traffic is crazy and noise unbearable Macasa 5aldarriaga Key Biscayne FL 33149 My apartment is on Biscayne Blvd. and its a disruption to have this loud and messy events, they are not for the residents of down town but for way too many people that come from other places to disrupt our neighborhood Nina Strnad Lake Forest IL 60045 I stay out of town during these events which are the worst part of living downtown. They do not Aact the Submitted into the tlhli people nor reflect the qualities that would desirable for our city. Ur1 c _1 A' o,10..._( Y City Clerk Andres Lozano Miami FL 33131 Thank you for doing this MDNA! We need our Bayfront Park back. Noise from the park events just gets worst and worst every year and we do not have as much access to the park as we used to. Mallory Cooney Miami FL 33131 I live and work very close to Bayfront Park and am more than tired of the constant events that flood the area with people and noise and disrupt our lives. I'd like to be able to take a stroll through the park but frequent closures make that impossible most days Karen Mathieson Miami FL 33132 I live across from the park and the mega -events such as UltraFest and Rolling Loud are very disruptive to downtown residents and they destroy the park. Miami has a healthy residential population downtown, if you destroy that, only the homeless will be left and the streets won't be safe for anyone. Claudia Roussel Miami FL 33132 Parks are here for the quite enjoyment of its citizens. One refuge in a bustling city must be preserved! Ferreira Marcos Homestead FL 33031 Enough is enough! Ashley Reis Miami FL 33131 The 3 day event is obscene and destroys our beautiful park. This event in particular, Ultra, closes access to the park for a month! Please take this event elsewhere, like to the beach!! Maria Castillero Hollywood FL 33023 These events closes off the use of the park not only for the days of the event but during the setup and cleanup. I pay very high property taxes to have this restrictions and traffic problems at my door! Enrique Mesejo Miami 33131 The park is for the enjoyment of residents, not to be close to the public before and after the events for over 120 days per year Christine Mohrmann Miami FL 33131 The park was closed for almost a month for Ultra and then again fora shorter period for Rolling Loud. This is an excessive amount of time to close the major green park space in a mixed use but increasingly residential neighborhood. The park is a significant factor in bringing value to the area (ie - real estate tax dollars). Tammy Arias Miami FL 33177 We should have daily, usable access to the ONLY park in the area. The park has been "'recovering" from these events for an unacceptable amount of time, it's gone too far. Diego Morales Miami FL 33130 Tired of big events taking over the entire park. tire of the hip hope events Tired of the trash & traffic Tired of the corrupt politicians and city attorneys Diana Sanabria Miami FL 33130 Every single time the Bayfront park is used for particular business purposes, the life of several people is affected because of the traffic, people disturbing the peace and premises being affected as per the participants bad behavior and modals. The sound is also insoportabie and we have to change our entire routine to be able to be safe during those days. Drugs, alcohol and garbage in the streets are common during those days. Very uncomfortable and deplorable for the community. Victor Couzens Miami FL 33132 There are numerous vacant lots in the city that can be turned into an amphitheater. My family ar Echildren deserve to enjoy the integrity of this beautiful park. Submitted into the public .-.1 F.. :4.....1..1 r11. i a � 0-9 ' 1.J l I . City Clerk Sophie Blachet miami FL 33132 I am sure that there is much better options to a downtown city park to host those events. It is damaging severely the parks, the nuisance to the neighbors is important and the experience to event -goers is minimal. Stephen Dutton Miami FL 33132 I support my neighbors who stay in town during these events, unlike me who always leaves to avoid the disruption!!! Martha Sternberg Miami FL 33150 Move the loud concerts away from a residential neighborhood! Omar Inchausti Miami FL 33132 I have a 4year old, live in 50 Biscayne in a corner unit so ultra really effects us, the noise, crowd and most of all the park closing for almost 2 months every year.... Please relocate Ultra and Rolling Loud!!!! Dan Tebo Fort Lauderdale FL 33317 Noise is destroying quality of life in the 33131 area. Also is negatively impacting property values in area. City should realize that this negativity reduces property taxes more than the added income from these horrible events Stephen Quinnan Miami FL 33132 These events are very disruptive to downtown life and cause my own building to lock down amenities that should be available to me because. They do this because of severe damage that happened during Ultra on a year when they were not locked down, May Mallouh Miami FL 33138 These events impact the quality of life of residents of Downtown and in all honestly I am not sure where the proceeds from these events are being reinvested? Robert Seibert Miami FL 33132 The concerts are ridiculously loud and should be held in a space that is appropriately BIG ENOUGH Fran Fenton Miami FL 33131 The park should be geared toward the locals, who walk dogs, rollerblade, ride bikes, practice yoga, stroll and take their kids to the playground, which they should be able to do 365 days a year. JUAN CARLOS GUERRERO Miami FL 33132 I consider the park must benefit to Downtown area residents, kids and families don't have a good recreational space because park is closed in order to host events. Play ground in the park must have at less a roof to protect kids from the strong sun. All equipment and infrastructure is deteriorated by event over event. Miguel Quintero Miami Gardens FL 33056 I'm in bayfront park nearly everyday. Im a resident of Miami. I'm tired of losing the park to outside money that comes in, sequesters and destroys what belongs to Local tax payers. It's not right to us who live here. Despina Ikonamidon Miami FL 33131 These events destroy the park. Can't take the noise and inconvenience anymore!!! Rolando Masferrer Miami FL 33132 I hope this starts the conversation, but getting rid of the mega festivals may not be possible. My hope is that this petition helps our elected officials realize how many residents care in Downtown. Negotiate better deals where the City AND the residents both win. Bayfront Park and Museum Park deserve City funding. Until that happens, then the Parks will exist to fund the Trust and not benefit the residents of downtown. 5hajay Das Miami FL 33126 I am a resident of 50 Biscayne and I am sick and tired of the constant decision to close down the bayfront park from the residents. Abigail Berler Miami FL 33133 Miami needs to do a better job of preserving open, green space in all parts of the city. Rishi Burke Miami FL 33143 too much noise and traffic event should be held where there is more space to handle the crowds why should us downtown residents have to deal with inconvenience and loud music for 72 hours. Move it tol-p7mestead maybe the Motor Sports Complex lots of room there or the Tamiarn i park or Tropical Park lots of room in L,..rh .,I ,,ese Submitted into the2ubhc record for item on V9— 3i