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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) on City Clerk SAMUEL I DUBBIN, P.A. P.4. � �� WRECT (305) 357-90104 sd u bb i n ridu b b in kravetz. com June 20, 2018 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 All: 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").' 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 allowinFormula One racing in the Residents' neighborhood must account foi- l= Ualder Section 38-104 of the City of Miami Code. the Bayfront Parc 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 GAS LES, FLORIDA 33134 TELEPHONE (305) 371-4 3 700 • FAX (305) 71-4701 4 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 2 Submitted into th I�1}C 3 recon �item,�,�onCity Cierk 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 is] 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 ealjoyment of private property rights, including excessive noise, is a legal nuisance and may be restrained." Town of Su (side 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 Chvners Assn, Inc., v. Neidli'nger, 182 So.3d 738, 741 (Fla. 3d DCA 2415). As shown below, Mega -Events such as Ultra, American Ninja Warrior, Rolling Loud, and Forrnula 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 LOLid, 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, DL BmN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES. FLORIDA 33134 • TELEPHONE 13051 37 1-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust .lune 20, 2018 Page 3 Submitted into the b��. 'Ljaf lr itenY(s) City Clerk 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. SAC 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 (10`x' floor), several management offices, Unit 2802 dining room and balcony, and the roof on the 55`x' 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 shove, that the disruptive mature 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 l.] dB, knoi n to result n widespread complaints. It also represents tin over IaIJ 1b1d increase in .sound inleMity in the bass frequency range Cabon,e the background levels. This intrusion is like having a boons bov in your living room for the entire day and evening. (Page J) 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 4 Submitted into the public record for item(s) 14-3 { 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 clay 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 bearing damage for residents located at the Associations common elements, including the pool deck and oil private property at the 50 Biscayne Condominium. " (Page 14) 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. (Page 14) The noise induced vibration of windows and blinds and other building f atures such as light fixtures caused rattling to be noticeable. A comparison with criteria developed by NASA for the potential damage to Housing structures clue to rocket takeoffs show that the Ultra event can cause levels of Iroise 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 Deported 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 Sit Biscayne Unit 5202 in 2010, two years before Ultra relocated to Bayfront Park. That first year, 2012, "[t]he noise caused our windows and other fixtures to Vibrate and rattle for hours every day, and made living, in our horne unbearable: due to the constant noise, thumping, and vibrations that resulted in sleep deprivation.. anxiety, and general exhaustion." Thcy decided not to stay home for Ultra the following year. DUBBIN & KHAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES. FLORIDA 33134 • TELEPHONE (305) 37 1-4700 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. I 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]vezyday 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 impossible 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 (305) 371-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 6 Submitter] into the Irecord for items)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 1 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 tourist$ 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 DUBBINI & 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 lYli iCir record for item(, L on 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 filmed 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. F ilining may occur from April 7 to April 16 of varied tines 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 110 decibels measured 60 feet away from each stage. Failure to cure each incident of sound level nota -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 DuBBIiN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE 13051 371-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust .Tune 20, 2018 Page 8 Submitted into the public record for items on F —t 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 'l2 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 disn7ay 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 G 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 ails 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 & KHAVETZ, LLP 1200 ANASTASIA AVENUE 0 SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust ,lune 20, 2018 Page 4 Submitted into the public record for item s} on City Clerk 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 al 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 I Races Up To 8,500 'limes Louder Than Recommended Daily Exposure Levels: Ear Plugs, Anyone?" reported: For Formula I tans. 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. The extremely damaging levels of noise Formula One in Miami would inflict oil Downtown residents, as well as other serious Financial, environmental, and hurricane safety concerns, is described in a recent article in bkori&i Politics. Ryan Nicol, "Questions linger as "Hurricane Formula One" bears down on Miami." .lune 19, 2018, littp:Hflori dapolitics. corn/arch ivesl26658J-hurricane-formula-one-miami. DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE 1305} 37 1-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust Tune 20, 2018 Page 10 Submitted into the public 3 record for itetn(s) City Clerk 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 bel. 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 I races routinely hit 130 dB. https:Ilwww.medicaldaiIy.com/formuIa-l-races--8500-times-louder-recominende 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 heating 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 dB, 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? - Nor€nal 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 I race car is far above the 75(IB safe zone, indicating that prolonged exposure is a risk for permanent hearing damage. Ken LaFerle, "Formtila I and Noise -Induced f learing Loss," Beltone. Blog, March It. 2015; ltttps:/Iblog;.belltone.coni/2015/031] llltormula-]arid-noise-indt€ced-heaz-ing--lass. (Bold supplied). DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE + SUITE 300 • CORAL GABLES, FLORIDA 33134 + TELEPHONE (305) 37 f-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 1I Submitted into the pub"c record for ite t s3 City C1� 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`"' Meeting of the Acoustical Society of America in December 2013. Commenting on Dolder's study, in The Ear Blog (veritashearing.com), Zalieer Rayasat reported: Measuring the noise at three different points on the track, lie found that at its loudest, he measured close to 140dB, which is about as Ioud as a jet airplane from 100 feet. Deep 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 1OdB 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 I does to your hearing: Just how loud is a Formula l car?," http://www.veritashearing.com/the-ear-blog/how-Loud-foriiiula-I-car/, July 13, 2016. Also commenting on Dolder's study, Tia Ghose in "Formula 1 Racing Loud Enough to Damage hearing," in livescience.coin, reported: Formula I 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 aCOListicaI engineering at the University of Texas at Austin, said at a news conference [on Dec. 4, 2013] at the 166"i meeting of the Acoustical Society of America." [Dolder] measured the sound levels at three locations at a Formula I 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 Salty and Health Administration (OSHA) considers safe for a normal workday. In some spots each lap of cars around the track put people alcove a sate level of daily noise exposure. People sitting at the noisiest location would get 85 times then- daily noise dosage if they sat through an entire race with no ear protection. 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 12 Submitted into the public -3 record for item s City Clerk on Tia Ghose, "Formula I Racing Loud Enough to Damage Hearing," https://www.livescience.com/41684-fortnula- l -racing-noi sy.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 ii,hich 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. httl2s://www.topgear.com/car-news/motorsport/forniula-l-could-be-getting-noisier (Emphasis supplied). B. Excessive Noise from Mega -Events Violate the Cily Code and Constitutes A Legal Nuisance and. Which Cannot Be Legislatively or Administratively Authorized. 1. The noise generated by Mega -Events Violates the Ci!y 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 ad;acent thereto. Sec. 36-4. - Operation of radios, phonographs or other sound -making devices; bands, orchestras and musicians—Generally; exemption. DUBBIN & KRAV=, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE !3051 371-47007 SuaFp�� ' Mayor, City Commission, and Chairman recitem(s) nn Bayfront Park Management Trust June 20, 2018 Page B (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 364(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 fixture 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 Domes. 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 Bartlen i� hloals. 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 Dere are asking the City and the Trust to prevent in the future, an "open air dance pavilion" that was located 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 frorn 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 & KRAVETZ, LLP 1300 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 14 Submitted into the miblic rec r for items} NO Orl 1 City Clerk 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 I 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 homes 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. 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. mother reason is that mankind needs both rest and sleep, and noise tends to prevent both. Id., at 67. The Court in Bartlett added: The noise of musical instruments kept up for such periods of time and at such hours of the day or night as to be 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 I 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 13051 371-4700 Mayor, City Commission, and Chairman, Bayfront Park Management Trust June 20, 2018 Page 15 Submitted into the pu ' record for item s) . 05� 1 , City Clerk 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. Word 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, Fla. 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 Totino ofS1n,side 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 durnp 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 oj-Micnni v. Carat Gables, the harms inflicted on the injured residents lion 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 ]nlunction, and observed: The record on appeal contains testimony from citizens participating in this law suit as to smoke, odors. ash and soot falling 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 shov4s DuBarn; & 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 16 Submitted into the,blii�` recon for it s} 3 on '" 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.' M., 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 Alianii 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: 'If a 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., DU13BIN & 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 public. t�. record for item( on 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. 1" 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 en -ed 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 ff•om the operation of these mobile units is so intense that plaintiff is unable to transact business with his customers in a normal firshion, for• in order to communicate it is necessary that they shout at each ether in order to he heard The noise is so loud that plaintiff and his family are tenable to sleep at nights, which condition has had an adverse effect upon their hccrllh- 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 cis to shake the springs of -the beds• on which plaintiff and his family sleep, as rl-c>ll as rattle the winch)ws 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. Id., at 301- Contrary to these principles the Trust and the City have allowed public land - owned in part 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 c011tinUe any longer. DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES. FLORIDA 33134 • TELEPHONE (305) 371-4700 Submitted into the public . record for item s}r) tj Mayor, City Commission, and Chairman, on - City Clerk Bayfront Park Management Trust June 20, 2418 Page 18 2. Neither the BPMT nor the City_ Commission can authorize activities that constitute a legal nuisance. The fact that the City Commission, 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 Assn, Inc., v. Neidlinger, 182 SO.3d 738, 741 (Fla. 3d DCA 2015)("enjoining commercial airport tours that generated noise levels up to 144-1 10 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 i 974)(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. I would be happy to disCUSS this communication with the City's or Trust's attorneys at any time. PLEASE GOVERN YOURSELVES ACCORDINGLY [Zes ctfully Samuel J. Du 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 & KRAvL-rz, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES. FLORIDA 33134 • TELEPHONE (305) 371-4700 Submitted into the public record for item s on - city Clerk EXHIBIT 1 �rvcrr�e€arNc RESF1iRCk Mr. Itai Benosh Board Member and Treasurer 50 Biscayne Condominium Association, Inc. Treasurer, Downtown Neighbors Alliance, Inc. 50 Biscayne Boulevard Miami, FL 33132 Submitted into the I'uJ record for item '�'� on City Clerk Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 754.229.1450 Subject: Ultra Music Festival Sound Survey Tests Dear Mr. Benosh: 21 May 2018 PJ2018-1252-LO1 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 (10"' floor), the Unit 2802 balcony, and the Roof (55t" 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-LD1 — 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 c�1 a substantial intrusion which penetrates well above the ambient background. ' •� Z, U 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, and minor vibration induced damage to the buildings in the proximity of the Ultra events. ° The sound survey tests are summarized herein. °° 0 Sound Level 'Standards Communifv 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).' 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. Hearinq 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 HM Pompano Beach, FL 33062 BAC PJ2018-1252-L01 - 50 Biscayne - Ultra sound survey Page 3 Health Effects Standards U High levels of noise are known to be biological stressors. Numerous studies show that additional &' V 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 y Q The sound levels which can cause these negative effects are generally less than those which cause S 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. .s] Q Noise Induced Vibration Standards a Criteria were developed by NASA to assess the potential of noise induced damage to housing structures due to rocket takeoffs.6 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. ` Guidelines for community noise / edited by Birgitta Berglund, Thomas Lindvall & Dietrich H. Schwela. Geneva: World Health Organization. 1999. 2 Hot topics in noise. (Interdisciplinary Hot Topics) ASA 141 st Meeting, Chicago, June 2891, J. Acoust. Soc. Am. 109 (5, pt. 2), 2424. 2000 3 US Dept. of Health and Human Services {NIOSH} Publication No. 98-128. 1998 4 Noise Exposure and Public Health, Willy Passchier-Vermeer and Wim F. Passchier, Environmental Health Perspectives Vol 188, 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 - 58 Biscayne - Ultra sound survev Paae 4 Sound survev 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 3'/z to 4'/z 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 (551' floor) L3. On the pool deck near the informal party room Brooks Acoustics Corporation 49 N. Federal Ho Pompano Beach. FIL 33062 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 E 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 survev 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 3'/z to 4'/z 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 (551' floor) L3. On the pool deck near the informal party room Brooks Acoustics Corporation 49 N. Federal Ho Pompano Beach. FIL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 5 The longterm survey test positions bracket the various levels in the building where residents live. Y p g The pool deck on the 10'h floor represents the residents on the lower levels just below and above that �,U 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: .E 1. In the living/ 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 "' c All test locations directly faced the Ultra event venue. Short term Position 1 (Unit 2802 living 1 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 HM 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 t speed at 3 pm, 24 March was about 1 to 5 mph at the microphone location. 0 V 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. '2 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 o on a tripod and was transported to each field survey test position in sequence. This system was C, 2 c 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 analvsis 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 "d BA 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 HM Pompano Beach. FL 33062 BAC PJ2018-1252-LO 1 -- 50 Biscavne – Ultra sound su Time history analysis VA 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 Lo, 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 Lo, level is defined as the intrusion sound level. Another example of a statistically derived quantity is the Lso 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 Lao 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 (1-1), and the background ambient sound level (1-90). 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 HM Pompano Beac—FL 33062 BAC PJ2018-1252-L01 — 58 Biscayne -- Ultra sound survey Page 8 R V These objectively definedcriteria may be applied to the measured data to determine the intrusion of the noise generated by the Ultra Event. ' U Spectral anally Ls — 113 Octave Bands , Included in this report are spectral sound data. These data are the result of a spectral analysiso of the measured sound. In this analysis, the measured sound of the test record is divided into E bands, known as 113 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 4 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 113 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 LA 1, A -weighted intrusion level and the L1 -Bass, bass content intrusion level. During the Ultra event at 11:25 pm on 3124 the sound levels for the test at Position 1, inside the Unit 2.802 Living 1 dining room, were measured. The background sound level was measured at 1:50 pm on 3123, before the event started that day. Brooks Acoustics Cor Mtion 49 N. Federal Hwy Pompano Beach, FL 33062 BAC PJ2018-1252-LD1 — 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. Similar results are seen for the long term test locations on the Pool deck, Position 3 (NE comer) and Position 3A (E side). One hour averages were compared for this outdoor location. The Ultra event sound levels were taken on 3124 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 95 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 balcon 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 HIM Pompano Beach, FL 33062 BAC PJ2018-1252-LD1 -- 50 Biscayne — Ultra sound survey Page_1 Q The first chart shows the measured bass content data from 10 pm on Thursday, 3122 to 2 pm on Saturday, 3124. The second chart shows the measured bass content data from 2 pm on Saturday, 3124 to 10 am on Monday, 3126. 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 2862 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 3125 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. WOM to =25 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 3124 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 Biscavne — Ultra sound su by the Ultra event on Sunday 3125 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. U 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 �° w 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. En ` G 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. � U 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. o E The measured low frequency (bass) sound levels of the Ultra event were extremely high. It is seen w that the intrusions caused by the Ultra. Festival outside are as much, or more than the intrusions at 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 widespread complaints. It represents almost a frequency range above the background levels.. exceeds the criteria of 15 dB, known to result in 300 fold increase in sound intensity in the bass 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. Negative health 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 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. 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 3123 was 88.4 dBA. This exceeds the recommended hearing protection limit Brooks Acoustics Corporation 49 N. Federal HM Pompano Beach, FL 33062 BAC PJ2018-1252-11-01 — 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. r., 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 5 dB. This means that a + U 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 3125 .2 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, �o after which hearing damage can occur. �p 4 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 HM Pompano Beach PL 33062 BAC PJ2018-1252-1-01 — 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. U The standard design criteria for outdoor entertainment facilities dictate that the noise intrusion �U on communities be measured by the difference between the occasional noise interference level, which occurs 1 percent of the time (1-1), and the background ambient sound level (11-90).0 For the criteria of L1 minus L90, the following results may be expected: CM L1 — L90 less than 5 dB: Facility rarely audible with minimal complaints. a 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 (1-1) 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 '/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 HM 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. 2 Importantly, the survey data demonstrated that the low frequency rhythmic bass and drum thumping 4 - 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 gdl,3115 Bennett M. Brooks, PE, FASA, INCE President Attachments 9'a : 'No 13441 �• � � ENS"r'Q s � NgL :w'" Brooks Acoustics Corporation 49 N. Federal Hwv Pompano Beach FL 33062 BAC Proiect Letter LR2018-1252-L01 Submitted into the pu tic record for item s} - on City Clerk Fiaure 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- Submitted into the public record for item(s) V114 on r City Clerk BAC Project Letter LR2018-1252-L41 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) w 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. I:TAi"'1t7C�iR-�ii�iA:i����iE:�iF�7►�!>��Til Submitted into the public�r record far item ) °n ( city cleric Fiaure 1 c.d Figure 1, c. Short Term Test Position 1 - Unit 2802 dining room. Analyzer on tripod. Long term monitor visible on balcony. Figure 1, d. Short Term Test Position 1 - Unit 2802 dining room. Ultra Festival main stage visible below. Submitted into the public rccor for item s) • -3 on ' City Clerk BAC Proiect Letter LR2018-1252-La1 Figure 1 eJ Figure 1, e. Long Term Test Position L2 - building roof (55th floor). Figure 1, f. Long Term Test Position L2 - building roof. Submitted into the public record for item } eNin on '' City Clerk BAC Project Letter LR2018-1252-1-01 Figure 1 rgh Figure 1, g. 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. Submitted into the public record for item S) , 3 on joRfrCity Clerk BAC Project Letter LR2018-1262-L01 Figure 1 i Figure 1, i. Long Terre 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. Submitted into the public record for item(s) on City cUk BAC Prosect Letter LR2018-1252-1-01 Fiaure 1 k.l Figure 1, k. 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, 1. Short Term Test Position 4 - Informal party room (10th floor pool deck). Analyzer on tripod. �Y ,• .. - .. }. - f•'il ++•' i d r d. �F���lltv�iC7iP.. -�� ~,` LNv _ � y1*4 F - f - d w WA l A;; rif Sac Submitted into the public record for its) BAC Project Letter PJ2018-1252-L01 0 -�CitY Clerk 50 Biscayne Ultra Noise Survey Miami, FL Table 1 ACOUSTIC INSTRUMENTATION SYSTEMS Norse Survey- 22 to 27 March 2018 Data Acquisition Equipment 1. Norsonic Instruments - Digital Precision Sound Level Analyzer- Class 1 Model NOR 140, SIN 1403462* - Microphone - Model 1225, SIN 98505* - Acoustical Calibrator - Model 12.51, S/N 32064* 2. Rion - Digital Precision Sound Level Analyzer - Class 1 Model NL -52, SIN 00375623 [Position Ll]* - Microphone -- Moder UC -59, SIN 11098 - Preamplifier - Model NH -25, SIN 65750 - Digital Precision Sound Level Analyzer- Class 1 Model NL -52r SIN 00331834 [Position L2]* - Microphone - Model UC -59, SIN 05046 - Preamplifter - Model NH -25, SIN 21785 - Digital Precision Sound Level Analyzer - Class 1 Model NL -52, S/N 00921170 [Position L3]* - Microphone - Model UC -59, SIN 04202 - Preamplifier - Model NH -25, SIN 21212 - Digital Precision Sound Level Analyzer- Cuss 1 Model NL -52, SIN 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, SIN 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. Table 1 BAC Project Letter PJ2018-1252-L01 50 Biscayne Ultra Noise Survey Miami Beach, FL Table 2a Summary -- Measured Sound Data - 50 Biscayne Condominium Ultra Event Norse Survey 22-27 March 2018 Short Term Test Periods Test )sition Date Location Ll -Bass* Observations 1 3/24/2018 Unit 2802 dining / living room 91 Music at Ultra Events Residence interior 1 3/23/2018 Unit 2802 dining / living room LA90=32 LRass90=48 Ambient background sound Residence interior Music shut down before event 3 3/2.4/2018 Pool deck 118 Music at Ultra Events 11:00 PM NE corner - outdoors 3A 3/2612018 Pool deck LA90=57 LBass90=69 Ambient backgroLind sound 11:00 PM E side - outdoors 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 2a BAC Project Letter PJ2018-1252-1-01 50 Biscayne Ultra Noise Survey Miami Beach, FL Test Position Date L1 3/2312018 Table 2b Summa -- Measured Sound Data - 50 Biscayne Condominium Ultra Event Noise Survey 22-27 March 2018 Long Term Test Periods Location L1 -Bass' Unit 2802 balcony 112 Residence balcony L1 3/23/2018 Unit 2802 balcony Residence balcony L1 3124-26 L1 3124-26 Notes Unit 2802 balcony Residence balcony Unit 2802 balcony Residence balcony Observations Music at Ultra Events LA90=64 LBass90=68 Ambient background sound Music shut dawn after event 114 Music at Ultra Events LA90=65 LBass9G=72 Ambient background sound Music shut dawn after event L- Bass is sum of 40 to 125 Hz 113 Octave Band unweighted levels Ambient background sound level applies L90 metric Table 2b BAG Project Letter PJ2018-1252-1-01 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 3122-27 L2 3/22-27 Notes Roof 108 Music at Ultra Events E side Roof LA90=62 LBass%=68 Ambient background sound E side Music shut down after event L- Bass is sum of 40 to 125 Hz 113 Octave Band unweighted levels Ambient background sound level applies L90 metric Table 2c BAC Project Letter PJ2018-1252-L01 50 Biscayne Ultra Noise Survey Miami Beach. FL Table 2d Summary -- Measured Sound Data - 50 Biscayne Condominium Ultra went Noise Survey 22-27 March 2018 Long Term Test Periods Test Position Date Location Ll -Bass* observations L3 3/23/2018 Pool deck 115 Music at Ultra Events NE corner L3 3/23/2018 Pool deck LA90=63 LBass9€3=71 Ambient background sound NE corner Music shut down after event L3A 3124-27 Pool deck 119 Music at Ultra Events E side L3A 3/24-27 Pool deck LA90=62 LBass90=72 Ambient background sound E side 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 BAC Project Letter PJ2018-1252-1-01 50 Biscayne Ultra Noise Survey Miami Beach, FL Table 3 Summa -- 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 Test Position !;Yate Location LAeq 8 -hr TWA Exposure time before hearing damage L1 3123/2018 Unit 2802 balcony 88 4 hours L1 3/24/2018 Unit 2802 balcony 91 2 hours L1 312512018 Unit 2802 balcony 93 1 hour 16 minutes L2 3/23/2018 Roof 83 12 hours 42 minutes L2 3124/2018 Roof 85 8 hours L2 3/2512018 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 3/2512016 Pool deck 93 1 hour 16 minutes 'Note - Per NIOSH criteria Table 3 50 Biscayne Ultra Noise Survey Miami, FL 120 — 110 — 100 — Sound Pressure Level 90 L 1 & -:0 Bass (40-125 Hz) 80 --- in dB +� re' 20 pPa 70 — Ultra Music Festival Noise Survey Residence Unit 2802 Balcony Low Frequency (BASS) Sound Levels Ultra Music Festival Music with heavy bass Drop in nwio BASS SOUND LEVELS bass levels when MUSIC is sl•€ut 40 to 125 Hz down L1 freak to baseline = L1 - L90 112de-G8d8 = 44 derci iels . ................ L90 .. ... ....... [sip music) Music off Music off Date: 22 Mar 18 Time: 10:00 PM Position: L1 [Friday Saturday BO C) o o© 0 0 0 0 o 0 4 0 0 0 0 0 0 0 0 0 0 0 n 0 0 o o© 0 0 0 0 0 0 0 0 0 0 0 a 4 1p 4 O O O 0 13 1p O O O O C7 CO O O O C) O D © O O 0 O O O O O O o O 0 O O O C7 ? 0 N M ON M V' u'S [0 r� co' O N M V u7 tb M1 Q3 O N M C7 N 4' ]' TT u7 Cfl [� W O N C7 N N M M M Cl) M Cl) n i`7 (1] M N N N N N N N f` N ry N N M M M M M M M cn co n M M M M N N N N N N [ill N N N V N N Q Q N N t N N N N N N N N y`.5 � M M �'.� M �j j M N N N N C] C7 M M [rj M M [`7 ["7 C"7 Cl)] Cl) Cl) C7 [^'] M C7 M ['7 ['� [M [rj M C] C7 (`7 [•5 C7 C7 C7 START TIME (data for following hour) IBAC Time History LTH2018-4322 Pos L1 L -bass (40 - 125 into the Du record for itern{s)IQW on City Clerk 50 Biscayne Ultra Noise Survey Miami, FL 120 110 Music with heavy bass 100 Spend Pressure Level g0 L1 & !. Bass (40-125 Hz) 80 in dB Ultra Music Festival Noise Survey Residence Unit 2802 Balcony Law Frequency (BASS) Sound Levels Date: 24 Mar 18 Time: 2:00 PM Position: L1 Ultra Music Festival Drop in MUM uass !earls Then 111USiC Is Shut _ Music with down heavy+ bass freak #cy iaaseiine M 1-1 - L:90 114 df? 72 dE 42 decibels BASS SOUND LEVELS 40 to 125 Hz L9€3 (no r re: 20 pPa — — — .._......... ..,..................,.,.. , . Music off ,...............` ..,_. — — — — _. _. — — 70 -..�MLl51C Saturday Sunday Monday 60 - 0 0 0 0 0 0 0 9 0 0 0 0 0 0 0 0 0© 0 ca o Q 0 o© 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Q (D© a C, C) P 0 6 0 C7 0 O 0 0? 0 0 0 0 0 0 0 0 0 ca 0 o 0 0 ca 0 R 0 IR 0 o o CD 0 0 v M r C"7 [ti t") ti C"7 -zr M Oi ` r M o N :r c7 N -;r n ni N -T M ri N 6' C] a ff] N Li} N c:i u7 N M u7 N 'r LO N U-) u7 N io un Com! r= %n N co to N 6 UIS N 0 r �!7 N [�5 r �[] N C] c i r �i7 N C'] ri Lc] NN C7 -%r ,- L[i L:7 Lr) .- u) [7 r Cc"7 N Li r — r tt7 N M sic r u'.. M a)cp r �f] C1 C'7 0 N I N M N N M N N Irl N Cl) M N 10 N C7 0— CP N C7 [0 N M NCO (0 N n co Cn v Cil n ui CO co to CD M r to M CO ai CO f0 M M START TIME (data for fallowing hour) BAC Time History LTH2O18-0324 Pos 1_1 L -bass (40 - 125 H Submitted into the public record for ite*s) r on City Clerk 50 Biscayne Ultra Music Festival Noise Survey Ultra Noise Survey Residence Unit 2802 Balcony Date: 22 Mar 18 Miami. FL A -weighted Sound Levels Time: 10:00 PM Position: L1 110 Ultra Music Festival A -WEIGHTED SOUND Drop In niusic 140 LEVELS �.aund €evets Music when. TVILIsic is LAI shut down peak to baseline LA 1 - LAPO 90 Pia dBA - E54 d6A A -weighted 32 decibels Sound Pressure 80 Level LA1 & LA90 LA90 \j (no music) in d6 70 re: 20 yPa .....-.c—.,.,.._._.---------.__—_--_-- — _------.--. _ . 60 Music off Music off =Friday Saturday O C7 C] O p O O O D O Q a O 9 O O Q © O O C7 17 0 O O CO O a O O O O P O o C7 O D O O O O 9 9 C? © O 9 Q d C7 Q O Q Q 4 C7 C7 C? O 6 [7 O 4 4 ? O 9 O © O O © C7 9 9 J 9 Q O ryo r i m :r f tO ti ai of v ^ ` r2 7 � tri r� o2 �i o c r r r N N N Q ci N cN m v iii m ti � ai a ry ri •- N cMt co M M M CZ C) ^ r r r r N N N V V N COM N CJ M F"3 M M M C] C7 C7 C7 N N N C7 M Ci N N N (41 N N N N N N S'7 C7 M M M C7 C7 C7 C) [r] N C7 M M C`i M C`7 C] co C'7 M C7 N N N N C1 C) M [7 START TIME (data for following hour) BAC Time History LTH2O18-0322 Pos L1 A -weighted bevels. Submitted into the public record for items on City Clerk 50 Biscayne Ultra Noise Survey Miami, FL 120 NEI 100 A -weighted Sound Pressure 90 Level LA1 8 in dB 80 re: 20 pPa A•WEIGHTED SOUND LEVELS LA1 Ultra Music f=estival Noise Survey Residence Unit 2802 Balcony A -weighted Sound Levels I music i Ultra Music Festival Music LA90 (110 music) Date: 24 Mar 18 Time: 2:00 PM Position: L1 E)jop Is; nrLasrc v,mAnd levels when music is shpt down peak to baseline : Lw i - I...A010 104d8A-65dBA - :39 decibms 70 off Music off F.Music =unday LMonday 60 0 C 0 0 0 0 0 Ci O© d 0 0 0 0 O O O O C, O O O C 0 0 0 O C O 0 C,7 C7 C7 O O O O O O O O C7 Q7 0 0 0 0 C+ d 0 0 0 0 0 0 0 o O 0 0 0 C7 C7 O 0 0 0 0 0 0 0 0 0 0 0 0 0 06 0 0 0 0 4 0 0 0 0 �f li7 CO [� W W O N N N N M N O .-- N M y� ,� ,y� V' cCD C4 Lr7 +r5 LO oQ 47 O N C7 �l] [� !+ W t77 O V) ,ry ID r r r .- .- +- T r r N N N N M N O r N C+7 cr (o (0 wf.G iS7 <D R CQ CY5 CD co co to co y' V s¢ tt tii' N !y N N 1 N N N N N NZ4N co m n M N M M M N N N to Lo 47 in Lo a lis u7 Ln u7 u CC] M M M N N N N Q N N Q N N N N of N Ln N N M MM M n n n C7 co M C7 [`7 M M M F5 M M M M M M M MM en co M M Cl) M M M M START TIME (data for following hour) BAC Time History LTH2018-0324 Pos Ll A -weighted levels. Submitted into the public record for item(s) on 6City Clerk 50 Biscayne Ultra Music Festival Noise Survey Ultra Noise Survey Roof - near center facing Bayfront park Date: 22 Mar 18 Miami, FL Low Frequency (BASS) Sound Levels Time: 9:00 PM Position: L2 120 Ultra Music Festival BASS SOUND LEVELS Music with heavy bass Drop in music 110 40 to 125 Hz Puss levels when L1 MUSiC iS shut down peak to bigellne = L1 -• LUSO 100 tfs d8 - 68 dB Sound= 40 deabels Pressure Level 90 L1&:-. Bass (40-125 Hz) A AV" 80 — in dB re: 20 pPa L9i1 {no music} Music offMusic def MUSIC off 70 Friday Saturday unSday anday MTuesday 60 0 0 0 0 0 0 o o c, 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0©®© o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o co O r3 O 0 O 0 0 0 0 0 0 0 0 0 0© o 0 0 0 0 0 0 0 0 0 0 0 0 0© a o 0 0 0 o q ID C 0 0 0 a 0 0 0 0 0 0 0 0 0 v o 0 0 0 0 0 r c') Min rn M C �i'i r�o�Y-rir ri Ei'ilia'irri en r�eii.-ri,--c'i iei�6'i�c'a�i'i t�crs�c�iri�i irinvirri Liinrn.-i•�i ,o ri ui ai N N M co M M Cl) r r r' N N 'ct C 17 'C '"ff r r r ..- N N ,n to u'7 U') LO r r r r r N N Gp LA (0 co co '- P ,•- •R •�- N N f` i~ ti ti n N N N N N u7 u] 40 Liz +n UL: U-) N N Cti3 N N CG LH W CO � Cd CO N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N C7 C7 C7 c`7 c'7 M M M M [ 7 c`7 C7 C7 M i 7 M c`'] M M ai (*] C7 C7 CJ M i'7 Cl) C7 <^R C'i M :h M M C7 M M C7 C7 C] M C7 M M M c"i M M m [`"1 M C9 C9 C7 C7 C] START TIME (data for following hour) BAC Time History LTH2018-0322 Pos L1 L-bass (40 - 125 Hz) - Submitted into the public retard for item(s) OD --( 1 —1City Clerk X50 Biscayne !Ultra Noise Survey ;Miami, FL A -weighted Sound Pressure Level LA1 & in d8 re: 20 uPa 110 A -WEIGHTED SOUND LEVELS 100 LA1 90 80 Ultra Music Festival Noise Survey Roof - near center facing Bayfront Park A -weighted Sound Levels Ultra Music Festival Music [late: 22 Mar 18 Time: 9:00 PM Position: L2 Drop in m sic sound levels when rr isic is shut down pe* to bast -line - ...... . LAI-LS00 .......... 93 dBA - 62 dBA 31 decibels T i 70 — _— — — — — — — — — — — — — — — — — — — so LA96 Music off Music off Music off f (110 music) I Friday^ Saturday Sunday Monday Tuesday 50 C7 C?C7 C? Ca 0 4 C] 0 C? n C7 C7 4 0 C7 O M C7 C7 0 0 M C7 C7 ® O C7 (n 0 0 C7 M O O C7 0 0 C7 O C? C] 0 0 C? 0 0 0 0 C? d 0 0 d 0 C? 0 C7 0 Cl 0 40 C7 C7 0 4 4 C] 0 0 0 9 4 C7 0 4 4 0 C7 C, 0 0 0 0 C7 C] 0 U C7 0 0 0 Ca 0 0 4 C7 0 C7 C O Cl C] 1=10 C7 0 0 9 rrirmti`m;:riu2 r:o22 -4 ico`1-` riu2r 2 Q mL'r—m�riur�eiirQ -n Lnr-m;:- 2u2i :!�r li7(nu n0i N N M C,) Co Cq M r r r r r N N��� b•. � r r r r r N N�� lf� 0� r r r r N N� Co fD(0� r r r r N N r A r n� N N N N N N N M n M m M M M N N N N N �' r -T 'T V' t� N N N N N Ln 'K) 0 [n LO s47 0 N N N N N (D Co to to Co (O CD N N N N N N N CV N N N �. (.;.� C;y N N CSV N N N Co n Co Co Co N N 1 N CV N NL Co M M M M Co (0 Co M M M 00 re) M M M M M C] Cl) Cl) M M CS M M M Co M START TIME (data for following hour) BAC Time History LTH2018-0322 Pos L2 A -weighted. Submitted into the public recoT(t for Item(s) r 01! City Clerk 50 Biscayne Ultra Noise Survey Miami. FL 130 _ -- - 120 110 Sound Pressure 10 0 Level L1 & .... 90 Bass (40-125 Hz) BASSSOUND in d6 LEVELS Sfl ¢p t 125 H Ultra Music Festival Noise Survey Pool Deck - E side middle of informal party room (10th floor) Date: 24 Mar 18 Low Frequency (BASS) Sound Levels Time: 12:00 PM Position: 1-3-A o z re: 20 NPa Lf Music off 70 Ultra Music Festival Music with heavy pass L90 (no music) Drop in music bass levels tvhe:n niu -ic i, shul - peaK to bisFlinr IIrDdB-72dk1 i ... . = 47 Cicobels Music off.... _ Saturday Sunday Monday Tuesday 60 Q 4 O C7 CD C) 0, C7 CJ C7 O C7 0 C7 0 C3 0 © 0 0 0 0 0 0 Ca 0 0 0 0 0 0 0 0 0 C7 a a © o o © 0 0 o a o C� o c� o a o 0 0 0 o a o a a o a o a o a ra o 0 0 N St CO C1J C7 N C] N V iD Cp 9 N d' CR Cxry q N C? N ,r (O CO O N fp CK] O N O N V CO W r a- P N N U') kr) LO X] Cry N N Co Cp Co Cil CO N N r r4 r-- r rl- N N N (N N U') «7 C[5 h Ln U-) C!] N N N N C1! Ci7 Cp (i7 S[J Cp CO CD N N N N N N N N M M C') CO C) M M M Cl) M M M M M M C) M M M C7 M Cl) M C J M START TIME (data for following hour) BRC Time History LTH2018-0322 Pos L3A L -bass (40 - 125 Hz). Submitted into the public record for i tem(s) on City Clerk 50 Biscayne Ultra Noise 'Survey Miami. FL if[i> IDD 90 A -weighted Sound Pressure 80 Level LA1 & :_:` in dB 70 re: 20 pPa se 50 0 o O O 0 © 0 0 0 0 0 0 0 0 C? C, O C, o O O O O 6 O 0 0 0 0 O 0 Q O 0 0 O N C [p o9 0 N 0 N �T 10 W O N '7 [R Co o N O N V Co W 0 N t ro W 0 N 4 N �7 to Ch N N Ln Ln n In Ln ^ •- •- N N 40 Co ro CO to N N I- r_ n I, r., cr V `7 V V N N N N N to Ln La Ln u7 U-1 LO N` = ,S1V N CO Co (0 Q0 elo CD Cil N N N N N N N N C_J N LN i`5 M Cl). M N N iV (�I i N N cy M C'7 N N N N N C'7 C7 C'"3 f`3 M M i"7 n M 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 A_WEIGHTED fil MUSIC dr levels SOUND LEVELS si,;lf :P;. LAI 104 d0, - 62 dB 42 de :liy i8 LA90 (no music) .............. — — — — — — — — — — — — — — — --- — — — — — — — — — — — --- — — ........... ....... _..... ........... ... ............. Music off ..........., Music off Saturday Sunday Monday Tuesday BAC Time History LTH2O18-0322 Pos L3A ed. START TIME (data for fallowing hour) Submitted into the public record for item(s) on �7. City Clerk 50 Biscayne Ultra Noise Survey Miami, FL Unweighted (linear) Sound Pressure Level in dB re. 20 pPa 100 90 80 70 60 50 40 30 we= Ultra Music Festival Sound Survey Comparison Ultra Event compared with background Unit 2802 - Living 1 Dining Room Unit 2802 LA1 = 64 wlUltra Unit 2802 LA90 = 32 Background _IIIIIIII Unit 2802 Living/Dining Room vdl Ultra Event (3124 11.25 pm) L1 = 64 dBA Bass (40 - 12.5 Hz) = 91 dB ti Unit 2802 Living/Dining Room Background (3123 1:50 pin) 0. L90 = 32 dBA Bass (40 -125 Hz) = 4$ dB Date: 23124 Mar 2018 Time: various Position: 1 Difference between the REO and GREEN curves is the noise intrusion due to ULTRA EVENT Ultra Event intrusions Noise levels above background 32 dBA Bass (40 - 125 Hzy 43 dB 16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz 113 Octave Band Center Frequency in Hertz BAC Graph 20180324 Comparison 1 L1 Intrusion & L90 Backai"OLMO Ultra Event spectrum peak = 90 dB at 40 Hz Submitted into the public recur fox itern�(s On r City Clerk 50 Biscayne Ultra Music Festival Sound Survey - Comparison Ultra Noise Survey Ultra Event compared with background Date: 24/26 Mar 2018 Miami, FL Pool Deck - outdoor Time: 23:00 Poo€ Deck LA1 = 96 w/Ultra Position: 3a Pool Deck LA90 = 57 Background Unweighted (linear) L1 &I_ Sound Pressure Level in dB re: 20 uPa 120 110 100 90 80 70 60 50 40 16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4900 Hz 8000 Hz 113 Octave Band Center Frequency in Hertz BAC Graph 20180324 Comparison 2 L1 Intrusion & 1... 0 S icRo,ound Ultra Event spectrum peak= 113 dB at 50 Hz Submitted into the ublic record far item s}� on r City Cleric 50 Biscayne Ultra Noise Survey (Miami. FL 120 110 50 40 13 Hz 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 100 Unweighted (linear) 90 -1 Sound 80 Pressure Level w► r r 70 in dB re: 20 pPa r r 60 50 40 13 Hz 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 25 Hz 50 Hz 1/3 Octave Band Center Frequency in Hertz BAC Graph 24180324 NASA Comparison 3 L1 sound levels Itrp Even00s 100 Hz = 113 dB at 50 Hz record for item(5) r --5 on City CLA Ultra Event low frequency noise significantly exceeds NASA floor vibration criteria w► r r P r r r r �` � p i`laflrs L F Windows NASA Criteria for perceptible Noise Induced Vibration per TM -83288 :1 — I I – I I – 25 Hz 50 Hz 1/3 Octave Band Center Frequency in Hertz BAC Graph 24180324 NASA Comparison 3 L1 sound levels Itrp Even00s 100 Hz = 113 dB at 50 Hz record for item(5) r --5 on City CLA Submitted into the public record for item(s) r on (, q City Clerk EXHIBIT 2 ?,•' 17��COt'�i�BCk�111eIT11�GDi7i,, i : i'� ".: ;.. BAYFRONT PARK Home Schedule of Eveniw Yoga Classes Flying Trapeze School Big Bus Tours Lee &'Tina Kills Playground Contact Us i Employment D:recttons l Parking Af-ea Hotels FAQ Facilities Trutt Mettings i Agenda Park History t 1 r^ Cornrni=sivnar Joe ca.rollo 7a37ront Park Narrago mon* Truat Chairman f Park p. n a f "', I.. m (2 t Tru t - Tina Hills Pavilion Museum Park Cayfn6ntPark Schedule of Events All Dates, Times, and Events Are subject to Change Chalmlan Joe Carollo & Bayfront Paris Management Trust Present: Upcoming Events & Activities Bayfront Park Management Frust Today '� nG Friday, April 13 @Print i ek ,lUianih A jenid : 8:00prn American Ninja Warrior " n When Fri, April 13, Spm - 11 pm Where Bayfront Park, 301 N. Biscayne B-oulevard, Miami, FL 33132 map) Description Don't miss the American Ninja Warrior taping on April 13 14 at Bayfront Park! "American Ninja Wardor" will be hosted by Matt Iseman, AkbaT Gbajabiamila and co -hast Kristine Leahy. Returning Ninjas include Las Vegas finalists Jessie Graff. Drew Dre-chsel, JJ Wood, Kevin Carbone, Reko Rivera. Ryan Stratls, Tadd Bourgeois, Erica Cook, Lindsay Esialdsen and Rachael ;tHIJ Goldstein. Audience tickets required. http:llon-camera-andiences,comtshotivslAmerican_Ninja WardorT. more cletailsb copy to Tny calendar Saturday, April 14 9:00am Yoga by donation with JHOAN SUAZO (JOVI) � a Cr C 9:00arn YOGA CLASSES (T=REE) 10-04am SoulShine Yoga Event _.._ .......... .......... .. 4:00prn Flying Trapeze School _ p 6.00prn Falun Dafa (Falun Gong) 7:00pm POSTPONED Big Sean: Unfriendly Reminder Tour 2018 8:00pm American Ninja Warrior When Sat, April 14. Bpm -11pm Where Bayfront Park, 301 N. Biscayne Boulevard, Miami, FL 33132 (rnao) Descriott n Don't miss the American Ninja Warrior taping an April 13 & 14 at Bayfront Park! "American Ninja Warrior" will Submitted into thelic record for item o r City Clerk EXHIBIT 3 � �I y [� BAYFRONT PARK ad, o1 Doe � l� `-'� USE AGREEMENT HIS AGREEMENT hereinafter referred to as the "AGREEMENT," made this a7 day of y` qr 2018, by and between the Bayfront Park Management Trust, a limited agency and instrumentality he 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, Califomia 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. 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 Nirrja 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 fh7n 11.59 . n. ;7 r_ nn. n r Nil., r-.�.:i1. i - i£'i 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 ail 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, all 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 BPMTiCanam Productions, Inc. 2018 Use Agreement Submitted into the pu lic record for item s 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. 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 $1,400 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. d. 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 I lCER ranrecantc an u,ar ante ts,at durings a s 0f *hen n,.. -..,,Me., -- - *: n:a nyicerereirr_ its 0a, l!IGcLtu!-rp try) 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 BPMTlCanam Productions, Inc. 2018 Use Agreement Submitted into the public record for ite s} on City C]crk 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, Offacd 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, Apri! 13 — 14, 2018 (510,000 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,OOD.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'X90' 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 ,$2'5 ioc:arion lose JU-r each art7ilr}erLl larldkJE:Ir��,+Gi 1501 , $25 louaiion 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. TERNIS OF PAYNIENT: 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 pm, 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 r 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. DAMAGE DEPOSIT: The Damage Deposit shall be in the amount of $5,000.00. The Damage Deposit is. intended 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. 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 small 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 reo irrlinn chrmld ha rlirar ari tr, 1ho lncrrrnnna ❑.�mi�istrafor Risk Man �a __t _..__.— �,- �.. ,-„-,.,-„-, -,-, .-..l ...v4r. v•r...... •a•�Irerr rrvalua�y,, r�„rla !+.ICAlIQi.l Crl llGlll Division, 444 SW 2nd Avenue 9th Floor, Miami, Florida 33130, (305) 416-11604. 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 'e record 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 LASS: 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: All 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 fall 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 of Lmj k4ld, curpon or in connection with, the award of i'rris .Agreennenr. 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 719, 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 BPMTICanam Productions, Inc. 2018 Use Agreement Submitted into the Public record for item s) on tElel 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: AS TO THE CITY: Arthur Smith Emilio T. Gonzalez President City Manager Canam Productions, Inc. 3500 Pan American Dr. 4130 Cahuenga Boulevard, Suite 315 Miami, Florida 33133 Toluca Lake, California 91602 AS TO THE TRUST: Jose Gell Interim Executive Director 301 N. Biscayne Blvd. A n:. im. Flo.:'a ivieeai els. Flo` MA WITH A COPY TO: Victoria M&ndez 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 AGREE=MENT shall be construed according to the laws of the State of Florida and venue shall be in Dade County, Page 6 BPMTICanam Productions, Inc. 2018 Use Agreement Submitted intoMArk record for itemon 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 (Cade 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 comply in all respects with the terms of said laws and any future amendments 28. FORCE MAEJEURE The TRUST and t e 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. (Signature page followsb WITNESSES: ATTEST: Va`feria Sanchez -- Administrative Assistant ATTEST: B ss, Sign /above C& print name below ri �t 4J keW1 per Page 7 BPMTICanarn Productions. Inc BAYFRONT PARK MANAGEMENT TRUST a limited agency and instrumentality of the City of Miami J Fs'r": iii :.maci Jose Gell Interim E Gell/Cu Director USER: Canam Productions, Inc. BY: Kriste tabile, VP of Production 2018 Use Agreement APPROVED AS TO INSURANCE REQUIREMENTS: BY: )c A arie Shar e ector Risk Manage n Submitted into ti)c P be record for item( on rf CitY Clerk APPROVED AS TO FORM AND CORRECTNESS: Page 8 BPIViTICanarn Productions. Inc_ 2018 Use Agreement i8-S�t Submitted into the p+ubli6 3 record for item(s) on �City Clerk EXHIBIT 4 Fl Li MI. Isom— 71 Irk 4diE Y of IVA 2 040101 m 9A l � R , �1y�' `�! i 0...,t - . . ,� •! ea. �L�+I � �. � �� L ht bpi ,y�.'�r�, �'. .., •. TILL Wit vq v� s x •ru d to TM1 y 't. ' FI?�r � ,..'.s� `fit ...2.'•y. r �r'�i�' �` .,., 9... �... . t 7 v_ i. f � ` _ �S } aa � �, 11 P t 4 J• � R 1re�l { ti r e. L .. f` ... ... '4 • i ..� � •fib _•� •mir � __ r a Residents' letters and Comments Submitted into the Px tic Name City State Postal Comment on City Clerk Code 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 Richard Moran Miami FL 33132 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. 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 incredibley 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, is 7 different really annoying songs playing all at once. You decide you can't take it! You go downstairs for a Jessica Aiello Miami FL 33131 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] 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 Baby kloekke miami FL 33134 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! 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 Victor Gadino Miami FL 33132 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 1& residences. am a resident of 50 Biscayne and I am sick and tired of the constant decision to close clown the bayfront 5hajay Das Miami FL 33125 park from the residents. Before I begin, understand that my hearing of this event is from 1/2 mile away from the location. A far Submitted into the public distance. One afternoon last Spring, many downtown residents experienced an assault. Accompanying the recor for items} City Clerk fresh air off the bay and the bright sunlight was a volume of noise and obscenity not to be imagined. It was so nn 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 Eugene Walton Miami FL 33132 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. Impossible to have a peaceful rest even in a high floorjust in front of Bayfront Park, it is a torture in addition BENITO ROMANACH Miami FL 33132 to traffic closures. Downtown Miami has become a residential area full of families, it is no longer the old downtown. Need peace! 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 Tyler gattuso Miami FL 33132 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. 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 Jo❑ Soffer -Olson � Miami FL 33137 preceding it and after it. offices must release workers early or ask that they not come in. Please listen to your constituents. 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. Michael Kerpen Miami FL 33132 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. 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 Gary Greenberg Ambler PA 19002 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 he a great model for how a city park should be portrayed. chrisitne hackett Miami FL 33131 1 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 H ! 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 It's mare 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 Joerg Polonius Los Angeles CA 90046 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 Miami Beach FL 33139 1 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 Submitted into tbe public terrible for the promotion of family life in the Downtown area. Please host those events in an envie nment record for item and location suitable for them. 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. 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 Julia Herrera Miami FL 33131 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 Parkin 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 Christian Glauser Santa Monica CA 90403 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. 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 Marcos Munoz Miami FL 33112 closed for nearly 1/3 of the year for these eve nts... 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. 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 Timothy Frazer Miami FL 33132 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. These events are not appropriate for the downtown area due to the traffic and disruption they create. The joseph Bier Miami FL 33131 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. 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 Brian Bartczak Submitted into Ole Miami public FL 33132 destruction of property by visiting entities and individuals that organize and attend these events. If the City record for item wishes to organize or allow thees types of events, the City Commission should use or develop property , on City Clerk appropriately located and suited for these types of outdoor events. V Submitted into the pu . record for item ) on City Clefk 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 longtime 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 Jennifer Parker Miami FI 33132 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 These shows are extremely disruptive to downtown residents before during and after the show. I feel unsafe Ellen Kruk Sunny Isles Beach FL 33160 during these times, and it is a burden on the stores, restaurants, and building management as well. I want to enjoy the park? 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 Christophe Paris Iv10 n i 1=L 33131 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? 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 Gareth Jones Miami FL 33132 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. 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 Maria Martinez Miami FL 33132 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 Clefk record 09!aT iterpfg) I live in the area and the people that come to these events are inconsiderate- they get drunk, do drugs and Ileanette 5abugo Miami FL 331.30 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. I feel that the Bayside is poorly managed and that they do not respect the residents living here! It's getting Ansus Conde Miami FL 33131 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 haw 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 abie to travel around my neighborhood or sell the beauty of Miami to clients due to these drug enduced fiascos. Michael5tajdel 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 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 Caroline donkin Miami FL 33131 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. 9 live at 50 biscayne and these events are an abuse from the city. We have to rest to be able to work. Go EDUARDO HERNANDEZ Miami FL 33132 somewhere else please. We as downtown residents must have our own PERMANENT green space. What do we residents get from David Norton Miami FL 33131 Ultra etc? Violence, drugs noise disruption? YES. Money, Tax Relief, Thanks? NEVER. Its our park. I am signing because the events that take place at Bayfront park are affecting very strongly Dowtown Miami Paula Soares Miami FL 33132 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. Last time the park was all green was the Friday before Ultra. They finally finish with re sodding on &22- Luz Euribe Miami FL 33132 2017,Help us keep it green Submitted into record 09!aT iterpfg) 1 want Ultra and Rolling Loud OUT OF MY NEIGHBORHOOD! I own my condo and I hate the noise and the Scott Kiley Miami FL 33132 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! I signing because it's impossible to use the park and to move around in all these events that the city is RUBIA MANDEL Miami FL 33132 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. Maeedo Macedo New York FL 33132- We can not accept having this park in downtown closed for private event during half of the year. And also see 1564 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. Kaivon Rad Orlando FL 32801 We deserve access to our own parks. We didn't move next to concert halls for a reason. I'm signing because I live in the area and it's really annoying for the residents when we have those mega Gustavo Trannin Miami FL 33132 event when people really don't care about the neighborhood. Kay Lichtenstein Miami FL 33155 live in the area and the disruption with noise, alcohol and drug use is disappointing and a menace to those who live there I feel the city should consider some alternate locations that do not affect and disrupt such a heavily Brittany Wiggins Miami FL 33132 populated area of business and residential. These events not only prevent our enjoyment of the Park but also our enjoyment of our own homes. The Marcella Krauss Miami FL 33132 noise and traffic are terrible. 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, Robert Rico Miami FL 33132 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 Submitted into the PT1tC visitors. Additionally, based on previous experiences, the public space gets severely deteriorated, hindering record for itemts city Clerk in the development of vegetation, and polluted by noise and trash. This causes me personal harrq s I am a o neighbor that lives in a Park -facing building. recor for Items) an �( 6ity G'erk Having Ultra and Rolling or any mega size concerts have forced me every year to leave the home to avoid Carmen Gomorra Miami FL 33132 unbearable noise, traffic, and alcohol/drug-related violence. Enough!!! Bertica 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. We pay taxes forthe privilege of living in a beautiful city.. we live a block from the park but don't go there Dana Schiff Miami FL 33131 very often.. the city prefers money brought 1n for concerts.. drugs.. drunks.. homeIess..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. It is a shame to have such event in a park like Biscayne. Closing the park for more then a month and Carmine Sorrentino Miami FL 33131 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 I want to keep Bayside as a public peaceful park and stop ULTRA and other events which are noisy and not Marco Avellaneda Miami FL 33131 suitable in terms of noise, traffic intoxicated people, etc. I am signig because we need to stop this noisy louder every year. Everybody wants afterwork to get home Isabella Maltag!iati Miami FL 33132 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!!I These events are too big for the space they are held at and really disrupt the daily routine of the residents of Liliana Evans Miami FL 33132 downtown. 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 Alexandra Flannery East Bridgewater MA 2333 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. I live downtown, pay huge amout of taxes, and am sick of having my life disturbed by a city that could care Robert Kronenberg Miami FL 33132 less about me !r my neighbors... I'm a resident of downtown Miami and this event is very disruptive to our livelihood. Every year I need to leave the area so I am not negatively impacted by this. Please find another place to hold these type of events. Martha Llano Miami FL 331.32 We already live with enough challenges and disruption with everything that happens at the AAA, Ne Museums and the Arscht center. Submitted into the pts Iic recor for Items) an �( 6ity G'erk Ryann Hoover Miami FL 33130 Please do not use the area for concerts it's too much of a disruption for everyday life. Raquel Hamner 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 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 ANDREA NUT[ 75012 the elected officers of Miami have obviously chosen to disregard local residents. The !awns 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 !!!!! Bay Park must be ['LILLY dedicated to the pleasure of the Miami -and specially the Downtown Miami - Fernand Wiesenfeld 94160 residents , and not to concerts producers which have other potential places to organize their events 1 live across the street from the park and every year we leave town for that weekend spending thousands to Robert Sandrock Miami FL 33132 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 Ultra Fest & Rolling Loud, besides the unbearable noise, litter and roudy attendees, physically makes our park James Matindale Miami FL 33132 off limits for about 2 months a year if counting setup and cleanup. Neighboring residential buildings flood with strangers thatjust want to party, this disrupts daily life far those Derrick A Fort Lauderdale FL 33132 that live here. It destroys out bay front park, besides the fact we pay a lot of money to live in a family oriented environment Marcos Costa Newark NJ 7104 and we are not having it with these festivals here. Corinne Silverberg Miami FL 33131 1 love the park and have dogs. I have watched ultra destroy this park time and time again. It is sad I live directly across from Bayfront Park. The noise from the numerous events in the park is very disruptive to Jacqueline Johnston Fort Lauderdale FL 33302 sleep and sometimes drives me awayfrom 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! Ultra is an absolutely horrible period of time for me and every single resident that I know in downtown Julian Curry Fort Lauderdale FL 33312 Miami. E fully agree that these events are far too disruptive to residential life and are only geared aroundItLrists Erin Fabian Miami FL 33132 who have no stake in our city. Submitted into the public record for ite s},.1}-{� ° � City Clerk _........ . Michelle 5toppi Miami Beach FL 33141 1 am a resident of 888 biscayne and my kids need a park. Filit 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 1 live in front of the park. I love music, concerts & lively activity. The mega concerts are out of control. Brittany Caldwell Fort Lauderdale PL 33302 I'm a downtown resident with two young children and they need access to a park (with grass _ not a mud pit). 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 Carlos Castro Miami FL 33131 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 Chicago IL 6061 1 have a 18 months old baby and the noise and multitude are very disturbing. There is one event every 3 Romero .1 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 alexic 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. 1 have an apartment in this neighborhood and during the Ultra and Rolling Loud, I move to other areas maria Eugenia outside my neighborhood due to the noise. When everything has happened, I cannot visit Bayfront Park since Caracas Fuenmayor it remains closed. Then l leave miami without enjoing the beauty of a Park that is emblematic for this area. It is a pity. As a resident living next to the park it is massively disruptive and for more than just the weekend of the Laura Haines Miami FL 33131. event, the park is unusable for weeks before and after Mauricio Castro -Wright Miami FL 33176 Disruption to our lives in downtown Miami. I live in one of the high-rise buildings adjacent to the Bayfront Park and all the mega events such as Ultra and Oguz lArtekin Miami FL 33131 others have become a huge disturbance to lives and I believe also impact property values negatively. anthony napaliello miami FL 33131 Downtown has become a beautiful work/residential environment, Ultra and other events have become disruptive and embarrassing events for our neighborhood, �z Leanne Weinbrot Miami FL 33130 It ruins my weekend and my dog walks for the following 4 week* 4brd dor i€ on City Clerk on City Clerk These events disrupt my daily living during an entire week which I often must leave my home in order to be Grace Escudero Miami FL 33131 able to work. Safety, traffic become a hazArd issue due to this. These mega events are totally disruptive to life in our neighborhood. They do not belong in this enclosed David Kessler Miami FL 33131 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 losingthe park for multiple weeks for loud music and traffic congestion. 1) The park is closed for too long to set up and deconstruct for the major events.2j I feel compelled to leave Alejandro Schwedhelm Miami FL 33131 town during the major events. The noise and traffic disruption is just too much. I'm a downtown resident and property owner. These events not only prevent me from enjoying the park but Gabriel Morales Miami FL 33131 create so much congestion and traffic that I can't even leave my home. Arya Zahedi Miami FL 33131 1 am in agreement with that the negative impact outweighs the revenue generated by these events. i live in downtown miami. the disadvantages and disruption outweigh any positive impact city is getting. mark matchett Miami FL 33131 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. 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 Kristen Jimenez Hialeah FL 33016 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 1 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 It makes life miserable for those who live nearby. I can't walk my dog for days. The noise is unbearable. The Teresa Holmes Miami FL 33131 druken state of those attending is deplorable. As a taxpayer ... ..1 vote no to these large, intrusive events. thank you. Matthew Corcoran Miami FL 33131 These events are a black eye to the downtown residents. 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 i have Suzanne Johnson Miami FL 33131 not had the courtesy of a reply from either Ken Russell or Frank Carollo. Hopefully this petition wi�lz-nake a difference! Submitted into the piic on 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. It's abusive. sandra lacayo miami FL 331.3: it disrupts traffic and lowers property value is very, very hard the live in Miami with these huge events.The traffic, the people and the noise since early in Iris Eileen Tanon Miami 33131 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. I live in the neighborhood and wish to see these events relocated to a less residential area. Between the Daniel Carpenter Miami FL 33183 trash, the drug and alcohol abuse, my vibrating windows (on the 44th floor, mind you), enough is enough. Thank you I think the park and downtown are being abused by these events, especially residents and people who work Claudia Lagrange Miami FL 33131 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 fa!rfor residents and workers in the area. For All of the reason the petition wrote about.—it was fine when it was smaller event but now there are to Jeffrey Javier Miami FL 33131 many people in one space and garage and the drinking, etc had become very bad for our residents to endure!!!!! Ruth Beattie Miami FL 33131 1 hate living here now due to this disruption and noise. I'm sick of the traffic, the dope and the drunkenness and lawlessness during this festivals and I have a family Hector Schwerert Fort Lauderdale FL 33317 that lives at 300 Biscayne Blvd I am signing because I moved to downtown Miami thinkingthat I could use Bayfront Park for morning. and Andres Lozano Miami FL 33131. evening jogs, but most of the time is fenced in and off limits! Ultra is truly a mess for the community. Te a legalized rave with drugs and naked people everywhere... came Marco Pagano Miami FL 33131 on! Do it away from the downtown area... 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 Valeria Espinosa Miami FL 33131 other places in Miami where this type of festivals could take place and not bother the people living in Downtown. I have a toddler and stroll around the area frequently, its completly imposible to take my child outside Maria Lugo Managua 33131 because of the inappropriate environment. The traffic is crazy and noise unbearable My apartment is on Biscayne Blvd. and its a disruption to have this loud and messy events, they are not for Macasa Saldarriaga Key Biscayne FL 33149 the residents of down town but for way too many people that come from other places to disrupt our neighborhood I stay out of town during these events which are the worst part of living downtown. They do not act the Nina 5trnad Lake Forest IL 60045 people nor reflect the qualities that would desirable for aur city. Submitted into the piiblic err vi ll illi ll%�EiilZ,��� �� 0 o&T�T: City CIA Thank you for doing this MDNA! We need our Bayfront Park back. Noise from the park events just gets worst Andres Lozano Miami FL 33131 and worst every year and we do not have as much access to the park as we used to. I live and work very close to Bayfront Park and am more than tired of the constant events that flood the area Mallory Cooney Miami FL 33131 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 I live across from the park and the mega -events such as Ultra Fest and Rolling Loud are very disruptive to Karen Mathieson Miami FL 33132 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!! These events closes off the use of the park not only for the days of the event but during the setup and Maria Castillero Hollywood FL 33023 cleanup, I pay very high property taxes to have this restrictions and traffic problems at my door! The park is for the enjoyment of residents, not to be close to the public before and after the events for over Enrique Mesejo Miami 33131 120 days per year The park was closed for almost a month for Ultra and then again fora shorter period for Rolling Loud. This is Christine Mohrmann Miami FL 33131 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). We should have daily, usable access to the ONLY park in the area. The park has been "recovering" from these Tammy Arias Miami FL 33177 events for an unacceptable amount of time, it's gone too far. Tired of big events taking over the entire park. tire of the hip hope events Tired of the trash & traffic Tired of Diego Morales Miami FL 33230 the corrupt politicians and city attorneys 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 Diana Sanabria Miami FL 33130 participants had behavior and modals. The sound is also insoportable 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. There are numerous vacant lots in the city that can be turned into an amphitheater. My family anichildren Victor Couzens Miami FL 33132 Submitted into the t1C deserve to enjoy the integrity of this beautiful park. i� o&T�T: City CIA record for iitem r s}�.,�j � -3._ on — L .City CIeTk I am sure that there is much better options to a downtown city park to host those events. It is damaging Sophie Blachet miami FL 33132 severely the parks, the nuisance to the neighbors is important and the experience to event -goers is minimal. I support my neighbors who stay in town during these events, unlike me who always leaves to avoid the Stephen Dutton Miami FL 33132 disruption!!! Martha Sternberg Miami FL 33150 Move the loud concerts away from a residential neighborhood! I have a 4year old, live in 50 Biscayne in a corner unit so ultra really effects us, the noise, crowd and most of Amar Inchausti Miami FL 33132 all the park closing for almost 2 months every year.... Please relocate Ultra and Rolling Loud!!! I Noise is destroying quality of life in the 33131 area. Also is negatively impacting property values in area. City Dan Tebo Fort Lauderdale FL 33317 should realize that this negativity reduces property taxes more than the added income from these horrible events These events are very disruptive to downtown life and cause my own building to lock down amenities that Stephen Quinnan Miami FL 33132 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. These events impact the quality of life of residents of Downtown and in all honestly I am not sure where the May Ma!]ouh Miami FL 33138 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 The park should be geared toward the locals, who walk dogs, rollerblade, ride bikes, practice yoga, stroll and Fran Fenton Miami FL 33131 take their kids to the playground, which they should be able to do 365 days a year. 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 orderto host events. Play ground in the park must have at less a JUAN CARLOS GUERRERC] Miami FL 33132 roof to protect kids from the strong sun. All equipment and infrastructure is deteriorated by event over event. I'm in bayfront park nearly everyday. Im a resident of Miami. I'm tired of losing the park to outside money Miguel Quintero Miami Gardens FL 33056 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!!! 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 Rolando Masferrer Miami FL 33132 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. am a resident of 50 Biscayne and I am sick and tired of the constant decision to close down the bayfront Sl Das Miami FL 33126 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. 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 to 1�7mestead Rishi Burke Miami FL 33143 maybe the Motor Sports Complex lots of room there or the Tam ia i park or Tropical Park lots of room in "-t. k .,1.,, , Submitted into the�gllc record for iitem r s}�.,�j � -3._ on — L .City CIeTk