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HomeMy WebLinkAboutSubmittal-Sam Dubbin-Opposition Letter and Information PacketDUBBIN KRAVETZ VIA EMAIL Hon. Mayor Francis Suarez and City Commissioners Ken Russell, Willy Gort, Keon Hardemon , Joe Carollo, and Manolo Reyes 3500 Pan American Way Miami, Florida SAMUEL J. DUBBIN, PA. DIRECT (305) 357-9004 sdubbinadubbinkravetz.com June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/27/2019 City Clerk Re: Downtown Miami Residents' Opposition to Proposed Agreement by the City of Miami for Ultra Music Festival in Bayfront Park; Resolution No. 6097 Scheduled for June 27, 2019 Dear All: This law firm represents the following residents of 50 Biscayne Boulevard and 200 Biscayne Boulevard Way in Downtown Miami: Itai Benosh, Joy Prevor, Ken Schwartz, Victor Gadino, Santiago Peredo, Carmine Sorrentino, Rebecca Yu, Barry Duceman, Arlene Ramsingh, Luz Saldarriaga, and Pete Ellis, the 50 Biscayne Condominium Association, Inc. ("Association"), and the Downtown Neighbors Alliance, Inc. ("DNA")("Downtown Residents"). The Downtown Residents oppose the proposed resolution (No. 6097) for the City of Miami to allow Ultra Music Festival ("Ultra") to return to Bayfront Park ("Park"), and in particular under the proposed agreement which allows Ultra to occupy the Park for at least 30 days per year, and for an indefinite period of time. Less than a year ago, this Commission properly, and unanimously, rejected a proposal that would have generated twice as much net revenue for the City as the current proposal. It is difficult to understand how any Commissioner would now run the risk of causing massive harm to the residents' health and property, and personally violating the Charter, by voting to allow Ultra back into Bayfront Park. L Summary. As each of you are well aware, a vote to return Ultra to Bayfront Park would cause massive disruption, interfere with residents" quiet enjoyment of their homes, harm the health and property of thousands of Downtown residents, and threaten injury to hundreds of businesses as well. As such, the Ultra festival is a legal nuisance which the City cannot properly authorize. Approval of the Resolution is not only terrible policy for the City" it would, to a certainty, open the door to lengthy litigation and potentially catastrophic financial liability. ) This letter addresses some, but not all, of the reasons approval of the proposed Ultra agreement would be illegal, and the Downtown residents reserve the right to raise any and all issues in the event of litigation. 609`1' Sajoo x�M\ - SaW\ 4V)Ii\- ©?Q5A\ M � i V 1111A ��ol,MU ��)n Q��ki• 1200 ANASTASIA AVENUE - SUITE 300 • CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 371-4700 • FAX (305) 371-4701 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/27/2019 City Clerk In addition, the Proposed Ultra Agreement would violate Sections 29-A, 29-13, and 3(f)(iii) of the City of Miami Charter, which require competitive bidding, independent appraisals, and a return to the City of fair market value, as a precondition for the City to lease or convey any interest in Bayfront Park to a private entity. Under the current proposal, the Commissioners are being asked to indulge in the legal fiction that the Ultra Agreement is a "revocable at will license" instead of a lease or conveyance of an interest in land governed by the Charter. However, decisions of the Third District Court of Appeal, described below, make it clear that the agreement is neither a license, nor "revocable at will." That case law is binding on this Commission. In prior years, the Administration justified the circumvention of the Charter's protections by relying on Section 18-85(a) of the City Code to avoid competitive bidding, and requiring a four -fifth's vote. Although the Downtown residents also rejected that fiction, the City Administration has gone one step further down the wrong road to give Ultra a deal that obliterates the protections afforded to all residents under the City Charter. Now, due to the obvious public controversy over returning Ultra to Bayfront Park, and after last year's unanimous voted of disapproval, the Administration has — without any explanation — decided the Ultra agreement can be approved by a simple majority vote. To underscore the absurdity of the current proposal, the "revocable at will license" that the Administration says can be approved by the City Commission to bind the City to an open- ended agreement with Ultra based on a simple majority vote of the Commission, can only be terminated by the City with a unanimous vote of all five commissioners. The proposal is nothing more than a sham to negate the public's protections in the City Charter, and which every Commissioner should reject. The City Charter, adopted by the voters, is the City's fundamental governing document, its Constitution. It imposes rigorous requirements on the Commission's ability to lease or convey an interest in public land and public waterfront property, to protect the residents' right of access to public spaces and the waterfront, and to protect taxpayers by requiring private lessees to pay true, independently appraised fair market value to occupy and use public property for private gain The Charter protections are in place to prevent the City's public parks and waterfront spaces from becoming expedient sources of money for everyday projects. The proposal now before the Commission threatens the very civic harms the Charter exists to prevent, and creates a dangerous precedent that puts other parks and public lands at risk. II. The Ultra Music Festival Would Harm Residents' Health, Quiet Enjoyment, and Property, and Constitute a Legal Nuisance. Approval of Ultra would subject the City to immediate, costly and potentially financially devastating litigation by residents. It is well-known to each Commissioner that the Ultra Festival in 2012-2018 caused catastrophic levels of noise and negative impacts on the Downtown residents. These highly negative impacts were documented in a scientific survey, Page 2 of 18 DUBBIN 8L KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/27/2019 City Clerk and in testimonials from the experiences of Downtown residents, placed into the Commission record. They are summarized below. 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." Town of Surfside v. County Line Land Co., 340 So.2d 1287, 1289 (Fla. 3d DCA 1977). Moreover, the City Commission can not authorize activities that constitute a legal nuisance. "An activity can constitute a judicially abatable nuisance notwithstanding full compliance with either legislation or administrative rule." Lake Hamilton Lakeshore Owners Ass'n, Inc., v. Neidlinger, 182 So.3d 738, 741 (Fla. 3d DCA 2015). A. BAC Sound Study. The management of the 50 Biscayne Condominium Association commissioned a sound survey by the sound engineering firm of Brooks Acoustics Corporation ("BAC"), which was conducted before, during and after the 2018 Ultra Music Festival on March 23, 24, and 25, 2018 at several locations at the 50 Biscayne building, including the pool deck and common rooms (101h floor), several management offices, Unit 2802 dining room and balcony, and the roof on the 551h floor. The full results of the Study were provided to the City Commission on May 24 and June 20, 2018, and are attached to this letter. The study concluded: During the time that the Ultra Music Festival was operating, the rhythmic, thumping bass and drum sounds from the venue at Bayfront Park were plainly audible, distinctly noticeable, and highly intrusive above the ambient background. The sound survey show that the musical devices in use at the Ultra Music Festival events generated and emitted sound that can and did "disturb the quiet, comfort, or repose of persons in any dwelling, hotel, or other type of residence. (p• 1) In addition, the BAC survey reached several detailed conclusions documenting adverse effects of the Ultra sound on residents' health and property, such as: The objective data show that the disruptive nature of these significantly intrusive bass sounds can disturb the peace, quiet and comfort, and consequently seriously degrade the quality of life, and cause negative health effects for residents. (Page 2) The bass content intrusion greatly exceeds the criteria of 15 dB, known to result n widespread complaints. It also represents an over 150,161d increase in sound intensity in the bass,fi-equency range above the background levels. This intrusion is like having a boom box in your living room for the entire day and evening. (Page 9) The A -weighted Ultra event sound level on the pool deck Inas 96 dBA. This is a level known to cause hearing damage. The overall intrusion level was 96 dBA — Page 3 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/27/2019 City Clerk 57 dBA = 39 dBA. This intrusion also greatly exceeds the criteria of 15 dB, known to result in widespread complaints. This intrusion is like having a power saw operating in your living room for the entire day and evening. (Page 9) "These test results that the sound levels produced by the Ultra event are high enough and persist long enough to cause hearing damage for residents located at the Associations common elements, including the pool deck and on private property at the 50 Biscayne Condominium. " (Page 14) These high measured sound levels consistently exceed the WHO health criteria of 70 dBA, 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 features such as light fixtures caused rattling to be noticeable. A comparison with criteria developed by NASA for the potential damage to housing structures due to rocket takeoffs show that the Ultra event can cause levels of noise which exceed the NASA guidelines. According to the NASA criteria, these high levels of noise are likely to vibrate nearby buildings, causing minor damage to the fixtures, finishes and possibly the structure. This was confirmed by observations that the building was perceptibly vibrating during the Ultra event. Exhibit 1 (Bold type supplied). B. Downtown Residents Reported Experiences Between 2012 and 2018. The following experiences of several Downtown residents were placed into the City Commission's record on June 20, 2018: -- The noise caused our windows and other fixtures to vibrate and rattle for hours every day, and made living in our home unbearable due to the constant noise, thumping, and vibrations that resulted in sleep deprivation, anxiety, and general exhaustion. -- 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. -- 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 Page 4 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/27/2019 , City Clerk -- The streets were overcrowded with groups of ruckus drunk partygoers or stoned looking zombies with vacant eyes. I just didn't feel safe. It was very unpleasant and very ugly! -- [E]veryday I can see the destruction to the park's trees and bushes from all the public urination. In just 15 minutes from the pool level of 50 Biscayne I witnessed a dozen guys urinating on a row of bushes because they didn't want to wait on the bathroom lines.... Those very bushes now look almost dead. -- 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, both day and night, produces a lot of loud construction noise which adversely impacts daily life and frequently results in loss of sleep. -- Prior to the concert, we are subjected to frequent "sound checks," which occur intermittently without warning and are loud enough to startle. -- 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. -- Prisoner at my home for 3 days: The only times I can leave my apartment is to walk my dogs (which I 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 atter 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. Page 5 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/2/2019 City Clerk -- Sick -making urine smell: For weeks after Ultra ends there is a terrible urine smell in the area where the latrines are located. The terrible smell is impregnated and you can't walk close to it without getting nausea. Great for the tourists! -- 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. C. Excessive Noise From Ultra Constitutes A Legal Nuisance Which Cannot Be Legislatively Authorized. 1. Florida Courts will enjoin the operation of a nuisance that interferes with residents' health, and quiet enjoyment of their homes and property. 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 Bartlett 1,. Moats, 120 Fla. 61 (1935), for example, the Florida Supreme Court upheld an injunction against the very same kind of outdoor entertainment that Ultra inflicts on Downtown residents. The court enjoined 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 from a band or orchestra, beginning at 9 pm and continuing until 1 and 2 o'clock the next morning." The court's description of the illegal nuisance in Bartlett could well have been written about Ultra: The noise made by the orchestra, patrons, dancers, and cars is continuous from the time the orchestra begins to play until it stops (from 9 pm to 1 or 2 am) and can be heard plainly in the homes of the plaintiffs to such an extent that it seriously affects the comfort of the plaintiffs in their 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. AL, at 64. The Court added: 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 Page 6 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/27/2019 , City Clerk subjected to it to the preventive remedy of the court of equity is thoroughly established. Id., at 67. The Florida courts' long-standing protection of the sanctity of residents' right to quiet enjoyment is rooted in United States Supreme Court precedent. As recently as 1989, the Supreme 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 home," ... but it is by no means limited to that context, for the government may act to protect even such traditional public forums as city streets and parks from excessive noise. Ward v. Rock Against Racism, 491 U.S. 781, 796 (1989). In City of Miami v. City of Coral Gables, 233 So.2d 7 (Fla. 3d DCA 1997), the Third District Court of Appeal held that courts can and should restrain a nuisance caused by a neighboring property owner. The Court affirmed the trial court's injunction against a City of Miami incinerator that caused tangible harm to nearby Coral Gables residents, and held: '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, quoting Jones v. Trawick, 75 So.2d 785 (Fla. 1953). The harms inflicted on the injured residents from the smoke, ash, and smells from the incinerator in City of Miami v. City of Coral Gables, are clearly analogous to the harms inflicted by Ultra's excessive noise levels: 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 shows that ashes and other particulate matter fell upon their persons and property, and Page 7 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/27/2019 , City Clerk some expressed having experienced physical discomfort therefrom. The numerous tests conducted, treated infra, graphically demonstrated the degree of severity with which this incinerator was violating their property rights or their persons. We commend the chancellor when he stated in his final judgment: `This court will not stand idly by while citizens are required to endure the existence of a nuisance until such time as those responsible for remedying it discharge their responsibilities. * * * (The Court finds) that the operation of the City of Miami's incinerator No. 2, located in Coconut Grove constitutes both a public and private nuisance; and that continued operation of the incinerator would constitute a continuing nuisance to the plaintiffs.' Id., at 10. Similarly, in Lee v. Florida Public Utilities Co., 145 So.2d 299 (Fla. VI DCA 1962), the First District Court of Appeal held the following evidence of smoke and noise pollution "made out a prima facie case of nuisance:" 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. The noise resulting from the operation of these mobile units is so intense that plaintiff ' is unable to transact business ivith his customers in a normal fashion, for in order to communicate it is necessary that they shout at each other in order to be heard. The noise is so loud that plaintiff and his./amily are unable to sleep at nights, which condition has had cm adverse effect upon their health. At certain periods of the day and night the odors from the fumes exhausted by the mobile units become extremely strong and highly noxious. The operation of the generating units causes the surrounding land to vibrate in such a marked degree as to shake the springs of the beds on tivhich plaintiff and his_fumily sleep, cis well cis rattle the ivindoirs in the house and the dishes in the cupboard. 145 So.2d at 300-01 (Emphasis supplied). 2. The City Commission may not authorize activities that constitute a legal nuisance. Under Florida law, the City Commission does not have the legal authority to approve an activity such as Ultra that would create a nuisance to City residents. 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 (hvners Assn, Inc., v. Neidlinger, 182 So.3d 738, 741 (Fla. 3d DCA 2015)("enjoining commercial airport tours that generated noise levels up to 100-1 10 dB, in lake surrounded by homes. "which Page 8 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/27/2019 City Clerk 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 DCA, in State ex rel. Gardner v. Sailboat Key, Inc., 295 So.2d 658, 662 (Fla. 3d DCA 1974)(on rehearing) agreed that "a given activity may constitute a judicially abatable nuisance notwithstanding its compliance with a municipal ordinance." In short, no vote of this body — not 3-2, not 4-1, and not 5-0 — may override the residents' rights under Florida law to be protected against a legal nuisance such as Ultra. If the Commission votes to approve the Ultra agreement, knowing it will allow for sound at levels that cause harm to the health, quiet enjoyment, emotional well-being, and property of the Residents and others who live Downtown, litigation will surely and immediately ensue. I1I. Approval of the Ultra Agreement Would Violate the City Charter The Proposed Ultra Agreement is also illegal because it would violate Sections 29-A, 29- 13, and 3(f)(111) of the City of Miami Charter. Those provisions require competitive bidding, independent appraisals, and a return to the City of fair market value, as a precondition for the City to lease or convey any interest in Bayfront Park to a private entity. Unfortunately, the City has never complied with these requirements of the Charter, and the current proposal ignores and violates the Charter as well. A. Governing Charter Provisions. Charter Sections 29-A and 29-13, and 3(f)(111) prohibit the Commission from voting in favor of the Proposed Ultra Agreement without first following these Charter requirements. The proposed Ultra agreement plainly violates all of these provisions. Any vote by the Commission purporting to approve the agreement is void. Any Commissioner voting "yes" would violate the Charter. Charter Section 29. Charter Section 29-A(b) provides: Sales and leases of real property; prohibition. Except as otherwise provided in this section, there shall he no sale, convevance, or disposition of any interest, including any leasehold, in real property owned by the city, the department of off- street parking, or the downtown development authority, unless there has been prior public notice and a prior opportunity given to the public to compete for said real property or interest. Any such sale, conveyance, or disposition shall he conditioned upon compliance with this section.... Further, no right, title, or interest shall vest in the transferee of such property unless the sale, conveyance, or disposition is made to the highest responsible bidder. . Page 9 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/27/2 19 , City Clerk Charter Section 29-B of the Charter also requires competitive bidding, and imposes the additional requirement that any lease of public land return fair market value to the city. It is worded carefully to prohibit the Commission from 'favorably considering" any transaction that does not return fair market value to the city, and that does not result from competitive bidding: Notwithstanding any provision to the contrary contained in this Charter of the City Code, and except as provided below, the city commission is prohibited from favorably considering any sale or lease of property owned by the city unless there is a return to the city of fair market value under such proposed sale or lease. The city commission is also prohibited from favorably considering any sale or lease of city -owned property unless (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt ofproposals from prospective purchasers or lessees .... 2. Charter Section 3(f)(iii). In addition, Section 3(f)(iii) of the Charter governs disposition of the city's waterfront property, which obviously includes Bayfront Park. It requires observance of all other Charter provisions, as well as "reasonable public access to the water and reasonable public use of the property," "a fair return to the city based on two independent appraisals," and observance of all Code procurement requirements. If these requirements are not satisfied, the agreement would have to be approved in a referendum. Section 3(f)(iii) provides: Sec. 3. Powers. The City of Miami shall have power to: (a)—(e) — [Reserved] (f) Acquisition and disposition of property and services.- (iii) ervices: (iii) To lease or contract with entities for the management of any of the city's waterfront property, but only in compliance with the other requirements of this charter and on the condition that: (A) the terms of the contract allow reasonable public access to the water and reasonable public use of the property, and comply with the other charter waterfront setback and view -corridor requirements; and Page 10 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/27/2019 , City Clerk (B) the terms of the contract result in a fair return to the city based on two independent appraisals; and (C) the use is authorized under the then -existing master plan of the city; (D) the procurement methods prescribed by ordinances are observed; (E) the contract does not exceed five years and does not contain an automatic renewal or termination penalty. Any such lease or management agreement or proposed extension of modification of an existing such lease or management agreement which does not comply with each of the above conditions shall not be valid unless it has first been approved by a majority of the voters of the city. Needless to say, the City has not followed the requirements of any of the applicable Charter provisions in connection with the Ultra agreement. The proposed agreement does not allow reasonable public access to the water or reasonable public use of the property, and does not result in a fair return to the City based on two independent appraisals. Further, in direct violation of Section 3(f)(iii)(E), the proposed agreement would automatically renew. The only way the City could approve the proposal consistent with Section 3(f)(iii) would be to first hold a referendum in which a majority of the voters approved the measure. That has not been proposed by the City or by Ultra. 2. It is a Legal Fiction that Proposed Ultra Agreement is a "Revocable at Will License" and Not a Lease or Interest in Land Subject to Charter Sections 29-A, 29-13, and 3( (iii). The Proposed Ultra Agreement is subject to the requirements of the Charter because it constitutes a lease of, or a conveyance of an interest in, public waterfront land. In order to avoid the Charter requirements, the Administration has taken the position that the current proposal is a "revocable at will license," not a lease or interest in City land. The proposed agreement included in the City Commission's agenda packet is titled "Revocable License Agreement," and uses that phrase liberally, even self-consciously, throughout the document. However, no "magic words'' can transform this agreement into something it is not. As the Third DCA held in a similar case: Of course, the mere fact that an agreement is entitled a "license" or contains a conclusory provision that the parties have a relationship of licensor and licensee, is not determinative. Rather, the proper characterization of the agreement is discerned by the actual terms, conditions, rights and obligations expressly set forth in the agreement." Ryan v. National Marine Mfrs. Assn, 103 So.3d 1001. 1005 and note 5 (Fla. 3d DCA 2012), citing Jabour v. Toppino, 293 So.2d 123 (Fla. 3d DCA 1974); and Napoleon v. Glass, 229 So.2d Page 11 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE )305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 883 (Fla. 3d DCA 1969). Submitted into the public record for item(s) RE.3 on 06/27/2017 , City Clerk The fiction the Administration is attempting to employ has been firmly rejected by the Third DCA, which controls legal precedents in Miami -Dade County. In Homestead -Miami Speedway, LLC v. City of Miami, 828 So.2d 411 (Fla. 3d DCA 2002), rejected this fiction and held an almost identical arrangement for motor racing over a three-day period in Bayfront Park was a lease and not a "license." The Court held that the City's attempt to enter into such an agreement without following the Charter's competitive bidding, appraisal, and fair market rent requirements was void. That decision is binding on this Commission, which would violate the City Charter to approve the current Ultra proposal. In Homestead Speedway, the Court invalidated an agreement between the City and Raceworks, LLC to allow auto racing in Bayfront Park for three days each year, because the City failed to follow the Charter requirements. It held: "We affirm the trial court's determination that the agreement was a lease, not a license, and as such should have been competitively bid as required by the City Charter." 828 So.2d at 413. The Court elaborated: The original agreement between the City and Raceworks was not a license because a license is revocable at will and cannot be assigned.... The agreement at issue here was assignable and could not be revoked without notice of default and the opportunity to cure. Additionally, Raceworks was given the exclusive use of Bayfront Park for at least three days each year for fifteen years. Since the agreement between the City and Raceworks was a lease, it fell within the purview of section 3(f)(110 and section 29-A(D) of the City Charter.... The agreement at issue here gave Raceworks in effect a sub -lease for Bayfront Park, part of the City's interest in waterfront property. Thus, the original agreement to hold races in Bayfront Park should have been the result of competitive bids. The trial court therefore correctly held that the city was required to follow competitive bid procedures and that any contract for the use of the City's waterfront property entered into without complying with those procedures was void. Homestead Speedway, 828 So.2d at 412-13 (Emphasis supplied).2 Under the Homestead Speedway case, the fact that Ultra would have the right to control a massive defined area in Bayfront Park for over thirty (30) days, with the express right to "close the park to the public" for 14 days, and the right to receive notice and a right to cure for any possible termination effort by the City for cause and over 300 days notice and a unanimous 5-0 The Charter provisions at issue in Homestead Speedway, Sections 29-A and 3(f)(iii), are materially identical to the Charter provisions applicable today. Page 12 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/27/2019 , City Clerk vote to terminate without cause, makes any argument that the Proposed Ultra Agreement is a "terminable at will license" and not a lease or interest in City property utterly specious. Exclusivity. The lessee in Homestead Speedway had the right of exclusive use of the Park for three (3) days each year. Under Section 2.16 of the Proposed Ultra Agreement, the "Use Period" for Ultra is thirty (30) days each year, and Ultra has exclusive use of the Park for at least fourteen (14) days each year: 2.16. USE PERIOD means the Thirty (30) day period inclusive of load in and load out and ancillary preparations and removals. In no event will the entire Property be closed to the public for more than fourteen (14) days. (Emphasis supplied). Section 3.2 of the proposed agreement repeats that "In no event will the entire property be closed to the public for more than fourteen (14) days. If three days of exclusive use in Homestead Speedway is sufficient exclusivity to eliminate the argument that the agreement there was a mere "license," it is nonsensical for the Administration to pretend 14 days of exclusivity, or the 30 days of practical exclusivity for Ultra, is a mere license and not a lease or interest in the land under the Charter as the Third DCA held in Homestead Speedway. Notably, while the proposed Ultra agreement contains several misleading headings professing to make it "non-exclusive," the provisions in fact allow Ultra to completely control the Property and exclude the public at its will. The substantive provisions, which any court will scrutinize despite the misleading heading, makes it clear that Ultra's possession will indeed be exclusive for the fourteen or thirty days covered: 4.11 Non -Exclusivity: This Agreement confers no exclusive possession of the Property, provided, however, the City agrees not to enter into another License or Use Agreement on this Property that would interfere with Licensee 's ability to operate for the Permitted Uses on the Property according to the terms of this Agreement. The City agrees not to use or permit others to arse the Property under the control of the City during the Use Period except as mutually agreed by the City and Licensee. Licensee recognizes and agrees that the Property is a public site and during the entirety of the Use Period, the Licensee will cooperate with the City to maximize public access to the Property. This will not be construed to prevent the Licensee,from restricting access to the Event. Page 13 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES. FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) KE.3 on 06/27/2019 , City Clerk (Emphasis supplied). There can be no serious argument that insofar as the public's right of access to Bayfront Park during the Ultra events, Ultra is in complete control.3 Revocable at Will. The agreement in Homestead Speedway was not a "revocable at will license" because it could not be revoked without notice of default and an opportunity for the lessee to cure any defect. Section 3.4.1 of the Proposed Ultra Agreement is identical. In order for the City to terminate with cause, it must provide Ultra with written notice of any "material breach" and an opportunity over a thirty day period to cure the breach before it can terminate. Under Homestead Speedway, this means the Ultra agreement is not terminable at will. Even more egregious when considering the Administration's argument is that in order for the City to terminate the Proposed Ultra Agreement without cause, Section 3.4.2 requires 305 days notice and a unanimous vote. It even specifies that "five of the five Commissioners must vote in favor of termination." The 305 day notice period clearly contravenes the Third DCA holding in Homestead Speedway. And the "unanimous," "five of the five commissioners" requirement is nothing short of absurd. If the City can become obligated to Ultra with a 3-2 vote, but can only terminate with a unanimous vote of all five commissioners, it is not "terminable at will." The Third DCA in Homestead Speedway cited other Florida appellate decisions which held that agreements to allow the use of public property similar to the Proposed Ultra Agreement are considered "leases" of, or interests in public property, such that competitive bidding laws applied. See Outdoor Media of'Pensacola, Inc. v. Santa Rosa County, 554 So.2d 613 (Fla. 1 st DCA 1989) (county's granting exclusive right to use right of way was a lease subject to competitive bidding procedures); Randall Indies., Inc. v. Lee County, 307 So.2d 499 (Fla. 2d DCA 1975) (license agreement which gave taxi company exclusive use of airport parking spaces was a lease which required competitive bidding).4 In Outdoor Media, Santa Rosa County granted a sign company "an exclusive right to use county rights of way for placing signs paid for by" the company's customers which included a plate naming the sponsor. A competitor sued on the ground that state law required counties to hold competitive bidding before selling or leasing any real or personal property. The court cited Florida Supreme Court precedent that `defined a lease as `a conveyance by the owner of an estate to another of a portion of his interest in the land for a term less than his own [which passes] a present interest in the land for the period specified."' 554 Sold at 615, quoting DeVore r. Lee, 158 Fla. 608, 30 So.2d 924, 925 (1947). The agreement also provides in some sections that the City will have "access" to the Property during the Use Period, but it is clear that the City's `'rights" in that regard are only to "inspect the property' or to ensure that Ultra is complying with its obligations, as a "licensee." See, e.g., Section 31. The City's "access" for these purposes does not obviate Ultra's exclusivity. a These parenthetical quotes are directly from the Third District's decision in Homestead Speedway, 828 So.2d at 413. Page 14 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on _ 06/27/2017 , City Clerk The court in Outdoor Media also quoted Black's Law Dictionary, and found the billboard transaction met the traditional definition of a lease rather than a license: A lease is defined in Black's Law Dictionary § 829 (5th ed. 1979) as a Contract for exclusive possession of lands or tenements for determinate period. Contract for possession and profits of lands and tenements either for life, or for certain period of time, or during the pleasure of the parties... Conveyance of interest in real property for specified period or at will. Conveyance or grant of estate in real property for limited term with conditions attached. 554 So.2d at 615. In contrast, it cited Black's definition of "license:" "A license is not a contract between the state and the licensee, but is a mere personal permit. License, with respect to real property, is a privilege to go on premises for a certain purpose, but does not operate to confer on, or vest in, licensee any title, interest, or estate in such property." Al., at 615. Based on these definitions, the court in Outdoor Media held that the County's grant of an exclusive right to the advertising company to place signs on county rights of way for a three year period, at a fixed price, and with the right to renew for an additional three year period, was a lease, not a license: This right under the agreement comports with the generally accepted definition of a lease as contemplated by the Supreme Court in DeVore, and by Black's Law Dictionary. That is, by agreement the county has passed a portion of its interest in the rights of way for a specified period, in that [the advertising company] is authorized to use county land for the placing of signs. In other tirords, [the company] has been granted more than a privilege to go on the land. Instead, it has been granted use of a portion of the land for the duration of the agreement. Id., at 615 (Emphasis supplied). The Third District in Homestead Speedti>,ay, and the First District in Outdoor Media, also cited Randall Indus., Inc., v. Lee County, 307 So.2d 499, 501 (Fla. 2d DCA 1975). In Randall, the Second DCA held the county's grant of an exclusive right to use certain parking areas at the airport for a taxicab and limousine stand, which was called a "license agreement and space lease," nevertheless constituted a lease of county property that was subject to the competitive bidding requirements of state law. In Ryan v. National Marine Mfrs. Assn, 103 So.3d 1001 (Fla. 3d DCA 2012), the Third District analyzed an agreement by the City of Miami Beach allowing the national trade association for the recreational boating industry (NMMA) to use a City -owned, private parking lot to park several trailer tractors during the international boat show. It held the agreement conveyed a "controlling interest in real property" for purposes of a state law providing that a Page 15 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/27/2019 , City Clerk person with such an interest is not liable for damages when a trespasser is injured on that property when under the influence of alcohol. In Ryan, even though the document was entitled "Temporary License and Use Agreement," the Third District held the following elements compelled the conclusion that the agreement fit the textbook definition of a "lease" rather than a "license," such that the grantee/lessee had "a controlling interest in real property." It cited the following factors: ■ The agreement describes a particular piece of property, which is identified by exact address and is described as "the Premises." ■ The agreement is for a set term beginning on a date certain and ending on a date certain, referred to as "the Term" of the Agreement. ■ The parties agreed "this agreement constitutes a month -to month agreement" ■ NMMA was required to pay a "security deposit" at the time of execution of the agreement. ■ NMMA was required to "quit and deliver the Premises ... at the end of the term ■ NMMA agreed "that it will occupy and maintain the premises in a good condition" and "will not commit, or suffer to be committed, any waste of or on the Premises." ■ NMMA agreed that it "will not assign this Agreement, or any interest therein, and "may not sublease without the prior written agreement" of the City. ■ NMMA was required to "properly maintain" and "be responsible" for all automobiles on the Premises at all times during the Agreement. ■ NMMA agreed that the City "shall have the right to enter upon the Premises at such times and at such places during reasonable business hours, for the purpose of inspecting the Premises, or for any reason whatsoever." ■ NMMA was required to provide a minimum of one million dollars in liability and personal property insurance coverage "related to NMMA's possession of the Premises." ■ In the event NMMA failed to perform any of the terms and conditions of the Agreement, the City was required to give NMMA a five-day written notice to cure a default. In light of these provisions, the Third DCA concluded that the grantee/lessee had a far more extensive interest than the Black's Law Dictionary definition of a license. `'It is clear from these provisions that NMMA was given far more than a revocable permission or privilege to enter upon the property." The Court concluded: "The Agreement far more closely approaches the Black's Law Dictionary definition of a "lease," i.e. "[a] contract by which a rightful possessor of real property conveys the right to use and occupy the property in exchange for consideration." 103 So.3d at 1001-05. As the Commissioners can readily observe from the Agenda materials, virtually all of the elements cited by the Third District in Ryan to hold that the City of Miami Beach had conveyed a controlling interest in land, and not a mere license to NMMA, are found in the Proposed Ultra Agreement. Page 16 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/27/2019 , City Clerk In short, there is no credible argument that the Proposed Ultra Agreement is a "revocable at will license" when the Third District held the agreement in Homestead Speedway was a lease, or a conveyance of the City's interest in Bayfront Park, nor is there any credible argument that Sections 29 and 3(f)(iii) of the Charter do not apply. B. The City Administration's Inconsistency Regarding the Procedure for Approving Ultra Belies the Impropriety_ of the Ultra Proposal. As noted above, the City Administration has been inconsistent in its position about the process for considering Ultra's desire for the Bayfront Park location for its festival. In prior years, the Administration justified ignoring the Charter requirements relying on Section 18-85(a) of the City Code to avoid competitive bidding, and requiring a four -fifth's vote. Today, after this Commission unanimously rejected Ultra in Bayfront Park only a few months ago, the Administration is now suggesting approval is possible with a smaller majority, only three votes. While the Administration has not explained the discrepancy, in reality the matter is controlled by the Charter. After the 2014-2018 Ultra agreement expired, and the City Manager proposed a new agreement with Ultra for 2019 and beyond, the Administration took the position that the Charter didn't apply, but that the proposed new Ultra agreement could be approved by a four-fifths vote under Code Section 18-85(a). The Downtown Residents argued the Charter, not Section 18-85, controlled, but the City administration attempted to proceed under the four-fifths vote provision of Section 18-85. On July 18, 2018, the City Manager's Inter -Office Memorandum and the Clerk's Notice of Public Hearing cited the four-fifths vote requirement for the resolution to approve the proposed 2019 Ultra agreement. The Manager's Memorandum stated: The BPMT respectfully requests your approval and action of the Miami City Commission by a 4/5ths affirmative vote, after an advertised public hearing ratifying, approving, and confirming the City Manager's (and the Bayfront Park Management Trust's Executive Director) recommendation, and finding that competitive bidding/negotiation methods are not practicable or advantageous to the City of Miami ('`City"), pursuant to Section 18-85(a) of the Code of the City of Miami, waiving the requirements for said procedures; authorizing the City Manager to enter into a Use Agreement, in substantially the attached form, with the BPMT and Event Entertainment Group, Inc_, a Florida for profit corporation, subject to City Commission approval. Similarly, the Clerk's Notice of Public Hearing stated that the Commission would consider a resolution Page 17 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Mayor and City of Miami Commissioners June 26, 2019 Submitted into the public record for item(s) RE.3 on 06/27/2019 , City Clerk by a four -fifth's affirmative vote after an advertised public hearing, ratifying, confirming, and approving the City Manager's recommendation and written findings, pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended; waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City of Miami . . . to enter into a Bayfront Park Use Agreement with Event Ente3rtainment Group, Inc. ("User) for the presentation of an annual Ultra Music Festival, ... . Nevertheless, the Administration evidently takes the position that the current Ultra proposal can be approved by a simple majority vote. It has not explained the discrepancy between its past position and its current position, which in either event is irrelevant because the City must comply with the Charter in order to allow Ultra to lease Bayfront Park for its festival. Conclusion. The proposal should be defeated on policy and legal grounds. Approval will invite costly and protracted litigation, which would also threaten substantial financial risk for the City. If the Commission votes to return Ultra to Bayfront Park on the terms proposed, it would result in massive disruption, destruction of residents' quiet enjoyment of their homes, and cause substantial injuries to the health and property of the residents — a legal nuisance which Florida and U.S. Supreme Court cases hold can and should be enjoined by the courts. A vote of approval would also violate Sections 29 and 3(f)(iii) of the City Charter, and undermine the protection of public lands which City residents have demanded in the fundamental, bedrock law of the City. cc: Emilio Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Respectfully, Samuel J. Dubbin, P.A. l Dubbin & Kravetz, LLP Pave 18 of 18 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Submitted into the public record for item(s) RE.3 on 06/27/2019 . City Clerk ENGMEWNG Brooks Acoustics Corporatio— n RESEARCH 49 N. Federal Hwy Pompano Beach, FL 33062 754.229.1450 Mr. Itai Benosh 21 May 2018 Board Member and Treasurer PJ2018-1252-1-01 50 Biscayne Condominium Association, Inc. Treasurer, Downtown Neighbors Alliance, Inc. 50 Biscayne Boulevard Miami, FL 33132 Subject: Ultra Music Festival Sound Survey Tests Dear Mr. Benosh: As requested, Brooks Acoustics Corporation (BAC) has conducted an acoustical engineering sound survey to measure the sound levels that are emitted by the Ultra Music Festival (Ultra) located at Bayfront Park near the 50 Biscayne Condominium and other residential buildings that are part of the Downtown Neighbors Alliance. Sound monitoring was conducted before, during and after the Ultra events, from the evening of Thursday, March 22, 2018 to the morning of Tuesday March 27, 2018. The Ultra event was open to the public from Friday, March 23 to Sunday, March 25. However, considerable activity occurred in Bayfront Park and the surrounding area for many days before and after, including construction of the stages, sound tests and tear down of the festival equipment afterward. For this study, continuous sound monitoring at three (3) separate outdoor locations was conducted in the 50 Biscayne residential building. These included the Pool Deck (10th floor), the Unit 2802 balcony, and the Roof (55th floor). In addition, short term tests at various indoor locations were conducted during the Ultra Festival operating hours, and also when the Festival was not operating for direct comparison. These included the Pool Deck informal party room, Unit 2802 dining room, and several management offices. A focus of the testing was to measure broadband sound, in particular the low frequency (bass, thumping) sounds that are emitted by the multiple electronic dance music (EDM) disk jockeys (DJs) at the Festival. During the entire time that the Ultra Music Festival was operating, the rhythmic, thumping bass and drum sounds from the venue at Bayfront Park were plainly audible, distinctly noticeable and highly intrusive above the ambient background. The sound survey results show that the musical devices in use at the Ultra Music Festival events generated and emitted sound that can and did "disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence." BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 2 Importantly, the objective sound measurements obtained during this survey demonstrated that the low frequency rhythmic bass and drum thumping sounds generated by the Ultra events constitute a substantial intrusion which penetrates well above the ambient background. The objective data show that the disruptive nature of these significantly intrusive bass sounds can disturb the peace, quiet and comfort, and consequently seriously degrade the quality of 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. Sound Level Standards Communitv 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. Hearing Conservation Standards The US Centers for Disease Control (CDC) through the National Institute for Occupational Safety and Health (NIOSH) has developed standards for limiting noise exposure that can cause hearing damage. The NIOSH recommended exposure limit (REL) for occupational noise exposure is 85 decibels, A -weighted, as an 8 -hour time -weighted average [85 dBA as an 8 -hr TWA].3 It is well known that hearing damage is a cumulative effect that occurs for exposure to high sound levels over a period of time. The level of the sound exposure is related to the amount of time before damage occurs. The higher the level, the shorter the time before damage. According to NIOSH, the amount of time is cut in half for every 3 dB increase in sound level. submitted into the public record for item(s) RE.3 on 06/27/2019 City Clerk Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 BAC PJ2018-1252-L01 - 50 Biscavne - Ultra sound survev Page 3 Submitted into the public record for item(s) RE.3 Health Effects Standards on 06/27/2019 , City Clerk High levels of noise are known to be biological stressors. Numerous studies show that additional negative health effects can be caused by the high noise levels produced by the Ultra events. These negative effects include sleep deprivation, hypertension, cardio -vascular disease, and other adverse outcomes.a, 5 The sound levels which can cause these negative effects are generally less than those which cause hearing damage, but greater than those that cause annoyance. There is sufficient evidence to show that continuous sound levels above 70 dBA can cause hypertension and ischemic heart disease. Noise Induced Vibration Standards Criteria were developed by NASA to assess the potential of noise induced damage to housing structures due to rocket takeoffs.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 2001, J. Acoust. Soc. Am. 109 (5, pt. 2), 2424.2000 3 US Dept. of Health and Human Services (NIOSH) Publication No. 98-126.1998 4 Noise Exposure and Public Health, Willy Passchier-Vermeer and Wim F. Passchier, Environmental Health Perspectives Vol 108, Supplement I, March 2000 5 Babisch. Stress hormones in the research on cardiovascular effects of noise. Noise Health 5:1-11. 2003. 6 Hubbard & Shepherd. J. Acoust. Soc. Am. 89 (6).1991 & NASA TM -83288 7 Brooks, Schulte-Fortkamp, Voigt & Case. Exploring Our Sonic Environment through Soundscape Research & Theory. Acoustics Today. Winter 2014. Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 BAC PJ2018- i 252 -LO i — 50 Biscayne — Ultra sound survey Paye 4 So the tests conducted on between 22 March and 27 March had a focus to determine whether or not generated sounds from the Ultra events were contained sufficiently within Bayfront Park such that they would not disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. These tests had a purpose to determine the level of noise intrusion created by the Ultra events. Recent advances in technology have enabled the measurement of the noise intrusion of outdoor entertainment events on communities. This capability is discussed in detail in the Data Analysis section of the report, below. Further, the tests also were conducted to determine if the Ultra events could cause adverse hearing or health outcomes. Sound survey test procedure A sound survey was conducted at locations in the 50 Biscayne Condominium building, directly across Biscayne Boulevard from the Ultra event site between the evening of Thursday, 22 March 2018 and the morning of 27 March 2018. The surrounding area includes residential uses. These surveys were conducted by Bennett Brooks of BAC. Field measurements of sound levels were performed in accordance with the requirements of accepted standard methods of environmental sound measurement. Two types of sound survey tests were conducted. Continuous long term sound tests were conducted using sound level analyzers which were installed at three (3) locations for this survey. The long term tests measured and logged the sound level characteristics and the recorded the sound at those locations for periods of time which ranged from about 3'/z to 4'/2 days during the Ultra event. The other type of tests were short term sound surveys at mobile locations at and around the 50 Biscayne Condominium. For those short term tests, a handheld sound analyzer was transported to each of four (4) locations and mounted on a tripod. Sound test records at these location were made for time periods which ranged from about 2 to 60 minutes. The long term and short term sound survey test positions were selected at locations in the 50 Biscayne building near the Ultra event venue which fairly represent the baseline and event sound with respect to nearby residences. All of the test locations were on the east side of the building facing Bayfront Park, the venue for the Ultra events. The long term survey test positions were located as follows: L1. On the balcony of Unit 2802 L2. On the roof (55th floor) L3. On the pool deck near the informal party room Submitted into the public record for item(s) RE.3 on 06/27/2019 . City Clerk Brooks Acoustics Corporation 49 N. Federal HIM Pompano Beach, FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 5 The long term survey test positions bracket the various levels in the building where residents live. The pool deck on the 10th floor represents the residents on the lower levels just below and above that height. The position on the Unit 2802 balcony represents the mid-level residents, and the roof position represents the residents on the upper levels. Submitted into the public The short term survey test positions were located as follows: record for item(s) RE -3 on 06/27/2019 City Clerk 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 All test locations directly faced the Ultra event venue. Short term Position 1 (Unit 2802 living / dining room) and Position 4 (informal party room) were directly adjacent to the corresponding long term survey locations, for a direct comparison between the outdoor and indoor noise exposure from the Ultra event. The microphone height at each test position was 5.3 feet. Photographs of the 50 Biscayne building, showing its relation to the Bayfront Park site of the Ultra events, and of the test site and survey positions are given in Figure 1. The sound tests were conducted between the evening of Thursday, 22 March 2018 and the morning of 27 March 2018. The temperature at 4:12 pm, 23 March 2018 was 71 degrees F, with a relative humidity of 37%. The wind was variable at 0 to 3 mph at each outdoor (long term test) microphone location. The sky condition was partly cloudy. The temperature at 12:55 pm, 24 March 2018 was 72 degrees F, with a relative humidity of 45%. The sky condition was partly cloudy. Temperatures at the indoor locations generally ranged from 71 to 80 degrees F. Microphone windscreens were used to minimize the effects of wind on the test. Wind conditions were monitored using an anemometer. The wind was calm or light, and within acceptable speeds at the microphone locations during the test surveys. The wind speed started to increase on 24 March, so two of the long term test monitors were relocated to avoid the wind. About 2 pm, 24 March long term test Monitor 1 on the Unit 2802 balcony was moved from the balcony rail to a position closer to the wall. The wind speed at that time was about 4 to 7 mph at the rail, and about 0 to 2 mph closer to the wall. About 12 pm, 24 March long term test Monitor 3 on the pool deck balcony was moved from the balcony rail on the northeast corner to a position closer to the east wall (Monitor 3A). The wind speed at that time was about 8 to 11 mph at the rail, and about 1 to 4 mph closer to the wall. Brooks Acoustics Corporation 49 N. Federal hwv Pompano Beach, FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 6 Long term test Monitor 2 on the roof remained at its position throughout the survey. The wind speed at 3 pm, 24 March was about 1 to 5 mph at the microphone location. The long term test field acoustic measurement systems were digital (Type 1) integrating logging sound level analyzers (Rion NL -52). These systems had microphones which were mounted on a tripod and wired to the sound analyzer placed in a weather tight, locked box. These systems were used to record sound levels and the sound waveforms at the long term test positions. The short term test field acoustic measurement system was a digital (Type 1) integrating logging sound level analyzer (Norsonic Nor140). The hand-held analyzer system was mounted on a tripod and was transported to each field survey test position in sequence. This system was used to record the sound levels and the sound waveforms at the short term test positions. The field acoustic measurement systems were calibrated with equipment directly traceable to the U.S. National Institute for Standards and Technology (NIST). The nominal accuracy for these measurement systems is ± 1.5 dB. Calibration certificates for these instruments are available upon request. The acoustic measurement systems were field calibrated before and after the sound test surveys to confirm accuracy and proper data acquisition. A listing of the test instrument components is given in Table 1. The acoustics measurement test protocol for the each instrument system was set to ANSI standard A -weighting (human hearing) and Z -weighting (unweighted) for frequency, with slow and fast time weighting. The short term test periods were about 2 to 60 minutes in duration. The long term test periods were from about 3 % to 4 '/2 days in duration. The internal clock of each analyzer was synchronized with the NIST atomic clock to within a tolerance of 1 second. During these tests, the test instruments continuously recorded the sound level every second and computed the energy average level. Also, the instrument stored statistical and spectral acoustic parameters for the test period, updating those values every second. During the sound test survey, observation logs and notes were written identifying test procedures and also significant sound generating events and sources. Also, during this test survey, weather conditions were documented and include: temperature, relative humidity, wind speed and direction, and sky cover. Acoustical test equipment operating parameters were recorded by the measurement systems. Data analysis In this analysis, measured sound levels are given in terms of standard decibels, or "dB". These sound levels were both unweighted (linear) and also A -weighted. Sound level measurements which apply A -weighting are designated by the symbol "dBA". A -weighting mimics human hearing and removes much of the low frequency (bass) part of the sound signal. Further, sound temporal (time history), statistical and spectral information were analyzed. Submitted into the public record for item(s) RE -3 on 06/27/2019 City Clerk Brooks Acoustics Corporation 49 N. Federal HM Pompano Beach, FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Paye' Time history analysis Submitted into the public record for item(s) RE.3 on 06/27/2019 . City Clerk 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 Lol 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 Lol 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 Lso 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 Beach FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 8 These objectively defined criteria may be applied to the measured data to determine the intrusion of the noise generated by the Ultra Event. Soectral analvsis — 1/3 Octave Bands Included in this report are spectral sound data. These data are the result of a spectral analysis of the measured sound. In this analysis, the measured sound of the test record is divided into bands, known as 1/3 octave bands, which range from low frequency (bass) to high frequency (treble) sounds. The sound levels associated with each of these frequency bands can be shown on a spectrum chart ranging from low pitch on the left to high pitch on the right, similar to the arrangement of a piano keyboard. The Ultra Event music program material was rich in percussion and bass low frequency content. Therefore, a spectral analysis is useful in identifying the low frequency content of the sound survey test data. Based on hearing science, music production practices and loudspeaker design standards, the range of frequencies for bass content can be determined. For the purposes of this study analysis, the bass content of each test record is defined as the sum of the sound energy in the 1/3 octave bands from 40 Hz to 125 Hz inclusive. Further, the statistical criteria which determine the degree of noise intrusion (based on L1 — L90), as described above, were applied to both the overall (A -weighted) sound level and to the low frequency (bass) content of the sound from the Ultra Festival. Sound survey analysis The sound survey results are given by presenting the test data in the form of summary tables, time history charts and spectral charts, which all include sound frequency and statistical analyses of the data. Test Summary Tables A summary of the sound survey test data is given in Table 2. The sound level data are shown for each test position, along with observations made during the test record. The data for the short term test position is given in Table 2a. This table shows the L1 noise intrusion levels for each test, which are characterized as the LA1, A -weighted intrusion level and the L1 -Bass, bass content intrusion level. During the Ultra event at 11:25 pm on 3/24 the sound levels for the test at Position 1, inside the Unit 2802 living / dining room, were measured. The background sound level was measured at 1:50 pm on 3/23, before the event started that day. Submitted into the public record for item(s) RE.3 on 06/27/2019 City Clerk Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062 BAC PJ2018-1252-L01 — 50 Biscavne — Ultra sound survey Page 9 Y t.. N M U The bass content (L1 -Bass) sound level due to the Ultra event was 91 dB. This music level was W >- j � significantly higher than the L90 background bass content level, which was 48 dB. These data Ua indicate that the bass intrusion at this location was extremely high at 43 dB. s �, 0 E N This bass content intrusion greatly exceeds the criteria of 15 dB, known to result in widespread E_ complaints. It also represents an over 150 fold increase in sound intensity in the bass frequency IS o range above the background levels. This intrusion is like having a boom box car in your living room o for the entire day and evening. v Ln o 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 corner) and Position 3A (E side). One hour averages were compared for this outdoor location. The Ultra event sound levels were taken on 3/24 at from 11 pm to 12 midnight. The background sound levels were taken after the event had closed on 3/26 during the same hour of the day. The Ultra bass sound level was extremely high at 118 dB. The bass intrusion was 49 dB. The A -weighted Ultra event sound level on the pool deck was 96 dBA. This is a level known to cause hearing damage. The overall intrusion level was 96 dBA — 57 dBA = 39 dB. This intrusion also greatly exceeds the criteria of 15 dB, known to result in widespread complaints. This intrusion is like having a power saw operating in your living room for the entire day and evening. Similar results are shown for the long term test locations, in Tables 2b, 2c and 2d. The magnitude of the Ultra event music bass intrusion was very significant, from 40 to 49 dB. The magnitude of the Ultra event music A -weighted intrusion level was also very significant, from 31 to 42 dB. The test results from these tests consistently show high levels of noise intrusion to the nearby residents, which can "disturb the quiet, comfort or repose of persons in any dwelling". Time history charts Time history charts were analyzed. These charts show how the sound levels varied with each moment in time over the noise survey test periods. Unit 2802 balcony The sound level time history charts are attached for long term survey tests conducted at Position 1, located on the Unit 2802 balcony representing the residents on the mid-level floors. This chart shows the bass content (40 to 125 Hz) which was measured, analyzed and recorded hourly. The calculated statistical bass content levels are shown, including the L1 -Bass intrusion levels and the L90 -Bass ambient background level. The L1 -Bass intrusion levels were calculated for each hour. The L90 -Bass ambient level was calculated as an average of the measured L90 levels for the hours when music was not playing. Brooks Acoustics Corporation 49 N. Federal HM Pompano Beach, FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Paae 10 Y L The first chart shows the measured bass content data from 10 pm on Thursday, 3/22 to 2 pm on W Saturday, 3/24. The second chart shows the measured bass content data from 2 pm on Saturday, 3/24 to 10 am on Monday, 3/26. v Note that when the music was being played at the Ultra event the measured L1 -Bass sound levels 41 0 v N are much higher than they are when there is no music. The lower levels represent the sound of road L N traffic and other activities in the area. °) ° Eo The highest level L1 bass content on the Unit 2802 balcony caused b the Ultra event on Friday 3/23 = v g y y y N o was for the hour between 11 pm and 12 midnight, at 96 dB. This can be compared with the average L90 bass ambient background level of 64 dB. This constitutes an intrusion of 32 dB. The highest level L1 bass content on the Unit 2802 balcony caused by the Ultra event on Saturday 3/24 was for the hour between 5 pm and 6 pm, at 100 dB. The highest level L1 bass content caused by the Ultra event on Sunday 3/25 was for the hour between 8 and 9 pm, at 104 dB. This can be compared with the average L90 bass ambient background level of 65 dB. Note that the background level is consistent between the days, within 1 dB. The intrusion of 104 dB compared to 65 dB background constitutes an intrusion of 39 dB on the Unit 2802 balcony. Similar results are shown for the A -weighted time history data for Unit 2802. Roof The sound level time history chart is attached for the long term survey tests conducted at Position 2, located on the building roof and representing the residents on the upper floors. This chart shows the measured bass content (40 to 125 Hz). The highest level L1 bass content on the roof caused by the Ultra event was on Saturday 3/24 for the hour between 10 pm and 11 pm, at 108 dB. This can be compared with the average L90 bass ambient background level of 68 dB. The intrusion of 108 dB compared to 65 dB background constitutes an intrusion of 43 dB. Similar results are shown for the A -weighted time history data for the roof. Pool Deck The sound level time history charts are attached for long term survey tests conducted at Position 3, located on the pool deck and representing the residents on the lower floors. This chart shows the measured bass content (40 to 125 Hz). The highest level L1 bass content on the pool deck caused by the Ultra event on Friday 3/23 was for the hour between 10 and 11 pm, at 115 dB. This can be compared with the average L90 bass ambient background level of 71 dB. This constitutes an intrusion of 44 dB. The highest level L1 bass content on the pool deck caused by the Ultra event on Saturday 3/24 was for the hours between 10 pm and 12 midnight, at 118 dB. The highest level L1 bass content caused Brooks Acoustics Corporation 49 N. Federal HM Pompano Beach, FL 33062 BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 11 by the Ultra event on Sunday 3/25 was for the hour between 10 and 11 pm, also at 118 dB. This can be compared with the average L90 bass ambient background level of 72 dB. The intrusion of 118 dB compared to 72 dB background constitutes an intrusion of 46 dB.M U U LLI T = V Similar results are shown for the A -weighted time history data for the pool deck. CL M These time history data confirm the statistical analyses of the test records shown in the summary o E N tables, discussed above. A trend is noted that the closer the test location is to ground level, the higher N the measured sound data. 4- -00 E o Spectrum charts N o 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. 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 HM Pompano Beach, FL 33062 BAC PJ2018-1252-1-01 — 50 Biscayne —'Ultra sound survey Page 12 Spectral analysis results — outside the building • Y An analysis of sound levels at an outdoor survey location, the Pool Deck, was done both with and U W ;• without the Ultra Festival operating. U a W, The sound comparison is shown graphically in spectrum Comparison Chart 2, attached. � EN Again, the solid red line on the chart representing the Ultra intrusion sound levels, was significantly o N higher than the dotted green line representing the background sound levels. -,B 0 The measured low frequency (bass) sound levels of the Ultra event were extremely high. It is seen N v o that the intrusions caused by the Ultra Festival outside are as much, or more than the intrusions at the indoor locations. The bass content 1 -1 -Bass Ultra music level was 118 dB. This music level was considerably higher than the L90 background bass content level at that same time of day, which was 69 dB. These data indicate that the bass intrusion at this location was extremely high at 49 dB. This bass content intrusion outside also greatly exceeds the criteria of 15 dB, known to result in widespread complaints. It represents almost a 300 fold increase in sound intensity in the bass frequency range above the background levels. The A -weighted overall intrusion level was 96 dBA — 57 dBA = 39 dB. This intrusion also greatly exceeds the criteria of 15 dB, known to result in widespread complaints. 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 3/23 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-L01 — 50 Biscayne — Ultra sound survey Page 13 by 3 dB. This means that a person on the balcony will receive the maximum noise dose in a period of 4 hours, after which hearing damage can occur. The measured 8 -hour time -weighted -average (8 -hr TWA) on the Unit 2802 balcony for Saturday 3/24 was 91.5 dBA. This exceeds the recommended hearing protection limit by 6 dB. This means that a person on the balcony will receive the maximum noise dose in a period of 2 hours, after which hearing damage can occur. The measured 8 -hour time -weighted -average (8 -hr TWA) on the Unit 2802 balcony for Sunday 3/25 was 93.1 dBA. This exceeds the recommended hearing protection limit by over 8 dB. This means that a person on the balcony will receive the maximum noise dose in a period of a little over 1 % hour, after which hearing damage can occur. Similar results were found at the other test locations. With regard to negative health outcomes, the Ultra event sound levels are consistently higher than the WHO recommended guidelines for adverse health effects. As the TWA data above indicate, the sound levels at all common element and private property outdoor locations in 50 Biscayne building are well above the WHO 70 dBA threshold. Vibration damaae 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. Submitted into the public record for item(s) RE.3 on 06/27/2019 City Clerk Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 330" BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 14 The noise levels from the Ultra events greatly exceed these annoyance guidelines, by as much as • 50 dBA at night. This ensures that the nearby population will be highly annoyed by the Ultra event.UJ Y v M U The standard design criteria for outdoor entertainment facilities dictate that the noise intrusion oc on communities be measured by the difference between the occasional noise interference level, v which occurs 1 percent of the time (L1), and the background ambient sound level (L90). N For the criteria of L1 minus L90, the following results may be expected: v o N L1 — L90 less than 5 dB: Facility rarely audible with minimal complaints. � Q 0 L1 — L90 between 5 and 15 dB: Facility sometimes audible with significant complaints. o N v o 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 % 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 PJ2018-1252-1-01 — 50 Biscayne — Ultra sound survey Page 15 Sound survey results summary The sound survey results show that the sounds of musical devices at the Ultra Events significantly intrude on the ambient background which otherwise exists at those residences. Therefore, the Ultra event noise will disturb the peace, quiet and comfort of the neighboring inhabitants in the nearby residential dwellings. Importantly, the survey data demonstrated that the low frequency rhythmic bass and drum thumping sounds generated by the Ultra event constitute a substantial intrusion which penetrates well above the ambient background. The disruptive nature of these significantly intrusive bass sounds are likely to be highly annoying and can seriously degrade the quality of life for residents in the proximity of the Ultra Music Festival. Negative health effects are likely outcomes for nearby residents of the Ultra events, based on an evaluation of Ultra event sound levels, hearing damage criteria and other health criteria. Finally, physical damage to nearby buildings can be caused by the noise induced vibrations generated by the Ultra noise emissions. Please contact me if you have any questions about these findings. Very truly yours, BROOKS ACOUSTICS CORPORATION prrxrr��, �• C O Nly'"�y F Bennett M. Brooks, PE, FASA, INCE ; *_� v*i President 9 ; No. 1740t Attachments o��`V. ..... Submitted into the public record for item(s) RE.3 on 06/27/2019 , City Clerk. Brooks Acoustics Corporation 49 N. Federal HM Pompano Beach FL 33062 Submitted into the public record for item(s) RE.3 on 06127/2019 . City Clerk' BAC Project Letter LR2018-1252-1-01 Figure 1 front F� 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) RE,3 on _06/27/2019 1 City Clerk. BAC Project Letter LR2018-1252-1-01 Figure 1 a,b i� � Figure 1, a. Long Term Test Position L1 - Unit 2802 balcony. Several Ultra Music Festival stages visible in Bayfront Park. 1) 2) Figure 1, b. Long Term Test Position L1 - Unit 2802 balcony. Microphone mounted on tripod, with analyzer in locked box. 1) original position 2) modified position. Submitted into the public record for item(s) RE.3 on 06/27/2019 . City Clerk. 2) modified position. BAC Project Letter LR2018-1252-L01 Figure 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 record for item(s) REJ on _ 06/27/2019 . City Clerk. BAC Project Letter LR2018-1252-L01 Figure 1 e,f 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(s) RE.3 on 06/27/2019 City Clerk. BAC Project Letter LR2018-1252-L01 Figure 1 g,h 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) RE.3 on 06/27/2019. City Clerk. BAC Project Letter LR2018-1252-L01 Figure 1 i -j Figure 1, i. Long Term Test Position L3 - Pool Deck (10th floor). Original location at northeast corner. View of Ultra Festival additional stages during set up. N 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) RE -3 on 06/27/2019. City Clerk. BAC Project Letter LR2018-1252-1-01 Figure 1 k,l r -t, 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, I. Short Term Test Position 4 - Informal party room (10th floor pool deck). Analyzer on tripod. Submitted into the public record for item(s) RE.3 on 06/21/2019 City Clerk BAC Project Letter LR2018-1252-L01 Figure 1 m,n Figure 1, m. View of Ultra Festival stages from Long Term Position L3 (Pool Deck 10th floor). Evening performance heavily attended. Figure 1, n. View of Ultra Festival stages from Long Term Position L3 (Pool Deck 10th floor). Evening performance heavily attended. BAC Proiect Letter PJ2018-1252-L01 50 Biscayne Ultra Noise Survey Miami, FL Table 1 ACOUSTIC INSTRUMENTATION SYSTEMS Noise Survey — 22 to 27 March 2018 Data Acquisition Equipment 1. Norsonic Instruments - Digital Precision Sound Level Analyzer — Class 1 Model NOR140, S/N 1403462* - Microphone - Model 1225, S/N 98505* - Acoustical Calibrator - Model 1251, S/N 32064* 2. Rion - Digital Precision Sound Level Analyzer — Class 1 Model NL -52, S/N 00375623 [Position L1]* - Microphone - Model UC -59, S/N 11098 - Preamplifier - Model NH -25, S/N 65750 - Digital Precision Sound Level Analyzer — Class 1 Model NL -52, S/N 00331834 [Position L2]* - Microphone - Model UC -59, S/N 05046 - Preamplifier - Model NH -25, S/N 21785 - Digital Precision Sound Level Analyzer — Class 1 Model NL -52, S/N 00921170 [Position L3]* - Microphone - Model UC -59, S/N 04202 - Preamplifier - Model NH -25, S/N 21212 - Digital Precision Sound Level Analyzer — Class 1 Model NL -52, S/N 00843243 [Position L3A]* - Microphone - Model UC -59, S/N 06881 - Preamplifier - Model NH -25, S/N 43257 Table 1 Submitted into the public record for item(s) RE -3 on 06/27/2019 , City Clerk 3. Extech Instruments - Mini Thermo -Anemometer — Model 45158, S/N 13260 Laboratory Playback and Analysis Equipment 1. Norsonic Instruments - NorXfer Analyzer Software, ver. 6.0 2. Lenovo - Computer workstation with USB & SD interfaces 3. Microsoft - Excel 2013 Spreadsheet Program 4. Brooks Acoustics - BAC Proprietary Data Analysis Software *Note: Certificates of Calibration available upon request. BAC Project Letter PJ2018-1252-1-01 50 Biscayne Ultra Noise Survey Miami Beach, FL Table 2a Summary -- Measured Sound Data - 50 Biscayne Condominium Ultra Event Noise Survey 22-27 March 2018 Short Term Test Periods Test Position 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 Residence interior 3 3/24/2018 Pool deck 11:00 PM NE corner - outdoors 3A 3/26/2018 Pool deck 11:00 PM E side - outdoors LA90=32 LBass90=48 Ambient background sound Music shut down before event 118 Music at Ultra Events LA90=57 LBass90=69 Ambient background sound Music shut down after event Notes: L- Bass is sum of 40 to 125 Hz 1/3 Octave Band unweighted levels Ambient background sound level applies L90 metric Table 2a Submitted into the public record for item(s) RE -3 on 06/2712019, City Clerk BAC Project Letter PJ2018-1252-1-01 Table 2b 50 Biscayne Submitted into the public Ultra Noise Survey Miami Beach, FL record for item(s) RE.3 Table 2b on 06/27/2019 , City Clerk 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 L1 3/23/2018 Unit 2802 balcony 112 Music at Ultra Events Residence balcony L1 3/23/2018 L1 3/24-26 L1 3/24-26 Unit 2802 balcony Residence balcony Unit 2802 balcony Residence balcony Unit 2802 balcony Residence balcony LA90=64 LBass90=68 Ambient background sound Music shut down after event 114 Music at Ultra Events LA90=65 LBass90=72 Ambient background sound Music shut down after event Notes: L- Bass is sum of 40 to 125 Hz 1/3 Octave Band unweighted levels Ambient background sound level applies L90 metric BAC Project Letter PJ2018-1252-L01 50 Biscayne Ultra Noise Survey Miami Beach, FL Test Position Date L2 3/22-27 L2 3/22-27 Location Roof E side Roof E side Table 2c Submitted into the public record for item(s) RE.3 Table 2c on 06/27/2019 City Clerk Summary -- Measured Sound Data - 50 Biscayne Condominium Ultra Event Noise Survey 22-27 March 2018 Long Term Test Periods Ll -Bass* Observations 108 Music at Ultra Events LA90=62 LBass90=68 Ambient background sound Music shut down after event Notes: L- Bass is sum of 40 to 125 Hz 1/3 Octave Band unweighted levels Ambient background sound level applies L90 metric BAC Project Letter PJ2018-1252-L01 Table 2d 50 Biscayne Submitted into the public Ultra Noise Survey Miami Beach, FL record for item(s) RE.3 Table 2d on 06/27/2019 City Clerk 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 L3 3/23/2018 Pool deck 115 Music at Ultra Events NE corner L3 3/23/2018 L3A 3/24-27 L3A 3/24-27 Pool deck NE corner Pool deck E side Pool deck E side LA90=63 LBass90=71 Ambient background sound Music shut down after event 119 Music at Ultra Events LA90=62 LBass90=72 Ambient background sound Music shut down after event Notes: L- Bass is sum of 40 to 125 Hz 1/3 Octave Band unweighted levels Ambient background sound level applies L90 metric BAC Protect Letter PJ2018-1252-L01 50 Biscayne Ultra Noise Survey Miami Beach, FL Table 3 Summary -- Measured Sound Data - 50 Biscayne Condominium Ultra Event Noise Survey hearing damage asessment 22-27 March 2018 8 -hour Time Weighted Average sound levels (LAeq 8 -hr TWA) During Ultra Festival operation Table 3 Submitted into the public record for item(s) RE.3 on 06/27/2019 City Clerk Test Position Date Location LAeq 8 -hr TWA Exposure time before hearing damage L1 3/23/2018 Unit 2802 balcony 88 4 hours L1 3/24/2018 Unit 2802 balcony 91 2 hours L1 3/25/2018 Unit 2802 balcony 93 1 hour 16 minutes L2 3/23/2018 Roof 83 12 hours 42 minutes L2 3/24/2018 Roof 85 8 hours L2 3/25/2018 Roof 84 10 hours 5 minutes L3 3/23/2018 Pool deck 89 3 hours 10 minutes L3A 3/24/2018 Pool deck 93 1 hour 16 minutes L3A 3/25/2018 Pool deck 93 1 hour 16 minutes *Note - Per NIOSH criteria 50 Biscayne Ultra Noise Survey Miami, FL 120 - 110 - 100 - Sound Pressure Level 90 - Bass (40-125 Hz) 80 in dB re: 20 uPa BAC Time 70 Ultra Music Festival Noise Survey Residence Unit 2802 Balcony Low Frequency (BASS) Sound Levels Submitted into the public record for item(s) RE.3 on 06/27/2019 . City Clerk Date: 22 Mar 18 Time: 10:00 PM Position: L1 60 0 0 0 0 0 0 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 0 0 Co Co Co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N M O V LL) (O 1- 00 01 O_ �_ N_ M_ V_ LL) (p r- 00 01 O N M O � N M V LL) 10 1- 00 O Or NM NNM M M M M M M M M M N N N N V V V V V V V V V _ _ _ N N N N N N N N N N N Q M M M M M M M M M M M M M M N Q N Q MV Q N MV N N V V V V Q M M M M M M M M M M N Q N N N N N N N N N M M M M M M M M M M N N N N M M M M MM M M M M M M M M M M M M M M LTH2O18-0322 Pos L1 L -bass (40 - 125 START TIME (data for following hour) D n v 0 r m C CD e N O w N a+ N 0 0 J Ultra Music Festival Music with heavy bass Drop in music BASS SOUND LEVELS bass levels when music is shut 40 to 125 Hz down L1 peak to baseline = L1 - L90 112dB-68dB = 44 decibels L90 . (no music) Music off Music off Friday Saturday 60 0 0 0 0 0 0 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 0 0 Co Co Co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N M O V LL) (O 1- 00 01 O_ �_ N_ M_ V_ LL) (p r- 00 01 O N M O � N M V LL) 10 1- 00 O Or NM NNM M M M M M M M M M N N N N V V V V V V V V V _ _ _ N N N N N N N N N N N Q M M M M M M M M M M M M M M N Q N Q MV Q N MV N N V V V V Q M M M M M M M M M M N Q N N N N N N N N N M M M M M M M M M M N N N N M M M M MM M M M M M M M M M M M M M M LTH2O18-0322 Pos L1 L -bass (40 - 125 START TIME (data for following hour) D n v 0 r m C CD e N O w N a+ N 0 0 J 50 Biscayne Ultra Noise Survey Miami, FL 120 110 100 Sound Pressure Level 90 . L1 & L90 Bass (40-125 Hz) 80 in dB re: 20 NPa BAC Time 70 Ultra Music Festival Noise Survey Residence Unit 2802 Balcony Low Frequency (BASS) Sound Levels Submitted into the public record for item(s) RE.3 on 06/27/2019. City Clerk. Date: 24 Mar 18 Time: 2:00 PM Position: L1 60 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O _O N_ M et �_ (O h aO Of O N M O N M � In (p h aO Of r r N N N N U*) U) U) U) U) In In U) r r r N N N N (O (O (O (O (O (O (O W W W N N N N N N � N N N N N N N M M M M M M M M M M N N N �1 �V N �V N N N �V �V N N M M MM M M M M M M M M M M M M M M M M M M M M Cl) M M M M M M M M M LTH2O18-0324 Pos L1 L -bass (40 - 125 START TIME (data for following hour) a) D 0 v 0 CD r CD C CD C- N O J 9D N N 0 J D n m N 0 Q N O_ co O W N A 0 N r CPv d N A O N N Ultra Music Festival Drop in music bass levels when Music with music is shut heavy bassMusic with down heavy bass peak to baseline = L1 - L90 114dB-72dB BASS SOUND LEVELS = 42 decibels 40 to 125 Hz L90 jet Music off (no music) Music oDff Saturday Sunday =Monday 60 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O _O N_ M et �_ (O h aO Of O N M O N M � In (p h aO Of r r N N N N U*) U) U) U) U) In In U) r r r N N N N (O (O (O (O (O (O (O W W W N N N N N N � N N N N N N N M M M M M M M M M M N N N �1 �V N �V N N N �V �V N N M M MM M M M M M M M M M M M M M M M M M M M M Cl) M M M M M M M M M LTH2O18-0324 Pos L1 L -bass (40 - 125 START TIME (data for following hour) a) D 0 v 0 CD r CD C CD C- N O J 9D N N 0 J D n m N 0 Q N O_ co O W N A 0 N r CPv d N A O N N 50 Biscayne Ultra Noise Survey Miami, FL 110 100 90 A -weighted Sound Pressure 80 Level 1 & LA90 in dB 70 re: 20 pPa 60 A -WEIGHTED SOUND LEVELS LA1 Ultra Music Festival Noise Survey Residence Unit 2802 Balcony A -weighted Sound Levels Ultra Music Festival Music LA90 (no music) Music off Submitted into the public record for item(s) RE -3 on 06/27/2019 City Clerk Drop in music sound levels when music is shut down peak to baseline = LA1 - LA90 96dBA-64dBA = 32 decibels Music off Date: 22 Mar 18 Time: 10:00 PM Position: L1 Saturday O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N f') N ON cr) 'q LO (o P CO C) _O r_ N_ CV) LO (o f� CO _0 O N N N N M N O N M LO W PW O _O N M N N cr) fh �V N M �V M N M N M M N N M �V M N M �V fh fh fh fh f`7 fh fh M fh fh M M M M N N M M START TIME (data for following hour) BAC Time History LTH2O18-0322 Pos L1 A -weighted levels. ca D C7 v 1 0 r CD C CD N O O N N 0 0 D 0 -i 3 m 2 N 0 Z Ei 2 N O_ 9D Co W N N 0 N D (= G fD CD N 50 Biscayne Ultra Noise Survey Miami, FL 120 110 100 A -weighted Sound Pressure 90 Level 8 LA90 in dB 80 re: 20 NPa 70 Ultra Music Festival Noise Survey Residence Unit 2802 Balcony A -weighted Sound Levels Submitted into the public record for item(s) RE.3 on 06/27/2019 City Clerk, Date: 24 Mar 18 Time: 2:00 PM Position: L1 60 O O O0 O O O0 O O O O O O O O O O O0 O O O O O O O O O O0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O LL� (0 1� 00 01 O N M O N M 't 0 0 1- 00 01 _O _ N_ _M qt Ln (0 1- 00 0) O N M O N M -4 In (0 1- 00 01 N N N N W) LL7 LL7 ....... N N N N O O O O O O O O O (O M M M M M M M M M M M M Cll M M M M M M M M M M M START TIME (data for following hour) JBAC Time History LTH2O18-0324 Pos L1 A -weighted levels. 00 D n m 0 12 N 0 91 0 C.0 A 0 N D N 10 S (D CL N CD N Ultra Music Festival A -WEIGHTED SOUND LEVELS Music LAI Drop in music sound levels when Music music is shut down peak to baseline = LA1 - LA90 104 dBA - 65 dBA = 39 decibels f a. LA90 , (no music) —E Music off Music off Saturday Sunday Monday 60 O O O0 O O O0 O O O O O O O O O O O0 O O O O O O O O O O0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O LL� (0 1� 00 01 O N M O N M 't 0 0 1- 00 01 _O _ N_ _M qt Ln (0 1- 00 0) O N M O N M -4 In (0 1- 00 01 N N N N W) LL7 LL7 ....... 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T-�- slagloap l£ = d8P Z9 - d8P £6 06\/'1 - LVl = awlaseq o; dead umop;nys sl olsnw uaynn slanal punos LVl olsnw ul doja S13A31 olsnw aNnoS a31HJ13M-V Ienl;sad olsnyq eimn Zl :UOIIISOd Wd 00:6 :awll 9L JeW ZZ :ale(] MAD AID 61OZ LZ 90 uo V3H (s)uaall J01 pJo:)aJ :)ilgnd ay; olui pa;l!wgnS slanaI punoS pal46lam-V Ted ;uoj jAe8 6uloe; ja;ueo jeou -;ooa AeAjnS asioN IeAI;sa=l oisnW eimn 09 edd OZ :OJ OL 8P u! 06V'1 '8 W1 Iana1 09 ajnssaJd punoS Pa;y6laM-V 06 OOL M AaAjnS asION eilin auAe0sIG 09 50 Biscayne Ultra Noise Survey Miami, FL 130 120 110 Sound Pressure 100 Level 1 8 fJ` 90 Bass (40-125 Hz) in dB 80 re: 20 NPa 70 60 Ultra Music Festival Noise Survey Pool Deck - E side middle of informal party room (10th floor) Low Frequency (BASS) Sound Levels Ultra Music Festival Music with heavy bass Drop in music bass levels when . music is shut down peak to baseline =L1-L90 119dB-72dB = 47 decibels Submitted into the public record For item(s) RE.3 on 06/27/2019 City Clerk Date: 24 Mar 18 Time: 12:00 PM Position: 1-3-A BASS SOUND - - LEVELS L90 (no music) 40 to 125 Hz L1 Music off =Music . �F- .�- �� . T trte. � rr r. �* {.� i�j• �.• �. � ...I. , T. ��..r� rt� ray i. �� }�h �� �.� F� .� . Saturday Sunday Monday Tuesday O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N r r (O r 00 r O N N O N N U) r r r r r N N r r r — r — r N N to to L7 L7 L7 O O O O O n n n n P M M M M M M M M M M M MCI) START TIME (data for following hour) BAC Time History LTH2O18-0322 Pos L3A L -bass 40 - 125 Hz). D 0 v —0. r m C CD N O w N N 0 50 Biscayne Ultra Noise Survey Miami, FL 110 100 90 ' A -weighted Sound Pressure 80 ' Level LAI & LJ%90 in dB 70 re: 20 NPa 60 ' 50 0 0 0 0 0 0 0 0 0 g O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N O N -4 1p 00 _O N_ of to 00 O N O N V to 00 O_ N_ �_ to 00 O N O N -4 to 00 In In N In In In N N N Co Co to to Co N N � � � � � q -4 -4 -4 N N NN N N N (o (o to (o to to to N g Q Q N �V N �V �V �V �V �,.� N N N N M M N N N N N �V N M M M M C7 C7 C7 M M M C7 C7 C7 C7 M M M C7 C7 C7 M C7 C7 M Ultra Music Festival Noise Survey Pool Deck - E side middle of informal party room (10th floor) A -weighted Sound Levels Submitted into the public record for i:em(s) RE.3 on 06/27/2019 City Clerk. Date: 24 Mar 18 Time: 12:00 PM Position: L3 -A START TIME (data for following hour) JBAC Time History LTH2O18-0322 Pos L3A D n —0. r CD C CD e N O_ 9D J N CA N 0 J D 0 3 CD 2 N O r S N O T 0 w N N v N W D D tG m a Ultra Music Festival Music Drop in music A_WEIGHTED sounds levels SOUND LEVELS when music is shutdown LAI peak to baseline = LA1 - LA90 104dB-62d13 = 42 decibels LA90 (no music) rlool�' ,� �... � �r . �...�j.��i �.a � +i. .� �� �� �.w. �.. ..ice_ �. � a... a�r. ,�* �� �..}._}..+.. .•.�+. j� MusicoffMusic off`I Saturday L^ Sunday Monday Tuesday START TIME (data for following hour) JBAC Time History LTH2O18-0322 Pos L3A D n —0. r CD C CD e N O_ 9D J N CA N 0 J D 0 3 CD 2 N O r S N O T 0 w N N v N W D D tG m a Submitted into the public record for item(s) RE.3 on 96-I 2019 , City Clerk 50 Biscayne Ultra Music Festival Sound Survey - Comparison Ultra Noise Survey Ultra Event compared with background Da Miami, FL Unit 2802 - Living / Dining Room Tin Unit 2802 LA1 = 64 w/Ultra Positic Unit 2802 LA90 = 32 Background Unweighted (linear) & Sound Pressure Level in dB re: 20 NPa BAC Graph 20180324 100 90 80 70 60 50 40 30 20 16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz 1/3 Octave Band Center Frequency in Hertz 1 L1 Intrusion & L90 Background Ultra Event spectrum peak = 90 dB at 40 Hz D n 0 r C CD L N 0 9D N N r O Submitted into the public record for items) RE.3 on 06 27/2019 , City Clerk. 50 Biscayne Ultra Music Festival Sound Survey - Comparison Ultra Noise Survey Ultra Event compared with background Da Miami, FL Pool Deck - outdoor Tirr Pool Deck LA1 = 96 w/Ultra Positic Pool Deck LA90 = 57 Background Unweighted (linear) Sound Pressure Level in dB re: 20 NPa 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 4000 Hz 8000 Hz 1/3 Octave Band Center Frequency in Hertz BAC Graph 20180324 Comparison 2 L1 Intrusion & L90 B Ultra Event spectrum peak = 113 dB at 50 Hz I Submitted into the public record for items) RE.3 on 06 2:)19 ,City Clerk J_. _.._. 50 Biscayne Ultra Music Festival Sound Survey - Comparison Ultra Noise Survey Ultra Event compared with NASA Noise Induced vibration Criteria Date: 24 Mar 2018 Miami, FL Pool Deck - outdoor Time: 23:00 Pool Deco ! A - 96 dBA w/Ultra Position: 3A 120 110 100 Unweighted (linear) 90 Sound 80 Pressure Level 70 in dB re: 20 NPa 60 50 40 13 Hz ---- Ultra Event low frequency noise ------------------------------ significantly exceeds NASA floor vibration criteria ----- - _ ----- - -- +� - -- Floors Walls Windows NASA Criteria for perceptible Noise Induced Vibration per TM -83288 BAC Graph 20180324 NASA 25 Hz 50 Hz 1/3 Octave Band Center Frequency in Hertz 3 L1 sound levels Ultra Event 100 Hz = 113 dB at50H W D C7 v N 0 OD 0 W N A Z D D n 0 3 v c 0 w MIAMI NATIVE, RUSSELL FAI BISCH, CREATES GLOBAL PHENOMENON "Miami is the Magic City for a reason, there is just no place Iike it...." " ... with the surreal backdrop of downtown's towering skyscrapers, where Biscayne Bay meets the Atlantic Ocean. It's very exciting to bring so many international people each year from every corner of the glob✓' to visit our city and experience the festival." A GLOBAL FOOTPRINT - RUSSELL FAMIS FOUNDER, ULTRA MUSIC FESTIdA DI MAG, APRIL 28,201, r "Miami is the mothership ... . -RUSSELL FAIBISQ, FOUND"°LILTRA MUSIC FESTIYA''' OCXAN pRNt, MAkCH t or U Submitted into the public record for item(s) RE.3 on 06/27/2019 . City Clerk. Submitted into the public record for item(s) RE.3 on 06/27/2019 . City Clerk. INDUSTRY PRESENCE % WORLDWIDE AUDIENCE " ... Ultra Music Festival Miami was one of the first dance music festivals in America. And 20 years later it remains one of the #1 TRENDING TOPIC premiere dance music destinations in the entire world." worldwide on Twitter for the Miami Event on - BILLBOARD nor March 23 and 25, 2018 "Ultra Music Festival is, without question the most important electronic music event in the world." ® O - ROLLING STONE OVER 30 MILLION live stream views from around the MARKETING MIAMI, SOCIAL MEDIA IMPACT world showcasing Bayfront Park and Downtown Miami in 2018 WORLD CLASS CITY (a) WORLD CLASS EVENTS "Part of what makes us a global city is having world-class cultural and _ nearly nearly recreational facilities that our residents can be proud of... tw]e want big 4 MILLION 2.3 MILLION events in our city ...." + Facebook Likes Twitter Followers - MAYOR FRANCIS SUAREZ STATE OF THE CFIYADDRESS. FEBRUARY26, 2028 YOU Ultra Music Festival provides important intangiblernality benefits to the City of Miami and the surrounding region. These include the enhancement of Entertainment and Visitor Industry clusters, and the -; promotion and advertisement of the City of Miami as a world-class nearly nearly destination for both domestic and international visitors. ----0-3,3-MILLION 1.5 MILLION .- - THE WASHINGTON ECONOMICS GROUP Instagram Followers YouTube Subscribers AUGUST25, 2017 OVER $993MM IN ECONOMIC IMPACT" YEAR ECONOMIC IMPACT 2018 $168 Million 2017 $148 Million 2016 $147 Million 2015 $133 Million 2014 $97 Million 2013• $223 Million 2012 $79 Mill -Ion $240,000,000 $180,000,000 $120,000,000 $60,000,000 $_0 2012 2013 2014 2015 2016 2017 2018 THE WASHINGTON ECONOMICS GROLIK APPROXIMATELY $10MM IN FL SALES TAX REVENUE BETWEEN THE PERIOD OF 2013 AND 2018n YEAR SALES TAX REVENUE $2,100,000 2018 $1,752,313 $1,575,000 2017 $1,43$832 SSSMillion — 1,402 jobs $1,050,000 2016 $1,455,734 $42 Million +2015 $1,351,270 $525,000 2014 $1,544,390 $_0 2013 2014 2015 2016 2017 2018 2013• $2,056,806 tmn hekr—hd oro $130 aYHar bjld 4 u.a wd kW eon. W-1 or ,,W,f 20I2 ad2al7. Soumr - EVEN S ENTE.RTAINMENTGROUP. li:.i n¢ wAsuwclvN tcorxulrcscwuP —0 Submitted into the public record for item(s) RE.3 on 06/2712019 . City Clerk . \ 1,556 JOBS IN 2071n $56MM IN LABOR INCOME IN 2017n Oil $W%r hyN am in rhe Anow7ttI;s-based services, sector and 35% are in the W fret industry. Appim16a4tely6Sf6 aJllul�r arc dbectly supported by Uhra k operational espemlb'ums and $U 119(tan h atapNd• illaia has grrrrE¢ed Quer $330 million in labor income between 2012 and 2017. I I YEAR JOBS LABOR INCOME 07 1.556jobs S%Minion 20161,539 jobs SSSMillion 2015 1,402 jobs $50 Millon 2014 1,209 jobs $42 Million 2013' 2,841 jobs $96 Million 2012 915 jobs $32 Million HOTEL ANALYSIS" 3000 $100,000,000 2250 $75,000,000 15OD $50,000,000 750 I 1 11 11 $25,000,000 I 0 S-0 2012 2014 2016 2012 2014 2016 THE WASHINGTON ECONOMICS ra"'s tQMno 4 us, """ ' HOTEL ASSOCIATION eAQl MI05 .Q NOSPIIAI.r• ' "fTibe festival generates positive ecmtomic impart through sold out hotel rooms.. - WENDY KALLERGIS PBrSn'MArNQ0 GREATER MAN & THE BEACHES HWL ASSOC'N1MW �,.InearQ OCCUPANCY DATES ROOM NIGHTS SOLD OCCUPANCY RATE AVERAGE DAILY RATE March 18 - 24, 2018 50,519 0111%) 92%(+11%) $326/night (+14%) March 25.31, 2018 46,64104.0%) 85%(+4.0%) 1280/n'Ight (+14%) Stu" - GREATER MIAMI & THE BEACHES HOTEL ASSOCMTRW —0— "And so it's over! Safest @ultra ever! Special Thank you to all @MiamiPD officers, outside agencies, @CityofMimniFire, @downtownMIA, and @CityofMiami for making this event a success. A thorough cleaning of the streets is underway and Will last through the night. #MiamiSafestCity" -Miami Police Department Commander Jose L Fernandez �+ Twitter, C Downtown_CMDR (3/25/18) I t g& .0 . �. "'*Ftp r F • t I r d- LJT• �v S „- A. At • J p' ���' �'�� �' � � Y. •. _ �J � � .,rad T t. Submitted into the public record for item(s) RE.3 on 06/27/2019. City Clerk X\ BAYFRONT PARK Sec. 38-102. - Purpose. The trust shall direct, operate, manage and maintain all aspects of the city -owned property known as Bayfront Park (hereinafter referred to as "park"), for the purposes of g. suriag maximum community utilization and enjoyment. The trust shall endeavor to attract organized activities and functions to the park consistent with this purpose. (Ord. No. 10348, § 1(2),11-19-87; Code 1980, § 38-72) Sec. 38-107. - Encouragement of private enterprise. The trust shall, to the greatest extent it determines to be feasible, implement the exercise of its powers in a manner which utilizes and encourages the fullest and. most active varticivation and cooveration of rivate enterprise. (Ord. No. 10348, § 1(7),11-19-87, Code 1980, § 38-77) 4.. BAYFRONT PARK - ULTRA PARTNERSHIP Bayfront Park, which has long celebrated Ultra Music Festival's legacy and music heritage, is host to the event's award-winning production and relies on the event to fulfill Bayfront Park's statutory purpose of "maximiz]ing] community utilization and enjoyment." %I NET INCOME TO PARK FROM ULTRA During (Biro's halmy at Bad fmnt Park, BPMT has roreimd aver $6 million in nd income. YEAR NET INCOME TO PARK S1 300000 EVENT 2018 5742,734 TO PARK INCOME S975A00 INCOME 2017 5727,294 t& TWvW27FOMM $6,796 2016 5675,908 $650'000 8.89% fo15 5561,716 s325,000 3. America Adore 2014 $607,681 17. Wale for the Animals $4,787 0.44% 4. Mu" Clicquot Cameral S-0 6.15% 2013; S1,221,172 0.38% 2013 201, 2015 2016 2017 2018 $63,040 5.80% 19. Super SK Challenge $4,040 0.37% 6. American Ninja Warrior $53,175 4.89% 20. walk to End AkWmers 53,116 0.29% Source -RAYFRONTPARK MAN6GE&(tW RUST 9 3.87% 21. Crohn's 8 Colitis $2,788 Submitted into the public record for item(s) RE.3 on 06/27/2019 . City Clerk . PARK EVENT INCOME (Fiscal Year 2017-2018) BPMT has mmhrd $1,086.981 from special ewnft. EVENT NET INCOME % TOTAL NET EVENT NET INCOME %OF70ZkL W TO PARK INCOME TO PARK INCOME I. 1M.TRA FWWAL $742,734 68.33% t& TWvW27FOMM $6,796 034.. 2. Wodapah=a S96.679 8.89% 16. Moving Day Miami $5,768 0.53% 3. America Adore $62,839 7.62% 17. Wale for the Animals $4,787 0.44% 4. Mu" Clicquot Cameral 566,851 6.15% 16. Miami Heart walk $4,181 0.38% 5. Fiesta de la Calle $63,040 5.80% 19. Super SK Challenge $4,040 0.37% 6. American Ninja Warrior $53,175 4.89% 20. walk to End AkWmers 53,116 0.29% 7. Corporate Run $42,093 3.87% 21. Crohn's 8 Colitis $2,788 0.26% & ftq*-bn 538,345 3.53% 22. Angle Ball 57,592 0.15% 9. hon Man 531,735 2.92% 23. Herald Hunt $698 0.06% 10. Miami Marathon $27,505 2.53% 24. Full Moon Party $638 0.06% 11. Rad for the Cure $18,522 1.70% 25. Opera in the Park 5629 0.06% 12. M'auni WI Boat Show 510,314 0.95% 26. Boat Parade 5209 0.02% 13. Light the Night $6,635 0.61% 27. Budwilest $159 Oat*. 14. Best Buddies 16.1av 0.57% Swnx- BAYFRONT PARK MANAGEMENT TRUST 68% OF BAYFRONT PARK'S SPECIAL EVENT AND MARKETING NET INCOME IN 2018 DERIVED FROM ULTRA ULTRA 68% REMAINING SPECIAL EVENTS 32% PARK EVENT INCOME (Fiscal Year 2017-2018) / BPMT has rwceived $1,086,981 fxM special ewnb. New Years Eve Buskerfest Boat Parade Opera in the Park Full Moon Party Herald Hum Jingle Ball Crohn's & Colitis Walk to End Alzheimer's Super 5K Challenge I Miami Heart Walk I Walk for the Animals I Moving Day Miami I Tunnel 2 Towers I Best Buddies I Light the Night 1 Miami Int'I Boat Show I Race for the Cure ■ Miami Marathon ■ Ironman ■ Projection Corporate Run Ameriirn Ninja Warrior Fiesta de Is, Calle Veuve Giquot Camaval America Adore a Jesus Wodapalooza Ultra Music Festival (5400,000.00) $0.00 $400,000.10 $800,000.00 Furca - BAYFRONTPARK A1.1 %A.:e A.IF h'! — o Sec. 5}].-1la somkmgr tin Peds admissiom m eteata. (a) Applic"ty. Submitted into the public record for item(s) RE.3 on 06/27/2019 a City Clerk 1 TICKET SURCHARGE OVERVIEW 1% (0 To atrknn f1 tfm A Bdrt sarchurge sW be impamd against all laid admtsslmn to dtir n cd f4tlat, indudittg, wiffi al limitation, the Malin Stadium, Or Cmon t Ganz Expo Centrr, the Miami COddtatbn Grater, and the Bardmnt Park AmP4Nhrater, and m tour Inch gyrating at Mhonariw at !¢lysis. Sohl andmrgr aka0 additinraliv apply aim admioiem is darSW for earns Conducted in city Pgrin �tlNtiee timin, an4/or rmnrnanity avnters. tri,& Net 10M.. 41.5 -IM, Ni. No. 10M. 41.11-3-)q Cdr 1984 4 Sit: tM Nn 11W( 41, II.I& 6 od. Na. 11111.4 2 1-14-a: Ord. Na. 1244 S 4 9.11.4, Od. No.12715.4= 7 M -ft, O.d W. 13367, 4 z 111-13:"No. 13705. 4; to 2617) HISTORICAL SURCHARGE REVENUE !Baa how generated over 57.3 MOimt to swdiarge rrwma to Ba3fnwe Part between the period of 2013 and 7018 YEAR SURCHARGE REVENUE $600,000.00 2018 $308,638 $450,000.00 2017 $305,964 2016 $323,760 $300,000.00 2015 $253,390 $150,000.00 2014 $295,980 $- 2013' $534,318 2013 2014 2015 2016 20+17 2018 Source - BAYFRONT PARK MANAGEMENT TRUST 0— Submitted into the public record for item(s) RE3 on 06/27/2019 City Clerk . Best of the Best 4% Haitian Compas F.�.I 5% r AIN I• Live Nation t 21% i a Engine Shoo %6dapaloo 1% 3W Big Bus Priti Yoga 0% 49E Whb4AWE ORDINANCE Price of 66% OF BAYFRONT PARK'S SURCHARGE Admi6sion TICKET SURCHARGE ANALYSISn 51.00-$1499 REVENUE IN 2016 DERIVED FROM ULTRA 1615.00-1629." $1.00 530.00 - $99.00 SURCHARGE % TOTAL 599.01 and up OLD ORDINANCE CURRENT ORDINANCE $400,000 REVENUE SURCHARGE (May 19,1988) (October 26, 2017) REVENUE 5323,760 66.43% SURCHARGE ORDINANCE vriceo:AdmisHon Ticketsuche.ge PrkeofAdrr6s.ion Ticker5urchsrga Big Bus $2,2(13 0.45% 111.00-576.99 f0.75 51.00414.99 f0.75 Pew Yoga $75 0.02% $200,000 $15.00-$29.99 S1.0D 515.00-$29.99 $1.00 V"Valooza $13,803 2.83% S30.00 a,d up f2.D0 S30.aD-$99.99 $2.D0 (100.00-$249.99 f3.DD Engirm Shop $5,416 1.11% s25D.00-1499.99 $5.00 Live Nation $100,065 2(1.53% $100,000 $$00.00 - s999.99 sla.ao HaitianCompasFestival $24,719 5.07% I SLOW= &W up $12.00 , POTENTIAL SURCHARGE YIELD $300,000 5451,290 Best of the Sect $17,306 3.55% S-0 � "' � TOTAL $487,347 100% W% a+ckawsDR Sours -BAYFRONT PARK h1ANAGFMEM TRUSC PROPOSED SURCHARGE AMENDMENTn POTENTIAL YIELD OF s1,202,970 66% OF BAYFRONT PARK'S SURCHARGE REVENUE IN 2016 DERIVED FROM ULTRA Best of the Best 4% Haitian Compas F.�.I 5% r AIN I• Live Nation t 21% i a Engine Shoo %6dapaloo 1% 3W Big Bus Priti Yoga 0% 49E Whb4AWE ORDINANCE Price of Ticket Surcharge Admi6sion 51.00-$1499 $0.75 1615.00-1629." $1.00 530.00 - $99.00 $2.00 599.01 and up 6% .'. :*XK"EYIELD SlXZ970 (167%NXIIE eOVER2017ORDNANCEYRaa) 0 MARKET ANALYSIS COMPETITVE PRICING ULTRA MUSIC FESTIVAL ESayfrceit Pads, Miami f1 OF EVENT DAYS DAILY ATTENDANCE TOTAL ATTENDANCE VENUE SIZE NET INCOME TO PARK (2016) NET INCOME PER ACRE Submitted into the public record for item(s) RE.3 on 06/27/2019 . City Clerk \ QUALITY OF LIFE COMMUNITY RELATIONS LOLLAPALOOZA Grant Park, Ch cacao 3 4 In order to ease traffic congestion in the Downtown Miami, MetroRail and MetroMover 55,000 165,000 100,000 400 000 MIAMI- TRANSIT services are extended until 2:OOAM (normally 12:OOAM) so that attendees may commute to, and from, the festival easily and without impacting local roadaress, the cost of which is entirely underwritten by Ultra Music Festival. 24.4 Acres- 319 Acres $675,908 $5,900,000 U B E R As the Ultra Music Festival's official ride -sharing partner, Uber has been a crucial ally in encouraging festival -goers to carpool in an effort to decrease the traffic impact on $27,701 $18,495 Downtown Miami. ULTRA'S ANNUAL RESTORATION COSTS n tgn hor*m ow S/.3 adBloa ru m,i.m ilmfm u Pok bet*wn lAe period of 10/3 and30/7. Mrargrloto Deer 40Q000 sgvaePoor ofwdar Bvffrwe Poi awtmdly. YEAR PARK RESTORATION $340,000 2017 $337,683 $255,000 2016 $265,441 $170,000 2015 $243,840 t 2014 $214,440 $85,000 2013' $262,118 0 2013 2014 2015 2016 2017 —0 c QUALITY OF LIFE COMMUNITY RELATIONS Ultra Music Festival provides to residential stakeholders a host of assets intended to Improve quality of life and to alleviate some of the inconveniences associated with the production, including: • Off-duty police officers for residences during event days (2:OOPM to 2:OOAM); • Increased police presence and patrol; • Fencing around perimeter of residences; • Parking solutions (i.e., vehicle parking permits); • Portable bathrooms; and • Residential hotline and Information portal. 0— F ADDITIONAL MEASURES - LAW ENFORCEMENT% Full -lime, direct line ofoomrmmicallon between Utero } Chlef of &vw1ty and the Clty ofMlami Pollee and Fire Chid "Chief Martinez has built a record of distinguished service in law enforcement and we are honored to have his insight and leadership as part of the Ultra team ... " "For over 14 years we have worked hand-in-hand u4th the Bayfront Park Management Trust, City of Miami law enforcement and the downtown business community to provide a safe environment for our local and visiting forts, and our dedicated crew members who help to make Ultra a success. Under Chief Martinez's leadership our commitment will only be strengthened as we strive to provide the highest quality event at all levels." - RUSSELL FAIRISCH FaIINaEA ULTRA MUSK FESITVAI ADDITIONAL MEASURES - LAW ENFORCEMENT Full -dine, dime 11w ofeommwrfcation between Uha } Chiefgf&vwfty and the City of Miami Police and Fire Chiefs --9 "According to numbers released by Miami police [March 26, 2018], there were four arrests Friday, 13 on Saturday and 10 on Sunday for a total of 27. That is less than last year's total of 35, which itself was a 47.7 percent drop from 2016's 67 arrests." nevo 1. NSA I1b Submitted into the public record for item(s) RE.3 on 06/27/2019. City Clerk I BEAUTIFICATION U1hra covers an additional 64 square blocks outride of Bayfront Park In sanitation services. Although Ultra's footprint and perimeter is limited to the 24.4 acres offered by Bayfront Park of useable acreage, the sanitation efforts extend more than tenfold to approximately 300 acres as far north as 140i Street and as far west as Miami Avenue. This cost of $60,000 annually in beautification are in addition to Ultra's costs expended to minimize impact on Downtown Miami stakeholders, in the form of housekeeping, portable toilets, fencing and additional off-duty police officers. ADDITIONAL MEASURES - FENCING Race !rock fan hug (apPxulmately Whlgh) armid /he perimeter of the festival "We were able to partner with Formula E racing and utilize their racetrack, which — encompasses the perimeter of our event here. That's really a made huge difference in the security of Hie perimeter." - RAY MARTINEZ CHIEF OF SECURITY, ULTRA MUSIC FESTIVAL MIAMI HERALD, SEPTEMBER Z 2014 i r a - Submitted into the public record for item(s) RE.3 on . 06/27/2019 , City Clerk . ADDITIONAL MEASURES - 18+ CONTRACT PROPOSAL In 2015, Ultra Music Festival modified its long-standing policy of allowing all ages to enter the festival and implemented a minimum a requirement of 18. Theirplementation of the age restriction caused a decrease in n,923 VQ a ticket sales b 11%. Today, Ultra Music Festival, alongwith all international Ultra -branded events, maintains a v minimum age for entry of 18.1 THE SAFETY AMD SEEURITY OF WR ATTENDEES. ARTISTIMFORMENf ` NO PERSONNEL ARE WR UTMOST PRIORITY AND CONCERN. ]lu Numw • nn m FnRr RMFrnwA TA F7%rEP glen l� R h ••. EVENTiin wex....Mim..uu w•a nFra wM foharm i Ort w hoorChosen/o ww.FmnurAFlAEns adapt RLeerat Nero aeaMtm during nvf yerr'r fEFtiaFl m ensure one eperlf is rafe and wnme. The find step to prancing* sienna, .'.0.ltnai Ulf. is famous for is to be prowiilr in aamtting Ble Ti r,oU%L- 'LHlile to sincerely ochre the incredible c ag,ung suMni frnn our yamaa ff F61 9G I a -73116 /fres, w uliimaldy Irliew final Ulf. Mush FectiM is a premium eudd .1 TOTALCOMBINED F£F773 Year 1 -$767.030.0002% Auxesis) Year i -62,000,000 gared l—rds aiuite This decision hos been made to rrinfo and pronuNr Bu safely t f nil WIFE ALI.uc Fafital fans and to r ire the overall rnjoyrrrnf a0 /uiurc attenders. Wr are ntmnrly gatefu/ fi a0 Bre ..uppmi err has reari rd from an younger fan hose 0 date, and err e—rvge Ihnn to attend the fMiml once they rash tluoppnywiofrage.' ULTRA Musk FEs7IVAL u,W.wr a,NNIM:wa ADDITIONAL MEASURES WELLNESS AND SOCIAL RESPONSIBILITY .%Aar IRar abase mwwces and outreach available at the festiml, 13 Ba fist Health Since 2014, Ultra Music Festival and Baptist Health South Florida have P created a partnership centered upon disseminating health and wellness South Florida information and resources to attendees. Baptist Health clinicians and other wellness professionals are on-site at the event to provide expertise wherever needed. Baptist Health South Florida operates health care facilities in South Florida, U.S.A. and is a leader in efficiently and effectively providing high quality health care services in the communities it serves, while also engaging in medical education and clinical and academic research. Ultra and Baptist Health work in collaboration to help reduce drug abuse and promoto-oMall wellness, particularly among the local South Florida young adult population in order to further promote and enhance their missions, through various means, methods and joint initiatives including through onsite education and counseling at the festival. Year 2.6707.030.001x% Nnareaae) Yew 3.6820,610.9013% I orV ) Yew 1- i61b,5�.13 (3%YIGaMe) Yew 6.6670,936.20 (3% IncraRant) Yew 6.6697.064.29(3% in"Em e) Yew 7 - 6923,076.2213% Ynarasw) Yaw 9.6961.606.60 (s% MCreeea) Yew 9.6680,44637(3% incraaw) Year 10.61,009,663.76(3% RIOraRi) 6U0171 iE.2!"! PER DAY) 61,282,070 ROPUAlArm TM a* Ia1tWW nNi tNrpa mule kd W at Bayfront AWL Yew 2 - 62,000,000 Yew 3 -62,023.610.00 Yew 1.32,016,636.13 Year 6.62.073.606.20 6 YEAR TOTAL 610,116,366.23 Year 8 -62,10003429 Yew 7.62.126,946.22 Year 8-92,154066.30 Yaw 9.62,163216.37 Yaw 10 - 62,212,623.76 10 YEAR TOTAL• 6200x1.342.37 Submitted into the public record for item(s) RE.3 on 06/27/2019 . City Clerk C'("CY OF 111A�1`11, FLORIDA INTER -OFFICE MEMORANDUM TO: Emilio T Gonzalez DATE: July 17, 2018 City Manager SUBJECT: Approval of finding to waive competitive sealed bidding methods for the presentation of the Ultra Musi Festival at Bayfront Park FROM: Jose Gell REFERENCES: Interim Executive Director Bayfront Park Management Trust ENCLOSURES: At the July 26, 2018, the Miami City Commission is being asked to consider approving a mutli-year Use r Agreement between the Bayfront Park Management Trust (BPMT) and Event Entertainment Group, Inc. for the presentation of the Ultra Music Festival at Bayfront Park beginning in March 2019. 3 �a The BPMT respectfully requests your approval and action of the Miami City Commission by a 4/5ths affirmative vote, after an advertised public hearing ratifying, approving, andcoinfir ming the City Manager's (and the muw L Bayfront Park Management Trust's Executive Director) recommendation, and finding that competitive bidding/ negotiation methods are not practicable or advantageous to the City of Miami ("City"), pursuant to Section 18- 85(a) of the Code of the City of Miami; waiving the requirements for said procedures; authorizing the City :2 Manager to enter into a Use Agreement, in substantially the attached form, with the BP""T and Eventco 00 Entertainment Group, Inc., a Florida for profit corporation, subject to City Commission approval. v The Ultra Music Festival (Ultra) has been at a BPMT facility since March 2001, and in March 2018, the BPMT hosted the 201h anniversary edition of the music festival. Ultra is a local, home-grown success story generating x substantial funds for Bayfront Park and the Miami business community through hotel room bookings, airline LU travel, restaurants, car services, cleaning services, other personal services, and City of Miami police and fire v services, just to name a few. It is a well-established, unique entertainment event that focuses worldwide r c attention on Miami. W E L V For reasons stated above, as required by Section 18-85(a) of the Code of the City of Miami, the BPMT respectfully finds that competitive sealed bidding /negotia on methods are not practicable or advantageous to a the City or the BPMT for the aforementioned Ultra Musi Festival . If these recommend'EmilioT. findings meet with y r approval, please indicate by executing below. If you cor with these findings pnt tliis w itten findi to the City Commission for the required 4/51h vote approval Approved: Dat 1 �' � " Gonzale, ,City N1a er cc: Fernando Casamayor, Chief Financial Officer/Assistant City Manager Joe Napoli, Deputy City Manage, 18-1405 CITY OF MIAMI, FLORIDA NOTICE OF PUBLIC HEARING Submitted into the public record for item(s) RE.3 on 06/27/2019 , City Clerk . A public hearing will be held by the City Commission of the City of Miami, Florida on Thursday, July 26, 2018 at 9:00 A.M. at City Hall, located at 3500 Pan American Drive, Miami, Florida 33133 for the purpose of granting the following: A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI (OR TO ITS LIMITED AGENCY AND INSTRUMENTALITY BAYFRONT PARK MANAGEMENT TRUST) TO ENTER INTO A BAYFRONT PARK USE AGREEMENT WITH EVENT ENTERTAINMENT GROUP, INC. ("USER") FOR THE PRESENTATION OF AN ANNUAL ULTRA MUSIC FESTIVAL FOR AN INITIAL PERIOD FROM 2019 TO 2023, WITH ONE (1) OPTION TO RENEW FOR (5) YEARS FOR A POTENTIAL FINAL TERM OF 2028, ON THE TERMS AND CONDITIONS INCLUSIVE OF THE GUARANTEED MINIMUM PAYMENTS SET FORTH IN THE USE AGREEMENT; FURTHER AUTHORIZING THE BAYFRONT PARK EXECUTIVE DIRECTOR/CITY MANAGER, AS APPLICABLE, TO EXECUTE THE BAYFRONT PARK USE AGREEMENT WITH THE USER FOR THE ULTRA MUSIC FESTIVAL, IN SUBSTANTIALLY THE ATTACHED FORM, AND THE ONE OPTION TO RENEW PROVIDED THEREIN, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE BAYFRONT PARK MANAGEMENT TRUST. The Miami City Commission requests all interested parties be present or represented at the meeting and may be heard with respect to any proposition before the City Commission in which the City Commission may take action. Should any person desire to appeal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in this proceeding may contact the Office of the City Clerk at (305) 250-5361 (Voice) no later than five (5) business days prior to the proceeding. TTY users may call via 711 (Florida Relay Service) no later than five (5) business days prior to the proceeding. (City Seal) Todd B. Hannon #31303 City Clerk BPMT RLA TERMS SUMMARY 1. Revocation : ' Efther party may revoke at least 305 days prior to the'next scheduled Event 2. City Revocation Fee 2021:$4,000,000 Fee due to EEG if City revokes RLA 2022: $4,000,000 2023:$4,000,000 2024:$4,000,000 :3 Use Fee ;�' '52;000,000 all-lncluslve fee peri — 4. Use Fee Due Date Due 2 days prior to the Event iriduded rn the Use Fee $250,000 due upon load -in of tl Ur addltiori to the lfse`Fee; flee Tlcket Surcharge 6. Security Deposit 7 flddiYiondl=iltarges' Zemoval, solid waste etc.) The City will credit $1,000,000 Gpmplimantary tickets "can be 1 30 Days (total park closure for #Jae included as part of the Pe; Any weekend in March that h¢ Nl(rt(mum 55;000 -• • 8. City Services 9, Complimentary Ticket Allowance 10. Use Period 11 Bayfront ParkAmphitheater 12. Event Dates 1$ . CafSacity. •, 14. Operating Hours Friday 4:OOPM—12:OOAM Saturday 12:OOPM—12:OOAM Sunday 12:OOPM—11:OOPM 1¢ ', Svund Level ;. t10 db measured 60eet away lrorridteataga`.: • '• " "• ' 16. Sound Checks T/W/R: 5:OOPM—9:OOPM I F: 3:OOPM—4:OOPM 110 db measured 60 feet away from the stage 17 Light Checks TMI: 5 OOPM — :12•00AM TIF15/S. no time limitation " ' .Lights to end at 11 OOPM on Sunday 18. Beverages EEG cannot sell beverages in glass or polysterene foam containers Alcohol sales end 60 minutes prior to gates closing lit Restoration 4icensee shall not be responsible fvrpn3-�iisttng damage and Llcenseeshall;pay for property damage caused by Licensee during the use period,: but such damages shall exclude mulch removal and sod installation.which shall be eddressed sepalately Regarding sod installation, Licensee shall have option to elect to either (i) pay the Citythe cost bf re installing datnaga8 sod based on square footage, Or 00 undertake to directly in MI the damaged sod Regarding mulch removal; licensee shall hive option to either elect to (1) pay the City the costs and. expenses of mulch .removal basedon square footage;_:or (ii) undertake to dkedly remove mulch Submitted into the public record for item(s) RE.3 on 06/27/2019. City Clerk 5/31/1912:38 PM Submitted into the public record for item(s) RE -3 on 06/27/2019 City Clerk From: Mendez, Victoria [mailto:VMendezCa)miamigov.com] Sent: Friday, June 22, 2018 7:56 PM To: Dooley, Rachel S. Cc: Greco, John A.; Min, Barnaby; Green, Christopher Subject: Re: Formula 1 Ok. Yeah. 4/5. Lol Victoria M6ndez, City Attorney Board Certified, City, County and Local Government City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 victoriamendez@miamigov.com Assistant: Marta Gomez (305) 416-1844 On Jun 22, 2018, at 5:32 PM, Dooley, Rachel S. <RSDooley@miamigov.com> wrote: License versus lease. From: Mendez, Victoria Sent: Friday, June 22, 2018 5:16 PM To: Greco, John A. <iagreco@miamigov.com> Cc: Min, Barnaby <bmin@miamigov.com>; Dooley, Rachel S. <RSDoolev@miamigov.com>; Green, Christopher <CAgreen@miamigov.com> Subject: Re: Formula 1 Remind me about HS case. 4/5 Procurement issue? Victoria Mendez, City Attorney Board Certified, City, County and Local Government City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 victoriamendez@miamigov.com Assistant: Marta Gomez (305) 416-1844 Submitted into the public record for item(s) RE.3 on 06/27/2019 City Clerk On Jun 22, 2018, at 4:39 PM, Greco, John A. <iagreco@miamigov.com> wrote: Just FYI- we just had a conference call with the Bilzin attorney regarding the proposed host city agreement and park use agreement. We sent her a copy of Homestead -Miami Speedway LLC v. City of Miami, 828 So.2d 411 (Fla. 3d DCA 2002) and discussed the case with her. I am just giving you a head's up. John A. Greco, Deputy City Attorney Board Certified, Appellate Practice City of Miami Office of the City <image002.jpg> Attorney Telephone: 305-416-1850 Facsimile: 305-416-1801 iagreco@ miamigov.com Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. 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