Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
2006-19 Approving a Beach Management Plan (Grand Club Partners)
RESOLUTION NO. 2006-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A BEACH MANAGEMENT PLAN FOR ACTIVITIES WITHIN THE GOVERNMENT USE DISTRICT; PROVIDING FOR CONDITIONS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to Section 30-102 of the Code of Key Biscayne, Florida, recreational activities are permitted within the Government Use District upon approval of a Beach Management Plan by the Village Council; and WHEREAS, the applicant, Grand Club Partners, located at 425 Grand Bay Drive North, Key Biscayne, Florida has submitted a Beach Management Plan proposing the use and operation of recreational activities within the Government Use District for approval by Village Council; and WHEREAS, a public hearing of the Village Council was advertised and held, as required by law, and all interested parties were given an opportunity to be heard; and WHEREAS, the Village Council having considered the evidence presented, finds that the proposed activities comply with the requirements of the applicable codes and ordinances and do not constitute a threat to public safety or welfare, or constitute a danger or impediment to the public beach area to the extent the application is granted herein. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Approval of Beach Management Plan. In accordance with Section 30-102 of the Village Code, the Village Council hereby authorizes and approves the Beach Management Plan, attached and incorporated herein. Section 3. Conditions. The Beach Management Plan as approved, is subject to the following conditions: (1) During storage all lounges and chairs shall be stacked and chained together at a height not to exceed 4 feet. (2) Non -motorized or motorized vessels shall not be used for the purpose of transporting passengers to or from the beach for the off -island use of motorized vessels. (3) Except for the authorized emergency rescue vessel, the use of motorized vessels is absolutely prohibited. (4) The emergency rescue vessel shall be used solely for emergency rescue purposes and shall not be used to transport passengers or equipment to and from the beach for the purpose of assisting any non -motorized vessel/water equipment rental operation(s). (5) The emergency rescue vessel shall have a four stroke engine or the best available technology, be equipped with an operational marine radio or wireless phone, and shall satisfy all U.S. Coast Guard safety requirements. (6) During permitted hours of operation the emergency rescue vessel shall be moored in the water or located at a site approved by the Village Public Works Director. (7) None of the permitted activities, including the storage of any equipment and the placement of chairs and umbrellas, shall be maintained or conducted within fifteen (15) feet of the waterline. The fifteen (15) foot access pathway shall be clear at all times for emergency access and Village patrol. 2 (8) Failure to comply with the provisions of the Beach Management Plan as approved, or the conditions of this Resolution shall result in automatic revocation of Beach Management Plan approval. Section 4. Implementation. That the Village Manager is hereby authorized to take any action which is necessary to implement this Resolution. Section 5. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 23rd day of May, 2006. 4/19tezt,at MAYOR ROBERT OLDAKOWSKI CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE VILLAGE ATTORNEY F:\100\ 103001\Resolutions\Resolution Approving Beach Management Plan - Ritz.doc 3 VILLAGE OF KEY BISCAYNE Office of the Village Manager Village Council Robert Oldakowski, Mayor Robert L. Vernon, Vice Mayor Enrique Garcia Steve Liedman Jorge E. Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R. Menendez DATE: May 16, 2006 TO: H • n • able yo members of the Village Council % , ! FROM: J s- :e;l e e , Village Manager RE: : each Management Plan — The Grand Bay Club, Key Biscayne RECOMMENDATION It is recommended that the Village Council approve the Beach Management Plan, submitted by The Grand Bay Club, with the following conditions: 1. Non -motorized vehicles and water equipment operation • As specified under section 30-102 of the Village code, subsection (e)(2), the use of motorized vessels is absolutely prohibited, except for an authorized rescue vessel approved under subsection (g)(9). The use of any other motorized watercraft is not allowed. • The use of this one motorized rescue vessel should not be used to assist the non -motorized vehicle and water equipment operation, in regards to transporting people or towing equipment to and from the beach. • As specified under section 30-102 of the Village code, subsection (g)(9), this one vessel shall have a four stroke engine or best available technology, be equipped with an operational marine radio or wireless phone, and shall satisfy all U.S. Coast Guard safety requirements. 2. Clear passage for emergency access and patrolling purposes • As specified under section 30-102 of the Village code, subsection (g)(6), none of the permitted activities, including the storage of any equipment shall be maintained or conducted within 15 (fifteen) feet of the waterline. This applies to the placement of chairs and umbrellas as well. • The Village needs this 15 (fifteen) feet pathway clear at all times for emergency access and for patrolling the beach. BACKGROUND Ordinance 2005-5 amended the Zoning and Land Development Regulations contained in Chapter 30 of the Village code, for the purpose of protecting the public beach areas and the public's right of access to the public beach areas within the jurisdictional limits of the Village. The Village reevaluated the zoning regulations applicable to the Government Use District of the Village Zoning. The first reading was passed and adopted on April 26th, 2005 and the second reading was passed and adopted on May 24th, 2005. cc: David M. Wolpin, Esq., Village Attorney 88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936 MISSION STATEMENT 'TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT " www. keybiscaynefl.gov Department of Public Works 88 West McIntyre St., Suite 230 • Key Biscayne, FL 33149 • Phone (305) 365-8945 • Fax (305) 365-7757 BEACH MANAGEMENT PLAN - PERMIT APPLICATION Permit Number BMP-02 Name of Property Street Address of Property Legal Description: Lot(s) Name of Applicant Address Phone No. Name of Property Owner (if Different from Applicant) Address Phone No. Proposed Hours of Operation Proposed Area of Operations Proposed Storage Area Location Contents Grand Bay Club 425 Grand Bay Drive North Grand Club Partners 425 Grand Bay Drive North, Key Biscayne, FL 33149 305-361-2900 Same Same Same Sunset to Sundown Beach Front — in front of dunes Chaise Lounges, umbrellas, non -motorized vessels, inflatables, one rescue personal watercraft If Applicable, Proposed Storage, Hours of Use, and Method of Fueling for N/A All Terrain Vehicle Village of Key Biscayne Beach Management Plan — Permit Application Page 2 If Applicable, Number and Type of Proposed Non -Motorized Vessels 20 Non -Motorized Vessels All applications must be accompanied by: • A detailed and dimensioned site plan depicting the type and location of all proposed activity(ies), structures, garbage containers, storage areas, and where the use of Vessels is proposed, the location of the proposed channel (subject to Council approval) • Indemnity and Insurance form (with Village as additional insured) in a form and amount approved by Village Attorney o See attached form • Proof of ownership of adjacent upland property or written authorization from upland property owner • Proposed safety & emergency plan (including storm management/preparation) o The set plan must be fully implemented upon issuance of a "hurricane warning" by Miami -Dade County • Application fee plus the annual inspection fee for the approved activity as established by resolution pursuant to Section 30-4 of the Village Code • Any additional information as reasonably required by the Village Manager 1 / The use of motorized vessels is prohibited except for one (1) personal watercraft as defined in Section 327.02, F.S., maintained in good working condition and available for emergency rescue purposes only in accordance with Section 30-102(g)(9) of the Village Code. COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the "Village") in accordance with Section 30-102(f) of the Village Code of Ordinances, Grand Club Partners (the "Applicant") hereby covenants and agrees as follows: 1. Applicant shall defend, indemnify, and hold harmless the Village, its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with (1) Applicant's establishment, use, and/or operation of certain recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, (2) Village approval of Applicant's Beach Management Plan, or (3) Applicant's breach of this Covenant of Indemnification and Insurance (the "Covenant"). This Covenant shall survive the termination or expiration of the Beach Management Plan approval. 2. Throughout Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in the approved Beach Management Plan, Applicant shall maintain the following: A. Commercial general liability insurance for bodily injury, death, or property damage occasioned by any act or occurrence arising out of or in connection with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, with minimum liability limits of $1,000,000.00 for bodily injury or death of any one person and $2,000,000.00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1,000,000.00 for damage to property resulting from any one incident. This shall include coverage for premises/operations, products/completed operations, contractual liability, and independent contractors. This policy shall include coverage for contractual liability specifically covering the indemnity set forth in this Covenant. The Village shall be named as an additional insured on this policy. B. Automobile liability in the amount of $1,000,000.00 per occurrence combined single limit for bodily injury and property damage, covering all vehicles owned, leased, rented or otherwise hired or used by Applicant in association with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan. The Village shall be named as an additional insured on this policy. C. Workers compensation and employer's liability, as required by Florida Statutes. 3. Simultaneously with its delivery of the executed Covenant, Applicant shall deliver to the Village Manager certificates of insurance indicating that the above referenced insurance coverage has been obtained consistent with the terms of this Covenant. 4. Applicant agrees that in the event of any litigation arising out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, at both the trial and appellate level. 5. Applicant represents that Applicant has the full right, title and authority to enter into this Covenant and to make the provisions hereof binding and in full force and effect. IN WITNESS WHEREOF, the Applicant has executed this Covenant of Indemnification & Insurance on the ©9' day of 0C,ra , 2006. APPLICANT: �-�� : G�. WITNESS: By: f' ;Zi)2; C,t., CcC,2 O' %�iq►?iQ Xe3ca/70 Title: ? Accepted by the Village of Key Biscayne, Florida this day of 2006. LLAGE MANAG ATTEST: LLAGE CLERK APPROVED AS TO FORM AND LEGAL ' FICIENCY: VILLAG A O ' EY F:\ 103001\Agreements\Covenant of Indemnification doc April 3'd, 2006 Village of Key Biscayne Ms.. Mad aria Dominguez: -H ardic Assistant to the Director Wint McIntyre Strc!et Key Biscayne, FL 3147 Re: Beach Management Plan - Site plan for the placement and storage of Grand liay (1u1,'s .}uiprertt Dear Ms. L)ominpuez.H ie: Below please tirtd a detailed description of the setup and storage location of all equipment used by the Grand Bay Club on the public beach area. • 1. personal motorized rescue watercraft is parked behind the erosion line within the Grand Bay Club property at all tires. ▪ LP to ZO non-naotnri d vesst1k stortl %Within 5 feet of the erosion line (storage area marked in orange on the attached map). ■ 100 lounge thairs and 30 umbrellas art -set up for our member* f .irn cAnri ;. any sunset on the public beach area (marked with yellow (m the attached satellite site map). After sunset the lounge chairs are stacked ked up within 5 feet of the erosion line (within the area rmarkei with orange on the map attached) while the beach umbrella are stored on. Grind Bay `tub's property. Please don't hesitate to contact me either by phone rye at (305) 3 f 5-4&t)t5 or via email at grandbayOell .ract if you rec d further aa. iNt3trice ire this matter. Sineer )1-Ours, opiderr 'Monika Lcscano Director of, CLIvittes Encl. COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the "Village") in accordance with Section 30-102(0 of the Village Code of Ordinances, Grand Club Partners (the "Applicant") hereby covenants and agrees as follows: 1. Applicant shall defend, indemnify, and hold harmless the Village, its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with (1) Applicant's establishment, use, and/or operation of certain recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, (2) Village approval of Applicant's Beach Management Plan, or (3) Applicant's breach of this Covenant of Indemnification and Insurance (the "Covenant"). This Covenant shall survive the termination or expiration of the Beach Management Plan approval. 2. Throughout Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in the approved Beach Management Plan, Applicant shall maintain the following: A. Commercial general liability insurance for bodily injury, death, or property damage occasioned by any act or occurrence arising out of or in connection with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, with minimum liability limits of $1,000,000.00 for bodily injury or death of any one person and $2,000,000.00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1,000,000.00 for damage to property resulting from any one incident. This shall include coverage for premises/operations, products/completed operations, contractual liability, and independent contractors. This policy shall include coverage for contractual liability specifically covering the indemnity set forth in this Covenant. The Village shall be named as an additional insured on this policy. B. Automobile liability in the amount of $1,000,000.00 per occurrence combined single limit for bodily injury and property damage, covering all vehicles owned, leased, rented or otherwise hired or used by Applicant in association with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan. The Village shall be named as an additional insured on this policy. C. Workers compensation and employer's liability, as required by Florida Statutes. 3. Simultaneously with its delivery of the executed Covenant, Applicant shall deliver to the Village Manager certificates of insurance indicating that the above referenced insurance coverage has been obtained consistent with the terms of this Covenant. 4. Applicant agrees that in the event of any litigation arising out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, at both the trial and appellate level. 5. Applicant represents that Applicant has the full right, title and authority to enter into this Covenant and to make the provisions hereof binding and in full force and effect. IN WITNESS WHEREOF, the Applicant has executed this Covenant of Indemnification & Insurance on the ©q/ day of /Zcira , 2006. APPLICANT: GVC,Yd CU° (-S ` ri3 i�l� Jar .lam' TAY_ 11")01 WITNESS: By: c 227;fa Cce./? O / / is /coca"/20 Title: Ty, ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/09/06 PRODUCER Arthur J. Arthur J. 8200 N.W. Suite 200 Miami, FL 33166 1-305-592-6080 Gallagher Risk Management Services Gallagher & Co. (Florida) 41st Street THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Grand Bay Club 425 Grand Bay Drive Key Biscayne, FL 33149 INSURER A: American Guarantee & Liability Ins. Co INSURER B:Bridgefield Emplye rs Ins. Co. INSURERC:Lexington Ins Co 19437 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE IY DATEIMM/DDY) POLICY EXPIRATION DATE (MMJPD/YY] LIMITS C GENERALUABILITY COMMERCIAL GENERAL LIABILITY 2897738 02/01/06 02/01/07 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurence) $ 50,000 CLAIMS MADE X OCCUR MED EXP (Anyone person) $ Excluded X $5,000 Ded. Each Claim PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS -COMP/OPAGG $2,000,000 POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY AUC3748620-04 02/01/06 02/01/07 EACH OCCURRENCE $ 25, 000, 000 X OCCUR CLAIMS MADE AGGREGATE $ 25, 000, 000 DEDUCTIBLE RETENTION $ $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE INCL OFFICER/MEMBER EXCLUDED? EXCL If yes, describe under SPECIAL PROVISIONS below 830-33454 01/31/06 01/31/07 X WCSTATU- OTH- TORY LIMITS ER E.L. EACHACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS i Village of Key Biscayne is additional insured solely as respect to general liabilty. CERTIFICATE HOLDER CANCELLATION Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 USA SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE `\ V �? ACORD 25 (2001/08) VIRGOM 4055082 Powered ByCertfficatesNowTM ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 03/09/06 NAME OF INSURED: Grand Bay Club Additional Description of Operations/Remarks from Page 1: Additional Information: A)General Liability Liquor Liability:$1,000,000 each common occurrence, $1,000,000 aggregate Hired/Non-Owned Auto:$1,000,000 Employee Benefits Liability:$1,000,000 Each Occurrence, $1,000,000 Aggregate @ $1,000 Deductible SUPP (05/04) " T h i s i n s t r u m e n t p r e p a r e d b y N a m e . A d d r e s s J u l i e M . S c h w a r t z , E s q . G r e e n b e r g , T r a u n g , l l o ( t m a n , U p o n '