Case No. APP-94-097STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
►+O
OCEANSIDE ISLE GENERAL PARTNERSHIP,
Owner; UPPER KEYS MARINE
CONSTRUCTION, INC., General
Contractor; and MONROE COUNTY,
a political subdivision of the
State of Florida,
Respondents.
CASE NO. APP-94-097
SETTLEMENT AGREEMENT
This Agreement is entered into between OCEANSIDE ISLE
PARTNERSHIP (herein "Owner"); UPPER KEYS MARINE CONSTRUCTION,
(herein "General Contractor"); the FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS (herein "DCA" or "the Department"); and MONROE COUNTY,
FLORIDA.
WHEREAS, Oceanside Isle General Partnership is the owner of
real property known as Section 27, Township 64, Range 35, Long Key
Bight, in unincorporated Monroe County, Florida (herein "the
subject property"); and
WHEREAS, Upper Keys Marine Construction, Inc., is the General
Contractor for the proposed development on the subject property;
and
WHEREAS, on August 25, 1994, Monroe County issued to the Owner
and General Contractor a building permit, numbered 942-0690, for
development on the subject property of a multi -slip docking
facility within a dredged basin on the Atlantic Ocean; and
WHEREAS, the building permit is a "development order" as
defined in Section 380.031(3), Florida Statutes; and
WHEREAS, the development order was rendered to the Department
on August 26, 1994, and was timely appealed to the Florida Land and
Water Adjudicatory Commission pursuant to Section 380.07, Florida
Statutes; and
WHEREAS, most of Monroe County, including the subject
property, is located within the Florida Keys Area of Critical State
Concern, as designated under Sections 380.05 and 380.0552, Florida
Statutes; and
WHEREAS, DCA is the state land planning agency with the duty
and responsibility of administering and enforcing the provisions of
Chapter 380, Florida Statutes, The Florida Environmental Land and
Water Management Act of 1972 ("The Act"), and the rules and
regulations promulgated thereunder, which include the Monroe County
land development regulations; and
WHEREAS, pursuant to Section 380.032(3), Florida Statutes, DCA
is authorized to enter into agreements with any landowner,
developer, or governmental agency as may be necessary to effectuate
the provisions and purposes of The Act or any rules promulgated
thereunder; and
WHEREAS, the parties wish to avoid the expense and delay of
lengthy litigation and resolve the pending appeal of building
permit, numbered 942-0690, under the terms and conditions set forth
herein, and it is in their best interests to do so; and
2
WHEREAS, Monroe County joins in this settlement agreement for
the purpose of implementing and enforcing same.
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings herein, and in consideration of the benefits to accrue
to the parties to this agreement, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. Recitals. All recitals contained above are incorporated
herein and are essential elements hereof.
2. Other Permit Approvals. The subject property shall be
developed with a multi -slip docking facility, in accordance with
the conditions of the United States Army Corps of Engineers
("ACOE") permit, numbered 199302053 (IP-DG), which was issued to
the Owner on June 6, 1994 (Exhibit "A"). In addition, the
installation of the channel markers, required by the ACOE permit
referenced above, shall be in accordance with the authorization
issued by the United States Coast Guard, dated February 16, 1995
(Exhibit "B"), and in accordance with the permit numbered 94-197
issued by the Florida Marine Patrol on March 13, 1995 (Exhibit
"C").
DCA acknowledges that the Florida Department of Environmental
Protection has declared that the channel markers and the depth
control sill, as required by the ACOE permit, are exempt from the
need for authorizations or permits concerning wetland resources or
submerged lands.
3. Dismissal of Appeal. Within five (5) working days after
this Agreement has been signed by the Owner, General Contractor,
3
Monroe County, and DCA, DCA shall file a notice of voluntary
dismissal of this appeal and seek a final order from the Florida
Land and Water Adjudicatory Commission concluding this appeal
proceeding. By their signatures hereon, the Owner, General
Contractor, and Monroe County join in any request for entry of a
final order consistent with this Agreement.
4. Caveat. The parties acknowledge their disagreement over
whether the subject building permit is consistent with the Monroe
County land development regulations and have entered into this
Agreement solely in the spirit of compromise. This Agreement shall
not be deemed to constitute a waiver of any party's position with
regard to the proper interpretation of the Monroe County Code, and
shall not be given precedential effect with regard to any other
permit issued by Monroe County.
5. Scope of Authority. This Agreement affects the rights
and obligations of the parties under Chapter 380, Florida Statutes.
It is not intended to influence or determine the authority or
decisions of any other state or local government or agency in
issuance of any other permits or approvals that might be required
by state law or local ordinance for any development authorized by
this Agreement.
6. Duplicate Originals. This Agreement may be executed in
any number of originals, all of which evidence one agreement, and
only one of which need be produced for any purpose.
7. Binding Effect. Recordation of Agreement. This
Agreement is intended to and shall create a covenant running with
4
the land, and shall be binding on the parties, their successors and
assigns. Within ten (10) days after entry of a final order by the
Florida Land and Water Adjudicatory Commission concluding this
appeal, the General Contractor shall record this Agreement in the
Public Records of Monroe County, Florida, and shall promptly
provide proof of recordation to Monroe County and DCA, including
the official records book and page where this Agreement is
recorded.
8. Release; Costs and Attorney's Fees. The parties hereto
release each other party from any and all claims of whatever nature
which arise or may arise out of the issuance or appeal of the
permits identified in this Agreement. Each party shall bear its
own costs and attorney's fees incurred in this proceeding.
9. Entirety of Agreement/Amendment. This Agreement
constitutes the entire agreement of the parties. This Agreement
may be modified or amended only by a separate writing entered into
between the parties hereto and recorded in the public records of
Monroe County as provided in paragraph 7 above.
10. Enforcement. This Agreement may be enforced by any
party as provided in Chapter 380, Florida Statutes, or as otherwise
allowed by law.
5
IN WITNESS WHEREOF, the parties have executed this Agreement
on the dates and year below written.
'�(-Z9-yS
Date
STATE OF FLORIDA
COUNTY OF �22Z 6-?U66-1- ,
lc c)
OCEANSIDE ISLE GENERAL PARTNERSHIP,
Owner
The �pregoing instrument was acknowledged before me this,Q
day of tri I Q& , 1995, by OCEANSIDE ISLE GENERAL
PARTNERSHIP,Lwho is personally known to me or who has produced _
as identi-fica`'iori, and who did (did n ) take
an oath.
MARIE BRTSP,, rc
NOTARY PUBLIC STA17 Or7
EEEE COMMISSION NO C' ,
Notary Public
cnftcic- b �&4C6
Name (typed, printed or stamped)
Commission Number
My Commission Expires:
C.
Date
STATE OF FLORIDA
COUNTY OF
VOER KEYS MARINE CONSTRUCTION, INC.,
General Contractor
The
oregoing instrument
was acknowledged before
me this /�f
day of
1 1995, by UPPER
KEYS MARINE
CONSTRUI&I
N, who is
INC.xcln'zrul-k
personally known to me
or who has
produced /Uit
11)
as identification,
and who did
(did not)
take an oath.
NotAry Public
-7- 7-
/7 1,,912
Name (typed, printed or stamped)
Commission Number
My Commission Expires:
lo-�g'95
Date
TO FORM
ff
COUNTY OF MONROE,
MONROE COUNTY, a political
subdivision of the State of Florida
By
SHIRLEY FR , Mayor
(SEAL)
Attest: Danny L. Kolhage, Clerk
By Lb". L c . QPJAv
Deputy Clerk
The foregoing instrument was acknowledged before me
day of , 1995, by SHIRLEY FREE
of Monroe County, who is personally known to me or a
as identification, and did
take an oath.
Notary Public
as Mayor
s produced
(did not)
Name (typed, printed or stamped)
Commission Number
8
f - 1.5- Cis
Date
STATE OF FLORIDA
COUNTY OF LEON
DEPARTMENT OF COMMUNITY AFFAIRS,
An Agency of the State of Florida
t�
By
CHARLES PATTISON, Director
Division of Resource Planning
and Management
/.s��-
This 'nstrument was acknowledged before me this / day of
D Y 1P2 , 1995, by CHARLES PATTISON as Director of Division
o Resource Planning and Management of the Department of Community
Affairs, who is personally known to me and who did (did not) take
an oath.
h/
Notary Public
Grad/S-e' V 1 Aq A /
Name (typed, printed or/stamped)
Commission Number
My Commission Expires:
12,
•sue`
.mow • fa?',';,
2 #CC 3CS6VW
9
OCT 17 '94 11:3BAM ANCHOR ELECTRIC
DEPARTMENT OF THE ARMY .
JACOONVILLE DISTRICT CORPS OF IMMOS ERS
P. 0. BOl( 49T0
OJACKSONWIP, PLOR�A - - 11 m n 019
RiKr To
Regu l a"r-00T"y°`D i v i s 10n T
Enforcement Branch bg�
199302053(IP-DG)
Oceanside Isle Company
Attention; Mr. Chuck Davis
6860 SW 81st Street
Miami, Florida 33143
Gentlemen;
P.2
Enclosed is a Department of the -Army permit and a Notice of
Authorization for application number 199302OS3(IP-DO), submitted
for the placement of riprap and the proposed construction of a
multi -family private dock and the installation of 13 mooring
pilings. The project is located at, Oceanside Isle Condominium
Resort, off US 1, mile marker 70, in Section 34, Township 64
South, Range 35 East, Long Key, Monroe County, Florida.
The enclosed placard should be prominently displayed at the
construction site. You may begin the work authorized by this
permit. This permit does not relieve you of your
responsibilities for any other Federal, State of local permit.
A map showing the field office addresses and telephone
numbers is enclosed. In order to determine compliance with the
Permit, U.S. Army Corps personnel or a contractor may inspect the
project site at any time, A copy of the enclosed permit and
drawings, in addition -to the placard, must be available at the
site of work at all times. Please be aware that failure to
comply with the permit limits or the conditions may result in
enforcement actions to include civil penalties.
Your attention is directed to the fact that the Federal law
pertaining to Department of the Army permits requires prior
approval and that, in the future, plans must be submitted in
ample time for their consideration by the Corps of Engineers
before construction is started.
If, in the future, you choose to modify your permitted work,
this must be requested in writing and drawings—Whowing the
proposed changes must also be submitted. Any requests for
extensions beyond the five year time limit must be requested, in
writing, at least one month prior to the expiration date of the
permit.
EXHIBIT "A"
OCT :71 11 39AM g4CHoR ELECTRIC
P.3
arm
We also take this opportunity to notify you that, upon
issuance of this Department of the Army after -the -fact pe=it,
the enforcement action initiated by letter dated December 22, 1993,
is closed.
Enclosures
Copy Furnished:
rely,
R . *911
, Regulatory Division
Mr. Glen Hoe, Glen Boe and Associates, Inc., Post Office Box 3406,
Marathon shores, Florida 33052
CAZT 17 ' 94 11 c 3 Ptl P"aj0R ELECTRIC
P.4
DEPARTMENT OF THE ANY PERMIT
Permittae: Oceanside Isle Company
Permit No. 199302053(IP-DG)
Ieauing Office; U.S. Army Engineer District, Jacksonville
NOTE: The term °yours and its derivatives, as used in this permit, means the
perm,ittee or any future transferee. The term "this office„ refers to the
appropriate district or division office of the Corps of Engineers having
jurisdiction over the permitted activity or the appropriate official of
that office acting under the authority of the commaa-Ming officer.
You are authorized to perform work in accordance with the terms and
conditions specified below.
Project Description: The project consists of the discharge of
approximately goo cubic yards of riprap, covering approximately 0.o4 acre,
along the landward shoreline of an existing boat basin.
In addition, the project consists of constructing a private, multi -family
Pier approximately 200 feet in length and 4.5 feet in width. Two 12-foot
by 4-foot access walks will be constructed approximately 6o feet from each
end of the proposed pier. Approximately 25 feet waterward of the proposed
pier, the applicant proposes to install 13 wooden mooring pilings. The
pilings will -be placed approximately 16.6 feet apart and will provide for
the mooring of 12 boats.
The work described above is to be completed in accordance with the attached
plans numbered 199302053(lp-DG) in seven sheets dated February 1994.
PrOjact Location: The project is located off Us 1, mile marker 70, in
Section 34, Township 64 South, Range 35 East, Long Key, Monroe County,
Florida.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends 01111AY 209 9
If you find that you need more time to complete the 4uthorized activity,
submit your request for a time extension to this office for consideration
at least one month before the above date is reached.
1
:7 154 11 3 RA-ijOR n F-CTRIeC r P.5
1
2. You must maintain the activity authorized by this
condition and in conformance with the terms and conditinstofnthis d
You are not relieved of this re irement if permit.
activity,although � you abandon the permitted
g you may make a good faith transfer to a third party in
compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without
a good faith transfer, you must obtain a modification of this permit from
this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains
while accomplishing the activity authorized by this permit, you must
immediately notify this office of what you have found. We will initiate
the Federal and state coordination required to determine if the remains
warrant a recovery effort or if the site is eligible for listing in the
National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain
the signature and mailing address and forward a copy of the permit tof the new owner in the apace provided
o the daekseavillo District Office to
valitAte the transfer of this authorization.
5. If a conditioned water certification has been issued for your project,
You must comply with the conditions specified in the certification as
special conditions to this permit. For your convenience, a copy of the
certification is attached if it contained such conditions.
6. You must allow representatives from this office to inspect the
authorized activity at any time deemed necessary to ensure that it is being
or has been accomplished in accordance with the terms and conditions of
your. permit .
Special conditions:
1. Within90 days from permit issuance, the permittee shall construct a
concrete sill at the mouth of the existing boat basin with a top elevation
of -2 feet at mean low water. This sill must be permanently maintained.
Its design should incorporate methods to stabilize and anchor the structure
t prevent its disturbance from wave action.
2. Within 90 days from permit issuance, the permittee shall erect
t o warning signs at the location indicated on the permit drawings,
age 2 of 7. The signs should be visible and legible from a distance of
500 feet. The signs should warn boaters of the restricted access and
Possible damage to their vessels and inform boaters to access basin by the
marked "channel" to prevent damage to existing seagrass beds (see drawing 4
of 7) .
3. Upon completion of the multi -family pier, the permittee shall erect a
boating safety and vegetative community information center. The center
should be placed at a central location for maximum viewing.
2
OCT 17 '94 11:40AM P CHOR ELECTRIC
P.6
4. Within 90 days from permit issuance, the permittee shall remove any
exotic vegetation from site. Removal of any future exotic plants will
continue throughout the life of the permit.
S. With 120 days from permit issuance, the permittee shall plant 100 red
angrove seedlings along the riprap. C
. Within 60 days from permit issuance permittee shall mark the
the \
ce,ss "channel" with buoys going out to a depth of 5 feet mean low'water.
2 /
7. The permittee will provide written verification to the Corps that the
residents/guests have read and understand the restrictive covenant executed
by Oceanside Isle Condominium.
Further informations
1. Congressional Authorities: You have been authorized to undertake the
activity described above pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(x) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 1o3 of the Marine Protection, Research and Sanctuaries Act
of 1972 (33 V.S.G. 1413) .
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal,
state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive
privileges.
c. Thia permit does not authorize any injury to the property or rights
of others.
d. This permit does not authorize interference with any existing or
proposed Federal projects.
3. Limits of Federal Liability. In issuing this permit, the Federal
Government does not assume any liability for the fb"Ttowingc
a. Damages to the permitted project or uses thereof as a result of
other permitted or unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of
current or future activities undertaken by or on behalf of the United
States in -the public interest.
c. Damages to persons, property, or to other permitted or unpermitted
activities or structures caused by the activity authorized by this permit.
3
a-1 17 ' 94 11: 41 AM P1 CNOR ELECTR I C
P.7
d. Design or construction deficiencies associated with the permitted
work.
e. Damage claims associated with any future modification, suspension,
or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that
issuanceof this permit is not contrary to the public interest was made in
reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision
on this permit at any time the circumstances warrant. Circumstances that
could require a reevaluation include, but are not limited to, the
following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit
application proves to have been false, incomplete, or inaccurate (see 4
above) .
c. Significant new information surfaces which this office did not
consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to
use the suspension, modification, and revocation piMtvedures contained in 33
CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4
and 326.5. The referenced enforcement procedures provide for the issuance
of an administrative order requiring you comply with the terms and
conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures
ordered by this office, and if you fail to comply with such directive, this
office may in certain situations (such as those specified in 33 CFR
209.170) accomplish the corrective measures by contract or otherwise and
bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the
completion of the activity authorized by this permit. Unless there are
circumstances requiring either a prompt completion of the authorized
activity or a reevaluation of the public interest decision, the Corps will
normally give favorable consideration to a request for an extension of this
time limit.
4
OCT 17 ' 94 11: 41AM PP<> 0R ElECiRIC
P.8
Your signature below, as permittee, indicates that you accept and agree to
comply with the terms and conditions of this permit.
Thio permit becomes
for the Secretary A
e C. Salt
, U.S. Army
ab-44
(DATE)
fective when the Federal offiZ'fal, designated to act
he Army, has signed below.
AM 6 6 7994
(DATE)
en the structures or work authorized b this
Y permit are still in
xistence at the time the property is transferred, the terms and conditions
Of this permit will continue to be binding on the new owner(s) of the
Property. To validate the transfer of this permit and the associated
liabilities associated with compliance with its terms and conditions, have
the transferee sign and date below.
( TRAINS FEREE )
(Name - Printed)
(Street Address)
(City, State, and zip Code)
5
(DATE)
6 DISTRiCT JUN
4
17 '94 11:4241 E1FECTRIC
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7 9,3 o -,T-2
OCT 17 '94 11:4GCf1 P4 H ELECTRIC P.13
DECLARATION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Oceanside
Isle Condominium, being the owner of certain property in Monroe
County, Florida, more particularly described as follows:
SEE ATTACHMENT 'A'
makes the following Declaration of Restrictions covering the
above -described real property (hereafter THE PROPERTY) and specifying
that this Declaration shall constitute a covenant running with
the land and that this Declaration shall be binding upon the
undersigned and upon all persons deraignih4 title through the
undersigned. These restrictions, during their lifetime, shall
be for the benefit of the limitation upon all present and future
owners of THE PROPERTY. These restrictions are the result of
demands made by the State of Florida Department of Environmental
Regulation in consideration for the granting of permit approval
for construction and maintenance of a marina facility riparian
to THE PROPERTY.
The rights of the riparian upland owners of THE PROPERTY
are:hereby restricted as follows:
The draft of vessels utilizing the boat basin, docks
and boat ramp shall be limited to two (2) feet or less.
These covenants are to run with the land and shall be binding
on all parties and persons olaiming under them in perpetuity
so long as the riparian lands to the said property are used
for;purposes of a marina.
These covenanats shall be recorded in the Public Records
of Monroe County.
IN WITNESS WHEREOF, Declaror has hereunto set Declaror's
hand and seal of this /(oT'' day of A4A
199-4.
Sipped, sealed and delivered
in our presence of:
Wi Ss
FERR, - NO- - M�. " "Ai
�.
ATTACHMENT 'A'
(16ala�'L
Declaror
The boat basin appurtenant to Oceanside Isle
Legal description.
s,,•�E
9 930-P 0
_�
11SDepa,-Une91 Seventh Coast Guard 909 S.E. First Avenue
Of 7r��sportation Districtm
Miami, FL 33131
United States �'" Staf f Syfnbol : ( oan )
Coast Guard Ph: (305)536-5621
16 FEB 1995
16518/44
Serial: 0106
Mr. Richard P. Engel
Oceanside Isle
6868 SW 81st Street
Miami, FL 33143
Dear Mr. Engel:
I am pleased to enclose the approved Private Aids to Navigation
Application (CG-2554) authorizing establishment of Oceanside
Isle Buoys 1, 2, 3, 4, 5, and 6. These Class II private aids
may be charted and entered in Light List, Volume III - Atlantic
and Gulf Coasts.
This authorization is issued under the following strict
conditions:
(1) You must not deviate from conditions of this application
without prior approval.
(2) Discontinuance or change in ownership of aids must also
be approved by this office.
(3) Authorization to establish private aids to navigation
does not authorize any invasion of private rights, nor grant any
exclusive privileges, nor does it obviate the necessity of
complying with any other Federal, state or local laws or
regulations. Please note, the Florida Department of
Environmental Protection (FDEP) also requires a permit for
establishment of private aids to navigation.
(4) When you have completed installation of the aids, you
must contact this office so that we may issue notice to mariners
information to update charts and the Light List. After
installation, the aids will be inspected to verify compliance
with the permit.
(5) Private aids to navigation must be maintained in proper
operating condition at all times. A discrepancy exists whenever
an aid is not displaying the characteristics as per the approved
application. Any discrepancy in the operation of an aid at any
time shall be promptly reported to us in order that notice to
mariners information may be issued. Discrepancies are to be
corrected at once; call Lieutenant (Junior Grade) D. Marston at
(305) 536-5621 when you have done so and follow-up with a letter
confirming repair of the aid.
EXHIBIT "B"
(6) The applicant agrees to save
with respect to any claim or claims
alleged negligence in maintenance or
16518/44
Serial: 0106
the Coast Guard harmless
that may result from the
operation of an aid.
(7) Owners of private aids to navigation are responsible for
recovering and properly disposing of any aid or any part of an
aid no longer in service. A good faith attempt shall be made to
rapidly recover and properly dispose of/recycle any expended or
dislodged batteries. Batteries which are not recovered should
be reported to Lieutenant (Junior Grade) D. Marston at (305)
536-5621.
(8) This authorization is valid for one year from the date of
this letter. If the aids are not established within this
period, the authorization is automatically void and you must
resubmit your application.
When an aid to navigation is established or changed, related
information is widely advertised and included on future editions
of appropriate charts and in the Light List. Thereafter,
mariners have the right to expect the aid to display advertised
signals. Discrepancies left uncorrected may result in marine
casualties and resultant litigation.
Please ensure an adequate amount of funding will be available
for emergency and routine maintenance. The importance of
ongoing maintenance cannot be overstressed.
Sincere
L
Captain, U. . Coast Guard
Chief, Aids to Navigation and
Waterways Management Branch
Seventh Coast Guard District
By direction of the District Commander
Encl: (1) Private Aids to Navigation Application (CG-2554)
Copy: Commander, Coast Guard Group Key West
Officer -in -Charge, Aids to Navigation Team Key West
Florida Department of Environmental Protection, Office of
Waterway Management
Mr. Lonnie Shepardson, U.S. Army Corps of Engineers,
P.O. Box 4970, Jacksonville, FL 32232
Mr. Glen Boe, Glen Boe & Associates, Inc.
Department of
Environmental Protection
Lawton Chiles
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
March 13, 1995
Mr. Glen Boe, P. E.
Glen Boe & Associates, Inc.
Consulting Engineers
Post Office Box 523406
Marathon Shores, Florida 33052
RE: File Number: 9409-0944-197ATN
Location: Oceanside Isle
Dear Mr. Boe:
Virginia B. Wetherell
Secretary
The Florida Marine Patrol has approved your request for placement of aids to navigation at Oceanside
Isle, within Monroe County.
Permit number 94-197 has been issued to Oceanside Isle and is subject to the following conditions:
Permit number 94-197 is contingent upon the consent of, and if necessary, the issuance of
appropriate permits by the Department of Environmental Protection, Submerged Lands and
Environmental Resources Program Office, 2796 Overseas Highway, Room 218, Marathon,
Florida 33050; the United States Coast Guard at 909 S. E. 1st Avenue, Miami, Florida 33131;
and the United Sates Department of Army Corps of Engineers, at Post Office Box 4970,
Jacksonville, Florida 32232; authorizing the placement of structures for the support of the aids
to navigation.
2. This permit requires Oceanside Isle to place six (6) aids to navigation exactly as indicated on
the attached marker list. Each marker(s) shall be consistent with the Florida Uniform
Waterway Marking System format as shown on the attached diagram.
3. All aids to navigation must be manufactured in accordance with your approved United States
Coast Guard permit. Permit number 94-197 must be displayed on each aid to navigation at any
location where it is readily visible. These numbers must be displayed in black block characters
measuring at least one (1 ") inch in height.
4. The placement of aids to navigation shall be completed within a reasonable time after receipt of
this permit. If the information for any marker(s) varies from the originally permitted marker
list, Oceanside Isle must immediately provide this office with the corrected information. Such
changes will require that this permit be amended.
5. All aids to navigation authorized under this permit must be maintained in proper condition at
all times. Oceanside Isle must immediately report and correct any discrepancies of any marker
to this office by calling 904-488-5600, extension 36, or by facsimile at 904-487-4590.
6. Permit number 94-197 does not authorize the invasion of private rights, nor grant any exclusive
privileges, nor does it obviate the necessity of complying with any other state, federal, or local
laws and regulations.
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
EXHIBIT "C"
Mr. Glen Boe
March 13, 1995
Page Two
By accepting permit number 94-197 and placement of the aids to navigation, Oceanside Isle
does hereby, to the extent authorized by law, agree and promise to hold harmless the State of
Florida, its employees, agents or successors, from fault with respect to any claim or claims
arising from alleged negligence in the placement, maintenance, operation, and removal of any
and all markers placed by Oceanside Isle pursuant to this permit. Oceanside Isle further agrees
to indemnify the State of Florida for any and all legal fees and costs incurred in defense of any
suit brought against the State as a result of alleged negligence by Oceanside Isle in the
placement, maintenance, operation, or removal of the aids to navigation.
Violation of any provision of this permit shall result in the revocation of the authorization to
place uniform waterway markers in, on, or above the waters of this state.
If you have any questions, please contact Tara Alford at 904-488-5600, extension 36.
Sincerely,
.�, 1� �—
Major James H. Green
Office of Waterway Management
Division of Law Enforcement
JHG/tra
Attachment
cc: Captain Brian W. Hadler, USCG
Ms. Ann Lazar, DEP
Mr. Phillip Edwards, DEP
Mr. Richard P. Engel, Oceanside Isle
Lieutenant Colonel Frank Feliciano, FMP
Major R. H. McCullers, FMP
09UMOCVISLEILTR
NOTICE OF RIGHTS
A parry to this proxsding has the right to request review of this order by the Governor and Cabinet, sitting as the Lard and Water Adjudicatory Commission, in accordance with section
3, Chapter 93.213. Laws of Florida. To initiate such a review, your request must be filed within twenty (20) days of the date of this order with any member of the Land and Water
Adjudiatory Commission at the Capito?, Tallahassee, Florida 32399.OW1, or with the Secretary of the Commission at the Carlton Building, Room 213, Tallahassee, Florida 32399 1g 7.
A copy of the request must also be served on both the l3cpartmem of Emiromnental Protection. Agency Clerk 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida
32399. and on any person named in this order, within 20 days from the date of this order if the request for review is to be effective.