Resolution 398-1995
FILED f OR RECORD
'95 NOV -2 1\10 :34
Planning Department
~
RESOLUTION NO. 398-1995
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF MONROE COUNTY, AN
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS, MONROE COUNTY AND,
OCEANSIDE ISLE GENERAL PARTNERSHIP, OWNER
AND UPPER KEYS MARINE CONSTRUCTION, GENE-
RAL CONTRACTOR CONCERNING A PART OF GOVT.
LOT 1, SECTION 27, TOWNSHIP 64, RANGE 35,
LONG KEY BIGHT, LONG KEY, MONROE COUNTY,
MONROE COUNTY, FLORIDA, APPROXIMATE MILE
MARKER 70.
WHEREAS, Oceanside Isle General Partnership is the owner of
real property described as:
A part of Government Lot 1, Section 27, Township 64,
Range 25, Long Key Bight, Long Key, Monroe County, Florida;
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
94-2-0690, 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
of Community Affairs on August 26, 1994, and was timely appealed
to the Florida Land Water Adjudicatory Commission pursuant to
Section 380.07, Florida Statutes; and
WHEREAS, most of Monroe County, including the subject proper-
ty, is located within the Florida Keys Area of Critical State
Concern, as designated under Sections 380.05 and 380.0552, Flori-
da 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 effectu-
ate the provisions and purposes of The Act or any rules promulgat-
ed thereunder; and
WHEREAS, the DCA, Oceanside
Upper Keys Marine Construction Inc.
party to the agreement; and
Isle General Partnership and
wish to make Monroe County a
WHEREAS, the parties wish to avoid the expense and delay of
lengthy litigation and resolve the pending appeal of building
permit, numbered 94-2-0690, under the terms and conditions set
forth herein, and it is in their best interest to do so; and
WHEREAS, The Florida Department of Community Affairs,
Oceanside Isle General Partnership, owner; Upper Keys Marine
Construction, General Contractors; and Monroe County agree to the
following:
1. Other Permit Approvals. The subject property shall be
developed with a multi-slip docking facility in accordance with
the following Conditions:
a. The development must comply with all the conditions set
forth by the United States Army Corps of Engineers ("ACOE") per-
mit numbered 199302053 (IP-DG), which was issued to the owner on
June 6, 1994 (Exhibit "A");
b. 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");
c. The installation of the channel markers must also be 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
Protections 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.
2. Dismissal of Appeal. Within five (5) working days after
this Agreement has been signed by the Owner, General Contractor,
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 Con-
tractor, and Monroe County join in any request for entry of a
final order consistent with this Agreement.
3. 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 posi-
tion with regard to the proper interpretation of the Monroe Coun-
ty Code, and shall not be given precedential effect with regard
to any other permit issued by Monroe County.
4. Scope of Authoritv. 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 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.
5. Duplicate Oriqinals. 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.
6. Bindinq Effect. Recordation of Agreement. This Agreement
is intended to and shall create a covenant running with the land,
and shall be binding on the parties, their successors and as-
signs. 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 record-
ed.
7. 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.
s. Entirety of Aqreement/Amendment _ This Agreement constitutes
the entire agreement of the parties. This Agreement may be modi-
fied 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 6 above.
9. Enforcement. This Agreement may be enforced by any party
as provided in Chapter 380, Florida Statutes, or as otherwise
allowed by law.
WHEREAS, the staff report by Antonia Gerli, Acting Director
of Planning, found that the agreement between the Florida Depart-
ment of Community Affairs and Oceanside Isle General Partnership,
Owner; Upper Keys Marine Construction, Inc., General Contractor;
complies with the Monroe County Land Development Regulations; and
WHEREAS, the Acting Director of Planning and the planning
staff consider the agreement to be in the public health, safety
and welfare; and
WHEREAS, therefore, the staff report by Antonia Gerli, Acting
Director of Planning, recommends approval of the agreement and
recommends that the Board of County Commissioners authorize the
Mayor to execute the agreement between the Florida Department of
Community Affairs and Oceanside Isle General Partnership, Owner;
Upper Keys Marine Construction, Inc., General Contractor;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
The Board of Commissioners of Monroe County, Florida, agrees
with the recommendation of the Acting Director of Planning that
the execution of this agreement would be in the best interests of
the citizens of Monroe County; and
Therefore, that the Mayor is hereby authorized to execute the
agreement between the Florida Department of Community Affairs,
Monroe County and Oceanside Isle General Partnership, Owner;
Upper Keys Marine Construction, Inc., General Contractor, a copy
of said agreement is attached hereto and incorporated by refer-
ence; and
That the Clerk of the Board is hereby directed to forward
three certified copies of the agreement to the Division of Growth
Management.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 18th day of October, A.D., 1995.
Commissioner Douglas
YES
YES
YES
Mayor Freeman
Mayor Pro Tern London
Commissioner Harvey
ABSENT
--
Commissioner Reich
YES
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By cSi~ :F~.v
MAYO~HAIRMAN (SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY:.a-.~C. ~~
,
.,
DEPUTY CLERK
Resolution #
OCT :.. 7 ' 94 1:" : 33=l1 i=I'O-IOR ELECTRI C
)
P.2
)
~.
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF INaHiERS
P. O. BOX 4170
.lACK8ONVII..Le, PL.ORCA 32232-001.
AVl. Y 10
At'7I!NfDI ~
Regulacory Division
Enforcement Branch
199302053 (IP-DG)
~" 0 6 1994
Oceanside Isle Company
Attention: Mr. Chuok Davis
6860 SW Slst Street
Miami, Florida 33143
Gentlemen;
--
Enclosed is a Department of the.Army permit and a Notice of
Authorization for applioation number 1993020S3(IP-DG), 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 looal 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 oopY of the enclosed permit and
drawings, in addition to the plaoard, 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 faot 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 construotion is started.
If, in the future, you choose to modify your permitted work,
this must be requested in writing and drawingB:!howing 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"
0.::,-;- _;- . ~ :. :. :::&:lI'I ~ ;:-i ;:- CTRI C
P.3
--
-;2-
We also take this opportunity to notify YOu that, Upon
issuance of ,this Department of the Army after.the-fact permit,
the enforcement action initiated by letter dated December 22, 1993,
is closed.
Enolosures
DiVision
Copy Furnished:
Mr. Glen Boe, Glen Boe and Associates, Inc., Post Office Box 3406,
Marathon Shores, Florida 33052
--
-
J.~: :. (. ~ :.:. .:B=lM ~Ct-iOf<. ;:-; ;-CTR:C
)
P.4
DEPARTMENT OF THE ARMY PERMIT
Permittee: Oceanside Isle Company
Pe~it No. 199302053 (IP-DG)
I8.~in~ O!fice: U.S. Army Engineer District, Jacksonville
NOTE: The term "you" and its derivatives, as used in this permit, means the
permittee 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 ac~ivity or the ap~priate official of
that office acting under the authority of the oomma iog officer.
You are authorized to perform work in accordance with the terms and
conditions specified below.
Projedt Desoription: The project consists of the disoharge of
approximately 600 cubic yards of riprap, covering approximately 0.04 acre,
along the landward shoreline of an exis~ing 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 acoess walks will be construoted approximately 60 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 (IP-DG) in seven sheets dated February 1994.
Project 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:
Geaeta1 Conditions:
. . '.iAY 20 9 9
1. The time limit for complet1ng the work author~zed ends on .
If you find that you need more time to oomplete th~uthorized activity,
submit your request for a time extension to this office for consideration
at least one month before the above date is reached.
1
x-;- _, .::;.:. 1:':~ ~ CLCTRIC
i
P.5
2. You must maintain the activity authorized by this permit in good
coneition and in oonformance with the terms and conditions of this permit.
You are not relieved of this requirement if you abandon the permitted
activity, although 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 f4ith 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 aotivity 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 aegister of Historic Places.
4. ~~ you sell the property assooiated with this permit, you must obtain
the signature and mailing addr... of the new owner in the .pace p~ovided
and forward a oOPY of the permit to the Jack.oavill. Di.triot Offioe to
validate the transfer of Chis authori~ation.
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 ~he
certification is attached if it oontained suoh 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 accordanoe with the terms and conditions of
your. permit.
Special Conditionsl
1. Within 90 days from permit issuance, the permittee shall construot 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.
rts design should incorporate methods to stabilize and anchor the structure
Q prevent its disturbance from wave action.
2. Within 90 days trom permit issuance, the permittee shall erect
t 0 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 :7'94 1::4tH1 ~ 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.
5. With 120 days from permit issuance, the permittee shall plant 100 red
Qangrove seedlings along the riprap,
6. : Within 60 days from permit issuance, the permittee shall mark the "-
cc~ss "channel" with buoys going out to a depth of 5 feet mean low 'water.
7. The permittee will provide written verificatio~to the Corps that the ~
residents/guests have read and understand the restrictive covenant executed
by Oceanside Isle Condominium.
Fur~her Informationr
1. Congressional Authorities: You have been authori2ed 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 103 of the Marine Protection, Research and Sanctuaries Act
of 1$72 (33 U.S,C. 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.
o. This permit does not grant any property rights or exclusive
priv~leges.
c. This 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
Gove~nment does not assume any liability for the f~owing;
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 thereor as a result of
current or future activities undertaken by or on behalf of the United
States i~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
..):;-:- _ ( '94 1: ; 41AM r=N"'..rlOR :- rCi'R:C
P.?
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. Relia~oe on Applicant's Data: The determination of this office that
issuanoe ~of 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 oomply 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. Signifioant 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 p~edures contained in 33
CPR 325.7 or enforcement procedures such as those contained in 33 CPR 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 meaeures 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 axtension of this
time limit.
4
--
C(;i :. 7 ' 94 1:' ; 41Fr'i ;::N:'..HOR "'-i ;-CTR:C
)
P.8
Your signature below, as permittee, indicates that you accept and agree to
comply with the terms and conditions of this permit.
J tv... Occ .j
R",~ ,,,-n ...,
wclo-~~...
5"a~''1''
(DATE)
fective when the Federal of~al, designated to act
e Army, has signed below.
JON (; B 1994
(DATE)
en the structures or work authorized by this 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(B) 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.
(TRANSFEREE)
(DATE )
(Name - Printed)
(Street Address)
(City, State, and Zip Code)
--
"
j.
.'
~
r
J!U( OISiR,!CT JUN - 3
~t}
5
:T :. 7 ' 94 11 : 42I=t1 FN:HOR ELECTR I C
'. .-.
-.
z~
","
'-
c..
'0
Q t-
-
< UJ
...u=:
....,It-
LLI~
=V)....
:::J<
~a~
w<sf
~~- .
oCtN
.. Ul I
&.J V)
...J &.J L&.
-zo
c.. ....
...J z:
W' 0
... >- ....
5ffi~
z: c.. LIJ
'QO....l
(,.) a: IoU
c..
a .:;:
-~~;;. .
- a~~;
N...JO~;
.... < u...... :.
--~--~ i
.
. '0
to') .C,,)
~J
J.; UJ
....!.~ ~
6' I - g
; : f ~ a '~I ~
VI'I.... ~.i!j
EI'~e~:;1
c=. oCt 0 c.. .'
,--- I. ....
..sJle.E:./ 4... 0;: 1 ')
. /99.!J().(}()5.3 IP~.b(;f.
../04-
-
o
Ll)
N
.... .
...
-
N
-
~
N
r;;'
~~
.;I:~
(J
if
CJQ
9
~
~'tf'
'.
-
~.
u.
~.
;5'
u,_
QV)
. 'C
o
"17
. f'O
U .
== N
- an
o
. ,.,
f:3 to')
... .....
< ~
-
U ...
C \0",
V)~t.U....
~t:~~
"&ftCiic:r
.. .~g~~
~I z:: ....;
. C!J ~C!ig
'< ':I~ -
.' ~ - .
o
-
-
o
p).\D, t:;
Z II
- u.. ~
~ Q;..~
W N ""':' '10:)1
;~ ..... 1&.1
W W ....
~.....<;
_ll:CU
VlUV)
V)
':
o
\ --,
--T ,
0*-, ,
\ ,
, ,
I, ..., \.
,," , \.
. " ,
\ . ,
\ \ "
' , ,
\ , ,
\" ,
\" "
' ,
\ ,
\ "
. ,
\ ,
" "
.\
, ,
\.
, ,"',. ) c-~~C66,~>,
'(~-t;IJ: 0 '0 T "t.3~r
I V\{ ,ti
'\...:.
<J
. ~
~~
~. ~~~
.'"
II' _.''"\.
.....
:2: 0'\
C ~ :3:
- ocr 0 == .'
t- ....0. 0
< .... C CO 0
<.J 0 "'Oeo
o :Z:~Oqo
...J 1-.. in ~
.... ~ pof ~ CO
<.J::z: N
L&J U ~ ..
"":.I < -' .. C)
~ ~~~~
Ql. Z VI -J ...J
~.
.
".
.
..
..
..
.. & .
..
~
~
~
~
,
\
\
\
\
,
\ I
'I
1.
J ·
, \
I "
I .
I \
/ "
I \
/ ,
I "
J
I
I
I
J
J
I
I
I
\.
"
~,
\.
.\ B~
\ ~ ~
" i ~ "
, \.
, '\
\. \
" '~
\.
--- " '
\.
" '~
, '.
" \ /'
" '.,.
" "
'(~
\
\
\
\
\
\
\
\
,
~ %-=-:
..,
t:H 'c
en
c: U)
L&J od- 0
= ,.... 0 0<:1'"
...J 0 ,... . M
LU N U ,
0 t.-, Z N
Z ~M M 0\ - Ion
~ ..J /'I"l I 0
U Ll') .. M
tn ex: -J -' ..... .v) M
::> ..... u.. >- ex: , ~ ..J
I,i') =0 . 0
enu - -I - < .....
.a~ ;;, ex:~La.. .-.
.....c a.. :z:: u _
en l,i')mou o. -.D VI r-4
0::: ...... .. 0 V)~~N
..... L&.I-IO-=: 0<1% ~ VlC"')~_ ,
Z :EL&.I~YJ :OI:::t- ~ V) <!C\,I 0\
:3: < a::cQ <:z::- - "'100 VI ~ .
0 ~~<c :Z:oz >
(.!J -.....C:O: w ~'.-c 2:.
z: =-=......z: c w c: OO~,....
- o::c 0 0::0> .. =,a:I t-_
:z:: z: -I C :E W(Y)e( t-I z: . < Lt)
- ..... N~ .......1- ffi ~'~i~
0 :c-a......o
...., ~ CD-c... ;-
0 -
< - N
- '-"
-
>
I-
-
Z CW'1
-
~ ~
:>> 0
..,
z:
o
.....
l-
e(
U
o
...J
~
:::t:
V)
..-t~
t-, .....
........J
l.U <:
::z: u
V) en
o
U
Lo.J
..J
V')
-
,
"
"
,
,
,
\ ,
, ..
...
'.
~
u
o
~ .. Q
1001. t;1 -t:
~ W 0...
is -" l'
~ ~I~
J -: '';''('
~\-r...'=" wt€7: "; '"
JI~-1 ,~ _ _
~-.
-;x.t;1~./ a... "'- - v........
.f. .:lOr;- -L3'9f1S'
l.O
q- 0
CJ -- o. v
% r::i - rrl
. ...... I.&l W . ~ U I
:..e~ - CD -oJ = VI ...... ;;z::: ~
~i5 . ....~~~ :lot: - ..... Ll)
== f..) N 0
Q a:: - ..J 11)0 ~ rrl
~ ..... <t- co 0 v) r)
0 - x 0<:::: LtJ L/.J
~~ > "" t-O "'" V) ~ ~
-oJ en-w ..... - <t
:::l c( < "" L/.J ~ N < . >- .-
V) V) ...... Co!) I- .... - e:~ I.IJ (..) ..
~en o CO CXhO "C :::z::......tnZ ~ o \0 V)
w LtJ wo..~< W "'" OLAJ"'"
CO ~ = X Xx \0 = %> 2:: C'I') "'" qCl:: N
:Eo.. 0\ N NN ..... O~..J W cC "'H.~ .....
- ~....~~ c.. :z:: N :J:: en
....< < -.IS .oct) I
..~ ceo -' ::c M
.. tn WZ:O Ci!.... L&J >C :z: '9'
V') V> . -oJ "'~OI.1.l goo,...,
\.U W ~ ..~ ~ ..J - Q" ::I: V) .- o I:a:a::
-oJ C) L/.J ~< "",0..-0.. en V) ~ .... -
..... .. (!J ..;z: z: (.!) I:OU- W ~ .<Ll)
0.. ...J en or:: en .... :z: ILUQ V) -' W ....,00:0
..J 1.1.l.....~:w:~ _ ~:z: w ~ ..J .~M
-oJ < ...J ~ :z: u V lX~2:"" ........ ~Q" -
. ..J:C -.-www t-XOO -0
~I'<~ ~V)=QO V) t-U :r:: c.. :::z::
La.l
t- - - -
o ..... N tr)
:z: -. - -
. 0
.
.... 0
+
o
.
~
-to
--
.
Ii)
.
~
.
N
rot
~
UV)
0>-
~~
IJJ -'
Vl<
0:3-
0..
OQ
~z:
0..<
.. .
:1.d
-
.Q
u.>
. f..)
.... -'
. f..) ott
<~O
U. _ '-D
. -.....
WC'I')
Q == "-J
I.J.U-
V) , c..
O~<
: c.. L/.J a:
~t:~
0.. <: a::
::c
..J
:z:
... '\0
I ·
-
en
-J
~
....
UoI
Q
:z:
o
-
~
w
en
.
P,')c:r.....
- LU
~....~
. II
.' :2:
C'I')= _
....
..... . LIJ
m...;;
::;: a..J U
~g '"
V'J
o
.
o
u
I-
:z:
ce
u
-
-'
Q"
Q"
<:
~
U
o
Q
~ u1 ~
-.ti
~ w'~
~2Q"
U c: -
o Q..a::
.....
....J
V)
.-
{'\
JIC:l..LJT13 CK)H:"N:::l ~7::: t'6, L.: 1.:0
.s dE-c.l 9- OF 7 -
/993 Q,;JD.5.3(:IP-K,)
'7 /ntJ-.
Xi
'94 :.:. : 4CRM ~rl~ "' rCTRIC
F. :3
"
.. ..
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'
mak~s the following Declaration of Restrictions oovering the
above-described real property (hereafter THE PROPERTY) and specitying
that this Declaration shall constitute a covenant running with
the land and that this Declaration shall be binding upon the
und~rsigned and upon all perso~s deraiqnibg title through the
und~rBi9ned. These restrictrons, during their lifetime, shall
be for the benefit of the limitation upon all present and future
own~rs of THE PROPERTY. These restrictions are the result of
demands made by the State of Florida Department ot 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 /f.t, ~ day of ~AV
199:4. T
Sig~ed, sealed and delivered
in Qur presence of:
. ~/A\~-W
Wi, ss
CMa&t{)+
~#..: -'/ffJ~
~AIt'I'~sr^1f.OPPI.05UDt\
M\'~ BXP.oc:r.2.tJlllS
IIOf\Iti1lO nacu ~ INi. UND. ,
ATTACHMENT 'A'
The boat basin appurtenant to Oceanside Isle
--
Legal desciiption. 1-
-spe;€.7 50F "
,99.30c:?OS3 (:z,o-~~
us.DeparTme~T ..
of TransporlatlOn
UnttedS~ s_
Coast Guard
Seventh Coast Guard
Di.stri.ct
--:."i,.,r'-'....,~i )"; rJI~i::....'--rs.
909 S.E. Fi.rst Avenue
P..i.ami., F.L 33~3~
Staff Syfubo~: (oan)
Ph: (305)536-5621
1 6 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
conditions:
strict
(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 I 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"
16518/44
Serial: 010E
( 6) The applicant agrees to save the Coast Guard harmless
wi th respect to any claim or claims that may result from the
alleged negligence in maintenance or 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.
L
Captain, u.
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
,-,1-;":' "--t..x:.....\
I 1 J ~ r ~,~ ~
Lawton Chiles
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
VIrginia B. Wetherell
Secretary
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:
Location:
9409-0944-197 A TN
Oceanside Isle
Dear Mr. Boe:
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:
1. 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 suppon 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 repon 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.
"Prorf'ct, Conserve and Manage Florida's Environment and Natural Resources"
EXHIBIT "e"
Mr. Glen Boe
March 13. 1995
Page Two
7. 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.
8. Violation of any provision of this permit shall result in the revocation of the authorization to
place uniform wateIWay 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,
J:::.: :::
Office of WateIWay Management
Division of Law Enforcement
JHG/tra
Anachment
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
09\A Th'\OCNISLE3.L TR
NOTICE OF RIGHTS
^ parry to this proceeding has the riCht to requcsc review of this order by the Govem;)f and Cabll'Ct. siuing as the Land and Waler Adjudicator'Y Commission, in accorcb.nc:e with section
3. Chapter 93-21:l. Laws of F1omla. To InIlWe such. rniew, your req....t must be filed within rwcnry (20) days of the dase oj this order WIth any member oj the Land and W.ter
AdJl,,!lcuory Commission at the Dpllol, Tall.ha..ee. Florida 32399-<<Xl1. or with the Secrewy of the CommisSIOn at the CarllOn Buildi",. Room 213, Tallahassee, Florida 32399-8047.
^ copy of the request must aao be served on both the Depanmelll of Environmena.l Prolection. ACOllCJ' CIerI<, 3900 Commonwealth Boulevard. M.il Station 35. Tallahassee. Florida
32399. .nd on any penon named in this order. within 20 days from the date of this order if the request for reVIew is 10 be effectrvt:.