FLD2005-01010
Woods Consulting
Environmental Permitting Marine Engineering Hydrogeology Land Planning
1714 County Road 1, Suite 22
Dunedin, FL 34698
January 20, 2006
John Schodtler
Planner I
City of Clearwater Planning Department
PO Box 4748
Clearwater, FL 33758-4748
Re: Bay Harbor - FLD2005-01 01 0
600 Bayway
Dear John:
To suffice Item 3 ofthe conditions of approval for the Bay Harbor multi-use docking facility,
please find enclosed:
. the Southwest Florida Water Management District (SWFWMD) Environmental
Resource Permit;
. the Submerged land lease, authorizing use of sovereign submerged land; and
. the United States Army Corps of Engineers (USACE) Letter of Permission
authorizing the 8-slip facility.
Should you require further information, please give me a call.
xe~
Terri Skapik
Senior Hydrogeologist
Woods Consulting, Inc.
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OEVELOPMFNT SEk\ltCES OEPT
CII2!.9J. Pi:t!:HW/lJER
P:\Bay Harbor - old Mize Bayway (143-04)\Mize Bayway 50 state and federal permits for city of c1earwater.wpd
Office: (727) 786-5747 Fax: (727) 786-7479 Email:billwoods@woodsconsulting.org
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CITY OF CLEARWATER
LONG RANGE PlANNING
DeVELOPMENT REVlEW
PLANNING DEPARTMENT
P05TOFFICE Box 4748, CLlW~WA"tER, FLORIDA 33758-4748
M0NIti~AL SE~vicESBliILDING, 100 SOUTH MYRnE AVENUE, CLEARWATER, FtbRIDA33756
TELEPHONE (727)562-4567 FAX (727) 562-4576
April 26, 2005
Mr. Bill Woods
Woods Consulting, Inc.
322 Ridge Road
Palm Harbor, FL 34683
o ~@~UW~ rm
JAN 2 7 2006 lliJ
RE: Development Order - Case FLD2005-01010 - 600 Bayway Boule
Dear Mr. Woods:
DEVElOPMt:Nl SERVICES OEPT
CITY Of CltAHWATER
This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community
Development Code. On April 19, 2005, the Community Development Board reviewed your Flexible
Development approval to construct a 1,376 square foot multi-use dock facility to provide eight slips as an
amenity to 19 condominium units. The request includes an increase of the width of the dock from 75
percent of the lot width (135 feet) to 77 percent of the lot width (139 feet), and a reduction of the side
(west) setbacks from 17.98 feet to 10.3 feet to the dock, per Section 3-601.C.3. The Community
Development Board (CDB) APPROVED the application with the following bases and conditions:
Bases for Approval:
1. The proposal complies with the Flexible Development criteria under the provisions of Section 3-601.
2. The proposal is in compliance with other standards in the Code including the general applicability
criteria per Section 3-913.
3. The dock development is compatible with the surrounding area.
Conditions of Approval:
1. That boats moored at the docks be for the exclusive use by the residents and/or guests of the
condominiums and not be permitted to be sub-leased separately from the condominiums;
2. That dock-supported signage be permanently installed containing wording warning boaters of
the existence of protected sea grasses and manatees in the vicinity; and
3. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of
permission to use State submerged land, if applicable, be submitted to the Planning
Department prior to commencement of construction.
Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible
Development approval (April 26, 2006). All required certificates of occupancy shall be obtained within
one year of the date of issuance of the building permit. Time frames do not change with successive
owners. The Community Development Coordinator may grant an extension of time for a period not to
exceed one year and only within the original period of validity. The Community Development Board may
S:\Planning DepartmentlC D BIFLEX (FLD)\Jnactive or Finished ApplicationslBayway 600 Bay Harbor Docks (T) .
Approved\BayfjRlA~f!IJ !WJNeJ'f}p'/1MAt{&der. doc
FRANK HIBBARD, VICE MAYOR H()Yr Ih-,lII,TON, COUNCIL~IEMBER
BILL JONSON, COUNCILMEMBEH <!) CAHLEN A. PE'rEHSE'I, CO\ 'NClL~IEMBEH
"EQUAL EMPLOYMENT AND AFFII\MATIVE ACTION EMPLOYER"
~ ."
April 26, 2005
Woods - Page Two
approve one additional extension of time after the community development coordinator's extension to
initiate a building permit application.
The issuance of this Development Order does not relieve you of the necessity to obtain any building
permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or
license affected by this approval, please bring a copy of this letter with you when applying for any
permits or licenses that require this prior development approval.
Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to
Section 4-502.B by the applicant or by any person granted party status within 14 days of the date of the
CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending
the final determination of the case. The appeal period for your case expires on May 3, 2005 (14 days
from the date of the CDB meeting).
If you have any questions, please do not hesitate to call John Schodt1er, Planner I, at 727-562-4604. You
can access zoning information for parcels within the City through our website:
www.myc1earwater.comlgov/depts/p1anning. *Make Us Your Favorite!
Sincerely,
fO) (H~ If i I \~ ~ fffi
llul JAN 2 7 2006 Illli
OEVELOPMf;N"T SERVICES OEPT
CITY OF C.LtARWATER
S:IPlanning DepartmentlC D BIFLEX (FLD)\/nactive or Finished ApplicationslBayway 600 Bay Harbor Docks (T) _
ApprovedlBayway 600 Development Order. doc
An Equal
Opportunity
Employer
Heidi S. McCree
Chair, Hilisborough
Talmadge G. "Jerry" Rice
. Vice Chair, Pasco
Patsy C. Symons
Secretary, DeSoto
Judith C. Whitehead
Treasurer, Hernando
Edward W. Chalice
Manatee
Jennifer E. Closshey
HIllsborough
Nell Combee
Polk
Thomas G. Dabney
Sarasota
Watson L. HaYlles II
Pinel/as
Janet D. Kovach
Hil/sborough
Todd Pressman
Pine lias
David L Moore
Executive Director
Gene A. Heath
Assistant Executive Director
William s. SHenley
General Counsel
Southwest Florida
Water Management District
- ~-- ~
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. .' -~'~~:E,li~}&3;t&Y;3.~:"""-"':~-':~"iX:&'1i1tGst0:t::';.:".,,-
2379 Broad Street, Brooksville, Florida 34604-6899
(352) 796-7211 or 1-800-423-1476 (FL only)
SUNCOM 628-4150 TOD only 1-800-231-6103 (FL only)
On the Internet at: WaterMatters.org
Bartow ServIce Office
170 Century Boulevard
Bartow, florida 33830-7700
(863) 534-1448 or
1-800-492-7862 (FL only)
SUNCOM 572-6200
lecanto Service Office
Suite 226
3600 West Sovereign Path
Lecanto, Florida 34461-8070
(352) 527-8131
SUNCOM 667-3271
Sarasota Service Office
6750 Fruitvllle Road
Sarasota, Florida 34240-9711
(941) 377-3722 or
1-800-320-3503 (FL only)
SUNCOM 531-6900
Tampa Service Office
7601 Highway 301 North
Tampa, Florida 33637-6759
(813) 985-7481 or
1-800-836-0797 (FL only)
SUNCOM 578-2070
September 16, 2005
Mark Newkirk
Bay Harbor, LLC
9309 North Florida Avenue, Suite 104
Tampa, FL 33612
Subject:
Consolidated Notice of Fin.al Agency Action for Approval
Environmental ResourcePermit General Construction and
Sovereignty Lands Standard Lease .
Permit No.: 44028556.000
BOT 'File No.: 520338.903
SOV Record No.: 575.000 . .
Project Name: BaYl-:/arbof MultI-U
County: PineUas
Sec/Twp/Rge: 17/29S/15E
~
ks
JAN 2 7 2006
Dear Mr. Newkirk
oEVELOPMFNl SF RVICES OEPT
. CITY O~ CU:~HWATER
. .
This letter constitutes notice of Final Agency Action for approval of the permit for an
Environmental Resource Permit and Proprietary Authorization referenced above. Final
approval is contingent upon no objection to the District's action being received by the
District within the time frames described beloiN.
The District has requested that the Department of Environmental Protection's Recurring
Revenue Section of the Bureau of Public Land Administration prepare the Standard
Lease instrument. A permit condition prohibits construction on the sovereign submerged
lands until this instrument has been fully executed.
You orany person whose substantial interests are affected by the District's action
regarding a permit may request an administrati~~ hearing in accordance with Sections
120.569 and 120.57, Florida Statute (F.S.), and Chapter 28-1 06, Florida Administrative
CQde (F.AC.), of the Uniform Rules of Procedure. A request for hearing must: (1)
explain how the substantial interests of each person requesting the hearing will be
.affected by the District's action, or proposed action, (2) state all material facts disputed
by the person requesting the hearing or state that there are no disputed facts, and (3)
otherwise comply with Chapter 28-106, F.A.C. Copies of Sections 28-106.201 and
28-106.301, FAC. are enclosed for your reference. A request for hearing must be filed
with (received by) the Agency Clerk of the District at the District's BrooksviUe address
within 14 days of receipt of this notice. If you wish to challenge the determination that this
project meets the requirements of 18-21.005(1)(a), FAC., a shorter time to file an
objection is applicable. A request for hearing must be received within 14 days of receipt
of this notice. Receipt is deemed to be the fifth day after the date on which this notice is
deposited in the United States mail. Faifure to fife a request for hearing within this time
period shall constitute a waiver of any right you or such person may have to request a
hearing under Sections 120.569 and 120.57, F.S. Mediation pursuant to Section 120.573,
F.S., to settle an administrative dispute regarding the District's action in this matter is not
~vailable prior to the filing of a request for hearing.
ERP Expiration Date:
September 16,2010
SL Expiration Date:
September 16, 2010
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CONSOLIDATED ENVIRONMENTAL RESOURCE PERMIT (ERP) AND
SOVEREIGN SUBMERGED LAND AUTHORIZATION (SL)
GENERAL CONSTRUCTION SURFACE WATER MANAGEMENT SYSTEMS
PERMIT NO. 44028556.000
AND
SOVEREIGNTY LANDS STANDARD LEASE
PERMIT iSSUE DATE: September 16, 2005
This permit, issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and Chapter 40D-40,
, Florida Administrative Cods, (FA C.)" authorizes the Permittee to perform the work outlined herein and
shown by the application, approved drawings, plans, and other documents, attached hereto and kept on
file at the Southwest Florida Water Management District (District).
Authorization is granted to use sovereign submerged lands 'as outlined herein and shown by the
application, approved drawings, plans, and other documents attached hereto and kept on file at the "
District under the provisions of Chapters 253 and 258, F.S., and Chapters 18-20 and 18-21, FAC., as
well as the policies 'of the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees).
'fhis approval does not disclaim any title interests that the Board of Trustees may have in the project site.
Any subsequent authorizations by the Board Of Trustees, or its designated agents may contain conditions
necessary to satisfy the fiduciary responsibilities of the Board of Trustees as well as other applicable
statutory or rule requirements implemented by the Department of Environmental Protection's Division of
State Lands or other governmental agencies authorized by Florida Statutes.
All construction, operation, and maintenance of the surface water management system authorized by this'
pemiit sh~1l occur in compliance with Florida Statutes and Administrative Code and the conditi()ns of this
p~m~ "
PR'OJ ECT NAME: '
GRANTED TO:
Bay Harbor Multi-Use Docks,
'OO~J:~t:::t2:61~ &
Bay Harbor, LLC
9309 North Florida Avenue, Suite 104
Tampa, FL 33612
ABSTRACT: Thisproject involves the construction of an 8-slip docking facili
Clearwater Harbor,; approximately 1jOmiles west of the Memorial Causeway
proposed asanamenity to a multi-famHyresidential developmemt on adjacent uplands. Boardwalkaccess
to fixed.finger piers will be constructed over deep-water portions of sovereign submerged land, and will not
req~iredredging. ' ,
Neither water quantity attenuation nor water' quality treatment is required. Hydrographic studies
demonstratethatflushing time (the time required to reduce the concentration of a conservative pollutant to
ten percent of itsoriginal concentration) for the marina 'basin is approximately four days, generally the
maxirrlUmthat is desirable for docking facilities. Pollutants leaving the docking facility are! expected to
adeqLi~tely~isperse in the receiving water body so as not to cause violations of wat~r quality standards.
No fl!elingor sewage pump-out facilities are proposed.
The dock facility.will be' constructed along a segment of the western shoreline of C1eaI'VJater Harbor. This
estuarine surface water body is within a portion of the Pinellas County Aquatic Preserv'e. Existing natural
resources will not be adversely impacted. Manatee education signs and an artificial reef will be provided
as part of the public interest criteria. Proprietary authorization for activities over sovereign submerged
lands will be obtained pursuant to Chapter 18-21, FAC. '
, Permit No.: 44028556.000
Page 3 ,
September 16, 2005
, Watershed Name: Upper Coastal Drainage
A regulatory conservation easement is not required.
IV. Sovereign Submerged Lands.
ACTIVITY PREEMPTED AREA DREDGED NO. OF SLIPS
Docks 5,312 square fee 0.00 cubic yards 8
TOTALS: .' 5,312 square fee 0.00 cubic'yards 8
Shoreline Length: 179.8 feet
A proprietary conservation easement is not required.
SPECIFIC CONDITIONS
1. If the ownership of the project area covered by the subject permit is divided,wi~h 'someone other
than the Permittee becoming the owner of part of the project area; this permit shall terminate,
pursuant to Section 400-1.6105, FAC. In such situations, .each land owner shall optain a p~rmit
(which may be a modification ofthi$ permit) for'the land owned by that person. This condition shall
notapply to the division and sale of lots Or units inresidential subdivisions orcondo~iniums.
. .
2. Unless specified otherwise herein, two copies of all infotmation and reports 'required by this permit
.. ::::.e ::::~::::epartment oo.~.D.'."'li~..-,"'.'..J'.'.UAi..r6'l.'-N:.".'~.'.'2~ 7' 12\'o~o16[~ Ifffi~. ~J! I
Southwest Florida Water Management District I j
7601 U.S. Highway 301 North
Tarnp'8,FL 33637-6759 '
. OEVELOPlVItN1 SERVICES OEPT
The permit number, title of report or informatioriand event (forrecur in . re . iftVoDf~ATER.
submittal) shall 'be identified on all inform,ation and reports submitted.
3. The:Permittee shall retain the design engineer, or otherprofe~si,onalengineer registered in
Florida,to 'conduct ~m:'site()bservations of construction 'and assistvvith the as-hi.Jnt.c:~rtification
requlrementsof this project.' The Permittee shall inform the District, in Writiilg of the' name, address,
and phone: number of the professional engineer sdem,ployed. This information shali be submitted
prior to construction.' '. , '." ' ..... . . .
4. .Within30days after completion of construction of the permitted activity, the Permittee shall submit
'to the Tampa Service Office C)written statementbf compl~tiohand certification by a registered
professional engineer or other appropriate indiviqual as authorized bylaw,:utiHzing the required
Statement of Completion 'and R'equestforTraQsfer to Op~rafi6n Entity f9rm identjfiedin Chapter
40D-1.659,F.A.C., and signed, datedari'd s'ealed as~builtdrawings. The as-built drawings shall
identify any deviations from the approved construction drawings: '
5. The Distrk:t reserves the right, 'upon prior notice to the Permittee, to conduCt on-site research to
assess the pollutant removal efficieincyof the surface'Water management system. The Permittee
may be required to cooperate in this regard by allowing on-~ite access by District representatives,
by allowing the installation and operation of testing and monitorin'g equipment, and by ,allowing
other assistan.ce measures as needed on site.
Permit No.: 44028556.000
Page 5
September 16, 2005
8. Permanent manatee warning and information signs ("Manatee Basics for Boaters" and "West
Indian Manatee Fact Sheet") shall be installed (facing land) and maintained at Boat Docks prior to
beneficial use or operation of that facility(ies). The Permittee shall contact the Florida Department
of Environmental Protection, Division of Marine Resources, Protected Species Management (620
South Meridian Street, OES-BPS, Tallahassee, Florida 32399-1600) for manatee warning and
information sign location requirements. Manatee Warning and Information signs and pilings shall
be maintained, in a'ry1anner acceptable to the District, for the life of the facility(ies) by the
Permittee or the operation and maintenance entity.
9. The District, upon prior notice to the Permittee, may conduct on-site inspections to assess the
effectiveness of the erosion control barriers and other measures employed to prevent violations of
state water quality standards and avoid downstream impacts. Such barriers or other measures
should control discharges, erosion, and sediment transport during construction and thereafter.
The District will also determine any potential environmental problems that may develop as a result
of leaving or removing the barriers and other measures during construction or after construction of
the project has been completed. The Permittee must provide any remedial measures that are
needed.
10. The District has requested that the Department of Environmental Protection's Recurring Revenue
Section of the Bureau of Land Administration prepare the Standard Lease instrument.
Construction on sovereign submerged lands shall not begin until this instrument has been
executed to the satisfaction of the District.
11. No temporary mooring uses such as visitor slips, slips for time-sharing condominiums, water
taxis, or rental boats shall be permitted. Daytime mooring of boats in locations not designated as
slips on the construction plans shall be prohibited. Live aboards and non-recreational boats shall
be prohibited. Fish cleaning stations shall be prohibited.
GENERAL CONDITIONS
'1. The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by
reference and the Permittee shall comply with them.
PROPRIETARY GENERAL CONDITIONS
1. The general conditions attached hereto as Exhibit "B" are hereby incorporated by reference and
the Permittee shall comply with them. '
~~
Authorized Signature
-
loJ ~ @ If Ii IV] It lID,
UU JAN 2 7 2D06 lill
OEVElOPtvll-:Nl ':iE~\lICES DEPT
_ cn ~..:!. CL~:AHWATER
An Equal
Opportunity
Employer
Heidi B. McCree
Chair, Hillsborough
Talmadge G. ~ Jerry" Rice
Vice Chair, Pasco
Patsy C. Symons
Secretary, DeSoto
Judith C. Whitehead
Treasurer, Hernando
Edward W. Chance
Manatee
Jennifer E. Closshey
Hillsborough
Nell Combee
Polk
Thomas G. Dabney
Sarasota
Watson L Haynes"
Pinellas
Janet D. Kovach
H i1lsborough
Todd Pressman
Pinellas
David L. Moore
Executive Director
Gene A. Heath
Assistant Executive Director
WIlliam S. Bilenlly
General Counsel
PTS~
Southwest Florida
Water Management District
~ ~"" nZ;;i~;j?D}';{;;;;]'''h', .'::1'.[2iI{~gll;J.;!};;:'"~'''''''
2379 Broad Street, Brooksville, Florida 34604-6899
(352) 796-7211 or 1-800-423-1476 (FL only)
SUNCOM 628-4150 TOD only 1-800-231-6103 (FL only)
On the Internet at: WaterMatters.org
Bartow Service Office
170 Century Boulevard
Bartow, Florida 33830-7700
(863) 534-1448 or
1-800-492-7862 (FL only)
SUNCOM 572-6200
Lecanta Service Office
Suite 226
3600 West Sovereign Path
Lecanto, Aorida 34461-8070
(352) 527-8131
SUNCOM 667-3271
Sarasota Service Office
6750 Fruitv! ile Road
Sarasota, Florida 34240-9711
(941) 377-3722 or
1-800-320-3503 (FL only)
SUNCOM 531-6900
Tampa Service Office
7601 Highway 301 North
Tampa, Florida 33637-6759
(813) 985-7481 or
1-800-836-0797 (FL only)
SUNCOM 578-2070
September 14,2005
Dale Adams
Department of Environmental Protection
Division of State Lands
Bureau of Public Land Administration
Submerged Land Section
3900 Commonwelath Boulevard, Mail Station 125
Tallahassee, FL 32399-3000
Subject:
Proprietary Authorization Instrument Preparation Request
Board of Trustees File No.: 520338903
SOV Record No.: 575.000
Associated REG No.: 44028556.000
Project Name: Bay Harbor Multi-Use Docks
County: Pinellas
Sec/Twp/Rge: 17/29S/15E
Dear Mr. Adams:
The District has taken final action on the Proprietary Authorization for the project referenced
above. Information necessary for your staff to prepare the applicable instrument is enclosed.
Prior to finalizing this instrument, I would like an opportunity to review a draft of the instrument to
ensure that the instrument accurately reflects the authorization that the District has granted.
If you require any additional information, please contact me at the Tampa Service Office,
extension 2046.
~"~
~~ r, P.E.
Tampa Regu ation Department
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PRY:PAF:elb ell', u~ CLEAHWATER
Enclosures: Delegation of Authority Action Form, Location Map, Title worksheet,
Surveyor sketch
Notice of Final Agency Action, Consolidated Permit
celene: Associated REG No. 44028556.000
Richard Wasilewski, P.E.
Mark Newkirk, Bay Harbor, LLC
~
Woods Consulting
Environmental Permitting Marine Engineering Hydrogeology Land Planning
1714 County Road 1, Suite 22
Dunedin, FL 34698
August 11, 2005
Paul R. Yosler, P.E.
Tampa Regulation Department
Southwest Florida Water Management District
7601 Highway 301 North
Tampa, FL. 33637
Re: Submerged Land Lease Survey
Bay Harbor Multi-use Docks
Application No. 44028556.000
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COPIES Sa~TTO:
----tJ-f!..--.---
, ___L~r_ __~____
__ __~ (~'/f'f?~_____
Dear Mr. Yosler:
Please find enclosed three signed and sealed surveys for the Bay Harbor submerged land
lease.
Should you require further information; please call.
My regards, -.
~p~
Terri Skapik
Senior Hydrogeologist
Woods Consulting, Inc.
Iln L€J~NI~ ~1~~6~ rn
OEVELOPMfN1 SHMCES OEPT
Cln Q!:...QL~~HWATER
cc. Mark Newkirk via fax (813-936-2228)
P:\Bay Harbor - old Mize Bayway (143-04)\Mize Bayway 36 swfwmd land lease survey.wpd
Office: (727) 786-5747 Fax: (727) 786-7479 Email'hillwoods(Q2wonr!!Sr.nn!SiJltinnnrn
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200$00081601/03/2008 at 12'40 PM
OFF REC BK: 14848 PO: 1070-1080
DocType:DEED RECORDING: $9a.oO
OfC-,
This Instrument P1GpZlI,-d By:
Joe Duncan
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
'~
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BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE ST ATE OF FL9RIDA
SOVEREIGNTY SUBMERGED LANDS LEASE
No. 520338903
PA No.'44028556.000
THIS LEASE is hereby issued by the Board ofTrustees of the Internal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the
faithful and timely performance of and compliance with all terms and conditions stated herein, th~ Lessor does hereby
lease to Bay Harbor. LLC. a Florida limited Iiabilitv companv hereinafter referred to as the Lessee, the sovereign lands
described as follows:
110) 1( a:, L~ U \~ ~ rm,~
i i \'Iu' 1 JAN 2 7 2006 ill)
I-
1 DEVELOj.JtvIFNl SERVICES OEPT
...__~~T 'I U~_';LCARWATER
TO HAVE THE USE OF the hereinabove described premises for a period of 2. years from April 5. 2005, the
A parcel of sovereign submerged land in Section 17,
Township 29 South,Range 15 East, in St. Joseph Sound,
Pinellas County, containing 5.312 square feet, more or less,
as is more particularly described and shown on Attachment A,
dated August 8. 2005.
effective date of this lease. The terms and conditions on and for which this lease is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a private multi familv residential
8-slip dockinlZ facilitv exclusively to be used for moorin~ of recreational vessels. water taxis or rental boats in conjunction
with an upland residential develooment, without fueling facilities, with a sewage pumpout facility if it meets the regulatory
requirements of the Department of Environmental Protection or local authority, whichever entity applies the more stringent
criteria, and without Iiveaboards as defined in paragraph 29, as shown and conditioned in Attachment A, and the Southwest
Florida Water Management District, Consolidated Environmental Resource Permit No. 44028556.000, dated Seotember 16.
2005. incorporated herein and made a part of this lease by reference. The construction of the structures described in
Attachment A shall be completed within the initial term hereof or within the first 5 years of the initial term if the initial term is
for a period greater than 5 years. The failure to complete the construction of all authorized structures within this time period
shall constitute a material breach of the lease causing the lease to automatically terminate upon the expiration of the initial
term or 5 years. whichever is sooner, without any right of renewal. All of the foregoing subject to the remaining conditions of
this Lease.
2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lease fee of $712.68 and 25
percent surcharge, plus sales tax pursuant to Section 212.031, Florida Statutes, if applicable, within 30 days of receipt of this
fully executed lease. The annual fee for the remaining years of the lease shall be adjusted pursuant to provisions of Section 18-
21.0 II, Florida Administrati ve Code. The Division of State Lands will notify the Lessee in writing of the amount and the due
date of the annual payment. The lease fee shall be remitted annually to the Division of State Lands as the agent for the Lessor,
beginning with the effective and due date of this lease, and each year thereafter until the term of this lease terminates or
expires.
[26 ]
3. WET SLIP RENT AL CERTIFICA nON/SUPPLEMENT AL PAYMENT: The Lessee shall provide upon.
request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two
(2) above, including the total amount of the gross receipts derived from the rental of wet slips, if applicable.. When six percent
(6%) of the gross receipts derived froIn the rental of wet slips exceeds the prorated base fee or minimum fee established
pursuant to section 18-21.011, Florida Administrative Code, for any lease year during the termof this lease, the Lessor shall
send the Lessee a supplemental invoice for the difference in the amounts for that lease year. .
4. LATE FEE ASSESSMENTS: The Lessee shall pay a late charge equal to interest at the rate of twelve percent
(12%) per annum from the due date until paid on any lease fees due hereunder which are not paid within 30 days of their due
dates.
5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease, the Lessor is hereby specifically
authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional
years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation
of annual lease payments as specified in paragraph two (2) above.
6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall secure, maintain, and keep all records for the
entire term of this lease, plus three (3) additional years. This period shall be extended for an additional two (2) years upon
request for examination of all records and accounts for lease payment verification purposes by the Lessor.
7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein and as conditioned by the Southwest Florida Water Management District Consolidated
Environmental Resource Permit. The Lessee shall not change or add to the approved use of the leased premises as defined
herein (e.g., from commercial to multi-family residential, from temporary mooring to rental of wetslips, from rental of wets lips
to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or
temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wets lips, etc.), shall not change
activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit, or shall not change the type of use of the riparian uplands without first obtaining a regulatory
permit/modified permit, if applicable, and the Lessor's written authorization in the formof a modified lease, the payment of
additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization
under the modified lease.
8. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land,
or the use thereof, may be purchased, sold, or re-sold. .
9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain a
leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be
terminated aUhe option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in
the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the
existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to
effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee fromresponsibility
for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or
penalty assessments incurred prior to such act.
10. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
Page -L of l.L- Pages
Sovereignty Submerged Lands Lease No. 520338903
1-0). fE @ l~ IHV? fE rm
UU . JAN 2 7 2006 W
DEVELOPMENT SERVICES OEPT
, CITY Of CLCAHWAfER
11. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee sha~l investigate all claims of every
nature arising out of this lease at its expense, and shall indemnify, defend and save and hold harmless the Lessor and the State
of Florida from all claims, actions, lawsuits and demands arising out of this lease.
12. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such
litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
13. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the
provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, it
successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,
or in the event the Lessee violates any of the provisions and conditions herein, or fails or refuses to comply with the provisions
and conditions herein set forth within 20 days of receipt of the Lessor's notice to correct, this lease may be terminated by the
Lessor upon thirty (30) days written notice to Lessee. If canceled, all of the above-described parcel of land shall revert to the
Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this lease shall be paid by the Lessee.
All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent
by U.S. Mail to the following address:
Bay Harbor, LLC
9309 North Florida Avenue, Suite 104
Tampa, FL33612
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is
, effective.
14. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during th~
effective period of this lease.
15. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part
thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy
are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any
nuisances or illegal operations of any kind on the leased premises.
16. MAINTENANCE OF FACILITYIRIGHT TO INSPECT: . The Lessee shall maintain the leased premises in good
condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety
and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall
be subject to inspection by the Lessor or its designated agent at any reasonable time.
17. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall
post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will
provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this
lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided.
18. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
19. PERMISSION GRANTED: Upon expiration or cancellation of this lease. all permission granted hereunder shall
cease and terminate.
Page l of J...L Pages
Sovereignty Submerged Lands Lease No. 520338903
1'11'.{. ~J:~: ; I 2:~6 ~ rm
I ... U!J
! it Vt'uJP"11EN' SERVICES OEPT
!___5~ny g~ q:EARWATER
20. RENEW AI.. PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall
be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect
at that time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a
renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on
the last day of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not
grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected
thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute
an affirmati ve covenantupon the riparian upland property more specifically described in Attachment li. which shall run with
the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in
interest. .
21. REMOV AI.. OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph
13 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other
remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
22. REMOVAL COSTSILIEN ON RIPARIAN UPLAND PROPERTY: Any costs incurred by the Lessor in
removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs
and expenses shall constitute a lien upon the interest of the Lessee in its riparian upland property enforceable in summary
proceedings as provided by law.
23. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessorwithin ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the O.R. Book and pages at which the lease is recorded.
24. RIPARIAN RIGHTSIFINAL ADJUDICATION: In the event that any part of any structure authorized hereunder
is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to
remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this
paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this
lease agreement at the option of the Lessor.
25. AMENDMENTSIMODIFICATIONS: This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted,
acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of
the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized
by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that
(a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not
increase the mooring capacity of the facility.
Page ~ of ..1L Pages
Sovereignty Submerged Lands Lease No. 520338903
rID IE @ ~ II \VnE .ml
wi. JAN 2 7 20061lliJ
OEVELOPMf.N r SERVICES OEPT
CITY OF CLQ\HWATER
26. ADVERTISEMENT/SIGNSINQN-W ATER DEPENDENT ACTIVITIES/ADDITIONAL
ACTIVITIESIMINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the leased area. No restaurant or dining activities
are to occur within the leased area. The Lessee shall ensure that no permanent. temporary or floating structures. fences. docks,
pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands
without prior written consent from the Lessor. No additional structures and/or activities including dredging.
relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over
sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes. and shall
subject the Lessee to administrative fines under Chapter 18-14. Florida Administrative Code. This condition does not apply to
minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health.
safety or welfare; provided. however. that such activities shall not exceed the activities authorized by this agreement.
27. ACOE AUTHORIZATION: Prior to commencement of construction andlor activities authorized herein. the
Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the
construction andlor activities authorized herein that may be required by the ACOE shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign. submerged lands.
28. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises. the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
29. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or
persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are
authorized by paragraph one (1) of this lease. in no event shall such "liveaboard" status exceed six (6) months within any
twelve (12) month period. nor shall any such vessel constitute a legal or primary residence.
30. GAMBLING VESSELS: During the term of this lease and any renewals. extensions. modifications or
assignments thereof. Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or
vessels that are used principally for the purpose of gambling. when thes<? vessels are engaged in "cruises to nowhere," where
the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships.
/
Page ..L of J.L Pages
Sovereignty Submerged Lands Lease No. 520338903
fDJ ~@~O\!l~ rID
. unl JAN 2 7 2006 luu
OEVELOPtvlENl SEHVICES OEPT
CITY OF yLEARWATER
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FL IDA
(SEAL)
BY:
Prin ype Na e of Witness
'" ~ 2
o~. tnr~
7S~
Printffype Name of Witness
-
73~,," I '!!
"LESSOR"
STATE OF FLORIDA
~~~~ ~
The foregoing instrument was acknowledged before me this Q!!!.. day of ~~ .20 c6.'by
Jefferv M. Gentrv. Ooerations and Management Consultant Manager. Bureau of Public Land Administration. Division of State
Lands De artmen of Environmental Protection as a ent for and n b half of the Board f Trustees of the Internal 1m rovement
Trust Fund of the State of Florida. He is personally known to'm
LEGALITY:
D
My Commission Expires:
?J t(atl'ly c. QrIftIn
,. ... '. ~ commlMlOll 002&33lI7
~...l Explnll oaobef 30, 2007
Commission/Serial No.
WITNESSES:
."
'L P_,(2!tJ< @1 -/
a~f..1 Si~ture~
~PrJ~.fr ~^l'6- G Lt.l. A. P-(J '/
~edIPrinted Name of Witness
~~$. 'K. w'ClJ'r'
JJI Ct/)f) I k. J1 Cleft(
TypedIPrinted Name of Witness
STATEOFJLO'R-l DA.
COUNTY OF_1-\- \ L.l.. <5 Bo Qe) u (j.--*"
Bay Harbor. LLC. a Florida limited liability company (SEAL)
BY: Newkirk GrOUD. Inc.. a Florida corooration
its mana~~ ,~-;~' /"7
BY: .-i3'-#.;.r~..-~
Original Signature of Executing Authority
Mark E. Newkirk
TypedIPrinted Name of Executing Authority
President
Title of Executing Authority
"LESSEE"
T}:Ie foregoing instrument was acknowledged before me this 5H1 day of !)e:c..E.1Y'\ ~E; I<,
2005: by Mark E. Newkirk, President of Newkirk Grouo. Inc., a Florida corporation, on behalf of the corporation which is the
Managing Member of Bay Harbor, LLC. a Florida limited liability company, on alf of c mpan is per aUy know
to me or has produced , as identif' n
My Commission Expires: ~
, Notal'
.~\'\tll!"
l~)^Y r~",.. LAURA A. ENGEUiARDT
1*(.. MY ~OMMISSION # DO 136556
Notary Public, State of ~ (.,,(}~./ 04-.
L-/f-c/ IL A, (2.)U 6-e-L+J
Prin~.T~ ~m~~'~;12::6~ ~
OEVELOPlvlf:NT SERVICES DEPT
CITY OF CLEARWATER
Page -2... of II Pages
Sovereignty Submerged Land Lease No. 520338903
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l\ttachment A
::Iage 7 of 11 Pages
3SLL No.520338903
~
. .,'.:~:
'~
-'-'
"SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
o
~
::>
2
'~
OtVON OR t CLEARWATER
BRlqHTWATeR DRIVe
~
o
i "'Y510' OON'
PROJECT
LOCATION *
eAYWAY BOULeVARO
5 GULfVI ,.. '
e.... BOULeVARD
LOCATION MAP
(NOT TO 5CALE.)
LEGAL DESCRIPTION:'
6AY HAR60l<
Pl<OPOSf.O. SU6Mf.l<qe.O LAND LeASe. PAl<Ce.L
A PARCeL OF LAND LYINq WITHIN CLE.Al<WATE.R HARBOR IN SE.CTION 17, TOWN5HIP 29 SOUTH, RANqe
15 eAST, PINE.LLA5 COUNTY, FLOl<IDA, AND 6E.lNq MORE. PARTICULARLY DE-SCRIBeD AS FOLLOW5:
COMMeNce AT THe NORTHE.A5T CORNeR OF BLOCI:: "/0'..', LOT 7, eAY5IDE. SUBDMSION NO.5, AS PE.R
MAP OR PLAT THeReOF, AS ReCORDeD IN PLAT eool:: 36, PAqe 36 & 39 OF THe. pueuc RE.COROS
OF PINE.LLA5 COUNTY, FLORIDA; THe.NCE. N15'15'05"E. FOR 0.04-9 FE.E.T TO THE. MeAN HlqH WATE.R
UNf.; THeNce ALONq SAID MeAN HlqH WATeR UNE. N74'H'55"W fOR 13.21 FE.eT TO THe POINT OF,
Be.qINNINq; THeNCe. CONTINUE. ALONq SAlD MeAN HlqH WATe.R UNe. NH' H'55"W FOR 5.00 Fee.T:
THE.NCe. LeAYlNq SAlDME.AN HlqH WATe.R UNE. N16'47'lZ"E. FOR 19.09 FE.eT; THe.NCe. N73'lZ'04-f"W
FOR 60.00 Fe.e.Ti THeNCE. N16'04-7'lZ'f. I"OR 37.00 FE.E.T; THeNCe. 573'lZ'4e"f. FOR 141.00 Fe.e.T;
THeNce 516'04-7'IZ'W FOR 37.00 Fe.eT; THE-NCE. N73'lZ'4~'W FOR 56.00 FE.f.T; THE.NCE.
516'47',lZ"W fOR 16.95 FE.E.T TO THE. POINT OF eE.qINNINq.
CONTAININq 5,312 5QUARE. FeE.T, MORE. OR LE.55.
-
10) ~ ~ L~ U \YJ ~ rm
UU JAN 2 7 2006 ill)
OEVELOPW-NT SERVICES OEPT
SURVEYOR'S CERTIFICA TE:__ cn~~_qt:~~H\,IVATER'
I HeRe.ey Ce.RTIFY THAT THe INF'ORMATION SHOWN HeReON 15 A TRue RePR~5e.NTATION OF A
5Pe.ClrlC PURP05E. 5URVE.Y, PE.RFORME.O UNoeR MY DIReCT SUPE.RVISION 'AND ME.eT5 THe INTeNT OF'
THe MINIMUM TeCHNICAL STANDARDS AS 5eT FOR;TH IN CHAPTf.R 61q17-6, FLORIDAADMINI5TRATlVf.
CODe, PUl<SUANT TO SeCTION 04-n.OZ7 FLORIDA 5TATUTE.5. '
qULFCOA5T 5Ul<VE.Y A550CIATE.5. INC. L.e. 6711
, '
W ~\.ORIDA ;e,~
! \\tct~t\) ~~
is. \~ t~~
, en ~~\\\\)~~wrr~
, ~ti'AGEMt.~ ~ .
SPECIFIC PURP SE SURVEY
THIS IS NOT A BOUNDARY SURVEY.
BAYHARBOR-PROPOSED SUBMERGED LAND LEASE PARCEL
II G' ULFCO~ST DRAWN BY: C~K APPROV~D BY: Ce.K
.... DAT~: AU~U5T 6, 2005
. . . ~
SUR V E Y ASS 0 C I ATE S IHC. Joe NUMef.R: 4e1'505076
.., ~.~_ ~.y_~. ~_o_~.~...; _.~~ ~..p :_~_~ .:__~ L_A_~,_~ ~'_~.~ FILe. LOCATION: 5:\G~~A\05076\lANO LfA5e.\05076-LLOWG
~l-1G. ~ J6,~,.:-
CYNTH e. I:.NOPK.A
PROFE.5510NAL 5Ul<Ve.YOR, AND MAPPe.l? I\lf'I Amn
5TATe. OF FLDRIOA
DATE. _
~ v:J 0-:;-
.
BAY HAR.BOR.
600, 606 & .612 BAYWAY BLVD.
CLeAR.WATe.R., FL 33767
Attachment A
Page 8 of 11 Pages
SSLL No.5200338903
SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
IlL,
NOTES
1. NORTH, ORltNTATlON sHOWN HeRf.ON 15 A5SUME.D.
Z: THIS 15 A FIE-LD SURVE.Y.
.3. BOUNDAR.Y UNf.S, R.IPAR1AN UNE.5 & PROPOSE.D IMPROVf.ME.NTS
SHOWN HE.Rf.ON Pf.R WOODS CONSULTIN~, INC.
4. MEAN Hl~H WARR UNE. SHOWN Hf.RE.ON IS APPROXIMATE. ONLY &
15 NOT INTE.NDE.D TO DE.PICT THE.' LE.~L BOUNDARY BE.TWE.E.N
PRIVATE. AND STATE. LANDS.
5. COORDlNATE.S SHOWN HE.I<E.ON PE.RNAD e~ WE.ST ZONE. OF
FLORIDA, 'SHOWN IN US SURVE.Y FE.E.T, AND WE.RE. DE.RlVeD FROM
SCAUN~ OF U5Ci5 QUAD SHE.E.T: PINE.LLAS.
LINE
L1
L2
L3
L4
L5
L6
L7
La
L9
L10
\ \
,-._~)
LINE TABLE
BEARING
N 15'1505' E
N 74'4455 W
N 74'4455' W
N 16'4712 E
N 73'1248' W
N 16'4712" 'E
S 73'1248'E
S 16'4712 W
N 73'1248' W
S 16'4712" W
DISTANCE
0.49'
13.21
5.00
19.09
80.00
37.00
141.00
37.00
56.00
18.95
LEGEND
PARK.E.I< K.ALON NAIL
POINT OF BE.CilNNINCi ,
POINT OF COMME.NCe.ME.NT
SQUAR.E. Fe.E.T
( /
<.t.:'
PI(
POB
POC
SF
(
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,". l
l., .....f
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)
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/1 ,/
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1.........
p~OPoSeD SUeMe~qeD
LAND LeASe PARceL
~> AREA = 5,312 SF~
:.4 ~\.ORID4 ~
~v ~~
g RtCt.N'i.Q fJ~
,~ ~ \'l. ~~~
\\'U RR\);~~~?~ ~
~4t.4GE t~ ~~,
SPECIFIC P SE SURVEY
THIS IS NOT A BOUNDARY SURVEY.
BAYHARBOR-PROPOSEDSUBMERGED LAND LEASE PARCEL
Il~ GULFCO~AST DRAWN ey: cel( APp~oveD ey: cel(
.. ~ DATE.: AUqUST 6, 2005
· · SUR V E Y ASS 0 C I ATE S tic. Joe NUMeE.R: 481505076
...... SUR V E YO R S - MAP PER S - P LAN N E R S FILE. LOCATION: 5:\GC5A\05076\LA.ND ~5f.\05076-LLOWG
.,0
40'
eo'
SCALe: 1"
= 40'
BAY HARBOR
600, 606 & 612 eAYWAY BLVD.
CLE.ARWATE.R, FL 33767
.-'
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Mar. 14. . 2~0511'l27AM
No.0047 P. 2
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'PrepUD" by/r~ tol
}l{lckolu C. Bkonomidcs
NiQlcolu C. Bkonomidoa, P.A.
. 791 Baywa)'BowtNud
Clearwater. Flotilla 33767 '
KIN IlUA- C ' .
PINI!LLAS"'"' U~ 011 COUIfT
INI~ 2Oa~~Nty PL~'DA '
D~ "10 Bkr 1:::0021,4,"'00'<< 02:'1 PM
. '~':fi~~~~:~~~~i~1~.IO. '
GENERAL WARMm'Y.DEBD .
T8xS WAIUWiTY x>i)j,D,'EitCOUtCdthil.62/'~ '~Y"'~~PCbN8Ji' 200~, by B~~.~Qh Suites, Il1c.. a fl9rlda'
C9iporation, whoscadd.rcllla '600 BII~IIY BO\llevud,ClcirWa~r,'Flori4A 33767, Ormtor-,to Bayaazbor, LLC, a Florida limited
U~bl1~ty oompmy, w~oa. addrcaa 11930~ N~rth Plori.~ i\venuc~ T~P~' Plori.4a, 33612. at Oiintee*. '. . . .
WITNESSETH. that laid Onntof, f\>und iD 9~idcraUon of~..wii ots. 0;00 and alhe~'V_I\lablo cOl'lllderaUou to ll'1d
GraDtor ill bantl pileS. by Orantoe. tho r090ipt Ad whereot!. hotoby ~knowlodie4. wsranted, bUlam.d, .nd told ~.tho Grant..,
and Orant"', hoirllmfaealina forever, tho followini cie$orlbcd llWd,altuAtO,lyitli Ilnd b~1na i11 IhCI'County'ofPincUas. Stale ~f
FlQridaj to wit: '" . , ,', " . . '. . ' , ,
Lot 6. Block ~ SA YSIDB. SUBDIVisION NO.5. locorcSJDa to tho fnap or ,plat Cheroot, M "
reoarded in Plat Book 38, Paaoa 38l11cl39,oftho Publlo Reoor4so.tPlne.11aa COW1t}'._~__
:Florida. . . ,.,. '11~O" [~@ r~ n \Y1 ~ ~
ParoeUD N 17/2Q/1510~004/00l/0060 W ~
Saidpropert)',ls not the homestcs.d. or~o Cranlol. . j: Td . .JAN 2 ! 2006 ~
StnlJBCT TO cov~nanta, ~~OUON, e~el11enlS IW(\ roaorvllloll4 ofrooord auc1 taxCl f~ th Yi~l 1\11 SHWICES OEPT
8ubloq,\lOnt ye'~ 110t )'$t duo ~d payable. ' ! ..___.. (;1 \ .~., .::!..~ ~~\:-~::8-~VATER
, " TO:Q.A ':'E ~n ~o ilOLTJ tho nmo toaothorwithaU and ~ar~pmentl, hmd.lwnentl and aw.incoa thereunto
belo~ or in 1ln)'Wiao apponalDins, IIJ)d aU the privl1'a.,ri&h~ tillfl,l.t1tereat, eallto. Utn. ,qwtY and claim whatsoovol'ot~tor.
either 14 law or equity. to ~ only proper \JItl,btJDeRl andbcboof' of Oratltoe in fee .wr1o forO'Vet. '
AND laid Grantor doe. hero~~ 1\111)' wanant tho tlUo to nld.land, andwlll d~t'oud the 8AJ1l0 IlgaUllt rho laWful clai.r.na of aU
porions whomaoovor.', . ' . , . '
. ~_...........
, t'":.lOPIOi
."Orantor" mc1"OIAnIOD" 8J:e usod Cor aingul,ar pr plurAL, M Q~Jlloxt requJ.res~ . (/'~, ~,<,~.
IN wiTNESS ~BEREOr, Grantor ~I aiirl04 and BOiled thole prcacllu the day and Yeu tint, abo~o writton\W, ';. 'iW":~ 't~~Jt.
,"'" " \~1H '.
Signed, Soa16t14 Delivered in the prosence of: ~t'tN . I~ir
. ' Baywatch Swlos Inc. . li( l~ rt?/
.WMI"''''
~k.
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Attachment B
Page 10 of 11 Pages
SSll No.5200338903
Ma,r, 14, 2005. 1.l:21AM
,No,"0047 p, 3
. .
ST.4Z1i OP FLOP.1DA
cOUN'!'T 0/1' 1'1NBLUS
t HBRBBYCBRTIFYTIiAT BSPOlW ME perlonally'appeared Lisa Pennlna*Haddll', u Pl'IIldanl otBaYWltM Sult.,lI1o., :
whQ ia ~.onallY known t.Q be the PI'f8CI1 dt80ribec1 U\,thll,~voyano$,'ot who prol1uocda vaUd " " . , .
n~bet ' ' ' lit {dont1ftoaUo.o. and who, did tab an OAth and aoJenowlcdaed tho txmlUOt1 ofthU JnstnlIli~n~ to
bo hi. froo Aot and. deed for the USllB am therein ~prom'd. " . ' ',' " ,
',WlTNBSS my hm4 anl1 OmO'illlllca) 4llhc county and atato 1a.tafCl~ald this /~I ~ ~)' ofF~bNa.ry 2005, ",
, ~'l.Vf.l,'IM.!I.' Patricia J. Ccelen
J~~"l'\ Commtulon NDDza030,
\~\.~' ,,~,I.~ B"plre.: Feb 15, ~008 '
~r; AI . \\', IICJldt4. 'l'hni
II 11 I 1\ ^\\~llnlon4lnl C~..1nOI
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Attachment A
Page 11 of 11 Pages
SSLL No.520338903
..... ,
01/20/2006 16:51
8137697061
USACE TAMPA REGULATV
PAGE 10
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINeERS
10117 PRINc:I5SS PALM AVENUE, SUITE 120
TAMPA, FLORIDA 33610
RIPLYTO
ATTEiNTlCN OF
December 29, 2005
Tampa Regulatory Office
SAJ-200S-2519-LP-PEB
Mark Newkirk
Bay Harbor, LLC
9309 N. Florida Avenue, suite 104
Tampa, Florida 33612
Dear Mr. Newkirk:
This is in reference to your request for a Department of
the Army (DA) permit to perform work in or affecting waters of
the United States. If you determine that the permit provided
is acceptable in its entirety and you have dhosen to proceed
with the authorized activity, then upon recommendation of the
Chief of Engineers, pursuant to section 10 of the Rivers and
Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the
Clean Water Act (33 U.S.C. 1344), you are authorized under a
Letter of Permission
to construct an T-shaped multi-family dock for eight boat
slips, and place seven mini bay balls under the main platform.
The project is located at GOO, 606, & G12 Bayway Boulevard, in
Clearwater Harbor, in Section 17r Township 29 Southr Range 15
East, Clearwater, Pinellas County, Florida.
Geographic position: Latitude 27.968195796
Longitude -~2.8264961309
The project must be completed in accordance with the seven (7)
enclosed construction drawings, and the general and s~ecial
conditions which are incorporated in, and made a part of, the
permit.
Speaial Co~dition~:
1. Submittals required herein shall be directed to:
Department of the Army
Jacksonville District Corps of Engineers
Regulatory Division, Enforcement Section
P.O. Box 4.970
Jacksonville, Florida 32232-0019
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01/20/2005 15:51
8137597051
USACE TAMPA REGULATV
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2. Within 60 days of completion of the work authorized and
any mitigation requirements, the attached "Self-Certification
Statement of ComplianceH shall be completed ~nd submitted to
the U.S. Army Corps of Engineers.
\)<
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3. The permittee understands and agrees that, if future
operations by the United states require the removal,
relocation, or other alteration, of the structures or work
herein authorized, or if in the opinion of the Secretary of
the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be
required, upon due notice from the Corps of Engineers, to
remove, relocate, or alter the structural work or obstructions
caused thereby, without expense to the United States. No
claim shall be made against the United States on account of
Qy such removal or alteration,
4 The permittee shall take the actions required to record
is permit with the Clerk of the Circuit Court, Registrar of
Deeds or other appropriate official charged with the
responsibility of maintaining records of title to or interest
in real property within the county of the authorized activity.
You must, no later than 90 days after the date of this DA
permit, provide a copy of the recorded permit clearly showing
a stamp from the appropriate official indicating the book and
page at which the permit is recorded and the date of
recording. Failure to properly record this permit may result
in a non-compliance aotion to be initiated against you.
5. The permittee agrees to abide by the enclosed Standard
Construction Conditions for in-water work 2005 designed to
protect the endangered West Indian manatee, and the Standard
Manatee Educational/Awareness Sign Conditions 2005.
6. The permittee agrees to install signs to provide seagras6
protection zone by clearly marking the end of each dock as ~No
MooringN sites. The signs shall be installed in accordance
with the approved methods for posting seagrass beds shown on
the enclosed "USCG & FWS Approved Signage for Marking
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01/20/2006 16:51
8137697061
USACE TAMPA REGULA TV
PAGE 12
-3-
Areas.N The location and number of signs is depicted in the
attached sheet 4 of 7.
7. In the case that the bay balls migrate, the applicant will
be responsible to restore the bay balls to the authorized
locations.
8. The permittee shall notify the District Engineer's
representative, at the Regulatory Div~sion, Enforcement
Section of:
a. The date of commencement of work;
b. The dates of work suspensions and resumption's if work
is suspended over a week; and,
c. The date of final completion.
If the work authorized is not completed on or before
December 29, 2010, authorization, if not previously revoked or
specifically extended, shall cease and be null and void.
Please be advised that you have cert&in options allowing
you to appeal this permit decision which are outlined in the
enclosed "Notification of Administrative Appeal Options and
Process and Request for Appeal~ form. It is very important
that you read and understand the options provided. Acceptance
of this authorization and commencement of the authorized
activity indicates that you accept the permit in its entirety,
and waive all rights to appeal the permit, o'r its terms and
conditions. If you choose to appeal the permit modification
you must follow the instructions provided for the appeal
process as noted in Part B of the enclosed form. The completed
form must be mailed to the following address:
Commander, South Atlantic Division
U.S. Army Corps of Engineers
ATTN: Appeals Review Officer
CESAD-CM-CO-R, Room 9M15
60 Forsyth St., SW.
Atlanta, Georgia 30303-S801
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01/20/2006 16:51
8137697061
USACE TAMPA REGULATV
PAGE 13
-4-
Should you have any questions regarding this letter,
please contact Cynthia Wood in writing at in writing at the
letterhead address, by email at;
cynthia.J,Wood@saj02.usace.army.mil, or by telephone at
(813)769-7070.
The Corps Jacksonville District Regulatory Division is
committed to improving service to our customers. We strive to
perform our duty in a friendly and timely manner while working
to preserve our environment. We invite you to take a few
minutes to visit the following link and complete our automated
Customer Service Survey:
http://www.saj.usace.army.mil/permit/forms!customer_service.ht
m. Your input is appreciated - favorable or otherwise.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
~A.~
Robert M. Carpenter
Colonel, U.S. Army
District Engineer
Enclosures
Copies Furnished: (w/enclosures)
Woods Consulting, lne
1714 CR 1, Suite 22
Dunedin, Florida 34698
Mark Sramek, Habitat Cons. Division
Noaa, National Marine Fisheries Service
263 13th Avenue South
St. Petersburg, Florida 33701
US Fish and Wildlife Service
Jacksonville Ecologioal Services Field Office
6220 Southpoint Drive South, Suite 310
Jacksonville, Florida 32216-0958
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