HomeMy WebLinkAboutExhibit12Exhibit 7.5
Existin Permit
GY&S/208223.17
' -MIAMI-DADE COUNTY, FLORIDA
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ENVIRONMENTAL RESOURCES •MA AGE MIENT
• N,QURAL,RESOURtES DIVISION
1, • • • 33 3.W.'2 d AVENUE
MIAMI, FLORIDA 33130-1540
•FAX
(3OS) 372-6-6e64
(305)•37A830
tARxNE 'ACILITIES
ANNUAL OPERATING ;EMIT
DESCRiPTIOH .or YXCzarili41T P 1 •• •
This document, issued under the•provisiona of -Chapter 34, Miami -Dade County Code (Ordinance Numbs&.
89-104), shall be valid'from Si-OCT-2302 through 30-SSP-2003. The above named penmittee, is hereby
authorized to .operate the marine facility at the abbve'1ocation which consists of. the followings
cio,omercial YacilitY•
Conmerctal vessel operations with ieose. than one boat }.grated its any recreational or commercial marine
in Dadi county will require individual permits.
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as listed below and in the following pages (if any) of thta
•ccrdanee with the •Best Hanagaeneat Pzacticss* attached hereto
se part of this permit.
usly execyted local, state, and federal permits issued for
shall be, enforced.,
•tit structuria in.on, over, or upon tidal waters, unless
are psoipitsd.; •
portable purpout syatems.regcired at this facility
.-_ is shall be .maintained .on site and in fully operable
> sewage to the sanitary sewer system. Designated slips
-v all tises:except•while a'veaael is discharging sewage
overboard discharge of sewage to tidal.waters from
-c also includrn discharges from approved Coast Guard
'devices. All vessel occupants shall.use•shoreside
cb a Coast Guard approved bolding tank ay¢tem or is
- pumpout system.
maintain a aubmezyed land lease from the state of
--rated over state -awned submerged lands. Use of
- or other form of ecanent from the state of Florida is
•
rmi-Dade County •
srtauent of 7nviroxmenta: reaouxcea Management
Page 1 of 2
. prohibited.
6. amass other'iac approved by DEEM, fueling of vessels at this facility shall be prohibited. .
Facilities approVdd for fueling operations shall maintain on -site spill prevention, bm+Q+rminn ' t,
and recovery equipeent and materials including. but not limited to. absorbent pads, hooch, and--
. ',veep, and-shillmaintain staff trained in the deployment and operation of said equipmeWatnilir'
times.•'flae7jng•it•approved facilities shall be conducted only at.the designated ;ueling YoeiCLot
in or4er to'CCttaia.any spills tbat may occur. A floating containment boom large eneugh'te; .
Delon the, area of the.vessel.being fueled, but with a •m,,inisonnlength of fifty (50) Eeet, • shall
be availabltat most tines during fueling operations. Said equipeent sball be deployed aid •
Operated iz possible when spills occur.
7. The maximum number of vessels that maybe stored, docked or moored at this facility may not
exceed the -Dumber of slips as referenced above in this Operating permit. This condition shall not
apply to appurtenant vessels such as dinghies and tenders that are associated, by ownership,
design and common usage, vitb a•prinary vessel docked, moored or stored at the. taeil.tty, and
therefore, are affixed to/carried by and stored on the primary vessel. •
catno= osnortSONO-
8. Tbs applicant; by acceptance of this document, agrees to operate and maintain the subject
operation Bo as to comply with the requirements and standards of Chapter 24 of the Coda of
Miami -Dade County.
9. if for any season, the applicant does not comply with ar will be unable to comply with any
condition or limitation apecified'on this document the applicant imme
diately ediately notify and
provide the department with the following information; (a) a description of and cause of
. non-cix,pliance! and (b) the period of non-compliance including exact dates and times; or, if not
corrected; theanticipated.time the non-compliance is expected tit continue, and steps taken to
reduce, eliminate, and prevent recurrence of the can-eompliaoce. The. applicant shall 'be
respoonible for any and all damages which'may'reault and maybe subject• to enforcement action by
the department for penalties or revocation of this document.
10. As provided in Section 24-30 of the Code of Miami -Dade County, the prior written approval of the
•Departaa+nt of navirprynental•Resources Management ebell be obtained•for any alteration to this
facility.
11. The iscuance of Chia docinent'does not convey any vested tights or any exclbsive privileges. Nor
does it autborire any injury to public or private,property or any invasion of personal rights,
nor any infringement of federal, state or local laws or regulations, .$or does it relieve the
applicant Eros liability for bens or injury to human bealth or welfare or property.
12. This document is required to be posted in a conspicuous location at the facility site during the
• entire period of operation. • . •
13. This docume• nt is not transferable. Upon sale or legal transfer of the property of facility
covenne-1,y this document, the applicant shall notify the department within thirty(30) days. The
'new owner evst apply for a permit within thirty (30) days. The applicant shell, be liebls.for any
non-compliance of the source until the trana£erree applies for. and receives a transfer of this
document. • ' ••
14. Tee applicant, by acceptance cf thii document, specifically agrees to allow ac• cess to the named
• source at -reasonable tine.'by department personnel presenting credentials for the purposes of
sp inection and testing to detetnin, compl.ianoe with tbii.document.and department rules. •
•
ln. This•dcceraant does aot'ind.tcate a waiver'cf'or approval.of any other department permit that may .
be =squired ior,othet• aspects of this facility. . • '
in. This docameat•does not constitute -an approval by BEAM or certification tha• t the applicant -is in
. compliance:with applicable laws,.orditaacaarule. Or regulations. The applicant acknowledges .
that separate enforcement actions may ba initiated by DER?I and tbat this document does riot
constitutecompliance with orders issued in conjunction with enforeemcnt.nctions for eotreetioa
of violations. .. '
17. Failure to coaplyvith any condition of this document, or the standards as set forth in Chapter
24,Code-of Miami -Dade County nay subject the applicant to the penalty provisions of said Chanter
?ntiuding civil penalties up to 625,000 per day per offenae and/or criminal penalties of $50015er
day and/or sixty (60) days in jail.
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Page 2 of 2
1.
Exhibit 12.2
Permitted Title Exceptions
Bulkhead line as shown on the plat recorded in Plat Book 74, Page 4.
2. Oil, gas and mineral reservations as set forth in that Deed from the Trustees of the
Internal Improvement Fund to the City of Miami, filed April 11, 1949 in Deed Book 3130, Page 257
under Clerk's File No. Y-29610. Note: The right of entry has been released pursuant to [TO BE FILLED
3. Agreement for Water Facilities recorded March 13, 1998, in Official Records Book
18016, Pagc 2892.
4. Agreement for Sanitary Sewage Facilities recorded April 14, 1998, in Official Records
Book 18058, Page 1 12.
Resolution No. 98-23, recorded January 19, 1999, in Official Records Book 18699, Page
1236.
6. Easement in favor of the United States of America set forth in that Grant of Easement for
Miami Harbor Turning Basin, recorded April 22,1963, in Official Records Book 3622, Page 751.
7. Perpetual Easement in favor of Florida Department'of Transportation recorded March 13,
1998 in Official Records Book 18018, Page 1181.
NOTE: All recording references are as to the Public Records of Miami -Dade County, Florida.
GY&S1208223.17