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RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF
MIAMI-DADE COUNTY
Whereas, the undersigned,theCity of Miami,holdthefeesimpletitletothe
landinMiami-DadeCounty,Florida,describedinExhibitA,attachedheretoand
incorporatedherein byreferenceandhereinaftercalledtheand
This Restrictive Covenant is proffered for acceptance by Miami-Dade County as part of,
or as a condition of, Class I Permit CLI-2018-0411pursuant to Section 24-
48.2(II)(B)(10)(c) of the Code of Miami-Dade County, and
InordertoassuretheCountythatrepresentationsmadebytheOwnersduring
considerationofthis permitapplication willbeabidedby,theOwnersfreely,voluntarily,
andwithoutduressmakesthefollowingRestrictiveCovenantcoveringandrunningwith
the Property:
1.
as the portion of the Property depicted on Exhibit B Proposed Conditions
Proposed Red Mangrovecurrently
existsas a halophytic wetland and will be enhanced through the planting of
mangroves. The Owners shall be responsible for preserving and managing the
Mitigation Areaand shall ensurethat the Mitigation Area is not disturbed or
removed for the life of this Restrictive Covenant.
2.TheOwneragreesandcovenantsto Miami-Dade County that there shall be no
trimming, cutting, removal, or alteration of mangroves at the Property withoutthe
Ownersfirst obtaining a Class I permit, unless such activityis exempt from
permitting pursuant to sections 403.9321-403.9334,Florida Statutes.
3.TheOwner shall be responsible for maintaining the Mitigation Area free of solid
waste, exotic pest plant species,and nuisance species for the life of this Restrictive
Covenant.
4.The Owner agreesand covenantsthat exotic pest plant species and nuisance
species shall be eradicated to facilitate recruitment of mangroves and success of
the Mitigation Area. If the removal of any exotic pest plant species and nuisance
species will result in disruption to wetland vegetation or wetland soils, then removal
Section-Township-Range: 42-31-53
Folio Number: 01-3231-000-0021
shall be done by cutting and leaving the stump in place. Cut exotic vegetation shall
be treated with an appropriate herbicide within one hour of cutting. The treated
stumps will be left in place to prevent disruptionto wetland soils and to allow for
re-treatment with an herbicide if necessary. All cut material will be removed and
properly stored or disposed of in accordance with all Federal, State, and local
regulations.
5.TheOwner agreesand covenantsto implement and maintain appropriate erosion
control measures and methods to prevent impacts to tidal waters and wetlands, to
prevent erosion of fill material into the Mitigation Area and adjacent mangroves
andwetlands.
6.TheOwner shall notify Miami-Dade County in writing not later than thirty (30) days
after any conveyance, sale, grant or transfer of the Property or any portion thereof,
to any heirs, successors, assigns or grantees.
7.TheOwner agree and covenant that approval of this Restrictive Covenant neither
authorizes nor constitutes a permit of any kind for work in, on, over, or upon
wetlands or tidal waters at or adjacent to the Property.
8.The term Owner shall include the ownersand their heirs, successors and assigns.
9.This Restrictive Covenant shall run with the land and shall be recorded in the Public
Records of Miami-Dade County, Florida and shall remain in full force and effect
and be binding upon the owner, and their heirs, successors, grantees and assigns
until such time as same is modified or released in writing by Miami-Dade County
pursuant to the provisions of Section 24-48.2 of the Code of Miami-Dade County.
10.This Restrictive Covenant and the provisions contained herein may be enforced
against any person permitting, allowing, letting, causing or suffering any violation
of the terms of this Restrictive Covenant by DERM, or its successor, by temporary,
permanent, prohibitory, and mandatory injunctive relief as well as otherwise
provided by law or ordinance and also may include an action for and to recover
Miami-Dade County against said person(s) as authorized by law or ordinance. All
of the remedies provided herein shall be deemed to be independent and
cumulative and shallbe deemed to be supplemental to any remedies provided by
law or ordinance.
11.No cancellation, revision, alteration,or amendment of the Restrictive Covenant
shall be effective without prior approval from Miami-Dade County pursuant to the
provisions of Section 24-48.2 of the Code of Miami-Dade County.
12.This Restrictive Covenant is to run with the land and shall be binding on all parties
and all persons claiming under it for a period of thirty (30) years after the date this
Restrictive Covenant is recorded, after which time it shall be extended
automatically for successive periods of ten (10) years each, unless the Restrictive
Covenant is modified or released by Miami-Dade County.
Section-Township-Range: 42-31-53
Folio Number: 01-3231-000-0021
IN WITNESS WHEREOF, the undersigned have caused this Restrictive Covenant to be
executed this ____ day of _____________________, 2021.
Witnesses:Property Owner: City of Miami
Sign__________________________Sign__________________________
Print_________________________Print__________________________
Address_________________________Address_________________________
Sign__________________________
Print__________________________
Address_________________________
Section-Township-Range: 42-31-53
Folio Number: 01-3231-000-0021
STATE OF FLORIDA, COUNTY OF MIAMI-DADE
__________________________
________________________________
(Date)(Insertname)
State of Florida
County of Miami-Dade
Sworn to (or affirmed) and subscribed before me by means of (how the individual
appeared check one):
physical presence online notarization this ______ day of _______, 20_____.
(date)(month)(year)
by
______________________________________________________________________
_
Individual identified by: personal knowledge satisfactory evidence
________________.
(type)
______________________________________
(Signature of Notary Public)
______________________________________________________
(typed, printed, or stamped name of Notary Public)
(Affix Florida Notary Seal above)
Section-Township-Range: 42-31-53
Folio Number: 01-3231-000-0021
LICENSE, ACCESS AND INDEMNIFICATION AGREEMENT
This License, Access and Indemnification Agreement (the “Agreement”), made
and entered into this _______ day of ___________, 2021 (the “Effective Date”), by and
between the City of Miami, a municipal corporation of the State of Florida whose principal
address is 3500 Pan American Drive, Miami, Florida 33133 (“City” or “Licensor”), and
__________________________, organized under the laws of the State of _________ and
qualified to transact business in Florida, whose principal address is
_____________________________________ (“Licensee”), is entered into as follows:
WITNESSETH:
WHEREAS, the City is the fee simple owner of certain real property located at
1099 MacArthur Causeway, Folio No. 0132310000021, Miami, Florida, known as Miami, Florida, known as Miami, Florida, known as the
Watson Island Boat Ramp Mitigation Area and certain appurtenant uplands and submerged appurtenant uplands and submerged appurtenant uplands and submerged
lands, as depicted in Exhibit “A,”attached hereto and made a part hereof (the “Property”); attached hereto and made a part hereof (the “Property”); attached hereto and made a part hereof
(the “Property”);
and
WHEREAS, the City has agreed to permit the Licensee toagreed to permit the Licensee toagreed to permit the Licensee to, without limitation,
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plant, place,install, inspect, and/or monitorinspect, and/or monitor mamamangroves, ngroves, ngroves, rip raprip rap, and associated other
materials at the Property, and to remove certain exotic vegetation from the Propat the Property, and to remove certain exotic vegetation from the Propat the Property, and to remove certain
exotic vegetation from the Property, as
required as part of an overall mitigation project part of an overall mitigation project part of an overall mitigation project (((the the the ““ActivityActivityActivity”), as described
and depicted
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in DEP Permit No. 0181285-014-BIBI (including associated concept permit drawings but (including associated concept permit drawings but (including associated concept permit drawings but
without other permit attachments)without other permit attachments)without other permit attachments) attachedattachedattached as as as Exhibit “B”Exhibit “B”Exhibit “B” hereto and made
a part hereof;
and
AA
WHEREAS, the Licensee desires to obtain from the City and the , the Licensee desires to obtain from the City and the , the Licensee desires to obtain from the City and the City desires
to
grant to the LicenseeLicenseeLicensee, its agents, representatives, employees, consultants, and, its agents, representatives, employees, consultants, and, its agents, representatives,
employees, consultants, and contractors
an exclusive license to use, access,license to use, access,license to use, access, and occupy the Propertyand occupy the Propertyand occupy the Property, including, without limitation,
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access rights to enter upon the Property, all for the purpose of conducting, maintaining, rights to enter upon the Property, all for the purpose of conducting, maintaining, rights to
enter upon the Property, all for the purpose of conducting, maintaining,
inspecting, and monitoringinspecting, and monitoringinspecting, and monitoring the Activitythe Activitythe Activity subject to the conditions and limitations hereinafter
contained; and
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HEREAS, the City grants the Licensee, its agents, representatives, employees,
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consultants, and contractors (of all tiers) the continuous right to perform the Activity and
any work associated therewith or a part thereof, including, without limitation, the removal
of exotic vegetation from the Property, grading and other preparation of the Property for
planting, planting of mangroves, construction of necessary improvements and installation
of necessary equipment related to or used in connection with the Activity compliant with
all required licenses and permits, and associated access, monitoring, and inspection rights.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and covenants herein set forth, the parties hereto agree as follows:
I.PURPOSE AND RIGHT OF ACCESS AND ADVANCE NOTICE(S).
1.1Purpose and Right to Use and Access Property.
The City grants to Licensee, its agents, representatives, employees, contractors,
sub-contractors(of all tiers), invitees, customers and consultants (hereinafter collectively
referred to as “Licensee”), rights to access, enter upon, and use the Property for the purpose
of performing the work necessary as determined by the Licensee in connection with the
Activity, subject to Licensee providing the City’s Department of Real Estate and Asset
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Management Director (the “DREAM Director”), at 444 SW 2
Avenue, 3 Floor, Miami,
Florida 33130, or his designee twenty-four (24) hours advance written notice of date and
timeaccess and use is required by the Licensee to commence work. This notice requirement
shall not be construed to require daily notice, but it shall be sufficient that Licensee provide
the reasonably anticipated timeframe (expected commencement and duration)for
conducting the below described scope of work.
During the term of this Agreement, City hereby grants, declares and conveys to During the term of this Agreement, City hereby grants, declares and conveys to During the term of this
Agreement, City hereby grants, declares and conveys to
Licensee, a non-exclusive license to access and use the Property, includingand use the Property, includingand use the Property, including for the benefit
of Licensee’s and Licensee’s agents’, employees’ and contractors’ (of all tiers)agents’, employees’ and contractors’ (of all tiers)agents’, employees’ and contractors’ (of all tiers)
ingress to
and egress from the Property to and from adjacent public roads adjacent public roads adjacent public roads and other City facilities and other City facilities and other City facilities
in,
over, and upon any areas in City's other property over, and upon any areas in City's other property over, and upon any areas in City's other property that serves the Propertythat serves
the Propertythat serves the Property, including,
without limitation, for the purpose of pedestrian andfor the purpose of pedestrian andfor the purpose of pedestrian andfor the purpose of pedestrian andfor the purpose of pedestrian
and/or /or /or vehicular ingress, egress, passage vehicular ingress, egress, passage vehicular ingress, egress, passage
and/or delivery to the Property and for the purpose of to the Property and for the purpose of to the Property and for the purpose of the installation, construction, the installation,
construction,
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operation, maintenance, repair, relocation andoperation, maintenance, repair, relocation andoperation, maintenance, repair, relocation and/or /or removal of removal of removal of exotic
vegetation, exotic vegetation, mangroves,
rip rap, and/or other elements of the Activity or work necessary therefore. rip rap, and/or other elements of the Activity or work necessary therefore. rip rap, and/or other elements
of the Activity or work necessary therefore.
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Except as may be required for necessary maintenance, repair or replacements or as Except as may be required for necessary maintenance, repair or replacements or as Except as may be
required for necessary maintenance, repair or replacements or as
may otherwise be required by law, and provided City uses commercially reasonable efforts may otherwise be required by law, and provided City uses commercially reasonable efforts may
otherwise be required by law, and provided City uses commercially reasonable efforts
to minimize any impact to Licensee, City shall not close, materially alter, obstruct or inimize any impact to Licensee, City shall not close, materially alter, obstruct or inimize any
impact to Licensee, City shall not close, materially alter, obstruct or
utilize, or permit to be closed, materially altered, obstructed or utilizedutilize, or permit to be closed, materially altered, obstructed or utilizedutilize, or permit to be closed,
materially altered, obstructed or utilizedthe driveways,
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utility lines or stormwater systems serving the Property in any manner which willutility lines or stormwater systems serving the Property in any manner which willutility lines or stormwater
systems serving the Property in any manner which will
materially interrupt, limit, restrict or impede Licensee's use and access to the Property. materially interrupt, limit, restrict or impede Licensee's use and access to the Property.
materially interrupt, limit, restrict or impede Licensee's use and access to the Property.
Except as may be required for necessary maintenance, repair or replacements or as may Except as may be required for necessary maintenance, repair or replacements or as may Except as
may be required for necessary maintenance, repair or replacements or as may
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otherwise be required by law, and provided City uses commercially reasonable otherwise be required by law, and provided City uses commercially reasonable otherwise be required by law,
and provided City uses commercially reasonable efforts to
minimize any impact to Licensee, City shall cause the driveways, utility lines, minimize any impact to Licensee, City shall cause the driveways, utility lines, minimize any impact to
Licensee, City shall cause the driveways, utility lines, and
stormwater systems serving the Property to be, at all times, open, functioning and available serving the Property to be, at all times, open, functioning and available serving the Property
to be, at all times, open, functioning and available
for Licensee's use in connection with its use and operation of the Property and the City for Licensee's use in connection with its use and operation of the Property and the City for
Licensee's use in connection with its use and operation of the Property and the City
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shall be responsible for maintaining the driveway, utility lines and stormwater systems
serving the Property in good working order, with all necessary permits and approvals valid
and in place at all times in a manner reasonably deemed sufficient for Licensee's use and
operation on the Property.
The Licensee shall have access to and use of the Property described herein to
perform the Licensee Improvements described in Section 1.2 herein, including the Activity
and all required components thereof and all actions to perform same.
1.2Licensee Improvements.
Licensee may construct, alter, remove, repair or relocate upon the Property any
improvements, trees and landscaping, structures, machinery, or underground equipment or
other equipment now or hereafter placed upon the Property in connection with the Activity
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either (1) upon receiving written approval from the CityManager or the DREAM Director
and acquiring all necessary permitsor (2) as already authorized within the scope of the
plans attached as Exhibit “B” hereto. Licensee agrees to maintain the Property and any
such Licensee placed or erected improvements in good condition and repair, in compliance
with all applicable laws at its sole cost and expense, reasonable wear and tear excepted
during the duration of the construction period portion of the Term, and in addition, during
the Post-construction Monitoring Period, shall monitor the mangrove plantings portion of
the improvements in accordance with the terms of the permit set forth in Exhibit “B” hereto.
Immediately upon completion of the Licensee Improvements, the City shall assume all
maintenance obligations over same at the City’s sole cost and expense, to the extent
financially feasible for the City to do so, which shall be determined by the City in it’s sole
discretion, except with respect to the monitoring and maintenance of the Licensee-planted
mangroves within the Property, which Licensee shall monitor and maintain at Licensee’s
cost and expense in accordance with the requirements of the DEP Permit attached at cost and expense in accordance with the requirements of the DEP Permit attached at cost and expense
in accordance with the requirements of the DEP Permit attached at
Exhibit “B” hereto until the expiration of the Post-ConstructExhibit “B” hereto until the expiration of the Post-ConstructExhibit “B” hereto until the expiration of the Post-Construction
Monitoring Periodion Monitoring Periodion Monitoring Period.
II. DURATION AND FEE.
2.1 Duration.
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The term of this Agreement shall be from the period The term of this Agreement shall be from the period The term of this Agreement shall be from the period commencing upon the
Effective Date and shall remain in effect until such time that Licensee completes shall remain in effect until such time that Licensee completes shall remain in effect until such time
that Licensee completes
construction of the Activity (the “Construction Period”) plus an additional five (5) years (the “Construction Period”) plus an additional five (5) years (the “Construction Period”) plus
an additional five (5) years
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from completion of construction to conduct postfrom completion of construction to conduct postfrom completion of construction to conduct post--construction monitoring in accordance construction
monitoring in accordance construction monitoring in accordance
with the terms of the permit set forth in Exhibit with the terms of the permit set forth in Exhibit with the terms of the permit set forth in Exhibit “B” “B” (the “Post-construction
Monitoring
Period”). The sum of the Construction Period plus the immediatelyThe sum of the Construction Period plus the immediatelyThe sum of the Construction Period plus the immediately-following
five-year
Post-Construction Monitoring Period shall constitute the “Term” hereof. Construction Monitoring Period shall constitute the “Term” hereof. Construction Monitoring Period shall constitute
the “Term” hereof. Upon expiration
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or earlier termination (if authorized) (if authorized) (if authorized) of the of the of the TermTermTerm, all rights and privileges derived from,
and all duties and obligations created and imposed by the provisions of this Agreement, and all duties and obligations created and imposed by the provisions of this Agreement, and all
duties and obligations created and imposed by the provisions of this Agreement,
shall terminate and have no further force or effect; provided however that theshall terminate and have no further force or effect; provided however that theshall terminate and have no
further force or effect; provided however that the expiration
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(or earlier terminationterminationtermination, if authorized), if authorized), if authorized) of this Agreement shall not limit or affect any remedy
at law or in equity that either party may have against any other partat law or in equity that either party may have against any other partat law or in equity that either party may have
against any other party with respect to any
liability or obligation arising or to be performed under this Agreement prior to the date of liability or obligation arising or to be performed under this Agreement prior to the date
of liability or obligation arising or to be performed under this Agreement prior to the date of
such expiration (or earlier expiration (or earlier expiration (or earlier terminationterminationtermination, if authorized), and such obligations intended to
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survive the expiration (or earlier termination, if authorized) as described herein shall
remain in effect.
2.2 Fee.
This section is intentionally omitted.
2.3 Late Fee.
This section is intentionally omitted.
2.4 Manner of Payment.
This section is intentionally omitted.
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III.RESTORATION OF PROPERTY.
Upon expiration of the term of this Agreement, Licenseeagrees, at no cost to the
City, toensure that the Property is restored to a similar or better condition as the Property
existed at the effective date of this Agreement and to repair and restore any damage to the
Property caused as a result of or by the conduct of the Licensee’s Activity on the Property,
but excluding any damage caused or contributed to by the City or any of its employees,
agents, contractors (of any tier), invitees, or guests. For avoidance of doubt, and
notwithstanding the foregoing, Licensee shall have no obligation to replace or restore any
exotic vegetation previously removed from the Property, nor shall Licensee have any
obligation to replace any Licensee-planted mangroves that may have died or have been
adversely impacted by natural or unnatural causes.
IV. MAINTENANCE OF THE PROPERTY.
For the duration of the Construction Period, Licensee, at its sole cost and expense, Licensee, at its sole cost and expense, Licensee, at its sole cost and expense,
shall maintain and keep in good repair the area of the Property the area of the Property the area of the Property where the Activity shall where the Activity shall where the Activity
shall
commence, as depicted in Exhibit “B.” Licensee’s maintenance thereto Licensee’s maintenance thereto Licensee’s maintenance thereto (during the
Construction Period) shall include but not be limited tobut not be limited tobut not be limited to maintaining the newly planted maintaining the newly planted maintaining the newly planted
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mangroves and disposing of marine debris within the mangroves and disposing of marine debris within the mangroves and disposing of marine debris within the mangrove-mangrove-mangrove-planted
area, making such planted area, making such
repairs of the Activity improvements, as may be required by conditions of the DEP as may be required by conditions of the DEP as may be required by conditions of the DEP Permit
excluding repairs of damage to improvements caused by the acts, omissions, or misconduct excluding repairs of damage to improvements caused by the acts, omissions, or misconduct excluding
repairs of damage to improvements caused by the acts, omissions, or misconduct
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of City employees, agents, contractors (of any tier), invitees, or guest.of City employees, agents, contractors (of any tier), invitees, or guest.of City employees, agents, contractors
(of any tier), invitees, or guest. The City shall not
be required to furnish any services or facilities or to make any repairs or alterations in or be required to furnish any services or facilities or to make any repairs or alterations
in or be required to furnish any services or facilities or to make any repairs or alterations in or
to any improvement associated with the to any improvement associated with the to any improvement associated with the ActivityActivityActivity during the Construction Periodduring the
Construction Period. Licensee
hereby assumes the full and sole responsibility for the condition, operation, repair, hereby assumes the full and sole responsibility for the condition, operation, repair, hereby assumes
the full and sole responsibility for the condition, operation, repair,
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maintenance, and management of the maintenance, and management of the maintenance, and management of the ActivityActivityActivity during the Construction Period. Upon
expiration of this Agreement, Licensee shall surrender the of this Agreement, Licensee shall surrender the of this Agreement, Licensee shall surrender the Property, all attached
improvements associated theretoassociated theretoassociated thereto and all items of equipment affixed thereto to the City in and all items of equipment affixed thereto to the City in
and all items of equipment affixed thereto to the City in
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as good a condition as existing at the time of its initiaas good a condition as existing at the time of its initiaas good a condition as existing at the time of its initial occupancy,
ordinary wear and tear
excepted. Notwithstanding the foregoing, the parties acknowledge and agree that (i) Notwithstanding the foregoing, the parties acknowledge and agree that (i) Notwithstanding the foregoing,
the parties acknowledge and agree that (i)
Licensee has no duty to replace or restore any exotic vegetation previously removed from Licensee has no duty to replace or restore any exotic vegetation previously removed from Licensee
has no duty to replace or restore any exotic vegetation previously removed from
the Property, and (ii) Licensee shall have no obligation to replace or restore any previously the Property, and (ii) Licensee shall have no obligation to replace or restore any previously
the Property, and (ii) Licensee shall have no obligation to replace or restore any previously
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planted mangroves not required to be replaced by DEP under the terms of the DEP permit,
or which were harmed by the conduct of City employees, agents, contractors (of any tier),
invitees, or guests, by the misconduct of third parties, or by severe weather or events of
force majeure. Upon the expiration of the Construction Period and continuing thereafter,
the City assumes responsibility for all maintenance of the Licensee Improvements and all
completed elements of the Activity at City’s sole cost and expense, including management
of invasive/exotic vegetation, debris removal, and maintenance of signage (as referenced
in Specific Condition 4.f of DEP Permit: 0181285-014-BI (issued to Port of Miami)), to
the extent said maintenance is financially feasible for the City, which shall be determined
by the City in sits sole discretion, other than the duty to monitor the mangrove plantings
and remove exotics during the Post-construction Monitoring Period, which duty shall be
retained by Licensee until the expiration of said monitoring period, and this post-
construction City maintenance obligation shall survive the expiration of the Term.
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V. INSURANCE REQUIREMENTS.
Prior to Licensee, its agents, employees, representatives, contractors, sub-
contractors, consultants or anyone else directly or indirectly employed by any of them
entering upon the Property for the purpose of performing Licensee improvements or the
Activity as defined herein, the Licensee or its authorized contractor shall obtain and
maintain or cause to be obtained and maintained throughout the Term of this Agreement,
the types and amounts of insurance coverages set forth in Exhibit “C,” attached hereto and
incorporated therein by this reference, in such reasonable amounts as approved by the City
of Miami’s Risk Management Administrator protecting the City, against all claims for
personal injury, bodily injury, property damage, and regulatory actions by governmental personal injury, bodily injury, property damage, and regulatory actions by governmental personal
injury, bodily injury, property damage, and regulatory actions by governmental
agencies arising out of or related to the activities undertaken by the es arising out of or related to the activities undertaken by the es arising out of or related to the activities
undertaken by the Licensee upon the
Property and naming the City as an additional insured. The insurance required hereunder Property and naming the City as an additional insured. The insurance required hereunder Property
and naming the City as an additional insured. The insurance required hereunder
shall be effective for the Term and any other extensions or renewals thereof. shall be effective for the Term and any other extensions or renewals thereof. shall be effective for the
Term and any other extensions or renewals thereof.
The City’s Risk Management Administrator shall review the insurance ity’s Risk Management Administrator shall review the insurance ity’s Risk Management Administrator shall review the
insurance
requirements upon any Licensee-requested extension or renewal of the Term and reserves extension or renewal of the Term and reserves extension or renewal of the Term and reserves
the right to make reasonable changes in the types and amounts of insurance coverages the right to make reasonable changes in the types and amounts of insurance coverages the right to
make reasonable changes in the types and amounts of insurance coverages at
any time, as necessary and shall revise sary and shall revise sary and shall revise Exhibit “Exhibit “Exhibit “C,” C,” C,” accordingly as necessary.accordingly as necessary. The
Licensee shall be responsible for assuring that the insurance certificates required under this shall be responsible for assuring that the insurance certificates required under this shall
be responsible for assuring that the insurance certificates required under this
Agreement remain in full force and effect for the duration of this Agreement, including any Agreement remain in full force and effect for the duration of this Agreement, including any
Agreement remain in full force and effect for the duration of this Agreement, including any
extensions hereof. If insurance certificates are scheduled to expire during extensions hereof. If insurance certificates are scheduled to expire during extensions hereof. If insurance
certificates are scheduled to expire during the term of this
Agreement and any extension hereof, Agreement and any extension hereof, Agreement and any extension hereof, LicenseeLicenseeLicensee shall be responsible for submitting new or shall
be responsible for submitting new or
renewed insurance certificates to the City’s Risk Management Administrator at a minimum renewed insurance certificates to the City’s Risk Management Administrator at a minimum renewed
insurance certificates to the City’s Risk Management Administrator at a minimum
of ten (10) calendar days in advance of such expiration(s). In the event that expired of ten (10) calendar days in advance of such expiration(s). In the event that expired of ten (10)
calendar days in advance of such expiration(s). In the event that expired
certificates are not replaced, with new or renewed certificates which cover the Term of this certificates are not replaced, with new or renewed certificates which cover the Term of this
certificates are not replaced, with new or renewed certificates which cover the Term of this
Agreement and any other extension or renewal thereof: Agreement and any other extension or renewal thereof: Agreement and any other extension or renewal thereof:
(i) the City the City the City maymaymay suspend this Agreement until such time as the new or renewed suspend this Agreement until such time as the new or renewed suspend this Agreement
until such time as the new or renewed
certificatcertificatcertificate(s) are received in acceptable form by the City’s Risk e(s) are received in acceptable form by the City’s Risk e(s) are received in acceptable form by
the City’s Risk
Management AdministratorManagement AdministratorManagement Administrator.
Compliance with the foregoing insurance requirements shall not relieve Licensee
of its liabilities and obligations under this Agreement.
VI. INDEMNIFICATION.
Licensee shall indemnify, defend and hold harmless the City and its officials,
employees, for claims (collectively referred to as “Indemnitees”) and each of them from
and against all loss, costs, penalties, fines, damages, claims, expenses (including attorneys’
fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury to or
death of any person or damage to or destruction or loss of any property arising out of,
resulting from, or in connection with (i) the negligent performance or non-performance of
the services contemplated by this Agreement (whether active or passive) of Licensee or its
employees or subcontractors (collectively referred to as “Licensee”) which is directly
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caused, in whole or in part, by any act, omission, default or negligence (whether active or
passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the
Licensee to comply materially with any of the requirements herein, or the failure of the
Licensee to conform to statutes, ordinances, or other regulations or requirements of any
governmental authority, local, federal or state, in connection with the performance of this
Agreement, but in all cases excluding claims, actions, suits, demands, losses, penalties,
fines, damages, and liabilities to the extent caused, arising from, or contributed to by the
acts, omissions, or misconduct of the City, its employees, agents, contractors (of all tiers),
invitees or guests (the “Excluded Liabilities”). Licensee expressly agrees to indemnify,
defend and hold harmless the Indemnitees, or any of them, from and against all liabilities,
other than the Excluded Liabilities, which may be asserted by an employee or former
employee of Licensee, or any of its subcontractors, as provided above, for which the
Licensee’s liability to such employee or former employee would otherwise be limited to
payments under state Workers’ Compensation or similar laws. Other than the Excluded payments under state Workers’ Compensation or similar laws. Other than the Excluded payments under
state Workers’ Compensation or similar laws. Other than the Excluded
Liabilities, Licensee further agrees to indemnify, defend and hold harmless the Indemnitees further agrees to indemnify, defend and hold harmless the Indemnitees further agrees to indemnify,
defend and hold harmless the Indemnitees
from and against (i) any and all Liabilities imposed on account of the violation of any law, from and against (i) any and all Liabilities imposed on account of the violation of any law,
from and against (i) any and all Liabilities imposed on account of the violation of any law,
ordinance, order, rule, regulation, condition, or requirement, related directly to ordinance, order, rule, regulation, condition, or requirement, related directly to ordinance, order,
rule, regulation, condition, or requirement, related directly to Licensee’s
negligent performance under this Agreement, compliance with which is negligent performance under this Agreement, compliance with which is negligent performance under this Agreement,
compliance with which is left by this
Agreement to Licensee, and (ii) any and all claims, and/or suits for labor and materials , and (ii) any and all claims, and/or suits for labor and materials , and (ii) any and all claims,
and/or suits for labor and materials
furnished by Licensee or utilized in the performance of this Agreement or otherwise. or utilized in the performance of this Agreement or otherwise. or utilized in the performance
of this Agreement or otherwise.
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In the event that any third party asserts claims against the In the event that any third party asserts claims against the In the event that any third party asserts claims against the
Licensee and/or the
Indemnitees for which Licensee is defending the Indemnitis defending the Indemnitis defending the Indemnitees relating to the services
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provided, Licensee shall have the right to select its legal counsel for such defense. It is shall have the right to select its legal counsel for such defense. It is shall have the right
to select its legal counsel for such defense. It is
understood and agreed that in the event that counsel selected by understood and agreed that in the event that counsel selected by understood and agreed that in the event that counsel
selected by Licensee charges rates
greater than those customarily paid by the City at the time that such claim is asserted, the greater than those customarily paid by the City at the time that such claim is asserted,
the greater than those customarily paid by the City at the time that such claim is asserted, the
parties shall, in good faith, attempt to agree upon such rates or upon an allocation of parties shall, in good faith, attempt to agree upon such rates or upon an allocation of parties
shall, in good faith, attempt to agree upon such rates or upon an allocation of
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payment of such rates.
Licensorshall indemnify, defend and hold harmless shall indemnify, defend and hold harmless shall indemnify, defend and hold harmless Licenseeand its officials, employees,
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and contractors (of all tiers) (collectively referred to as “and contractors (of all tiers) (collectively referred to as “and contractors (of all tiers) (collectively referred to as
“County Indemnitees”) and each of
them from and against all loss, costs, penalties, fines, damages, claims, expenses (including them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorneys’ fees) or liabilities (collectively referred to as “attorneys’ fees) or liabilities (collectively referred to as “attorneys’ fees) or liabilities (collectively referred to
as “County Liabilities”) by reason of
any injury to or death of any person or damage to or destruction or loss ofany injury to or death of any person or damage to or destruction or loss ofany injury to or death of any person
or damage to or destruction or loss ofor damage to
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any property arising out of, resulting from, or in connection with (i) the negligent
performance or non-performance of the services contemplated by this Agreement (whether
active or passive) of Licensor or its employees, contractors, or subcontractors (collectively
and individually referred to as “Licensor”), which is directly caused, in whole or in part,
by any act, omission, default or negligence (whether active or passive or in strict liability)
of the Licensor, or any of them, or (ii) the failure of the Licensor to comply materially
with any of the requirements herein, or the failure of the Licensor to conform to statutes,
ordinances, or other regulations or requirements of any governmental authority, local,
federal or state, in connection with the performance of this Agreement, but in all cases
excluding claims, actions, suits, demands, losses, penalties, fines, damages, and liabilities
to the extent caused, arising from, or contributed to by the acts, omissions, or misconduct
of the Licensee, its employees, agents, contractors (of all tiers) (the “Excluded County
Liabilities”). Licensor expressly agrees to indemnify, defend and hold harmless the County
Indemnitees, or any of them, from and against all liabilities, other than the Excluded
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County Liabilities, which may be asserted by an employee or former employee of Licensor,
or any of its subcontractors, as provided above, for which the Licensor’s liability to such
employee or former employee would otherwise be limited to payments under state
Workers’ Compensation or similar laws. Other than the Excluded County Liabilities,
Licensor further agrees to indemnify, defend and hold harmless the County Indemnitees
from and against any and all County Liabilities imposed on or arising on account of the
negligence and/or violation of any law, ordinance, order, rule, regulation, condition, or
requirement hereof by Licensor or any of Licensor’s employees, agents, contractors (of any
tier), invitees, or guests.
In the event that any third party asserts claims against the Licensee and/or the
County Indemnitees for which Licensor is defending the County Indemnitees hereunder,
Licensee shall have the right to select its legal counsel for such defense. It is understood
and agreed that in the event that counsel selected by Licensee charges rates greater than
those customarily paid by the City at the time that such claim is asserted, the parties shall, those customarily paid by the City at the time that such claim is asserted, the parties
shall, those customarily paid by the City at the time that such claim is asserted, the parties shall,
in good faith, attempt to agree upon such rates or upon an allocation of payment of such in good faith, attempt to agree upon such rates or upon an allocation of payment of such in good
faith, attempt to agree upon such rates or upon an allocation of payment of such
rates.
This section shall be interpreted to comply with Sections 725.06 and/or 725.08, comply with Sections 725.06 and/or 725.08, comply with Sections 725.06 and/or 725.08,
Florida Statutes. Licensee’s obligations to indemnify, defend and hold harmless the ’s obligations to indemnify, defend and hold harmless the ’s obligations to indemnify, defend and
hold harmless the
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Indemnitees shall survive the expiration and earlier expiration and earlier expiration and earlier termination termination termination (if authorized hereunder) (if authorized hereunder)
of this Agreement.
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Licensee understands and agrees that any and all liabilities regarding the use of any ands and agrees that any and all liabilities regarding the use of any ands and agrees that any and
all liabilities regarding the use of any
Licensee subcontractor for purposes of constructing the Activitypurposes of constructing the Activitypurposes of constructing the Activity related to this Agreement
shall be borne solely by LicenseeLicenseeLicensee throughout the duration of this Agreement and that this throughout the duration of this Agreement and that this throughout the duration
of this Agreement and that this
provision shall survive the expiration of this Agreement. provision shall survive the expiration of this Agreement. provision shall survive the expiration of this Agreement.
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VII.ACKNOWLEDGMENTSCKNOWLEDGMENTSCKNOWLEDGMENTS; N; NO COST TO CITYO COST TO CITY.
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The undersigned hereby acknowledges that The undersigned hereby acknowledges that The undersigned hereby acknowledges that Licenseehas voluntarily requested
permission from the Citypermission from the Citypermission from the City for the purpose of for the purpose of for the purpose of utilizing the City-owned property located at
the Property. LicenseeLicenseeLicensee hereby further acknowledges and agrees that hereby further acknowledges and agrees that hereby further acknowledges and agrees that none of the
costs,
expenses, fees, or any other amounts to be paid for the expenses, fees, or any other amounts to be paid for the expenses, fees, or any other amounts to be paid for the Licensee improvements
(including,
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but not limited to, any of the costs, expenses, fees, or any other amounts to be paid to
Licensee, its agents, employees, representatives, contractors, sub-contractors, consultants
or anyone else directly or indirectly employed by any of them) are to be paid by the City.
Licensee further acknowledges and agrees that the Licensee improvements are being
undertaken by Licensee (including, but not limited to, any and all of the work to be
performed by Licensee, its agents, employees, representatives, contractors, sub-
contractors, consultants or anyone else directly or indirectly employed by any of them) at
no cost to the City and that Licensee shall be responsible for all costs, expenses, fees, and
all other amounts to be paid in connection with the Licensee improvements.
VIII. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION.
A. Licensee agrees to provide access to the City or to any of its duly authorized
representatives, to any books, documents, papers, and records of Licensee which are
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directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and
transcripts. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the Licensee to the City under this Agreement, audit
and inspect, or cause to be audited and inspected, those books, documents, papers, and
records of Licensee which are related to Licensee’s performance under this Agreement.
Licensee agrees to maintain any and all such books, documents, papers, and records at its
principal place of business (other than the books and records of Licensee’s contractors and
subcontractors) for a period of three (3) years after final payment is made under this
Agreement and all other pending matters are closed.
B. The City may, at reasonable times during the term hereof, inspect the Licensee’s
facilities and perform such tests, as the City deems reasonably necessary, to determine
whether the goods or services required to be provided by Licensee under this Agreement
conform to the terms hereof. Licensee shall make available to the City all reshall make available to the City all reshall make available to the City all reasonable
facilities and assistance to facilitate the performance of tests or inspections by City facilities and assistance to facilitate the performance of tests or inspections by City facilities
and assistance to facilitate the performance of tests or inspections by City
representatives. All tests and inspections shall be subject to, and made in accordance with, All tests and inspections shall be subject to, and made in accordance with, All tests and
inspections shall be subject to, and made in accordance with,
the provisions of Section 18-100 through 18-102 of the Code of thof the Code of thof the Code of the City of Miami, Florida e City of Miami, Florida
as same may be amended or supplemented, from time to time, provided under no as same may be amended or supplemented, from time to time, provided under no as same may be amended or supplemented,
from time to time, provided under no
circumstances may any such tests be conducted if same would violate any condition or circumstances may any such tests be conducted if same would violate any condition or circumstances
may any such tests be conducted if same would violate any condition or
term of the DERM or DEP permit referenced in Exhibit term of the DERM or DEP permit referenced in Exhibit term of the DERM or DEP permit referenced in Exhibit “B” “B” “B” hereto or ifhereto
or if such tests would
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harm any plantings undertaken by Licensee or its contractors in furtherance of same. harm any plantings undertaken by Licensee or its contractors in furtherance of same. harm any plantings
undertaken by Licensee or its contractors in furtherance of same.
IX. PUBLIC RECORDS.
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A. Licensee understands that the public shall have access, at all reasonable times, to all understands that the public shall have access, at all reasonable times, to all understands
that the public shall have access, at all reasonable times, to all
documents and information pertaining to City Agreements, subject to the provisions of documents and information pertaining to City Agreements, subject to the provisions of documents
and information pertaining to City Agreements, subject to the provisions of
Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all
Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all
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documents subject to disclosure under applicable laws. documents subject to disclosure under applicable laws. documents subject to disclosure under applicable laws. Licensee’s failure
or refusal to
comply with the provisions ofcomply with the provisions ofcomply with the provisions of this section shall result in the immediate cancellation of this this section shall result in the
immediate cancellation of this this section shall result in the immediate cancellation of this
Agreement by the City. Agreement by the City. Agreement by the City.
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B. Contractor/Consultant/ Contractor/Consultant/ Contractor/Consultant/ LicenseeLicenseeLicensee shall additionally comply with Section 119.0701,
Florida Statutes, including without limitation: (1) keeping and maintaining publicFlorida Statutes, including without limitation: (1) keeping and maintaining publicFlorida Statutes,
including without limitation: (1) keeping and maintaining public records
that ordinarily and necessarily would be required by the City to perform ththat ordinarily and necessarily would be required by the City to perform ththat ordinarily and necessarily
would be required by the City to perform the service herein;
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(2) provide the public with access to public records on the same terms and conditions as
the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise
provided by law; (3) ensure that public records that are exempt or confidential and exempt
from disclosure are not disclosed except as authorized by law; (4) meet all requirements
for retaining public records and transfer, at no cost, to the City all public records in its
possession upon expiration and earlier termination (if authorized hereunder) of this
Agreement and destroy any duplicate public records that are exempt or confidential and
exempt from disclosure requirements; and, (5) provide all electronically stored public
records to the City in a format compatible with the City’s information technology systems.
C. Should Licensee determine to dispute any public access provision required by Florida
Statutes, then Licensee shall do so at its own expense and at no cost to the City.
X. MISCELLANEOUS PROVISIONS.
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A. City Approval.
Whenever an item herein is subject to approval by the City, the City Manager shall
be the sole judge of the worthiness and benefit of the item for which approval is sought and
shall approve or disapprove such item at his/her sole discretion, provided such discretion
may not be exercised in any manner that would cause the Licensee or its mitigation
contractor to violate any term or condition of the DEP or DERM permit referenced in
Exhibit “B” hereto or that would unreasonably hinder performance of any work or activity
required by either or both permits.
B. Modifications, Amendments, Waivers.
Any alterations, variations, modifications, or waivers of provisions of this
Agreement, including, but not limited to, access to and any other uses of the Property shall
only be valid when they have been reduced to writing, duly authorized by the City only be valid when they have been reduced to writing, duly authorized by the City only be valid when
they have been reduced to writing, duly authorized by the City
Manager, duly authorized by Licensee’sBoard of Directors, executed by the City Manager, Board of Directors, executed by the City Manager, Board of Directors, executed by the City Manager,
the Department Director, approved by the City Risk Management Director and the City Director, approved by the City Risk Management Director and the City Director, approved by the City
Risk Management Director and the City
Attorney, and attested by the City Clerk on behalf of the City, and Attorney, and attested by the City Clerk on behalf of the City, and Attorney, and attested by the City Clerk on behalf
of the City, and by by the authorized
signatory of the Port Director or designee on behalf of on behalf of on behalf of LicenseeLicenseeLicensee, and attached to the , and attached to the
originals of this Agreement.
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C. Assignability.
This Agreement is unique in nature and may not be assigned, transferred or sold in This Agreement is unique in nature and may not be assigned, transferred or sold in This Agreement
is unique in nature and may not be assigned, transferred or sold in
whole or in part by any party.
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D. Notices.
All notices pursuant to this Agreement shall be in writing and sent by All notices pursuant to this Agreement shall be in writing and sent by All notices pursuant to this Agreement
shall be in writing and sent by certified mail
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or delivered by personal service to the addresses for each Party appearing on page one of or delivered by personal service to the addresses for each Party appearing on page one of or
delivered by personal service to the addresses for each Party appearing on page one of
this Agreement and as indicated below, or as the same may be changed in writing from this Agreement and as indicated below, or as the same may be changed in writing from this Agreement
and as indicated below, or as the same may be changed in writing from
time to time, or via electronic mail (with a requested read receipt) to the email addresses , or via electronic mail (with a requested read receipt) to the email addresses , or via electronic
mail (with a requested read receipt) to the email addresses
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provided below.
With copies to:
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Miami-Dade Seaport Department
1015 North America Way
Suite 200
Miami, FL. 33132
Attention: Becky Hope, Planning & Property Development
Email: Becky.Hope@miamidade.gov
With copies to;
Office of the County Attorney
111 NW First Street, Suite 2810
Miami, FL 33128
Attention: Steven B. Bass, Assistant County Attorney
Email: sbb2@miamidade.gov
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And with copies to:
City Manager,
City of Miami, Miami Riverside Center
ndth
444 S.W. 2 Avenue, 10 Floor
Miami, Florida 33130
Director, Department of Real Estate and Asset Management
City of Miami, Miami Riverside Center
nd
444 S.W. 2
Avenue, 3rd Floor
Miami, Florida 33130
City Attorney
City of Miami, Miami Riverside Center
nd
444 S.W. 2 Avenue, 9th Floor
Miami, Florida 33130
It is Licensee’s responsibility to advise the City in writing of any changes in ’s responsibility to advise the City in writing of any changes in ’s responsibility to advise the City
in writing of any changes in
Licensee’s contact names, addresses and/or telephone numbers. Such notice shall be ’s contact names, addresses and/or telephone numbers. Such notice shall be ’s contact names, addresses
and/or telephone numbers. Such notice shall be
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deemed given on the day on which personally served, or if by certified mail, on the fifth deemed given on the day on which personally served, or if by certified mail, on the fifth deemed
given on the day on which personally served, or if by certified mail, on the fifth
day after being posted or the date of actual receipt, whichever is earlier. day after being posted or the date of actual receipt, whichever is earlier. day after being posted or the
date of actual receipt, whichever is earlier.
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E. Autonomy.
Both Parties agree that this Agreement recognizes the autonomy of, and stipulates Both Parties agree that this Agreement recognizes the autonomy of, and stipulates Both Parties agree
that this Agreement recognizes the autonomy of, and stipulates
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or implies no affiliation between, or implies no affiliation between, or implies no affiliation between, the contracting parties. It is expressly understood and the contracting parties.
It is expressly understood and the contracting parties. It is expressly understood and
intended that LicenseeLicensee is only receiving access to the Property for the purposes of is only receiving access to the Property for the purposes of is only receiving access to the
Property for the purposes of
implementing the Licensee improvements Licensee improvements Licensee improvements and conducting the Activity and that Licensee
is not an agent or instrumentality of the City, and that is not an agent or instrumentality of the City, and that is not an agent or instrumentality of the City, and that Licensee's
agents, representatives,
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contractors, sub-contractors, consultants, and employees are not agents, representatives, contractors, consultants, and employees are not agents, representatives, contractors, consultants,
and employees are not agents, representatives,
contractors, sub-contractors, consultants, or employees of the City. contractors, sub-contractors, consultants, or employees of the City. contractors, sub-contractors, consultants, or
employees of the City.
F. Headings, Use of Singular and Gender.Singular and Gender.Singular and Gender.
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Paragraph headings are for convenience only and are not intended to expand or
restrict the scope or substance of the provisions of this Agreement. Wherever used herein,
the singular shall include the plural and plural shall includethe singular, and pronouns shall
be read as masculine, feminine or neuter as the context requires.
G. Governing Law & Venue.
This Agreement shall be interpreted and construed in accordance with and governed
by the laws of the State of Florida without regard to its conflicts of laws provisions. Any
controversies or legal problems arising out of the terms of this Agreement and any action
involving the enforcement or interpretation of any rights hereunder shall be submitted to
the jurisdiction of the State courts of the Eleventh Judicial Circuit, in and for, Miami-Dade
County, Florida.
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H. Court Costs and Attorneys’ Fees.
Licenseeacknowledges that Florida law provides for mutuality of attorneys’ fees
as a remedy in contract cases and Licenseespecifically, knowingly, voluntarily,
intentionally, and both parties hereto irrevocably waive their respective rights to collect
attorneys’ fees from each other under applicable laws, including but not limited to Section
57.105, Florida Statutes, as amended from time to time and any other State of Florida
statutory provisions, as amended from time to time, as matters or claims arising from this
License agreement. It is the express intent of the parties hereto that in no event will either
party hereto be liable to pay the legal fees of the other party hereto under any provision
hereof concerning any claims or actions arising from the terms of this License Agreement.
In the event that Licensee’s waiver under this section is found to be invalid, then Licensee
agrees that the City’s liability for Licensee’s attorneys’ fees and court costs shall be limited
to and shall not exceed the total sum of One Hundred Dollars ($100.00). In the event that
the foregoing waiver and limitations contained herein are found to be invalid, or are the foregoing waiver and limitations contained herein are found to be invalid, or are the foregoing
waiver and limitations contained herein are found to be invalid, or are
otherwise not upheld, then the provisions of this Section shall become null and void and otherwise not upheld, then the provisions of this Section shall become null and void and otherwise
not upheld, then the provisions of this Section shall become null and void and
each Party shall be responsible for its own attorneys’ fees and court r its own attorneys’ fees and court r its own attorneys’ fees and court costs.costs.
I. Waiver of Jury Trial.
The parties hereby knowingly, irrevocably, voluntarily, and intentionally waive any The parties hereby knowingly, irrevocably, voluntarily, and intentionally waive any The parties hereby
knowingly, irrevocably, voluntarily, and intentionally waive any
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right either may have to a trial by jury in respect to any action, proceeding, claim, or right either may have to a trial by jury in respect to any action, proceeding, claim, or right
either may have to a trial by jury in respect to any action, proceeding, claim, or
counterclaim based on this Agreement, or arising out of, under, or in connection with this based on this Agreement, or arising out of, under, or in connection with this based on this
Agreement, or arising out of, under, or in connection with this
Agreement, any renewal(s) hereof, any amendment, extension, or modification of this Agreement, any renewal(s) hereof, any amendment, extension, or modification of this Agreement, any
renewal(s) hereof, any amendment, extension, or modification of this
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Agreement, or any other agreement executed between the parties in connection with this Agreement, or any other agreement executed between the parties in connection with this Agreement,
or any other agreement executed between the parties in connection with this
Agreement, or any other course of conduct, course of dealing, statements (whether verbal ent, or any other course of conduct, course of dealing, statements (whether verbal ent, or any
other course of conduct, course of dealing, statements (whether verbal
or written), or any other actions of any party hereto. This waiver is a material inducement or written), or any other actions of any party hereto. This waiver is a material inducement
or written), or any other actions of any party hereto. This waiver is a material inducement
for the City and the LicenseeLicenseeLicensee to enter into this Agreement.to enter into this Agreement.to enter into this Agreement.
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J. Force Majeure.orce Majeure.orce Majeure.
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A “Force Majeure Event” shall mean an act of God, act of A “Force Majeure Event” shall mean an act of God, act of A “Force Majeure Event” shall mean an act of God, act of governmental
body or
military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole,
other military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other
natural disasters, killer bee infestation, epidemicnatural disasters, killer bee infestation, epidemicnatural disasters, killer bee infestation, epidemic/pandemic, riot or civil disturbance,
war or
terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is
terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is
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delayed in the performance of any act or obligation pursuant to or required by the
Agreement by reason of a Force Majeure Event, the time for required completion of such
act or obligation shall be extended by the number of days equal to the total number of days,
if any, that such party is actually delayed by such Force Majeure Event. The party seeking
delay in performance shall give notice to the other party specifying the anticipated duration
of the delay, and if such delay shall extend beyond the duration specified in such notice,
additional notice shall be repeated no less than monthly so long as such delay due to a
Force Majeure Event continues. Any party seeking delay in performance due to a Force
Majeure Event shall use its best efforts to rectify any condition causing such delay and
shall cooperate with the other party to overcome any delay that has resulted.
K. City not Liable for Delays.
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Licenseehereby understands and agrees that in no event shall the City be liable for,
or responsible to Licenseeor any of Licensee’s employees, representatives, contractors,
sub-contractors, consultants, or agents, or to any other person, firm, or entity for or on
account of, any stoppages or delay(s) in work herein provided for, or any damages
whatsoever related thereto, because of any injunction or other legal or equitable
proceedings or on account of any delay(s) for any cause over which the City has no control.
Notwithstanding the foregoing, the City shall take no action herein or otherwise to hinder
the ability of the County or its contractors from properly and timely complying with the
terms, conditions, and requirements of the DERM or DEP permits referenced herein or in
Exhibit “B” hereto.
L. Survival.
All obligations (including but not limited to indemnity and obligations to defend All obligations (including but not limited to indemnity and obligations to defend All obligations (including
but not limited to indemnity and obligations to defend
and hold harmless) and rights of any party arising during or attributable to the period prior and hold harmless) and rights of any party arising during or attributable to the period
prior and hold harmless) and rights of any party arising during or attributable to the period prior
to expiration or earlier termination (if authorized hereunder)(if authorized hereunder)(if authorized hereunder) of this Agreement shall of this Agreement shall
survive such expiration or earlier termination, as shall the obligation of the City to maintain , as shall the obligation of the City to maintain , as shall the obligation of the City
to maintain
the Property upon and following the expiration of the Construction Period. the Property upon and following the expiration of the Construction Period. the Property upon and following
the expiration of the Construction Period.
M. Entire Agreement.
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This Agreement embodies and constitutes the entire understanding between the embodies and constitutes the entire understanding between the embodies and constitutes the entire understanding
between the
City and the Licensee concerning the Property, and all prior or contemporaneous City and the Licensee concerning the Property, and all prior or contemporaneous City and the Licensee
concerning the Property, and all prior or contemporaneous
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agreements, understandings, representations, and statements, oral or written with respect agreements, understandings, representations, and statements, oral or written with respect agreements,
understandings, representations, and statements, oral or written with respect
thereto are merged therein. Nothing in this Agreement shall be construed to make the in. Nothing in this Agreement shall be construed to make the in. Nothing in this Agreement shall
be construed to make the
parties hereto partners or joint venturers or render either of said parties liable for the debts or joint venturers or render either of said parties liable for the debts or joint venturers
or render either of said parties liable for the debts
or obligations of the other. The parties agree that there are no commitments, agreements, or obligations of the other. The parties agree that there are no commitments, agreements,
or obligations of the other. The parties agree that there are no commitments, agreements,
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or understandings concerning the subject matter of this Agreement that are not contained or understandings concerning the subject matter of this Agreement that are not contained or understandings
concerning the subject matter of this Agreement that are not contained
in this Agreement, and that this Agreement contains the entire Agreement in this Agreement, and that this Agreement contains the entire Agreement in this Agreement, and that this Agreement
contains the entire Agreement between the
parties as to all matters contained herein. Accordingly, it is agreed that no deviationparties as to all matters contained herein. Accordingly, it is agreed that no deviationparties
as to all matters contained herein. Accordingly, it is agreed that no deviation from
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the terms hereof shall be predicated upon any prior representations or agreements, whether the terms hereof shall be predicated upon any prior representations or agreements, whether
the terms hereof shall be predicated upon any prior representations or agreements, whether
oral or written. It is further agreed that any oral representations or modifications oral or written. It is further agreed that any oral representations or modifications oral or written.
It is further agreed that any oral representations or modifications
concerning this Agreement shall be of no force or effect. This Agreementconcerning this Agreement shall be of no force or effect. This Agreementconcerning this Agreement shall be of
no force or effect. This Agreement may be modified,
altered or amended only by a written amendment duly executed by all parties hereto or altered or amended only by a written amendment duly executed by all parties hereto or altered or
amended only by a written amendment duly executed by all parties hereto or
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their authorized representatives. The City Manager is authorized to amend or modify this
Agreement as needed.
N. Totality of Agreement/Severability of Provisions.
This Agreement with its attachments as referenced below contains all the terms and
conditions agreed upon by the parties:
Exhibit “A” The Property
Exhibit “B” DEP Permit No. 0181285-014-BI (including
associated concept permit drawings but without
other permit attachments)
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Exhibit “C” Insurance Requirements
This constitutes the full and final agreement between the parties as to the subject
matter of the agreement. This Agreement supersedes and replaces all prior or
contemporaneous communications and agreements between the parties, whether oral or
otherwise, as to its subject matter. No other contract, oral or otherwise, regarding the
subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto.
If any provision of this Agreement is held invalid or void, the remainder of this Agreement
shall not be affected thereby if such remainder would then continue to conform to the terms
and requirements of applicable law.
\[Signatures on following page\] \[Signatures on following page\] \[Signatures on following page\]
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IN WITNESS WHEREOF, the City and Licenseehave caused this Agreement to
be executed as of the date Effective Date set forth above.
WITNESSES: LICENSEE:
By: By:
Print Name:Its:
By:
Print Name:
CITY OF MIAMI, CITY OF MIAMI, CITY OF MIAMI,
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A FLORIDA MUNICIPAL CORPORATIONA FLORIDA MUNICIPAL CORPORATIONA FLORIDA MUNICIPAL CORPORATION
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ATTEST: __________________________ BY: _________________________________ __________________________ BY: _________________________________ __________________________ BY: ___________________
______________
TODD B. HANNON ARTHUR NORIEGA VARTHUR NORIEGA V
CITY CLERK CITY MANAGERCITY MANAGER
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APPROVED AS TO LEGAL FORMAPPROVED AS TO LEGAL FORMAPPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE
AND CORRECTNESS:AND CORRECTNESS:AND CORRECTNESS: REQUIREMENTS:
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BY: ____________________________ BY: _____________________________ ____________________________ BY: _____________________________ ____________________________ BY: _____________________________
VICTORIA MÉNDEZ VICTORIA MÉNDEZ VICTORIA MÉNDEZ ANN-MARIE SHARPE, DIRECTOR
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CITY ATTORNEY RISK MANAGEMENT
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EXHIBIT “A”
THE PROPERTY
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EXHIBIT “B”
DEP Permit No. 0181285-014-BI (including associated concept permit
drawings but without other permit attachments)
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Ron DeSantis
FLORIDA DEPARTMENT OF
Governor
Jeanette Nuñez
Environmental Protection
Lt. Governor
Bob Martinez Center
Noah Valenstein
2600 Blair Stone Road
Secretary
Tallahassee, FL 32399-2400
ENVIRONMENTAL RESOURCE PERMIT
Issued Date: June 25, 2020
Expiration Date: June 25, 2030
Project: PortMiami Cruise Berth HProject: PortMiami Cruise Berth HProject: PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No: 0181285-014-Permit No: 0181285-014-Permit No: 0181285-014-BIBIBI
PROJECT LOCATION:
The project site is located in Miami-Dade County, along the northwestern edge of -Dade County, along the northwestern edge of -Dade County, along the northwestern edge of
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PortMiami, adjacent to the City of Miami, on Dodge/Lummus Island, Section 37, Township 54 PortMiami, adjacent to the City of Miami, on Dodge/Lummus Island, Section 37, Township 54 PortMiami,
adjacent to the City of Miami, on Dodge/Lummus Island, Section 37, Township 54
South, Range 42 East, within Biscayne Bay Aquatic Preserve, Class III Waters, Outstanding Biscayne Bay Aquatic Preserve, Class III Waters, Outstanding Biscayne Bay Aquatic Preserve,
Class III Waters, Outstanding
Florida Waters (OFW). The mitigation site for offsetting unavoidable impacts to submerged The mitigation site for offsetting unavoidable impacts to submerged The mitigation site for
offsetting unavoidable impacts to submerged
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aquatic vegetation is in Watson Island Park on Watson Island, just north of the PortMiami aquatic vegetation is in Watson Island Park on Watson Island, just north of the PortMiami aquatic
vegetation is in Watson Island Park on Watson Island, just north of the PortMiami
facility.
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PROJECT DESCRIPTIONPROJECT DESCRIPTION: :
The project is to redevelop Cruise Berth Hto redevelop Cruise Berth Hto redevelop Cruise Berth H, which includes the construction of
approximately 740 feet t t ofofofofof interlocking steel sheet pile (SSP) bulkhead (waterward of the existing interlocking steel sheet pile (SSP) bulkhead (waterward of the existing
interlocking steel sheet pile (SSP) bulkhead (waterward of the existing
north bulkhead) with a 200-foot mooring extension and north bulkhead) with a 200-foot mooring extension and north bulkhead) with a 200-foot mooring extension and a 64-foot return wall
to the existing north
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bulkhead. The project also The project also The project also includes the filling of approximately 0.49 acres includes the filling of approximately 0.49 acres includes the filling of
approximately 0.49 acres between the new
bulkhead and the old bulkhead, and bulkhead and the old bulkhead, and bulkhead and the old bulkhead, and the dredging of approximately 6.49 acres of the basin west of
the new bulkhead to -34.5 feet NAVD plus 2 feet overdredge. the new bulkhead to -34.5 feet NAVD plus 2 feet overdredge. the new bulkhead to -34.5 feet NAVD plus 2 feet overdredge.
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The project will result in adverse impacts to 0.45 acres of previously undisturbed surface
waters, which currently support sparse patches of submerged aquatic vegetation. These impacts
will be offset by the creation and enhancement of 0.23 acres of mangrove habitat at Watson
Island Park. As compensation for the 0.49 acres of filling between the new and old bulkheads,
Miami-Dade County Regulatory and Economic Resources (RER) requires 804 cubic yards of
riprap to be placed at the offshore artificial reef site POM A. An equivalent quantity of new reef
modules will be installed at POM A in place of the required volume of riprap.
AUTHORIZATIONS
PortMiami Cruise Berth H
Environmental Resource Permit
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 2 of 27
The Department has determined that the activity qualifies for an Environmental Resource
Permit. Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of
Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).
Sovereignty Submerged Lands Authorization
As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the
Department has determined the activity is not on submerged lands owned by the State of Florida.
Therefore, your project is not subject to the requirements of Chapter 253, F.S., or Rule 18-21, F.A.C.
Federal Authorization
Your proposed activity as outlined on your application and attached drawings Your proposed activity as outlined on your application and attached drawings Your proposed activity as outlined
on your application and attached drawings does not qualify
for Federal authorization pursuant to the State Programmatic General Permit and a uant to the State Programmatic General Permit and a uant to the State Programmatic General Permit and
a SEPARATE
permit or authorization may be required from the Corps. A copy of your permit application has from the Corps. A copy of your permit application has from the Corps. A copy of your permit
application has
been forwarded to the Corps for their review. The Corps will issue their authorization directly to been forwarded to the Corps for their review. The Corps will issue their authorization
directly to been forwarded to the Corps for their review. The Corps will issue their authorization directly to
you or contact you if additional information is needed. If you have not heard from the Corps you or contact you if additional information is needed. If you have not heard from the Corps
you or contact you if additional information is needed. If you have not heard from the Corps
within 30 days from the date your application was received at the local DEP Office, contact the within 30 days from the date your application was received at the local DEP Office, contact
the within 30 days from the date your application was received at the local DEP Office, contact the
Corps at the Miami Field Office SEAPPLS@usace.army.milSEAPPLS@usace.army.milSEAPPLS@usace.army.mil (305) 525-7181, (305) 525-7181, (305) 525-7181, for status and
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further information. Failure to obtain Corps authorization prior to construction could Failure to obtain Corps authorization prior to construction could Failure to obtain Corps authorization
prior to construction could
subject you to federal enforcement action by that agency.subject you to federal enforcement action by that agency.subject you to federal enforcement action by that agency.
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Coastal Zone Management
Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal authorization also constitutes a finding of consistency with Florida's Coastal authorization
also constitutes a finding of consistency with Florida's Coastal
Zone Management Program, as required by Section 307 of the Coastal Zone Management Act. Zone Management Program, as required by Section 307 of the Coastal Zone Management Act. Zone Management
Program, as required by Section 307 of the Coastal Zone Management Act.
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Water Quality CertificationWater Quality CertificationWater Quality Certification
This permit also constitutes aThis permit also constitutes aThis permit also constitutes a water quality certification uwater quality certification uwater quality certification under
Section 401 of the Clean Water
Act, 33 U.S.C. 1341
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Other Authorizations
You are advised that authorizations or permits for this activity may be required by other federal, You are advised that authorizations or permits for this activity may be required by
other federal, You are advised that authorizations or permits for this activity may be required by other federal,
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state, regional, or local entities including but not limited to local governmenstate, regional, or local entities including but not limited to local governmenstate, regional, or local
entities including but not limited to local governments or municipalities.
This permit does not relieve you from the requirements to obtain all other required permits or
authorizations.
The activity described may be conducted only in accordance with the terms, conditions and
attachments contained in this document. Issuance and granting of the permit and authorizations
herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications
will be granted by the Department.
PERMIT
The activities described must be conducted in accordance with:
The Specific Conditions
The General Conditions
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 3 of 27
The limits, conditions and locations of work shown in the attached drawings
The term limits of this authorization
You are advised to read and understand these conditions and drawings prior to beginning the
authorized activities, and to ensure the work is conducted in conformance with all the terms,
conditions, and drawings herein. If you are using a contractor, the contractor also should read
and understand these conditions and drawings prior to beginning any activity. Failure to comply
with these conditions, including any mitigation requirements, shall be grounds for the
Department to revoke the permit and authorization and to take appropriate enforcement action.
Operation of the facility is not authorized except when determined to be in conformance with all
applicable rules and this permit, as described.
SPECIFIC CONDITIONS - ADMINISTRATIVE
1. If the General Conditions, approved permit drawings or final p1. If the General Conditions, approved permit drawings or final p1. If the General Conditions, approved permit drawings
or final plans & lans & lans & specifications
contradict the Specific Conditions, then the Specific Conditions shall prevail. contradict the Specific Conditions, then the Specific Conditions shall prevail. contradict the Specific
Conditions, then the Specific Conditions shall prevail.
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2. Unless otherwise specified in the Specific pecific pecific CConditions of this permit all submittals onditions of this permit all submittals onditions of this permit all submittals
required herein (e.g., progress reports, water-required herein (e.g., progress reports, water-required herein (e.g., progress reports, water-quality reports etc.) shall be electquality
reports etc.) shall be electquality reports etc.) shall be electronically
submitted (via e-mail, file transfer site or hard drive). Email submittals shall be sent to mail, file transfer site or hard drive). Email submittals shall be sent to mail, file transfer
site or hard drive). Email submittals shall be sent to
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the Department’s JCP Compliance Officer (the Department’s JCP Compliance Officer (the Department’s JCP Compliance Officer (e-e-e-mail address: mail address: mail address:
JCPCompliance@dep.state.fl.usJCPCompliance@dep.state.fl.usJCPCompliance@dep.state.fl.us). ). ). If a file transfer site is used, a link shall be eIf a file transfer site is used,
a link shall be eIf a file transfer site is used, a link shall be e-mailed to
the JCP Compliance Officer. If data are too large to be submitted via e-the JCP Compliance Officer. If data are too large to be submitted via e-the JCP Compliance Officer. If data
are too large to be submitted via e-mail or file
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transfer site, the PermitteePermitteePermittee may submit the data via an external hard drive, provided by may submit the data via an external hard drive, provided by may submit the
data via an external hard drive, provided by
the Permittee. The external hard drive shall be mailed to: . The external hard drive shall be mailed to: . The external hard drive shall be mailed to:
Department of Environmental Protection Department of Environmental Protection Department of Environmental Protection
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Office of Resilience and Coastal ProtectionOffice of Resilience and Coastal ProtectionOffice of Resilience and Coastal Protection
Attn: JCP Compliance Officer Attn: JCP Compliance Officer Attn: JCP Compliance Officer
2600 Blair Stone Road, Mail Station 3544 2600 Blair Stone Road, Mail Station 3544 2600 Blair Stone Road, Mail Station 3544
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Tallahassee, FL 32399-2400
Note: such submittals include, but are not limited to, as-built drawings, progress reports
and turbidity monitoring reports. All submittals shall clearly indicate the project name
(PortMiami Cruise Berth H) and the permit number (0181285-014-BI).
3. The attached Notice for Publication must be published, at the Permittee’s expense, in the
legal ad section of a newspaper or newspapers of general circulation in the areas affected
by this permitted activity. Proof of this publication must be provided to the Department
within 21 days of the date of publication.
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 4 of 27
SPECIFIC CONDITIONS – PRE-CONSTRUCTION ACTIVITIES
4. For each construction event under this permit, no work shall commence until the
Permittee has satisfactorily submitted all information noted in this condition. At least 30
days prior to commencement of construction, the Permittee shall submit the following
items for review by the Department. Unless otherwise notified by the Department within
15 days of receipt of all information specified below, the Permittee shall assume the
submittals are satisfactory:
a. One (1) electronic copy of detailed final construction plans and specifications for
all authorized activities. The plans and specifications plans and specifications plans and specifications must be consistent with the
project description of this permit and the attached permit drawings, and shall also project description of this permit and the attached permit drawings, and shall also project description
of this permit and the attached permit drawings, and shall also
be certified by a Professional Engineer (P.E.), who be certified by a Professional Engineer (P.E.), who be certified by a Professional Engineer (P.E.), who is registered in the State
of is registered in the State of is registered in the State of
Florida. The plans and specifications shall include a description of the dredging Florida. The plans and specifications shall include a description of the dredging Florida. The plans
and specifications shall include a description of the dredging
and construction methods to be utilized, including expected time to complete the and construction methods to be utilized, including expected time to complete the and construction methods
to be utilized, including expected time to complete the
permitted project, and drawings and surveys that show all biol and drawings and surveys that show all biol and drawings and surveys that show all biological resources
and work spaces (e.g., anchoring areas, staging areas, boat access corridors, etc.) and work spaces (e.g., anchoring areas, staging areas, boat access corridors, etc.) and work spaces
(e.g., anchoring areas, staging areas, boat access corridors, etc.)
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to be used for this project. The PermitteePermitteePermittee shall also specify the anticipated shall also specify the anticipated shall also specify the anticipated
disposal or re-use location(s) and appropriate contact information for those disposal or re-use location(s) and appropriate contact information for those disposal or re-use location(s)
and appropriate contact information for those
facilities.,
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b. A copy of the Contractor’s Environmental Protection Plan, or equivalent, which b. A copy of the Contractor’s Environmental Protection Plan, or equivalent, which b. A copy of the
Contractor’s Environmental Protection Plan, or equivalent, which
provides project-specific details of the Best Management Practices (BMPs) that specific details of the Best Management Practices (BMPs) that specific details of the Best Management Practices
(BMPs) that
will be implemented to prevent erosion, turbidity and the release of hazardous will be implemented to prevent erosion, turbidity and the release of hazardous will be implemented to prevent
erosion, turbidity and the release of hazardous
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substances at the dredge/scow, staging areas or during the transfer of material to substances at the dredge/scow, staging areas or during the transfer of material to substances at the
dredge/scow, staging areas or during the transfer of material to
offsite disposal sites. offsite disposal sites. offsite disposal sites.
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c. The names, credentials (demonstrating experience and qualifications) and contact The names, credentials (demonstrating experience and qualifications) and contact The names, credentials
(demonstrating experience and qualifications) and contact
information for the individuals who will conduct the turbidity monitoring. information for the individuals who will conduct the turbidity monitoring. information for the individuals
who will conduct the turbidity monitoring.
Turbidity monitors shall have prior training in water quality monitoring and Turbidity monitors shall have prior training in water quality monitoring and Turbidity monitors shall have
prior training in water quality monitoring and
experience in turbidity monitoring for major dredging projects. The turbidity experience in turbidity monitoring for major dredging projects. The turbidity experience in turbidity monitoring
for major dredging projects. The turbidity
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monitors shall be independent of the design engineer and the contractor.
d. Draft turbidity sampling map. An example of the geo-referenced map that will be
provided with turbidity reports, including aerial photography and the boundaries
of SAV beds (pursuant to Specific Condition 13).
d. SAV monitoring qualifications. To ensure that individuals conducting monitoring
of SAV have appropriate qualifications, documentation demonstrating expertise /
experience shall be provided to the Department for approval prior to the initiation
of monitoring tasks that are required by Specific Condition 14. The Department
will review this information and confirm that monitors meet the requirements
outlined in the SAV Monitoring Plan. The Department will provide written
comments regarding any perceived deficits in qualifications or experience.
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 5 of 27
e. Pre-construction SAV survey results. An assessment of SAV located within 150
meters of the area(s) to be dredged shall be completed during the summer (June –
September), immediately prior to each construction event in accordance with
Specific Condition 14. Surveys conducted by the local sponsor, their contractors,
or third parties, may be submitted by the Permittee to meet this requirement. The
Permittee shall provide the Department with the following information for SAV
in the project area: a summary of existing information, a narrative description of
the current conditions, a geo-referenced SAV map, and all raw data that were
compiled or produced in association with these deliverables. The Permitteeshall
also provide documentation (e.g., email correspondence) verifying that their
contractor has received the SAV map and that the contractor has been instructed ctor has received the SAV map and that the contractor has been instructed ctor has received the SAV map
and that the contractor has been instructed
by the Permittee to use this information to avoid impacts to SAV in the project to use this information to avoid impacts to SAV in the project to use this information to avoid impacts
to SAV in the project
area.
f. Long-term agreement for mitigation site maintenanceterm agreement for mitigation site maintenanceterm agreement for mitigation site maintenanceterm agreement for mitigation site maintenanceterm
agreement for mitigation site maintenanceterm agreement for mitigation site maintenance... A long- A long- A long-term agreement
between the City of Miami and the PermitteePermitteePermittee for maintenance of the Watson for maintenance of the Watson for maintenance of the Watson
Island Park mitigation site will be submitted to the Department at least 15 days Island Park mitigation site will be submitted to the Department at least 15 days Island Park mitigation
site will be submitted to the Department at least 15 days
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prior to the pre-construction conference (Specific Condition construction conference (Specific Condition construction conference (Specific Condition 4 j.). This agreement
will include all maintenance activities necessary to provide assurance that the will include all maintenance activities necessary to provide assurance that the will include all maintenance
activities necessary to provide assurance that the
mitigation site will function as expected, including management of invasive / mitigation site will function as expected, including management of invasive / mitigation site will function
as expected, including management of invasive /
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exotic vegetation, debris removal, and maintenance of signage. exotic vegetation, debris removal, and maintenance of signage. exotic vegetation, debris removal, and maintenance of signage.
g. Coral and octocoral transplaCoral and octocoral transplaCoral and octocoral transplantation and monitoring qualificationsntation and monitoring qualificationsntation and monitoring
qualifications. The names,
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credentials (dcredentials (documentation demonstrating expertise/experience in transplantation ocumentation demonstrating expertise/experience in transplantation ocumentation demonstrating
expertise/experience in transplantation
and monitoring of corals and octocorals) and contact information for the and monitoring of corals and octocorals) and contact information for the and monitoring of corals and octocorals)
and contact information for the
individuals who will conduct the coral transplantation shall be provided to the individuals who will conduct the coral transplantation shall be provided to the individuals who will conduct
the coral transplantation shall be provided to the
Department for approval prior to the initiation of transplantationDepartment for approval prior to the initiation of transplantationDepartment for approval prior to the initiation of
transplantation required by
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Specific Condition 17. Specific Condition 17. Specific Condition 17. The Department will review this information and confirm The Department will review this information and confirm
that qualifications meet the requirements outlined in the that qualifications meet the requirements outlined in the that qualifications meet the requirements outlined in the Coral/Hardbottom
Assessment/Mitigation Plan. The Department will provide written comments Assessment/Mitigation Plan. The Department will provide written comments Assessment/Mitigation Plan. The Department
will provide written comments
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regarding any perceived deficits in qualifications or experience. regarding any perceived deficits in qualifications or experience. regarding any perceived deficits in qualifications
or experience.
h. Pre-construction coral and octocoral survey results. An assessment of corals and
octocorals within the full project area shall be completed prior to the beginning of
construction. Surveys conducted by the local sponsor, their contractors, or third
parties, may be submitted by the Permitteeto meet this requirement. The
Permittee shall provide the Department with the following information: a list of
coral species and octocoral genera, estimates of numbers of corals by species (by
genera for octocorals), and size classesand location coordinates for any listed
species present within the project area.
i. A Watch Plan detailing the proposal for observing protected marine species. This
plan shall include:
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 6 of 27
i. a list of all protected marine species observers associated with the project
(their names, credentials, qualifications, contact information and a
description of their observational experience (nighttime and daytime
experience);
ii. a description of where the observers will be located during work and how
they will cover the areas required (the observers shall be in elevated
positions, if possible, to maximize visibility and this description shall
indicate the designated location of observers when tugboats and crew
vessels are mooring to the dredge;
iii. the length of work shifts for the observers; the length of work shifts for the observers; the length of work shifts for the observers;
iv. the equipment used to aid in observation (recommend having a spotlight iv. the equipment used to aid in observation (recommend having a spotlight iv. the equipment used to aid
in observation (recommend having a spotlight
available to use if needed); and
v. the equipment used to communicate with the dredge operator. equipment used to communicate with the dredge operator. equipment used to communicate with the dredge operator.
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Observers shall have on-the-job experience observing protected marine Observers shall have on-the-job experience observing protected marine Observers shall have on-the-job experience
observing protected marine species,
such as manatees and marine turtles, during major dredging projects. such as manatees and marine turtles, during major dredging projects. such as manatees and marine turtles, during
major dredging projects.
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j. Pre-Construction Conference.Construction Conference.Construction Conference. After all items required by a through After all items required by a through After all items required by
a through i above
have been submitted to the Department, have been submitted to the Department, have been submitted to the Department, the Permittee shall conduct a pre-
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construction conference to review the specific conditions and monitoring construction conference to review the specific conditions and monitoring construction conference to review the
specific conditions and monitoring
requirements of this permit with requirements of this permit with requirements of this permit with the the Permittee's contractors, the engineer of
record, those responsible for turbidity monitoring, those responsible for protected , those responsible for turbidity monitoring, those responsible for protected , those responsible
for turbidity monitoring, those responsible for protected
species monitoring, staff representatives of the Fish and Wildlife Conservation species monitoring, staff representatives of the Fish and Wildlife Conservation species monitoring, staff
representatives of the Fish and Wildlife Conservation
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Commission (FWC)Commission (FWC)Commission (FWC) and the JCP Compliance Officer (or designatedand the JCP Compliance Officer (or designatedand the JCP Compliance Officer (or designated
alternate)
prior to each construction event. In order to ensure that appropriate prior to each construction event. In order to ensure that appropriate prior to each construction event. In order
to ensure that appropriate
representatives are available, at least twentyrepresentatives are available, at least twentyrepresentatives are available, at least twenty-one (21) days prior to the intended
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commencement date for the permitted construction, the commencement date for the permitted construction, the commencement date for the permitted construction, the Permittee is advised
to
contact the Department, and the other agency representatives listed below:
DEP, JCP Compliance Officer
e-mail: JCPCompliance@dep.state.fl.us
FWC Imperiled Species Management Section
e-mail: marineturtle@myfwc.com
FWC, Regional Biologist
Contact list: http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/
The Permittee is also advised to schedule the pre-construction conference at least
a week prior to the intended commencement date. At least seven (7) days in
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 7 of 27
advance of the pre-construction conference, the Permittee shall provide written
notification, advising the participants of the agreed-upon date, time and location
of the meeting, and also provide a meeting agenda and a teleconference number.
If the actual construction start date is different from the expected start date
proposed during the preconstruction conference, at least 48 hours prior to the
commencement of each construction event, the Permittee shall ensure that
notification is sent to the FWC, at marineturtle@myfwc.com, indicating the actual
start date and the expected completion date. The Permittee shall also ensure that
all contracted workers and observers are provided a copy of all permit conditions.
SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES CONSTRUCTION ACTIVITIES CONSTRUCTION ACTIVITIES
5. Construction within the waters of theAquatic Preserve is limited to Aquatic Preserve is limited to Aquatic Preserve is limited to 365 days unless 365 days unless
otherwise approved by the Department. If it appears that any open-otherwise approved by the Department. If it appears that any open-otherwise approved by the Department. If it appears
that any open-water work will water work will
exceed 365 days and extend beyond the schedule provided as part of the pre-construction 365 days and extend beyond the schedule provided as part of the pre-construction 365 days and
extend beyond the schedule provided as part of the pre-construction
submittals in specific condition 4 a., the PermitteePermitteePermittee shall submit a request to the shall submit a request to the shall submit a request to the
Department prior to the originally scheduled completion date, requesting an extension of Department prior to the originally scheduled completion date, requesting an extension of Department
prior to the originally scheduled completion date, requesting an extension of
the construction period. The request shall include a revised schedule, including the newly the construction period. The request shall include a revised schedule, including the newly
the construction period. The request shall include a revised schedule, including the newly
anticipated date of completion, and an explanation of all delays that necessitate the work anticipated date of completion, and an explanation of all delays that necessitate the work
anticipated date of completion, and an explanation of all delays that necessitate the work
extension. Transplantation of corals and octocorals from the project area shall be conducted Transplantation of corals and octocorals from the project area shall be conducted Transplantation
of corals and octocorals from the project area shall be conducted
prior to the beginning construction and will not be counted as part of the 365-day prior to the beginning construction and will not be counted as part of the 365-day prior to the beginning
construction and will not be counted as part of the 365-day
construction limit.
6. Storing, stockpiling, or accessing equipment on, in, over, or through areas with benthic 6. Storing, stockpiling, or accessing equipment on, in, over, or through areas with benthic
6. Storing, stockpiling, or accessing equipment on, in, over, or through areas with benthic
resources (including beds of submerged aquatic vegetation \[SAV\] or hardbottom) is resources (including beds of submerged aquatic vegetation \[SAV\] or hardbottom) is resources (including
beds of submerged aquatic vegetation \[SAV\] or hardbottom) is
prohibited unless it occurs within a work area or ingress / prohibited unless it occurs within a work area or ingress / prohibited unless it occurs within a work area or ingress / egress
corridor that is
specifically approved by this permit and is shown on the approved permit drawings. specifically approved by this permit and is shown on the approved permit drawings. specifically approved
by this permit and is shown on the approved permit drawings.
Anchoring or spudding of vessels and barges within areas with benthic resources, Anchoring or spudding of vessels and barges within areas with benthic resources, Anchoring or spudding
of vessels and barges within areas with benthic resources,
including submerged aquatic vegetation or hardbottom, is also prohibincluding submerged aquatic vegetation or hardbottom, is also prohibincluding submerged aquatic vegetation or hardbottom,
is also prohibited.
7. The Permittee shall immediately report any incident of unauthorized impact to wetlands,
submerged aquatic vegetation or hardbottom communities to the Department and take
immediate corrective action to avoid any further impacts. Within 30 days of any such
event, the Permittee shall propose a remediation/mitigation plan, which shall be
implemented immediately upon approval by the Department.
Water Quality
8. In association with General Condition No. 3 below, BMPs for controlling turbidity shall
be utilized where appropriate and maintained at all times during project construction to
minimize turbidity. At the dredge, BMPs may include, but not be limited to, turbidity
curtains and an “environmental” (i.e., sealed) clamshell bucket. For in-water work, BMPs
may include, but not be limited to, permanent bulkheads and additional turbidity barriers
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 8 of 27
as required. Turbidity control devices shall be installed prior to the commencement of
construction in any given area, or prior to commencement of the particular activity, and
maintained daily to ensure integrity and functionality until post-construction clean-up of
each work area has been completed, or until removal upon completion of the particular
activity. Temporary turbidity barriers shall be made of material in which manatees or
marine turtles cannot become entangled, shall be properly secured, and shall be regularly
monitored to avoid manatee or marine turtle entanglement or entrapment. Turbidity
control devices must not impede manatee or marine turtle movement.
9. Discharge such as dewatering or stormwater runoff into open surface waters of the state
from any temporary dredged material containment area, is prohibited. from any temporary dredged material containment area, is prohibited. from any temporary dredged material containment
area, is prohibited.
10. The maximum mixing zone for turbidity shall be a circle with a radius of 150 meters, 10. The maximum mixing zone for turbidity shall be a circle with a radius of 150 meters, 10.
The maximum mixing zone for turbidity shall be a circle with a radius of 150 meters,
originating from the source of the turbidity. In areas where permanent (e.g., bulkheads) or originating from the source of the turbidity. In areas where permanent (e.g., bulkheads) or
originating from the source of the turbidity. In areas where permanent (e.g., bulkheads) or
floating turbidity barriers are used to restrict turbidity plumes, the mixing zone shall end floating turbidity barriers are used to restrict turbidity plumes, the mixing zone shall
end floating turbidity barriers are used to restrict turbidity plumes, the mixing zone shall end
immediately outside of the barrier. Beyond the mixing zone, the turbidity standard shall immediately outside of the barrier. Beyond the mixing zone, the turbidity standard shall immediately
outside of the barrier. Beyond the mixing zone, the turbidity standard shall
be met during dredging, filling, installation of scour protection mats, transport, and the be met during dredging, filling, installation of scour protection mats, transport, and the
be met during dredging, filling, installation of scour protection mats, transport, and the
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installation of sheetpiles or other pilings.installation of sheetpiles or other pilings.installation of sheetpiles or other pilings.
MONITORING REQUIRED:
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11. Turbidity monitoring shall be conducted as described below: shall be conducted as described below: shall be conducted as described below:
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Units: Nephelometric Turbidity Units (NTUs). Nephelometric Turbidity Units (NTUs). Nephelometric Turbidity Units (NTUs).
Frequency: During daylight hours, sampling shall be conducted three times daily, During daylight hours, sampling shall be conducted three times daily, During daylight hours, sampling
shall be conducted three times daily,
approximately four (4) hours apart during dredging or construction approximately four (4) hours apart during dredging or construction approximately four (4) hours apart during dredging
or construction
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activities that are within the open waters of the state, starting activities that are within the open waters of the state, starting activities that are within the open waters of the
state, starting
approximately 30 minutes following commencement of work, approximately 30 minutes following commencement of work, approximately 30 minutes following commencement of work, while the
highest projecthighest projecthighest project-related turbidity levels are crossing the edge of the
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mixing zonemixing zonemixing zone. Since turbidity levels can be related to pumping rates, the
dredge pumping rates shall be recorded, and provided to the Department
upon request. The compliance samples and the corresponding background
samples shall be collected at approximately the same time, i.e.,
background sample shall immediately follow the compliance sample.
Location: Sampling shall occur at surface (approximately one foot below the
surface), mid-depth (for sites with depths greater than 6 feet), and bottom
(approximately 6 feet above the bottom for sites with depths greater than
25 feet).
Background: Sampling shall occur at least 300m upcurrent from the
project-generated turbidity source, and clearly outside the influence of any
project-related turbidity plume or other turbidity plume.
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 9 of 27
Compliance: Dredging: Sampling shall occur at the edge of the 150-meter
mixing zone, down current from the source of turbidity, within the densest
portion of any visible turbidity plume.
Construction/Demolition: Foractivities encompassed by sheet piling
or contained within a floating turbidity barrier, sampling shall occur at
mid-depth, downcurrent from the project-related turbidity source, within
the densest portion of any visible turbidity plume, immediately outside of
the turbidity control device. Samples shall only be required if a turbidity
plume is observed outside the limits of the turbidity control device.
If turbidity curtains or similar methodologies are used to protect corals in If turbidity curtains or similar methodologies are used to protect corals in If turbidity curtains or
similar methodologies are used to protect corals in
areas adjacent to the work site, turbidity and water temperature shall be areas adjacent to the work site, turbidity and water temperature shall be areas adjacent to the work site, turbidity
and water temperature shall be
monitored inside the barrier and outside the barrier twice monitored inside the barrier and outside the barrier twice monitored inside the barrier and outside the barrier twice daily
at least 4
hours apart. Sampling shall be adequate to determine if the barriers are hours apart. Sampling shall be adequate to determine if the barriers are hours apart. Sampling shall be adequate
to determine if the barriers are
providing protection or are detrimental to protection of the coral colonies. providing protection or are detrimental to protection of the coral colonies. providing protection or
are detrimental to protection of the coral colonies.
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Calibration: The instruments used to measure turbidity shall be fully calibrated withi: The instruments used to measure turbidity shall be fully calibrated withi: The instruments used
to measure turbidity shall be fully calibrated within
one month of the commencement of the project, and at least once a month thereafter one month of the commencement of the project, and at least once a month thereafter one month of the
commencement of the project, and at least once a month thereafter
during project construction. Calibration with secondary standards shall be verified each during project construction. Calibration with secondary standards shall be verified each during
project construction. Calibration with secondary standards shall be verified each
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morning prior to use, after each time the instrument is turned on, and after field sampling morning prior to use, after each time the instrument is turned on, and after field sampling
morning prior to use, after each time the instrument is turned on, and after field sampling
using two secondary turbidity “standards” that bracket the anticipated turbidity samples. using two secondary turbidity “standards” that bracket the anticipated turbidity samples. using
two secondary turbidity “standards” that bracket the anticipated turbidity samples.
If the post-sampling calibration value deviates more than 8% from the previous If the post-sampling calibration value deviates more than 8% from the previous If the post-sampling calibration
value deviates more than 8% from the previous
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calibration value, results shall be reported as estimated and a description ocalibration value, results shall be reported as estimated and a description ocalibration value, results shall
be reported as estimated and a description of the problem
shall be included in the field notes. shall be included in the field notes. shall be included in the field notes.
Analysis of turbidity samples shall be performed in compliance with DEP-Analysis of turbidity samples shall be performed in compliance with DEP-Analysis of turbidity samples shall be
performed in compliance with DEP-SOP-001/01
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FT 1600 Field Measurement of Turbidity: FT 1600 Field Measurement of Turbidity: FT 1600 Field Measurement of Turbidity:
http://publicfiles.dep.state.fl.us/dear/sas/sopdoc/2008sops/ft1600.pdfhttp://publicfiles.dep.state.fl.us/dear/sas/sopdoc/2008sops/ft1600.pdfhttp://publicfiles.dep.state.fl.us/dear/sas/sopdoc/2008sops
/ft1600.pdf
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If the turbidity monitoring protocol specified above prevents the collection of accurate If the turbidity monitoring protocol specified above prevents the collection of accurate If
the turbidity monitoring protocol specified above prevents the collection of accurate
data, the person in charge of the turbidity monitoring shall contact the JCP Compliance
Officer to establish a more appropriate protocol. Once approved in writing by the
Department, the new protocol shall be implemented through an administrative permit
modification.
12. The compliance locations given above shall be considered the limits of the temporary
mixing zone for turbidity allowed during construction. If monitoring reveals turbidity
levels at the compliance sites are greater than 0 NTUs above the corresponding
background turbidity levels, construction activities shall cease immediately and shall not
resume until corrective measures have been taken and turbidity has returned to acceptable
levels. Any such occurrence shall be immediately reported to the JCP Compliance
Officer via email and copied to the DEP Southeast District Office. The subject line of the
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 10 of 27
email shall state: “TURBIDITY EXCEEDANCE” and shall include the project name
(PortMiami Cruise Berth H) and the permit number (0181285-014-BI).
Any project-associated turbidity source other than dredging or berth construction /
demolition (e.g., scow or pipeline leakage) shall be monitored as close to the source as
possible. If the turbidity level exceeds 0 NTUs above background the construction
activities related to the exceedance shall cease immediately and not resume until
corrective measures have been taken and turbidity has returned to acceptable levels. This
turbidity monitoring shall continue every hour until background turbidity levels are
restored or until otherwise directed by the Department. The Permittee shall notify the
Department, by separate email to the JCP Compliance Officer, of such an event within 24 Department, by separate email to the JCP Compliance Officer, of such an event within 24 Department,
by separate email to the JCP Compliance Officer, of such an event within 24
hours of the time the Permittee first becomes aware of the discharge. first becomes aware of the discharge. first becomes aware of the discharge. The subject line of
the email shall state “OTHER PROJECT-ASSOCIATED DISCHARGE, TURBIDITY ASSOCIATED DISCHARGE, TURBIDITY ASSOCIATED DISCHARGE, TURBIDITY
EXCEEDANCE”.
a. When reporting a turbidity exceedance, the following information shall be When reporting a turbidity exceedance, the following information shall be When reporting a turbidity exceedance,
the following information shall be
included:
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i. Project Name (PortMiami Project Name (PortMiami Project Name (PortMiami Cruise Berth HCruise Berth HCruise Berth H); );
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ii. Permit Number (0181285-014- Permit Number (0181285-014- Permit Number (0181285-014-BI); BI); BI);
iii. Location (shown on map with GPS coordinates); Location (shown on map with GPS coordinates); Location (shown on map with GPS coordinates);
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iv. Level (NTUs above background) of the turbidity exceedance; iv. Level (NTUs above background) of the turbidity exceedance; iv. Level (NTUs above background) of the turbidity exceedance;
v. Time and date that the exceedance occurred; and Time and date that the exceedance occurred; and Time and date that the exceedance occurred; and
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vi. Time and date that construction ceased. Time and date that construction ceased. Time and date that construction ceased.
b. Prior to re-commencing the commencing the commencing the construction, a report shall be emailed to the JCP
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Compliance Officer with the same information that was included in the
“Exceedance Report”, plus the following information:
i. Turbidity monitoring data collected during the shutdown documenting the
decline in turbidity levels and achievement of acceptable levels;
ii. Corrective measures that were taken; and
iii. Cause of the exceedance.
13. Turbidity Monitoring Reports. All turbidity monitoring data shall be submitted within
one week of analysis. The data shall be presented in tabular format, indicating the
measured turbidity levels at the compliance sites for each depth, the corresponding
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 11 of 27
background levels at each depth and the number of NTUs over background at each depth.
Any exceedances of the turbidity standard (0 NTUs above background) shall be
highlighted in the table. In addition to the raw and processed data, the reports shall also
contain the following information:
a. Time of day samples were taken;
b. Dates of sampling and analysis;
c. GPS location of sample and source. When possible, coordinates should be
provided in decimal degrees with a 5-decimal level of precision (i.e., 0.00001). provided in decimal degrees with a 5-decimal level of precision (i.e., 0.00001). provided in decimal
degrees with a 5-decimal level of precision (i.e., 0.00001).
Please also indicate the datum;
d. Depth of water body;
e. Depth of each sample;
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f. Antecedent weather conditions, including wind direction and velocity; Antecedent weather conditions, including wind direction and velocity; Antecedent weather conditions, including
wind direction and velocity;
g. Tidal stage and direction of flow; g. Tidal stage and direction of flow; g. Tidal stage and direction of flow;
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h. Water temperature; Water temperature; Water temperature;
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i. A geo-referenced map, overlaid on an aerial photograph, indicating the sampling -referenced map, overlaid on an aerial photograph, indicating the sampling -referenced map, overlaid
on an aerial photograph, indicating the sampling
locations (background and compliance), location of active construction, the locations (background and compliance), location of active construction, the locations (background and compliance),
location of active construction, the
visible plume pattern and direction of flow. The map shall also include the visible plume pattern and direction of flow. The map shall also include the visible plume pattern and direction
of flow. The map shall also include the
boundaries of any benthiboundaries of any benthiboundaries of any benthic resources or OFW. A sample map shall be submitted c resources or OFW. A sample map shall be submitted c resources
or OFW. A sample map shall be submitted
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to and reviewed by the Department prior to construction (Specific Condition 4to and reviewed by the Department prior to construction (Specific Condition 4to and reviewed by the Department
prior to construction (Specific Condition 4);
j. A statement describing the methods used in collection, handling, storage and j. A statement describing the methods used in collection, handling, storage and j. A statement describing
the methods used in collection, handling, storage and
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analysis of the samples; and analysis of the samples; and analysis of the samples; and
k. A statement by the individual responsible for implementation of the sampling
program concerning the authenticity, precision, limits of detection, calibration of
the meter, accuracy of the data and precision of the GPS measurements.
l. When samples cannot be collected, include an explanation in the report. If unable
to collect samples due to severe weather conditions, include a copy of a current
weather report from a reliable, independent source, such as an online weather
service.
Monitoring reports shall be submitted by email to the Department’s JCP Compliance
Officer. In the subject line of the reports, include the Project Name, Permit Number and
the dates of the monitoring interval. Failure to submit reports in a timely manner
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 12 of 27
constitutes grounds for revocation of the permit. When submitting this information to the
Department’s JCP Compliance Officer, on the cover page to the submittal and at the top
of each page, please state: "This information is provided in partial fulfillment of the
monitoring requirements in Permit No. 0181285-014-BI, for the PortMiami Cruise
Berth H Project”
14. SAV Monitoring shall be conducted to document any potential impacts to SAV
resources that may result from construction activities. Monitoring of SAV in the project
area shall be completed in accordance with the Submerged Aquatic Vegetation
Monitoring Plan for the Cruise Berth H dated January 3, 2020 (Cruise Berth H
SMP) which is herein incorporated by reference and is enforceable as an integral enforceable as an integral enforceable as an integral
component of this specific condition of the permit. Monitoring requirements are component of this specific condition of the permit. Monitoring requirements are component of this specific
condition of the permit. Monitoring requirements are
summarized below, but additional important details are prescribed in the monitoring plan. summarized below, but additional important details are prescribed in the monitoring plan.
summarized below, but additional important details are prescribed in the monitoring plan.
a. All SAV resources within the potential influence of thAll SAV resources within the potential influence of thAll SAV resources within the potential influence of the project shall be
monitored e project shall be monitored e project shall be monitored
before and after each construction event (Table before and after each construction event (Table before and after each construction event (Table 1).1). All SAV monitoring shall be All
SAV monitoring shall be All SAV monitoring shall be
completed during the peak growing season (June - completed during the peak growing season (June - completed during the peak growing season (June - September). September).
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b. The Permittee shall notify the JCP Compliance Officer prior to the initiation of shall notify the JCP Compliance Officer prior to the initiation of shall notify the JCP Compliance
Officer prior to the initiation of
each monitoring event and provide an approximate date that survey work will each monitoring event and provide an approximate date that survey work will each monitoring event and provide
an approximate date that survey work will
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begin. The Permittee shall notify the JCP Compliance Office when work has been shall notify the JCP Compliance Office when work has been shall notify the JCP Compliance Office when
work has been
initiated and when survey work has been completed. initiated and when survey work has been completed. initiated and when survey work has been completed.
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c. Monitoring shall include all SAV within 150 meters of the dredging template or Monitoring shall include all SAV within 150 meters of the dredging template or Monitoring shall include
all SAV within 150 meters of the dredging template or
within the authorized mixing zone, whichever area is greater. within the authorized mixing zone, whichever area is greater. within the authorized mixing zone, whichever area is greater.
d. Each survey shall include 1) delineation of SAV boundaries, 2) qualitative d. Each survey shall include 1) delineation of SAV boundaries, 2) qualitative d. Each survey shall include
1) delineation of SAV boundaries, 2) qualitative
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assessment of SAV condition, and 3) quantitative assessment of SAV species assessment of SAV condition, and 3) quantitative assessment of SAV species assessment of SAV condition, and
3) quantitative assessment of SAV species
composition and abundance. composition and abundance. composition and abundance.
e. Data (field datasheets and Excel spreadsheets), ArcGIS files, and representative Data (field datasheets and Excel spreadsheets), ArcGIS files, and representative Data (field datasheets
and Excel spreadsheets), ArcGIS files, and representative
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photos of the site shall be submitted within 45 days of the completion of each
survey. Within 90 days of completion of each Post-Construction Survey, a Post-
Construction SAV Report will be prepared and submitted to the JCP
Compliance Officer (Table 1).
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 13 of 27
Table 1: Summary of SAV surveys and associated deliverables.
Surveys Deliverable Timeline for Completion
Desktop Assessment and Summary of existing Growing season immediately
Reconnaissance Survey information; reconnaissance data prior to construction
SAV Map, narrative description
Pre-Construction Growing season immediately
of conditions, and pre-
Baseline Surveyprior to construction
construction data
Post-Construction SAV Report / Growing season immediately
Post-Construction Survey
and post-construction datafollowing construction
15. All benthic monitoring data and statistical analysis must be provided directly and benthic monitoring data and statistical analysis must be provided directly and benthic monitoring
data and statistical analysis must be provided directly and
concurrently from the monitoring firm to the Department, to the Department, to the Department, PermitteePermitteePermittee, Consultant(s), and
Local Sponsor(s) in order to comply with the Florida Auditor General report 2014-064 Local Sponsor(s) in order to comply with the Florida Auditor General report 2014-064 Local Sponsor(s)
in order to comply with the Florida Auditor General report 2014-064
and to be consistent with Section 287.057(17)(a)(1), F.S. Moreover, if a multi-and to be consistent with Section 287.057(17)(a)(1), F.S. Moreover, if a multi-and to be consistent with
Section 287.057(17)(a)(1), F.S. Moreover, if a multi-
disciplinary firm is contracted for engineering and benthic monitoring services or if the disciplinary firm is contracted for engineering and benthic monitoring services or if the disciplinary
firm is contracted for engineering and benthic monitoring services or if the
engineering firm subcontracts the post-construction benthic monitoring, the engineering firm subcontracts the post-construction benthic monitoring, the engineering firm subcontracts
the post-construction benthic monitoring, the Permittee (or
Local Sponsor) shall provide a plan that addresses conflicts of interest, consistent with plan that addresses conflicts of interest, consistent with plan that addresses conflicts of
interest, consistent with T
Section 287.057(17)(a)(1), F.S. This plan shall include a description of organizational, Section 287.057(17)(a)(1), F.S. This plan shall include a description of organizational, Section
287.057(17)(a)(1), F.S. This plan shall include a description of organizational,
physical, and electronic barriers that will be used to avoid potential conflicts of interest, physical, and electronic barriers that will be used to avoid potential conflicts of interest,
physical, and electronic barriers that will be used to avoid potential conflicts of interest,
and this plan must be approved by the Department prior to the initiation of benthic and this plan must be approved by the Department prior to the initiation of benthic and this plan
must be approved by the Department prior to the initiation of benthic
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monitoring.
MITIGATION
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16. Mitigation at Watson Island Park to offset impacts to surface water functions.at Watson Island Park to offset impacts to surface water functions.at Watson Island Park to offset impacts
to surface water functions. Impacts
to surface water functions associated with the proposed dredging and equilibration of to surface water functions associated with the proposed dredging and equilibration of to surface
water functions associated with the proposed dredging and equilibration of
side-slopes shall be offset by the creation of 0.14 acres of mangrove habitat and the side-slopes shall be offset by the creation of 0.14 acres of mangrove habitat and the side-slopes
shall be offset by the creation of 0.14 acres of mangrove habitat and the R
enhancement of 0.09 acres of mangrove habitat at the Watson Island Park mitigation site. enhancement of 0.09 acres of mangrove habitat at the Watson Island Park mitigation site. enhancement
of 0.09 acres of mangrove habitat at the Watson Island Park mitigation site.
All work at the mitigation site will be done in accAll work at the mitigation site will be done in accAll work at the mitigation site will be done in accordance with the Department-approved
April 2020 Watson Island Park Mitigation PApril 2020 Watson Island Park Mitigation PApril 2020 Watson Island Park Mitigation Plan, which is herein incorporated by
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reference and is enforceable as an integral component of this specific condition of the
permit. All earthwork, debris removal, and mangrove planting required pursuant to this
plan will be completed within one year of the completion of construction on the Cruise
Berth H project; installation of signage saying “Keep Boats off Shoreline – Mangrove
Planting Area” shall also be installed at the mitigation site within this time frame.
Maintenance of the Watson Island Park mitigation site. The Permittee shall complete
maintenance activities, including management of invasive / exotic vegetation, debris
removal, and ensuring signs are intact, for three years following planting as prescribed by
the mitigation plan. Since subsequent maintenance of the site will be the responsibility of
the City of Miami, the long-term agreement between the City of Miami and the Permittee
for maintenance of the mitigation site shall be submitted to the Department at least 15
days prior to the pre-construction conference (Specific Condition 4).
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 14 of 27
Monitoring requirements for the Watson Island Park mitigation site. Following the
completion of earthworks, debris removal, and planting of mangroves at the Watson
Island Park mitigation site, monitoring will be completed in accordance with the
Department-approved mitigation plan. Conditions at the mitigation site will be visually
assessed by qualified biologists, who will also collect quantitative information along a
series of transects and will photograph permanent stations in each of the three planting
areas (N1, N2, and S1) at the mitigation site to document the cover of mangroves and
invasive / exotic plant taxa over time. Monitoring will occur immediately following
planting (0-month, baseline), as well as 1-month, 6-months, 12-months, 18-months, 24-
months, and 36-months (final) after planting. Monitoring-related deliverables will be related deliverables will be related deliverables will be
submitted in accordance with the mitigation plan. Data deliverables will be provided to submitted in accordance with the mitigation plan. Data deliverables will be provided to submitted
in accordance with the mitigation plan. Data deliverables will be provided to
the JCP Compliance Officer no later than 45 days afterafterafterafterafter the completion of each survey. the completion of each survey. the completion of each survey.
Within 90 days of completion of each survey, a report describing the status of the Within 90 days of completion of each survey, a report describing the status of the Within 90 days of
completion of each survey, a report describing the status of the
mitigation site will be prepared and submitted to the JCP Compliance Officer. will be prepared and submitted to the JCP Compliance Officer. will be prepared and submitted to the JCP
Compliance Officer.
Success criteria for the Watson Island Park mitigation site: for the Watson Island Park mitigation site: for the Watson Island Park mitigation site: In order to be considered In order
to be considered
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successful, each of the planted areas (i.e. N1, N2, S1) areas (i.e. N1, N2, S1) areas (i.e. N1, N2, S1) shall have achieved:shall have achieved:
a. At least 80% survival of planted mangroves, and planted mangroves, and planted mangroves, and
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b. At least 25% areal coverage oft least 25% areal coverage oft least 25% areal coverage oft least 25% areal coverage oft least 25% areal coverage of mangroves based on average cover
in quadrats, and mangroves based on average cover in quadrats, and mangroves based on average cover in quadrats, and
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c. Less than or equal to 5% areal coverage ess than or equal to 5% areal coverage ess than or equal to 5% areal coverage by exotic and / or nuisance vegetation based
on average cover in quadrats. on average cover in quadrats. on average cover in quadrats.
17. Coral transplantation. Coral transplantation. Coral transplantation. The The The approved “approved “approved “Coral/Hardbottom Assessment/Mitigation Plan”
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shall be followed for all coral transplantation activities.followed for all coral transplantation activities.followed for all coral transplantation activities.
a. All scleractinian corals greater than 5 cm in diameter shall be transplanted from All scleractinian corals greater than 5 cm in diameter shall be transplanted from All scleractinian
corals greater than 5 cm in diameter shall be transplanted from the
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project area to existing artificial reef modules within County existing artificial reef modules within County existing artificial reef modules within County artificial reef site “POM
A”. Listed species of corals (Acropora spp., Orbicella spp., Dendrogyra cylindrus,
Mycetophyllia ferox) or non-listed Montastraea cavernosa and Pseudodiploria spp. of
any size, if found, shall be removed and donated to the coral nursery at Rosenstiel
School of Marine and Atmospheric Science. All identifiable colonies of Cladocora
arbuscula shall be transplanted, regardless of size. Additionally, a minimum of 180
colonies of Phyllangia americana greater than 5 cm in diameter shall be relocated
from the project area. If fewer than 180 P. americana colonies greater than 5 cm in
diameter are found within the project area, a compensatory number of smaller
colonies shall be transplanted.
b. All octocorals greater than 10 cm in height (excluding encrusting species
Erythropodium caribaeorum and Briareum asbestinum) shall be transplanted to
existing artificial reef modules within County artificial reef site POM A.
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 15 of 27
c. Should corals fragment upon removal, all fragments of the same broken coral must be
kept together and reconstructed by reattaching fragments as close together as possible
(like puzzle pieces – reattached within 5 mm apart from one another). The re-
constructed corals should be considered as one single coral for monitoring purposes.
d. All corals and octocorals shall be evaluated on health condition according to FWC
Guidelines and be devoid of any signs of diseases and presence of boring sponges.
e. All transplanted corals and octocorals shall be observed within one week of
transplantation to ensure successful attachment at the POM A reef site. If attachment transplantation to ensure successful attachment at the POM A reef site. If attachment transplantation
to ensure successful attachment at the POM A reef site. If attachment
of a colony is not successful but the coral/octocoral is still alive, efforts shall be made of a colony is not successful but the coral/octocoral is still alive, efforts shall be made
of a colony is not successful but the coral/octocoral is still alive, efforts shall be made
to reattach the colony.
f. Corals and octocorals shall be transplanted on the same day that they are detached f. Corals and octocorals shall be transplanted on the same day that they are detached f. Corals
and octocorals shall be transplanted on the same day that they are detached
from the project site. If weather conditions or other circumstances prohibit weather conditions or other circumstances prohibit weather conditions or other circumstances prohibit
transportation and attachment of corals and octocorals to the recipicorals and octocorals to the recipicorals and octocorals to the recipient site within the
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same day, colonies may be cached within a , colonies may be cached within a , colonies may be cached within a designated safe area designated safe area designated safe area and transplanted
to
the reef site at the earliest opportunity.the reef site at the earliest opportunity.the reef site at the earliest opportunity.
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g. Transplantation results, including post-attachment survival surveys, g. Transplantation results, including post-attachment survival surveys, g. Transplantation results, including
post-attachment survival surveys, shall be reported
to the Department (JCPJCPJCP Compliance Officer) within 30 days of completion of Compliance Officer) within 30 days of completion of Compliance Officer) within 30 days of completion
of
transplantation.
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h. Commencement and Commencement and Commencement and completion of coral transplantation must be reported to the completion of coral transplantation must be reported to the completion
of coral transplantation must be reported to the JCP
Compliance officeCompliance officeCompliance officer r r withinwithinwithin 24 hours prior to and following all transplantation 24 hours prior to and following all transplantation
24 hours prior to and following all transplantation
activities.activities.activities.
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18. Written notification shall be provided to the Department at least seven (7) days prior to 18. Written notification shall be provided to the Department at least seven (7) days prior
to 18. Written notification shall be provided to the Department at least seven (7) days prior to
the initiation of coral and octocoral transplanting activities begin. Additionally, the initiation of coral and octocoral transplanting activities begin. Additionally, the initiation
of coral and octocoral transplanting activities begin. Additionally,
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monitoring reports of the transplanted corals and artificial reef shall be provided to the monitoring reports of the transplanted corals and artificial reef shall be provided to the
monitoring reports of the transplanted corals and artificial reef shall be provided to the
Department within 90 days following completion of each monitoring event. The 90-day
requirement may be amended upon written notification from the Department.
SPECIFIC CONDITIONS - PROTECTED MARINE SPECIES
19. If the actual start date is different from the expected start date proposed during the
preconstruction conference, at least 48 hours prior to the commencement of the dredging
event, the Permitteeshall ensure that notification is sent to the FWC indicating the actual
start date and the expected completion date to marineturtle@myfwc.com. The Permittee
shall also ensure that all contracted workers and observers are provided a copy of all
permit conditions.
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 16 of 27
20. The Standard Manatee Construction Conditions for In-Water Work (2011) shall be
followed for all in-water construction activities.
a. All personnel associated with the project shall be instructed about the presence of
manatees and manatee speed zones, and the need to avoid collisions with, and
injury to manatees. The Permittee shall advise all construction personnel that
there are civil and criminal penalties for harming, harassing, or killing manatees,
which are protected under the Marine Mammal Protection Act, the Endangered
Species Act, and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle All vessels associated with the construction project shall operate at "Idle All vessels associated with
the construction project shall operate at "Idle
Speed/No Wake” at all times while in the immediate area and while in water Speed/No Wake” at all times while in the immediate area and while in water Speed/No Wake” at all times while
in the immediate area and while in water
where the draft of the vessel provides less than a four-f the vessel provides less than a four-f the vessel provides less than a four-foot clearance from the foot clearance from the
bottom. All vessels shall follow routes of deep water whenever possible. bottom. All vessels shall follow routes of deep water whenever possible. bottom. All vessels shall follow routes
of deep water whenever possible.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot Siltation or turbidity barriers shall be made of material in which manatees cannot Siltation or
turbidity barriers shall be made of material in which manatees cannot
become entangled, shall be properly secured, and shall be regularly monitored to become entangled, shall be properly secured, and shall be regularly monitored to become entangled, shall
be properly secured, and shall be regularly monitored to
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avoid manatee entanglement or entrapment. Barriers shall not impede manatee avoid manatee entanglement or entrapment. Barriers shall not impede manatee avoid manatee entanglement or
entrapment. Barriers shall not impede manatee
movement.
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d. All on-site project personnel are responsible for observing water--site project personnel are responsible for observing water--site project personnel are responsible for observing
water-related activities
for the presence of manatees. All infor the presence of manatees. All infor the presence of manatees. All in-water operations, including vessels, shall be -water operations, including
vessels, shall be -water operations, including vessels, shall be
shutdown if a manatee comes within 50 feet of the operation. Activities shall not shutdown if a manatee comes within 50 feet of the operation. Activities shall not shutdown if a manatee
comes within 50 feet of the operation. Activities shall not
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resume until every manatee has moved beyond the 50-foot radius of the project until every manatee has moved beyond the 50-foot radius of the project until every manatee has moved beyond
the 50-foot radius of the project
operation, or until 30 minutes has elapsed wherein a manatee has not reappeared operation, or until 30 minutes has elapsed wherein a manatee has not reappeared operation, or until 30
minutes has elapsed wherein a manatee has not reappeared
within 50 feet of the operation. Animals shall not be herded away or harassed into within 50 feet of the operation. Animals shall not be herded away or harassed into within 50 feet of
the operation. Animals shall not be herded away or harassed into
leaving. leaving. leaving.
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e. Any collision with or injury to a manatee shall be reported immediately to the llision with or injury to a manatee shall be reported immediately to the llision with or injury to
a manatee shall be reported immediately to the
FWC Hotline at 1FWC Hotline at 1FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be -888-404-FWCC. Collision and/or injury should also be -888-404-FWCC. Collision and/or
injury should also be
reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) reported to the U.S. Fish
and Wildlife Service in Jacksonville (1-904-731-3336)
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for north Florida or Vero Beach (1-772-562-3909) for south Florida.
f. Temporary signs concerning manatees shall be posted prior to and during all in-
water project activities. All signs are to be removed by the Permittee upon
completion of the project. Awareness signs that have already been approved for
this use by the Florida Fish and Wildlife Conservation Commission (FWC) must
be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee
Area must be posted. A second sign measuring at least 8 1/2" by 11" explaining
the requirements for “Idle Speed/No Wake” and the shutdown of in-water
operations must be posted in a location prominently visible to all personnel
engaged in water-related activities. Please see the Florida Fish and Wildlife
Conservation Commission website for information on how to obtain appropriate
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 17 of 27
signs:
http://www.myfwc.com/docs/WildlifeHabitats/Manatee_EducationalSign.pdf
21. The Permittee shall ensure that an observer(s) shall watch for protected marine species
(manatees, marine turtles, dolphins, etc.) during all in-water work associated with
dredging operations to ensure compliance with the stop work zone required in this
authorization. All observers shall have prior on-the-job observation experience (including
previous sightings of manatees) during previous dredging work where the activities were
similar in nature to this project. The Permittee shall ensure that all observers are given a
copy of the permit for the project, including all special conditions, prior to the
commencement of construction. FWC guidelines regarding observers can be found at the commencement of construction. FWC guidelines regarding observers can be found at the commencement
of construction. FWC guidelines regarding observers can be found at the
following website: http://www.myfwc.com/wildlifehabitats/managed/manatee/watchhttp://www.myfwc.com/wildlifehabitats/managed/manatee/watchhttp://www.myfwc.com/wildlifehabitats/managed/manatee/watch-
program/.
22. The Permittee/Contractor shall maintain a daily log that details sightings, collisions, or Permittee/Contractor shall maintain a daily log that details sightings, collisions, or
Permittee/Contractor shall maintain a daily log that details sightings, collisions, or
injuries to protected marine species (manatees and marine turtles). The logs shall also injuries to protected marine species (manatees and marine turtles). The logs shall also injuries
to protected marine species (manatees and marine turtles). The logs shall also
include the following project specific information: work itinerary; weather; workinclude the following project specific information: work itinerary; weather; workinclude the following
project specific information: work itinerary; weather; work
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shutdown times; observer shift changes. In regard to manatee behavior, the observers shutdown times; observer shift changes. In regard to manatee behavior, the observers shutdown times;
observer shift changes. In regard to manatee behavior, the observers
shall also log time of observation; duration of sightings; estimated distance of animal shall also log time of observation; duration of sightings; estimated distance of animal shall
also log time of observation; duration of sightings; estimated distance of animal
from the dredge/equipment/vessel; animal behavior during the sighting (such as passing from the dredge/equipment/vessel; animal behavior during the sighting (such as passing from the
dredge/equipment/vessel; animal behavior during the sighting (such as passing
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through, pausing in the vicinity of the project, interacting with the dredge, scows tugs, through, pausing in the vicinity of the project, interacting with the dredge, scows tugs, through,
pausing in the vicinity of the project, interacting with the dredge, scows tugs,
etc. attracted to running or dripping water); detection method; whether the dredge was etc. attracted to running or dripping water); detection method; whether the dredge was etc. attracted
to running or dripping water); detection method; whether the dredge was
operating at time of observation; and actions taken as a result of the sighting, collisions or operating at time of observation; and actions taken as a result of the sighting, collisions
or operating at time of observation; and actions taken as a result of the sighting, collisions or
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injuries.
A final report summarizing the logs shall be sent to FWC at A final report summarizing the logs shall be sent to FWC at A final report summarizing the logs shall be sent to FWC at
ImperiledSpecies@myfwc.com ImperiledSpecies@myfwc.com ImperiledSpecies@myfwc.com no later than 30 days after demobilization of final project no later than 30 days after demobilization
of final project no later than 30 days after demobilization of final project
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completion. The report shall include project name and permit number, names of completion. The report shall include project name and permit number, names of completion. The report shall
include project name and permit number, names of
observers and contact information. observers and contact information. observers and contact information.
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23. To avoid impacts to protected marine species (manatees, dolphins, marine tur23. To avoid impacts to protected marine species (manatees, dolphins, marine tur23. To avoid impacts
to protected marine species (manatees, dolphins, marine turtles, etc.)
during clamshell dredging, the following conditions shall be followed:
a. Open water dredging shall be conducted during daylight hours only.
b. During clamshell operations, the dredge operator shall gravity-release the
clamshell bucket only at the water’s surface, and only after confirmation that
there are no protected species within the 50-foot designated safety distance. The
protected marine species observer shall notify the Contractor if protected marine
species enter within the designated safety distance. Prior to lowering the dredge
bucket to the water's surface, the water immediately below and adjacent to the
bucket shall be scanned for the presence of protected marine species, and all
dredging operations shall cease if a protected marine species is observed.
Activities shall not resume until the protected marine species has moved beyond
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 18 of 27
the immediate area of the project operation, or, if the protected marine species
submerges, until 30 minutes elapses and the protected marine species has not
reappeared within the immediate area of the operation;
24. If pile-driving activities occur, the following measures shall be followed:
a. At least one observer shall be onsite at all times and dedicated to the task of
watching for manatees during the in-water pile driving construction work.
Observers must have prior on-the-job experience as a dedicated manatee observer,
observing for manatees during similar in-water work and shall perform no other
duties that may interfere with their ability to observe for protected marine species.
All pile-driving activity shall be confined to daylight hours. -driving activity shall be confined to daylight hours. -driving activity shall be confined to daylight hours.
b. The pile driving activities will use a ramp-up measure. At the start of pile driving, -up measure. At the start of pile driving, -up measure. At the start of pile driving,
hammers would initially be operated at low levels, then gradually increase to hammers would initially be operated at low levels, then gradually increase to hammers would initially be
operated at low levels, then gradually increase to
minimum necessary power required for pile installation. Monitoring for protected minimum necessary power required for pile installation. Monitoring for protected minimum necessary power
required for pile installation. Monitoring for protected
marine species will occur for 30 minutes prior to pile driving, during pile driving, marine species will occur for 30 minutes prior to pile driving, during pile driving, marine species
will occur for 30 minutes prior to pile driving, during pile driving,
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and for 30 minutes after pile driving ends. and for 30 minutes after pile driving ends. and for 30 minutes after pile driving ends.
c. If the activities appear to harass or inIf the activities appear to harass or inIf the activities appear to harass or inIf the activities appear to harass or inIf the activities appear
to harass or inIf the activities appear to harass or injure a protected marine species, then work jure a protected marine species, then work jure a protected marine species, then work
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shall cease immediately and not resume until after consultation with the Florida shall cease immediately and not resume until after consultation with the Florida shall cease immediately
and not resume until after consultation with the Florida
Fish and Wildlife Conservation Commission (FWC) at Fish and Wildlife Conservation Commission (FWC) at Fish and Wildlife Conservation Commission (FWC) at
ImperiledSpecies@myfwc.comImperiledSpecies@myfwc.comImperiledSpecies@myfwc.com or 8or 8or 850-922-4330. Any additional conservation 50-922-4330. Any additional conservation
measures deemed necessary by FWC must be implemented to minimize the risks measures deemed necessary by FWC must be implemented to minimize the risks measures deemed necessary by FWC
must be implemented to minimize the risks
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to protected species. to protected species. to protected species.
d.If there is any unusual manatee behavior in the vicinity of the pile driving, but the If there is any unusual manatee behavior in the vicinity of the pile driving, but the If there
is any unusual manatee behavior in the vicinity of the pile driving, but the
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behavior does not appear to be a result of injury or harassment (such as if behavior does not appear to be a result of injury or harassment (such as if behavior does not appear to be
a result of injury or harassment (such as if
manatees are attracted to the activity, or if they appear spooked or otherwise manatees are attracted to the activity, or if they appear spooked or otherwise manatees are attracted to
the activity, or if they appear spooked or otherwise
appear unnatural), a final report shall be sent to the Florida Fish and Wildlife appear unnatural), a final report shall be sent to the Florida Fish and Wildlife appear unnatural), a
final report shall be sent to the Florida Fish and Wildlife
Conservation Commission at Conservation Commission at Conservation Commission at ImperiledSpecies@myfwc.com, no later than 30
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days after final project completion. The report shall describe the animal’s
behavior, distance from activity, and any measures taken if needed. Please
include the project name and permit number, names of observers and contact
information, and summaries of all protected marine species sightings.
25. To reduce the risk of a vessel crushing a manatee, the permittee shall install wharf
fenders with appropriate materials to provide sufficient standoff space of at least four feet
under maximum designed compression. Fenders or buoys providing a minimum standoff
space of at least four feet under maximum designed compression shall also be utilized
between two vessels that are moored together.
26. To reduce the risk of entrapment and drowning of manatees, manatee exclusion devices
(such as grating) shall be installed and maintained over any existing or proposed pipes or
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 19 of 27
culverts greater than 8 inches, but smaller than 8 feet in diameter that are submerged or
partially submerged and reasonably accessible to manatees. If horizontal or vertical bars
are used, no more than 8-inch gaps on center shall be allowed. Grates shall be in place at
the accessible end(s) during all phases of the construction process and as a final design
element to restrict manatee access.
27. While performing backfilling between the bulkheads, it is important to ensure that
manatees or sea turtles do not become entrapped during sheet pile installation or gain
access after the sheet pile has been installed and before filling work has been completed.
The new bulkhead installation shall be completed only after a dedicated observer
confirms that no manatees will be trapped in the area to be filled landward of the new confirms that no manatees will be trapped in the area to be filled landward of the new confirms
that no manatees will be trapped in the area to be filled landward of the new
bulkhead. If a manatee or sea turtle becomes entrapped, the area shall be opened up to anatee or sea turtle becomes entrapped, the area shall be opened up to anatee or sea turtle becomes
entrapped, the area shall be opened up to
allow the manatee or turtle to leave of its own volition. It shall not be herded or harassed allow the manatee or turtle to leave of its own volition. It shall not be herded or harassed
allow the manatee or turtle to leave of its own volition. It shall not be herded or harassed
into leaving the area.
28. Blasting is not authorized for this project. If the construction methodology changes in the 28. Blasting is not authorized for this project. If the construction methodology changes
in the 28. Blasting is not authorized for this project. If the construction methodology changes in the
future to include blasting, a modification to the permit is needed. future to include blasting, a modification to the permit is needed. future to include blasting, a modification
to the permit is needed. Specific conditions
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must address impacts to protected marine species if blasting is proposed. Such conditions must address impacts to protected marine species if blasting is proposed. Such conditions
must address impacts to protected marine species if blasting is proposed. Such conditions
shall be in the form of an appropriate Blast and Watch Plan, approved by the Florida Fish shall be in the form of an appropriate Blast and Watch Plan, approved by the Florida Fish shall
be in the form of an appropriate Blast and Watch Plan, approved by the Florida Fish
and Wildlife Conservation Commission, which can be contacted at and Wildlife Conservation Commission, which can be contacted at and Wildlife Conservation Commission, which can be contacted
at
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ImperiledSpecies@myfwc.comImperiledSpecies@myfwc.comImperiledSpecies@myfwc.com. . .
29. Reporting. If an injured or dead marine mammal or marine turtleIf an injured or dead marine mammal or marine turtleIf an injured or dead marine mammal or marine turtle is discovered
in the
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vicinity of the project location while mobilized, the following shall occur: vicinity of the project location while mobilized, the following shall occur: vicinity of the project location
while mobilized, the following shall occur:
a. The Contractor shall The Contractor shall The Contractor shall cease cease cease all work and immediately notify the all work and immediately notify the Permittee, and the
Contractor/Contractor/Contractor/PermitteePermitteePermittee shall immediately notify the JCP Compliance Offishall immediately notify the JCP Compliance Offishall immediately notify
the JCP Compliance Officer:
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JCPCompliance@dep.state.fl.us JCPCompliance@dep.state.fl.us JCPCompliance@dep.state.fl.us as well as the applicable agencies. The
Contractor/Contractor/Contractor/PermitteePermitteePermittee shall maintain contact with the injured or dead animal to the
greatest extent practicable until authorities (i.e., FWC and / or NMFS) arrive to greatest extent practicable until authorities (i.e., FWC and / or NMFS) arrive to greatest extent practicable
until authorities (i.e., FWC and / or NMFS) arrive to
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retrieve the animal. Work shall not continue until the applicable wildlife agency mal. Work shall not continue until the applicable wildlife agency mal. Work shall not continue until
the applicable wildlife agency
has arrived on scene and recovered or rescued the animal.
• FWC Wildlife Alert Hotline: 1-888-404-3922 and
ImperiledSpecies@myfwc.com (manatees, marine turtles and whales)
• NMFS Emergency Stranding Hotline: 1-877-433-8299 (marine turtles, whales
and dolphins)
• STSSN: SeaTurtleStranding@myfwc.com
Details of the incident shall be sent to FWC at ImperiledSpecies@myfwc.com
within 24 hours. Information shall include, but not be limited to: a narrative of the
incident, photographs/videos of the incident and surrounding environment (if
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 20 of 27
possible), a GPS point where the animal was discovered, names, titles and contact
numbers of all personnel onsite at the time of the incident, and the name, title and
contact number for the designated Port Authority representative. Additional
information may be requested by FWC and telephone interviews may be required.
b. Preliminary assessments of the incident information by FWC and the Department
may require that work temporarily cease upon notification and not resume until
FWC can confirm that all permit conditions are being appropriately implemented.
If needed, FWC will provide DEP and the Permittee any additional protection
measures necessary to minimize future risks to protected marine species. The
Department will determine whether or not a permit modification is requDepartment will determine whether or not a permit modification is requDepartment will determine whether or not a
permit modification is required if
substantial modifications to protective measures are requested by FWC. modifications to protective measures are requested by FWC. modifications to protective measures are requested
by FWC.
30. Progress reports for the project shall be submitted to the Department beginning 90 days 30. Progress reports for the project shall be submitted to the Department beginning 90 days
30. Progress reports for the project shall be submitted to the Department beginning 90 days
after commencement and shall continue to be submitted quarterly until construction after commencement and shall continue to be submitted quarterly until construction after commencement
and shall continue to be submitted quarterly until construction of
the permitted project is completed. The cover page shall indicate the permit number, the permitted project is completed. The cover page shall indicate the permit number, the permitted
project is completed. The cover page shall indicate the permit number,
project name and the Permittee/Agent’s contact information. Progress reports must be /Agent’s contact information. Progress reports must be /Agent’s contact information. Progress reports
must be
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submitted to the Department even if there is no ongoing construction. Reports shalsubmitted to the Department even if there is no ongoing construction. Reports shalsubmitted to the Department
even if there is no ongoing construction. Reports shall
include the current project status and the construction schedule for the following six include the current project status and the construction schedule for the following six include
the current project status and the construction schedule for the following six
months. In addition, the report shall include the following information: months. In addition, the report shall include the following information: months. In addition, the report shall
include the following information:
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a. The permit number (0181285-014- The permit number (0181285-014- The permit number (0181285-014-BI), project name (PortMiami BI), project name (PortMiami BI), project name (PortMiami
Cruise Berth H),
reference to this Specific Condition and date permitted activity was begun; if o this Specific Condition and date permitted activity was begun; if o this Specific Condition and date
permitted activity was begun; if
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work has not begun on-work has not begun on-work has not begun on-site, please indicatesite, please indicatesite, please indicate accordingly.
b. A brief description and extent of the work (e.g., percentage of dredging) b. A brief description and extent of the work (e.g., percentage of dredging) b. A brief description and
extent of the work (e.g., percentage of dredging)
completed since the previous report or since the permit was issued, including completed since the previous report or since the permit was issued, including completed since the previous
report or since the permit was issued, including
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copies of the permit drawings showing those areas where work has been copies of the permit drawings showing those areas where work has been copies of the permit drawings showing those
areas where work has been
completed. completed. completed.
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c. A brief description and extent of the work anticipated in the next three months. A brief description and extent of the work anticipated in the next three months. A brief description
and extent of the work anticipated in the next three months.
Indicate on copies of the permit drawings those areas where it is anticipated that
work will be done.
d. On the first page of the report, just below the title, the certification of the
following statement by the individual who supervised preparation of the report:
"This report represents a true and accurate description of the activities conducted
during the three-month period covered by this report."
SPECIFIC CONDITIONS- CONSTRUCTION COMPLETION
31. Within 14 days after completion of construction of the permitted or authorized activity,
the Permittee shall include a written statement of completion. The following information
shall be included:
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 21 of 27
a. The permit number (0181285-014-BI) and the project name (PortMiami Cruise
Berth H)
b. The date on which construction activities began and the date of completion;
c. A table identifying any violations of turbidity standards which occurred during
dredging or disposal, the probable causes of the violations and corrective
measures taken to reduce turbidity
32. Within 90 days after completion of construction of the permitted or authorized activity,
and prior to transfer to operation, the Permittee shall submit an Asshall submit an Asshall submit an As-Built Survey signed,
sealed and dated by a Florida licensed Surveyor and Mapper in accordance with Chapter sealed and dated by a Florida licensed Surveyor and Mapper in accordance with Chapter sealed and
dated by a Florida licensed Surveyor and Mapper in accordance with Chapter
61G17-7, Florida Administrative Code. When the completed activity differs substantially 61G17-7, Florida Administrative Code. When the completed activity differs substantially 61G17-7,
Florida Administrative Code. When the completed activity differs substantially
from the permit drawings, any substantial deviations shall be noted and explained. Unless from the permit drawings, any substantial deviations shall be noted and explained. Unless from
the permit drawings, any substantial deviations shall be noted and explained. Unless
pre-authorized by the Department, any significant changes could be considered to be non--authorized by the Department, any significant changes could be considered to be non--authorized
by the Department, any significant changes could be considered to be non-
compliance with the permit.
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GENERAL CONDITIONS FOR INDIVIDUAL PERMITS GENERAL CONDITIONS FOR INDIVIDUAL PERMITS GENERAL CONDITIONS FOR INDIVIDUAL PERMITS
The following general conditions are binding on all individual permits issued under chapter 62-The following general conditions are binding on all individual permits issued under chapter
62-The following general conditions are binding on all individual permits issued under chapter 62-
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330, F.A.C., except where the conditions are not applicable to the authorized activity, or where 330, F.A.C., except where the conditions are not applicable to the authorized activity,
or where 330, F.A.C., except where the conditions are not applicable to the authorized activity, or where
the conditions must be modified to accommodate project-the conditions must be modified to accommodate project-the conditions must be modified to accommodate project-specific conditions.
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1. All activities shall be implemented following the plans, specifications and performance All activities shall be implemented following the plans, specifications and performance All
activities shall be implemented following the plans, specifications and performance
criteria approved by this permit. Any deviations must be authorized in a permit criteria approved by this permit. Any deviations must be authorized in a permit criteria approved by this
permit. Any deviations must be authorized in a permit
modification in accordance with Rule 62modification in accordance with Rule 62modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so
authorized may subject the authorized may subject the authorized may subject the PermitteePermitteePermittee to enforcement action and revocation of the permit
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under Chapter 373, F.S. under Chapter 373, F.S. under Chapter 373, F.S.
2. A complete copy of this permit shall be kept at the work site of the permitted activity A complete copy of this permit shall be kept at the work site of the permitted activity A
complete copy of this permit shall be kept at the work site of the permitted activity
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during the construction phase and shall be available for review at the work site upon during the construction phase and shall be available for review at the work site upon during the
construction phase and shall be available for review at the work site upon
request by the Agency staff. The Permittee shall require the contractor to review the
complete permit prior to beginning construction.
3. Activities shall be conducted in a manner that does not cause or contribute to violations
of state water quality standards. Performance-based erosion and sediment control best
management practices shall be installed immediately prior to construction and be
maintained during and after construction as needed, to prevent adverse impacts to the
water resources and adjacent lands. Such practices shall be in accordance with the State
of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida
Department of Environmental Protection and Florida Department of Transportation
June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s
Manual (Florida Department of Environmental Protection, Nonpoint Source
Management Section, Tallahassee, Florida, July 2008), which are both incorporated by
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 22 of 27
reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion
and sediment control plan is approved or other water quality control measures are
required as part of the permit.
4. At least 48 hours prior to beginning the authorized activities, the Permittee shall submit
to the Agency a fully executed Form 62-330.350(1), “Construction Commencement
Notice,” \[October 1, 2013\], which is incorporated by reference in paragraph 62-
330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this
form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.
If available, an Agency website that fulfills this notification requirement may be used in
lieu of the form.
5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an is transferred under Rule 62-330.340, F.A.C., or transferred to an is transferred under Rule
62-330.340, F.A.C., or transferred to an
operating entity under Rule 62-330.310, F.A.C., the operating entity under Rule 62-330.310, F.A.C., the operating entity under Rule 62-330.310, F.A.C., the PermitteePermitteePermittee
is liable to comply with the is liable to comply with the is liable to comply with the
plans, terms and conditions of the permit for the life of the project or activity. plans, terms and conditions of the permit for the life of the project or activity. plans, terms and
conditions of the permit for the life of the project or activity.
6. Within 30 days after completing construction of the entire project, or any independent 6. Within 30 days after completing construction of the entire project, or any independent
6. Within 30 days after completing construction of the entire project, or any independent
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portion of the project, the Permittee shall provide the following to the Agency, as shall provide the following to the Agency, as shall provide the following to the Agency, as
applicable:
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a. For an individual, private single-family residential dwelling unit, duplex, triplex, For an individual, private single-family residential dwelling unit, duplex, triplex, For an
individual, private single-family residential dwelling unit, duplex, triplex,
Activities Associated With a Private SingleActivities Associated With a Private SingleActivities Associated With a Private Single-Family Dwelling Unit” \[Form 62-
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330.310(3)\]; or 330.310(3)\]; or
b. -Built Certification and Request for Conversion to -Built Certification and Request for Conversion to
Operational Phase” \[Form 62-330.310(1)\]. Operational Phase” \[Form 62-330.310(1)\]. Operational Phase” \[Form 62-330.310(1)\].
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c. If available, an Agency website that fulfills this certification requirement may be If available, an Agency website that fulfills this certification requirement may be If available,
an Agency website that fulfills this certification requirement may be
used in lieu of the form. used in lieu of the form. used in lieu of the form.
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7. If the final operation and maintenance entity is a third party:
a. Prior to sales of any lot or unit served by the activity and within one year of
permit issuance, or within 30 days of as- built certification, whichever comes first,
the Permittee shall submit, as applicable, a copy of the operation and maintenance
documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the
Department of State, Division of Corporations and a copy of any easement, plat,
or deed restriction needed to operate or maintain the project, as recorded with the
Clerk of the Court in the County in which the activity is located.
b. Within 30 days of submittal of the as-built certification, the Permitteeshall submit
“Request for Transfer of Environmental Resource Permit to the Perpetual
Operation Entity” \[Form 62-330.310(2)\] to transfer the permit to the operation
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 23 of 27
and maintenance entity, along with the documentation requested in the form. If
available, an Agency website that fulfills this transfer requirement may be used in
lieu of the form.
8. The Permittee shall notify the Agency in writing of changes required by any other
regulatory agency that require changes to the permitted activity, and any required
modification of this permit must be obtained prior to implementing the changes.
9. This permit does not:
a. Convey to the Permittee any property rights or privileges, or any other rights or
privileges other than those specified herein or in Chapter 62-privileges other than those specified herein or in Chapter 62-privileges other than those specified herein or in Chapter
62-330, F.A.C.;
b. Convey to the Permittee or create in the PermitteePermitteePermittee any interest in real property; any interest in real property; any interest in real property;
c. Relieve the Permittee from the need to obtain and comply with any other required from the need to obtain and comply with any other required from the need to obtain and comply with
any other required
federal, state, and local authorization, law, rule, or ordinance; or and local authorization, law, rule, or ordinance; or and local authorization, law, rule, or ordinance; or
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d. Authorize any entrance upon or work on property that is not owned, held in d. Authorize any entrance upon or work on property that is not owned, held in d. Authorize any entrance
upon or work on property that is not owned, held in
easement, or controlled by the easement, or controlled by the easement, or controlled by the PermitteePermitteePermittee. .
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10. Prior to conducting any activities on state-owned submerged lands or other lands of the 10. Prior to conducting any activities on state-owned submerged lands or other lands of
the 10. Prior to conducting any activities on state-owned submerged lands or other lands of the
state, title to which is vested in the Board of Trustees of the Internal Improvement Trust state, title to which is vested in the Board of Trustees of the Internal Improvement Trust
state, title to which is vested in the Board of Trustees of the Internal Improvement Trust
Fund, the Permittee must receive all necessary approvals and authorizations umust receive all necessary approvals and authorizations umust receive all necessary approvals and authorizations
under
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Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Chapters
253 and 258, F.S. Written authorization that requires formal execution by the
Board of Trustees of the Internal Improvement Trust Fund shall not be considered Board of Trustees of the Internal Improvement Trust Fund shall not be considered Board of Trustees of
the Internal Improvement Trust Fund shall not be considered
received until it has been fully executed. received until it has been fully executed. received until it has been fully executed.
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11. The Permittee shall hold and save the Agency harmless from any and all damages, shall hold and save the Agency harmless from any and all damages, shall hold and save the Agency
harmless from any and all damages,
claims, or liabilities that may arise by reason of the construction, alteration, operation, claims, or liabilities that may arise by reason of the construction, alteration, operation,
claims, or liabilities that may arise by reason of the construction, alteration, operation,
maintenance, removal, abandonment or use of any project authorized by the permit. maintenance, removal, abandonment or use of any project authorized by the permit. maintenance, removal,
abandonment or use of any project authorized by the permit.
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12. The Permittee shall notify the Agency in writing:
a. Immediately if any previously submitted information is discovered to be
inaccurate; and
b. Within 30 days of any conveyance or division of ownership or control of the
property or the system, other than conveyance via a long-term lease, and the new
owner shall request transfer of the permit in accordance with Rule 62-330.340,
F.A.C. This does not apply to the sale of lots or units in residential or commercial
subdivisions or condominiums where the stormwater management system has
been completed and converted to the operation phase.
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 24 of 27
13. Upon reasonable notice to the Permittee, Agency staff with proper identification shall
have permission to enter, inspect, sample and test the project or activities to ensure
conformity with the plans and specifications authorized in the permit.
14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal
implements, dugout canoes, or any other physical remains that could be associated with
Native American cultures, or early colonial or American settlement are encountered at
any time within the project site area, work involving subsurface disturbance in the
immediate vicinity of such discoveries shall cease. The Permittee or other designee shall
contact the Florida Department of State, Division of Historical Resources, Compliance
and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate and Review Section,
at (850) 245-6333 or (800) 847-7278, as well as the appropriate
permitting agency office. Such subsurface work shall not resume without verbal or permitting agency office. Such subsurface work shall not resume without verbal or permitting agency
office. Such subsurface work shall not resume without verbal or
written authorization from the Division of Historical Resources. If unmarked human written authorization from the Division of Historical Resources. If unmarked human written authorization
from the Division of Historical Resources. If unmarked human
remains are encountered, all work shall stop immediately, and notification shall be remains are encountered, all work shall stop immediately, and notification shall be remains are encountered,
all work shall stop immediately, and notification shall be
provided in accordance with Section 872.05, F.S. provided in accordance with Section 872.05, F.S. provided in accordance with Section 872.05, F.S.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the a wetland or other surface water submitted as part of the a wetland or other surface water
submitted as part of the
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permit application, including plans or other supporting documentation, shall not be permit application, including plans or other supporting documentation, shall not be permit application,
including plans or other supporting documentation, shall not be
considered binding unless a specific condition of this permit or a formal determination considered binding unless a specific condition of this permit or a formal determination considered
binding unless a specific condition of this permit or a formal determination
under Rule 62-330.201, F.A.C., provides otherwise. A.C., provides otherwise. A.C., provides otherwise.
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16. The Permittee shall provide routine maintenance of all components of the stormwater shall provide routine maintenance of all components of the stormwater shall provide routine
maintenance of all components of the stormwater
management system to remove trapped sediments and debris. Removed materials shall be management system to remove trapped sediments and debris. Removed materials shall be management system
to remove trapped sediments and debris. Removed materials shall be
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disposed of in a landfill or other uplands in a manner that does not require a permit under disposed of in a landfill or other uplands in a manner that does not require a permit under
disposed of in a landfill or other uplands in a manner that does not require a permit under
Chapter 62-330, F.A.C., or cause violations of state water quality standards. Chapter 62-330, F.A.C., or cause violations of state water quality standards. Chapter 62-330, F.A.C.,
or cause violations of state water quality standards.
17. This permit is issued based on the applicant’s submitted information that reasonably 17. This permit is issued based on the applicant’s submitted information that reasonably 17.
This permit is issued based on the applicant’s submitted information that reasonably
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demonstrates that adverse water resourcedemonstrates that adverse water resourcedemonstrates that adverse water resource-related impacts will not be caused by the
completed permit activity. If any adverse impacts result, the Agency will require the completed permit activity. If any adverse impacts result, the Agency will require the completed
permit activity. If any adverse impacts result, the Agency will require the
Permittee to eliminate the cause, obtain any necessary permit modification, and take any to eliminate the cause, obtain any necessary permit modification, and take any to eliminate
the cause, obtain any necessary permit modification, and take any
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necessary corrective actions to resolve the adverse impacts. necessary corrective actions to resolve the adverse impacts. necessary corrective actions to resolve the adverse impacts.
18. A Recorded Notice of Environmental Resource Permit may be recorded in the county
public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an
encumbrance upon the property.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a
petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S.,
before the deadline for filing a petition. On the filing of a timely and sufficient petition, this
action will not be final and effective until further order of the Department. Because the
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 25 of 27
administrative hearing process is designed to formulate final agency action, the hearing process
may result in a modification of the agency action or even denial of the application.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department’s action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-
106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following
information:
(a) The name and address of each agency affected and each agency’s file or identification
number, if known;
(b) The name, address, and telephone number of the petitioner; the name, address, and The name, address, and telephone number of the petitioner; the name, address, and The name, address,
and telephone number of the petitioner; the name, address, and
telephone number of the petitioner’s representative, if any, which shall be the address for telephone number of the petitioner’s representative, if any, which shall be the address for
telephone number of the petitioner’s representative, if any, which shall be the address for
service purposes during the course of the proceeding; and an explanation of how the service purposes during the course of the proceeding; and an explanation of how the service purposes
during the course of the proceeding; and an explanation of how the
petitioner’s substantial interests are or will be affected by the agency determination;petitioner’s substantial interests are or will be affected by the agency determination;petitioner’s
substantial interests are or will be affected by the agency determination;
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(c) A statement of when and how the petitioner received notice of the agency decision; A statement of when and how the petitioner received notice of the agency decision; A statement
of when and how the petitioner received notice of the agency decision;
(d)A statement of all disputed issues of material fact. If there are nonA statement of all disputed issues of material fact. If there are nonA statement of all disputed issues of material
fact. If there are none, the petition must so
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indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the A concise statement of the ultimate facts alleged, including the specific facts that the
A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency’s proposed action; petitioner contends warrant reversal or modification of the agency’s proposed action; petitioner
contends warrant reversal or modification of the agency’s proposed action; A
(f) A statement of the specific rules or statutes tA statement of the specific rules or statutes tA statement of the specific rules or statutes that the petitioner contends require reversal
or
modification of the agency’s proposed action, including an explanation of how the modification of the agency’s proposed action, including an explanation of how the modification of the
agency’s proposed action, including an explanation of how the
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alleged facts relate to the specific rules or statutes; andalleged facts relate to the specific rules or statutes; andalleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisA statement of the relief sought by the petitioner, stating precisA statement of the relief sought by the petitioner,
stating precisely the action that the
petitioner wishes the agency to take with respect to the agency’s proposed action. petitioner wishes the agency to take with respect to the agency’s proposed action. petitioner wishes
the agency to take with respect to the agency’s proposed action.
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The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the
petition shall be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed
within 21 days of receipt of this written notice. Petitions filed by any persons other than the
applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be
filed within 21 days of publication of the notice or within 21 days of receipt of the written notice,
whichever occurs first. The failure to file a petition within the appropriate time period shall
constitute a waiver of that person's right to request an administrative determination (hearing)
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 26 of 27
under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a
party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only
at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-
106.205, F.A.C.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department’s action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-Department
at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, befo3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, befo3000, or via electronic correspondence
at Agency_Clerk@dep.state.fl.us, before the deadline for
filing a petition for an administrative hearing. A timely request for extension of time shall toll the filing a petition for an administrative hearing. A timely request for extension
of time shall toll the filing a petition for an administrative hearing. A timely request for extension of time shall toll the
running of the time period for filing a petition until the request is acted upon. running of the time period for filing a petition until the request is acted upon. running of the time
period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
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FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S.,
may The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
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also seek appellate review of this order before the Land and Water Adjudicatory Commission also seek appellate review of this order before the Land and Water Adjudicatory Commission
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S. under Section 373.114(1) or 373.4275, F.S. under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Requests
for review before the Land and Water Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Adjudicatory Commission must be filed with the Secretary of the Commission and served on
the Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
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Department within 20 days from the date when this order is filed with the Clerk of the Department within 20 days from the date when this order is filed with the Clerk of the Department
within 20 days from the date when this order is filed with the Clerk of the
Department.
Judicial Review
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Once this decision becomes final, any party to this action has the right to seek judicial review Once this decision becomes final, any party to this action has the right to seek judicial
review Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of
Appellate Procedure 9.110 and 9.190 with the Clerk of the Department Appellate Procedure 9.110 and 9.190 with the Clerk of the Department Appellate Procedure 9.110 and 9.190 with the
Clerk of the Department in the Office of General
Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by
Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by
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filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the
appropriate district court of appeal. The notice must be filed within 30 days from the date this
action is filed with the Clerk of the Department.
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 27 of 27
CUTION AND CLERKING:
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Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
_________________________________
Gregory W. Garis.
Program Administrator
Beaches, Inlets and Ports Program
Office of Resilience and Coastal Protection
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Attachments:
1.Approved Permit Drawings (21 pagespagespages, October 2018), October 2018), October 2018)
2.Coral/Hardbottom Assessment/Mitigation Plan (March 2020)/Hardbottom Assessment/Mitigation Plan (March 2020)/Hardbottom Assessment/Mitigation Plan (March 2020)F
3.Watson Island Park Mitigation Plan (April 2020)3.Watson Island Park Mitigation Plan (April 2020)3.Watson Island Park Mitigation Plan (April 2020)
4.Submerged Aquatic Vegetation Monitoring Plan (January 2020)4.Submerged Aquatic Vegetation Monitoring Plan (January 2020)4.Submerged Aquatic Vegetation Monitoring Plan (January 2020)
5.Notice for Publication
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CERTIFICATE OF SERVICEIFICATE OF SERVICEIFICATE OF SERVICE
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The undersigned duly designated deputy clerk hereby certifies that this permit and all The undersigned duly designated deputy clerk hereby certifies that this permit and all The undersigned
duly designated deputy clerk hereby certifies that this permit and all
attachments were sent on the filing date below. were sent on the filing date below. were sent on the filing date below.
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FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
___________ ____________
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TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
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TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
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AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
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TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
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EXHIBIT “C”
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF
INSURANCE- PORT MIAMI WATSON ISLAND MITIGATION
PROJECT
I.Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $1,000,000 Personal and Advertising Injury $1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed as an additional insuredCity of Miami listed as an additional insuredCity of Miami listed as an additional insured
Contingent and Contractual Liability Contingent and Contractual Liability
Contingent and Contractual Liability
T
Premises and Operations LiabilityPremises and Operations LiabilityPremises and Operations Liability
Explosion, Collapse and Underground Hazard Explosion, Collapse and Underground Hazard Explosion,
Collapse and Underground Hazard
Primary Insurance Clause Endorsement Primary Insurance Clause Endorsement Primary Insurance Clause Endorsement
F
Waiver of subrogation Waiver
of subrogation Waiver of subrogation
II.Business Automobile LiabilityBusiness Automobile LiabilityBusiness Automobile Liability
A
A. Limits of LiabilityLimits of LiabilityLimits of Liability
Bodily Injury and Property Damage Liability Bodily Injury and Property Damage Liability Bodily
Injury and Property Damage Liability
Combined Single LimitCombined Single LimitCombined Single Limit
R
Any Auto Any Auto Any Auto
Including Hired, Borrowed or Non- Including Hired, Borrowed or Non- Including Hired, Borrowed
or Non-Owned Autos
Any One Accident $ 1,000,000 Any One Accident
$ 1,000,000 Any One Accident $ 1,000,000
D
B. Endorsements Required
City of Miami listed as an additional insured
III. Worker’s Compensation
Limits of Liability
Statutory-State of Florida
Waiver of subrogation
17
Employer’s Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
IV. Umbrella Policy (Excess Follow Form)
A.Limits of Liability
Bodily Injury and Property Damage Liability Bodily Injury and Property Damage Liability Bodily Injury and Property Damage Liability
Each Occurrence $ 1,000,000 rence $ 1,000,000 rence
$ 1,000,000
Aggregate $ 1,000,000 Aggregate $ 1,000,000 Aggregate $ 1,000,000
City of Miami listed as an additional insured. CoveCity of Miami listed as an additional insured. CoveCity of Miami listed as an additional insured. Coverage is excess follow rage is
excess follow
T
form over the general liability and auto policies. form over the general liability and auto policies. form over the general liability and auto policies.
F
The above policies shall provide the City of Miami with written notice of The above policies shall provide the City of Miami with written notice of The above policies shall provide the
City of Miami with written notice of
A
cancellation or material change from the insurer not less than (30) days prior to any cancellation or material change from the insurer not less than (30) days prior to any cancellation
or material change from the insurer not less than (30) days prior to any
such cancellation or material changesuch cancellation or material changesuch cancellation or material change, or in accordance to policy provisions., or in accordance to policy provisions.,
or in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following Companies authorized to do business in the State of Florida, with the following Companies authorized to
do business in the State of Florida, with the following
R
qualifications, shall issue all insurance policies required above: qualifications, shall issue all insurance policies required above: qualifications, shall issue all insurance policies
required above:
The company must be rated no less than “AThe company must be rated no less than “AThe company must be rated no less than “A-” as to management, and no less
than “Class V” as to Financial Strength, by the latest edition of Best’s Insurance than “Class V” as to Financial Strength, by the latest edition of Best’s Insurance than “Class V” as
to Financial Strength, by the latest edition of Best’s Insurance
D
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and /or certificates of insurance are subject to review and
verification by Risk Management prior to insurance approval.
18
MEMORANDUM
da Item No.
TO:Honorable Chairman Jose "Pepe" DiazDATE:
and Members, Board of County Commissioners
FROM: Geri Bonzon-Keenan SUBJECT:Resolution approving and
authorizing theCounty to execute
County Attorney
ano-fee license, Access and
Indemnification Agreement(License
Agreement)betweentheCityf
Miami and Miami-DadeCounty to
constructand monitoramangrove
mitigationproject at theWatson
Island boatramp area;authorizing the
County Mayorto waive the rentdue
underaGround LeaseAgreement
(Lease Agreement)between the
County and KearnsConstruction
Company (Kearns)for the shorter of
(1)theperiod ofKearns’
Construction, through substantial
completion,ofaprojectatBayside
Market Placeand (2) months, all
withanfiscal impact ofupto
$33,712.50 in waivedrental
payments; authorizing theCounty
Mayorto exerciseallrenewal,
termination, and otherrights
conferred in theLicenseAgreement
andLease Agreement;directingthe
County Mayorto provideacopy of
theLease Agreementto theProperty
Appraiser’s Officewithin 30days of
itsexecution and record theLease
Agreementandfurtherdirecting the
ClerkofheBoard to permanently
storeacopy of theLease Agreement;
and directingtheCounty Mayorto
appoint staff tomonitor compliance
and takeallactionsnecessary to
effectuate theagreements
The accompanying resolution was prepared by the Port of MiamiDepartment and placed on the agenda at the
request of Prime Sponsor Commissioner Rebeca Sosa.
_______________________________
Geri Bonzon-Keenan
County Attorney
GBK/jp
1
Date:
To:Honorable Chairman Diaz
and Members,Board of County Commissioners
From:Daniella Levine Cava
Mayor
Subject:
Resolution Approving and Authorizingthe Execution ofaLicense, Access and
Indemnification Agreementbetween theCity of Miami and Miami-Dade County
to Construct and Monitor a Mangrove Mitigation Project at the Watson Island
Boat Ramp Area and
Designee to Waive up to 12under a Ground Lease between Miami-
Dade County and Kearns Construction Company
Recommendation
adopt the
accompanying Resolutionapproving and authorizing (1) the execution of ano-fee License,
Access and Indemnification Agreement between the City of Miami and Miami-Dade
Countyto construct, access,and monitor a mangrove mitigation project on certain
City property located on or adjacent to Watson Islandand (2) the
waiver of rent due under a Port Lease, for a period not to exceed one
year,between Kearns Construction Companyand theCounty for approximately
4,650 square feet oflaydown area needed in connection with a City improvement project at
Bayside Market Place.
Scope
PortMiami is located within District 5, which is represented by Commissioner Eileen Higgins.
The impact of the agenda item is countywide as PortMiami is a regional asset and generates
employment for residents throughout Miami-Dade County.
Background
On September 19, 2019, via Resolution R-992-19, the Board approved a Preferential Berthing
Rights Agreement between the County and Virgin CruisesIntermediate Limited which, among
other things, authorized the development of new Cruise Terminal V. This development
program included a new bulkhead and associated dredging needed for an expanded BerthH
behind new Cruise Terminal V.
OnSeptember 29
(RER) issued a Class 1 construction permit to the Seaport Department authorizing
redevelopment of Berth H and requiring certain mitigation requirementsin connection with
the project. RER issued the subject Class 1 permit following and pursuant to authority granted
by the BoardonJune 2, 2020. Among other mitigation requirements, the Class 1 construction
permit requires offsite mitigation for unavoidable impacts to water quality.In partial
fulfillment of such mitigation requirement,PortMiami is partnering with the City on a
mangrove restoration mitigation project, estimated at a County cost of $250,000,at the Watson
Island Boat Ramp Area.
2
Honorable Chairman
and Members, Board of County Commissioners
Page No. 2
The License Agreement grants access and use rights to the County, its representatives,
employees, consultants, and contractorsto build the mangrove restoration project andto
monitorand maintain the project for 5 years. After the initial 5-yearmonitoring period, the
City will assume maintenance activities for the mangroves. Although the License Agreement
imposes certain maintenance and indemnity requirements on the County, the City is not
charging the County any r
City property.
The City is also constructing bulkhead redevelopment projects of its own. The Cityhas hired
Kearns to redevelop a bulkhead at Bayside. Utilizing the authority granted to the County
Mayor under Resolution No.R-777-03, the County entered into the Lease with Kearnsfor
4,650 square feet of lay down area at the Port, which Lease requires Kearns to pay rent in the
amount of $2,809.38per month.Since the Cityis not charging the County rent or a license fee
in connection with the License Agreement, the Cityhas requested that the Port waive rent
under the Lease (which would otherwise be passed onto the City by Kearns as a project cost
for the Bayside project)for theapproximate 8-monthdurationof the project.In satisfaction of
one of the requirements of the proposed License Agreement with the City, it is recommended
that the Board authorize the waiver of Kearnsrent for the earlier of (1) 12 months from
November 1,2020 and (2) the duration of the construction on the City-project at Bayside
through substantial completion, which is anticipated to last 8 monthsfrom November 1, 2020.
In accordance with Resolution No. 333-15, the Seaport Department has conducted amarket
study of rents at PortMiami was conductedby Waronker & Rosen, Inc.in Fiscal Year 2017to
determine the market rental value of land at PortMiami.This study included the land lease
rates for open cargo container storageareas. Tariff square footage rates are then established
based on this market analysis, subject to annual approval by this Board. For the fiscal year
beginning October 1, 2020, the applicable Port Tariff open ground (water side)is $7.25 per
square foot.
Fiscal Impact/Funding Source
The requested no-feeLicense Agreement between City and Miami-Dade Countyhas no direct
fiscal impact costs beyond the funded mitigation project included as part of the Cruise
Terminal Vprogramin the FY 2020-21 Adopted Budged and Multi-Year Capital Plan
approved bythe Boardon September 17, 2020.Under the authority delegated for the waiver
of rent due under the Lease, the County is waiving up to $33,712.50in rental payments.
Track Record/Monitor
The Seaport Department staff members responsible for monitoring this Agreement are Hydi
Webb, Deputy Director and Becky Hope,Chief, Planning and Property Development.
Delegated Authority
In accordance with Section 2-8.3 of the Miami-Dade County Code relating to delegation of
Board authority, there are no authorities beyond those specified in the resolution, which
includes the authority for the County Mayor or designee to execute the
aforementioned License Agreement and waive rent due under the Lease for a period not to
3
Honorable Chairman
and Members, Board of County Commissioners
Page No. 3
exceed the sooner of (1) 12 months from November1,2020and (2) the duration of the
and to exercise
all renewal, extension, termination, and other rights contained in either agreement.
__________________________
Jimmy Morales
Chief Operations Officer
4
5
ApprovedMayorAgenda Item No.
Veto__________
Override__________
RESOLUTION NO.________________________
RESOLUTION APPROVING AND AUTHORIZING THE
EXECUTE A NO-FEE LICENSE, ACCESS AND
INDEMNIFICATION AGREEMENT (LICENSE AGREEMENT)
BETWEEN THE CITY OF MIAMI AND MIAMI-DADE
COUNTY TO CONSTRUCT AND MONITOR A MANGROVE
MITIGATION PROJECT AT THE WATSON ISLAND BOAT
RAMP AREA; AUTHORIZING THE COUNTY MAYOR OR
UNDER A GROUND LEASE AGREEMENT (LEASE
AGREEMENT) BETWEEN THE COUNTY AND KEARNS
CONSTRUCTION COMPANY (KEARNS) FOR THE SHORTER
THROUGH SUBSTANTIAL COMPLETION, OF A PROJECT
AT BAYSIDE MARKET PLACE AND (2) MONTHS, ALL
WITH AN FISCAL IMPACT OF UP TO $33,712.50 IN WAIVED
RENTAL PAYMENTS; AUTHORIZING THE
TO EXERCISE
ALL RENEWAL, TERMINATION, AND OTHER RIGHTS
CONFERRED IN THE LICENSE AGREEMENT AND LEASE
AGREEMENT; DIRECTING THE COUNTY MAYOR
DE A COPY OF
THE LEASE AGREEMENT TO THE PROPERTY
AND RECORD THE LEASE AGREEMENT AND FURTHER
DIRECTING THE CLERK OF THE BOARD TO
PERMANENTLY STORE A COPY OF THE LEASE
AGREEMENT; AND DIRECTING THE COUNTY MAYOR OR
MONITOR COMPLIANCE AND TAKE ALL ACTIONS
NECESSARY TO EFFECTUATE THE AGREEMENTS
WHEREAS,this Board desires to accomplish the purposes outlined in the accompanying
memorandum, a copy of which is incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
6
Agenda Item No.
Page No. 2
Section 1.Adopts the foregoing recital as true and correct and incorporates said recital
as set forth herein.
Section 2.
execute a no-
Miami-m attached
hereto as Exhibit A, allowing the County to construct, access, and monitor a mangrove mitigation
project on City-owned property located at and adjacent to the Watson Island boat ramp area for
the duration of the mitigation construction project plus the 5-year monitoring and maintenance
post-construction period.
Section 3.
Resolution No. R-777-
through substantial completion, at Bayside Market Place and (2) 12 months from November 1,
2020, all with an anticipated fiscal impact of up to $33,712.50 in waived rental payments.
Section 4.
rights contained in both the License Agreement and Lease Agreement, inclusive of rights of
renewal and termination.
Section 5.
Resolution No. R-791-14, to provide a copy of the Lease Agreement and all exhibits and riders
thereto to the County Appraiser within 30 days of the execution or approval thereof. The Board
-974-
09, to record the Lease Agreement in the public records and to provide a copy of such recorded
7
Agenda Item No.
Page No. 3
instrument to the Clerk of the Board within 30 days of execution and final acceptance. This Board
directs the Clerk of the Board, pursuant to Resolution No. R-974-09, to attach and permanently
store a recorded copy of such instrument in accordance herewith together with this resolution.
Section 6.
monitor compliance with the agreements approved and authorized herein and to take all actions
necessary to effectuate those agreements.
Sally A. Heyman
The foregoing resolution was offered by Commissioner ,
who moved its adoption. The motion was seconded by Commissioner
Rebeca Sosa
and upon being put to a vote, the vote was as follows:
aye
aye
Oliver G. Gilbert, III, Vice-Chairman
aye absent
Sen. René GarcíaKeon Hardemon
Sally A. Heyman aye Danielle Cohen Higgins aye
Eileen HigginsJoe A. Martinez
aye aye
Kionne L. McGheeJean Monestime
aye aye
Raquel A. RegaladoRebecaSosa
aye aye
Sen. Javier D. Souto
aye
8
Agenda Item No.
Page No. 4
th
The Chairperson thereupon declared this resolution duly passed and adopted this 4day of
May, 2021. This resolution shall become effective upon the earlier of (1) 10 days after the date of
its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon
an override by this Board, or (2)approval by the County Mayor of this resolution and the filing of
this approval with the Clerk of the Board.
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
Melissa Adames
By:________________________
Deputy Clerk
Approved by County Attorney as
to form and legal sufficiency._______
Miguel A. Gonzalez
9
LICENSE, ACCESS AND INDEMNIFICATION AGREEMENT
This License, Access and Indemnification Agreement (the “Agreement”), made
and entered into this _______ day of ___________, 2021 (the “Effective Date”), by and
between the City of Miami, a municipal corporation of the State of Florida whose principal
address is 3500 Pan American Drive, Miami, Florida 33133 (“City” or “Licensor”), and
__________________________, organized under the laws of the State of _________ and
qualified to transact business in Florida, whose principal address is
_____________________________________ (“Licensee”), is entered into as follows:
WITNESSETH:
WHEREAS, the City is the fee simple owner of certain real property located at
1099 MacArthur Causeway, Folio No. 0132310000021, Miami, Florida, known as the
Watson Island Boat Ramp Mitigation Area and certain appurtenant uplands and submerged
lands, as depicted in Exhibit “A,”attached hereto and made a part hereof (the “Property”);
and
WHEREAS, the City has agreed to permit the Licensee to, without limitation,
plant, place,install, inspect, and/or monitor mangroves, rip rap, and associated other
materials at the Property, and to remove certain exotic vegetation from the Property, as
required as part of an overall mitigation project (the “Activity”), as described and depicted
in DEP Permit No. 0181285-014-BI (including associated concept permit drawings but
without other permit attachments) attached as Exhibit “B” hereto and made a part hereof;
and
WHEREAS, the Licensee desires to obtain from the City and the City desires to
grant to the Licensee, its agents, representatives, employees, consultants, and contractors
an exclusive license to use, access, and occupy the Property, including, without limitation,
access rights to enter upon the Property, all for the purpose of conducting, maintaining,
inspecting, and monitoring the Activity subject to the conditions and limitations hereinafter
contained; and
EREAS, the City grants the Licensee, its agents, representatives, employees,
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consultants, and contractors (of all tiers) the continuous right to perform the Activity and
any work associated therewith or a part thereof, including, without limitation, the removal
of exotic vegetation from the Property, grading and other preparation of the Property for
planting, planting of mangroves, construction of necessary improvements and installation
of necessary equipment related to or used in connection with the Activity compliant with
all required licenses and permits, and associated access, monitoring, and inspection rights.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and covenants herein set forth, the parties hereto agree as follows:
I.PURPOSE AND RIGHT OF ACCESS AND ADVANCE NOTICE(S).
1.1 Purpose and Right to Use and Access Property.
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The City grants to Licensee, its agents, representatives, employees, contractors,
sub-contractors(of all tiers), invitees, customers and consultants (hereinafter collectively
referred to as “Licensee”), rights to access, enter upon, and use the Property for the purpose
of performing the work necessary as determined by the Licensee in connection with the
Activity, subject to Licensee providing the City’s Department of Real Estate and Asset
ndrd
Management Director (the “DREAM Director”), at 444 SW 2
Avenue, 3 Floor, Miami,
Florida 33130, or his designee twenty-four (24) hours advance written notice of date and
timeaccess and use is required by the Licensee to commence work. This notice requirement
shall not be construed to require daily notice, but it shall be sufficient that Licensee provide
the reasonably anticipated timeframe (expected commencement and duration)for
conducting the below described scope of work.
During the term of this Agreement, City hereby grants, declares and conveys to
Licensee, a non-exclusive license to access and use the Property, including for the benefit
of Licensee’s and Licensee’s agents’, employees’ and contractors’ (of all tiers) ingress to
and egress from the Property to and from adjacent public roads and other City facilities in,
over, and upon any areas in City's other property that serves the Property, including,
without limitation, for the purpose of pedestrian and/or vehicular ingress, egress, passage
and/or delivery to the Property and for the purpose of the installation, construction,
operation, maintenance, repair, relocation and/or removal of exotic vegetation, mangroves,
rip rap, and/or other elements of the Activity or work necessary therefore.
Except as may be required for necessary maintenance, repair or replacements or as
may otherwise be required by law, and provided City uses commercially reasonable efforts
to minimize any impact to Licensee, City shall not close, materially alter, obstruct or
utilize, or permit to be closed, materially altered, obstructed or utilizedthe driveways,
utility lines or stormwater systems serving the Property in any manner which will
materially interrupt, limit, restrict or impede Licensee's use and access to the Property.
Except as may be required for necessary maintenance, repair or replacements or as may
otherwise be required by law, and provided City uses commercially reasonable efforts to
minimize any impact to Licensee, City shall cause the driveways, utility lines, and
stormwater systems serving the Property to be, at all times, open, functioning and available
for Licensee's use in connection with its use and operation of the Property and the City
shall be responsible for maintaining the driveway, utility lines and stormwater systems
serving the Property in good working order, with all necessary permits and approvals valid
and in place at all times in a manner reasonably deemed sufficient for Licensee's use and
operation on the Property.
The Licensee shall have access to and use of the Property described herein to
perform the Licensee Improvements described in Section 1.2 herein, including the Activity
and all required components thereof and all actions to perform same.
1.2 Licensee Improvements.
Licensee may construct, alter, remove, repair or relocate upon the Property any
improvements, trees and landscaping, structures, machinery, or underground equipment or
other equipment now or hereafter placed upon the Property in connection with the Activity
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either (1) upon receiving written approval from the CityManager or the DREAM Director
and acquiring all necessary permitsor (2) as already authorized within the scope of the
plans attached as Exhibit “B” hereto. Licensee agrees to maintain the Property and any
such Licensee placed or erected improvements in good condition and repair, in compliance
with all applicable laws at its sole cost and expense, reasonable wear and tear excepted
during the duration of the construction period portion of the Term, and in addition, during
the Post-construction Monitoring Period, shall monitor the mangrove plantings portion of
the improvements in accordance with the terms of the permit set forth in Exhibit “B” hereto.
Immediately upon completion of the Licensee Improvements, the City shall assume all
maintenance obligations over same at the City’s sole cost and expense, to the extent
financially feasible for the City to do so, which shall be determined by the City in it’s sole
discretion, except with respect to the monitoring and maintenance of the Licensee-planted
mangroves within the Property, which Licensee shall monitor and maintain at Licensee’s
cost and expense in accordance with the requirements of the DEP Permit attached at
Exhibit “B” hereto until the expiration of the Post-Construction Monitoring Period.
II.DURATION AND FEE.
2.1 Duration.
The term of this Agreement shall be from the period commencing upon the
Effective Date and shall remain in effect until such time that Licensee completes
construction of the Activity (the “Construction Period”) plus an additional five (5) years
from completion of construction to conduct post-construction monitoring in accordance
with the terms of the permit set forth in Exhibit “B” (the “Post-construction Monitoring
Period”). The sum of the Construction Period plus the immediately-following five-year
Post-Construction Monitoring Period shall constitute the “Term” hereof. Upon expiration
or earlier termination (if authorized) of the Term, all rights and privileges derived from,
and all duties and obligations created and imposed by the provisions of this Agreement,
shall terminate and have no further force or effect; provided however that the expiration
(or earlier termination, if authorized) of this Agreement shall not limit or affect any remedy
at law or in equity that either party may have against any other party with respect to any
liability or obligation arising or to be performed under this Agreement prior to the date of
such expiration (or earlier termination, if authorized), and such obligations intended to
survive the expiration (or earlier termination, if authorized) as described herein shall
remain in effect.
2.2 Fee.
This section is intentionally omitted.
2.3 Late Fee.
This section is intentionally omitted.
2.4 Manner of Payment.
This section is intentionally omitted.
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III.RESTORATION OF PROPERTY.
Upon expiration of the term of this Agreement, Licenseeagrees, at no cost to the
City, toensure that the Property is restored to a similar or better condition as the Property
existed at the effective date of this Agreement and to repair and restore any damage to the
Property caused as a result of or by the conduct of the Licensee’s Activity on the Property,
but excluding any damage caused or contributed to by the City or any of its employees,
agents, contractors (of any tier), invitees, or guests. For avoidance of doubt, and
notwithstanding the foregoing, Licensee shall have no obligation to replace or restore any
exotic vegetation previously removed from the Property, nor shall Licensee have any
obligation to replace any Licensee-planted mangroves that may have died or have been
adversely impacted by natural or unnatural causes.
IV. MAINTENANCE OF THE PROPERTY.
For the duration of the Construction Period, Licensee, at its sole cost and expense,
shall maintain and keep in good repair the area of the Property where the Activity shall
commence, as depicted in Exhibit “B.” Licensee’s maintenance thereto (during the
Construction Period) shall include but not be limited to maintaining the newly planted
mangroves and disposing of marine debris within the mangrove-planted area, making such
repairs of the Activity improvements, as may be required by conditions of the DEP Permit
excluding repairs of damage to improvements caused by the acts, omissions, or misconduct
of City employees, agents, contractors (of any tier), invitees, or guest. The City shall not
be required to furnish any services or facilities or to make any repairs or alterations in or
to any improvement associated with the Activity during the Construction Period. Licensee
hereby assumes the full and sole responsibility for the condition, operation, repair,
maintenance, and management of the Activity during the Construction Period. Upon
expiration of this Agreement, Licensee shall surrender the Property, all attached
improvements associated thereto and all items of equipment affixed thereto to the City in
as good a condition as existing at the time of its initial occupancy, ordinary wear and tear
excepted. Notwithstanding the foregoing, the parties acknowledge and agree that (i)
Licensee has no duty to replace or restore any exotic vegetation previously removed from
the Property, and (ii) Licensee shall have no obligation to replace or restore any previously
planted mangroves not required to be replaced by DEP under the terms of the DEP permit,
or which were harmed by the conduct of City employees, agents, contractors (of any tier),
invitees, or guests, by the misconduct of third parties, or by severe weather or events of
force majeure. Upon the expiration of the Construction Period and continuing thereafter,
the City assumes responsibility for all maintenance of the Licensee Improvements and all
completed elements of the Activity at City’s sole cost and expense, including management
of invasive/exotic vegetation, debris removal, and maintenance of signage (as referenced
in Specific Condition 4.f of DEP Permit: 0181285-014-BI (issued to Port of Miami)), to
the extent said maintenance is financially feasible for the City, which shall be determined
by the City in sits sole discretion, other than the duty to monitor the mangrove plantings
and remove exotics during the Post-construction Monitoring Period, which duty shall be
retained by Licensee until the expiration of said monitoring period, and this post-
construction City maintenance obligation shall survive the expiration of the Term.
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V. INSURANCE REQUIREMENTS.
Prior to Licensee, its agents, employees, representatives, contractors, sub-
contractors, consultants or anyone else directly or indirectly employed by any of them
entering upon the Property for the purpose of performing Licensee improvements or the
Activity as defined herein, the Licensee or its authorized contractor shall obtain and
maintain or cause to be obtained and maintained throughout the Term of this Agreement,
the types and amounts of insurance coverages set forth in Exhibit “C,” attached hereto and
incorporated therein by this reference, in such reasonable amounts as approved by the City
of Miami’s Risk Management Administrator protecting the City, against all claims for
personal injury, bodily injury, property damage, and regulatory actions by governmental
agencies arising out of or related to the activities undertaken by the Licensee upon the
Property and naming the City as an additional insured. The insurance required hereunder
shall be effective for the Term and any other extensions or renewals thereof.
The City’s Risk Management Administrator shall review the insurance
requirements upon any Licensee-requested extension or renewal of the Term and reserves
the right to make reasonable changes in the types and amounts of insurance coverages at
any time, as necessary and shall revise Exhibit “C,” accordingly as necessary. The
Licensee shall be responsible for assuring that the insurance certificates required under this
Agreement remain in full force and effect for the duration of this Agreement, including any
extensions hereof. If insurance certificates are scheduled to expire during the term of this
Agreement and any extension hereof, Licensee shall be responsible for submitting new or
renewed insurance certificates to the City’s Risk Management Administrator at a minimum
of ten (10) calendar days in advance of such expiration(s). In the event that expired
certificates are not replaced, with new or renewed certificates which cover the Term of this
Agreement and any other extension or renewal thereof:
(i) the City may suspend this Agreement until such time as the new or renewed
certificate(s) are received in acceptable form by the City’s Risk
Management Administrator.
Compliance with the foregoing insurance requirements shall not relieve Licensee
of its liabilities and obligations under this Agreement.
VI. INDEMNIFICATION.
Licensee shall indemnify, defend and hold harmless the City and its officials,
employees, for claims (collectively referred to as “Indemnitees”) and each of them from
and against all loss, costs, penalties, fines, damages, claims, expenses (including attorneys’
fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury to or
death of any person or damage to or destruction or loss of any property arising out of,
resulting from, or in connection with (i) the negligent performance or non-performance of
the services contemplated by this Agreement (whether active or passive) of Licensee or its
employees or subcontractors (collectively referred to as “Licensee”) which is directly
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caused, in whole or in part, by any act, omission, default or negligence (whether active or
passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the
Licensee to comply materially with any of the requirements herein, or the failure of the
Licensee to conform to statutes, ordinances, or other regulations or requirements of any
governmental authority, local, federal or state, in connection with the performance of this
Agreement, but in all cases excluding claims, actions, suits, demands, losses, penalties,
fines, damages, and liabilities to the extent caused, arising from, or contributed to by the
acts, omissions, or misconduct of the City, its employees, agents, contractors (of all tiers),
invitees or guests (the “Excluded Liabilities”). Licensee expressly agrees to indemnify,
defend and hold harmless the Indemnitees, or any of them, from and against all liabilities,
other than the Excluded Liabilities, which may be asserted by an employee or former
employee of Licensee, or any of its subcontractors, as provided above, for which the
Licensee’s liability to such employee or former employee would otherwise be limited to
payments under state Workers’ Compensation or similar laws. Other than the Excluded
Liabilities, Licensee further agrees to indemnify, defend and hold harmless the Indemnitees
from and against (i) any and all Liabilities imposed on account of the violation of any law,
ordinance, order, rule, regulation, condition, or requirement, related directly to Licensee’s
negligent performance under this Agreement, compliance with which is left by this
Agreement to Licensee, and (ii) any and all claims, and/or suits for labor and materials
furnished by Licensee or utilized in the performance of this Agreement or otherwise.
In the event that any third party asserts claims against the Licensee and/or the
Indemnitees for which Licensee is defending the Indemnitees relating to the services
provided, Licensee shall have the right to select its legal counsel for such defense. It is
understood and agreed that in the event that counsel selected by Licensee charges rates
greater than those customarily paid by the City at the time that such claim is asserted, the
parties shall, in good faith, attempt to agree upon such rates or upon an allocation of
payment of such rates.
Licensorshall indemnify, defend and hold harmless Licenseeand its officials, employees,
and contractors (of all tiers) (collectively referred to as “County Indemnitees”) and each of
them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorneys’ fees) or liabilities (collectively referred to as “County Liabilities”) by reason of
any injury to or death of any person or damage to or destruction or loss ofor damage to
any property arising out of, resulting from, or in connection with (i) the negligent
performance or non-performance of the services contemplated by this Agreement (whether
active or passive) of Licensor or its employees, contractors, or subcontractors (collectively
and individually referred to as “Licensor”), which is directly caused, in whole or in part,
by any act, omission, default or negligence (whether active or passive or in strict liability)
of the Licensor, or any of them, or (ii) the failure of the Licensor to comply materially
with any of the requirements herein, or the failure of the Licensor to conform to statutes,
ordinances, or other regulations or requirements of any governmental authority, local,
federal or state, in connection with the performance of this Agreement, but in all cases
excluding claims, actions, suits, demands, losses, penalties, fines, damages, and liabilities
to the extent caused, arising from, or contributed to by the acts, omissions, or misconduct
of the Licensee, its employees, agents, contractors (of all tiers) (the “Excluded County
Liabilities”). Licensor expressly agrees to indemnify, defend and hold harmless the County
Indemnitees, or any of them, from and against all liabilities, other than the Excluded
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County Liabilities, which may be asserted by an employee or former employee of Licensor,
or any of its subcontractors, as provided above, for which the Licensor’s liability to such
employee or former employee would otherwise be limited to payments under state
Workers’ Compensation or similar laws. Other than the Excluded County Liabilities,
Licensor further agrees to indemnify, defend and hold harmless the County Indemnitees
from and against any and all County Liabilities imposed on or arising on account of the
negligence and/or violation of any law, ordinance, order, rule, regulation, condition, or
requirement hereof by Licensor or any of Licensor’s employees, agents, contractors (of any
tier), invitees, or guests.
In the event that any third party asserts claims against the Licensee and/or the
County Indemnitees for which Licensor is defending the County Indemnitees hereunder,
Licensee shall have the right to select its legal counsel for such defense. It is understood
and agreed that in the event that counsel selected by Licensee charges rates greater than
those customarily paid by the City at the time that such claim is asserted, the parties shall,
in good faith, attempt to agree upon such rates or upon an allocation of payment of such
rates.
This section shall be interpreted to comply with Sections 725.06 and/or 725.08,
Florida Statutes. Licensee’s obligations to indemnify, defend and hold harmless the
Indemnitees shall survive the expiration and earlier termination (if authorized hereunder)
of this Agreement.
Licensee understands and agrees that any and all liabilities regarding the use of any
Licensee subcontractor for purposes of constructing the Activity related to this Agreement
shall be borne solely by Licensee throughout the duration of this Agreement and that this
provision shall survive the expiration of this Agreement.
VII. ACKNOWLEDGMENTS; NO COST TO CITY.
The undersigned hereby acknowledges that Licenseehas voluntarily requested
permission from the City for the purpose of utilizing the City-owned property located at
the Property. Licensee hereby further acknowledges and agrees that none of the costs,
expenses, fees, or any other amounts to be paid for the Licensee improvements (including,
but not limited to, any of the costs, expenses, fees, or any other amounts to be paid to
Licensee, its agents, employees, representatives, contractors, sub-contractors, consultants
or anyone else directly or indirectly employed by any of them) are to be paid by the City.
Licensee further acknowledges and agrees that the Licensee improvements are being
undertaken by Licensee (including, but not limited to, any and all of the work to be
performed by Licensee, its agents, employees, representatives, contractors, sub-
contractors, consultants or anyone else directly or indirectly employed by any of them) at
no cost to the City and that Licensee shall be responsible for all costs, expenses, fees, and
all other amounts to be paid in connection with the Licensee improvements.
VIII. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION.
A. Licensee agrees to provide access to the City or to any of its duly authorized
representatives, to any books, documents, papers, and records of Licensee which are
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directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and
transcripts. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the Licensee to the City under this Agreement, audit
and inspect, or cause to be audited and inspected, those books, documents, papers, and
records of Licensee which are related to Licensee’s performance under this Agreement.
Licensee agrees to maintain any and all such books, documents, papers, and records at its
principal place of business (other than the books and records of Licensee’s contractors and
subcontractors) for a period of three (3) years after final payment is made under this
Agreement and all other pending matters are closed.
B.The City may, at reasonable times during the term hereof, inspect the Licensee’s
facilities and perform such tests, as the City deems reasonably necessary, to determine
whether the goods or services required to be provided by Licensee under this Agreement
conform to the terms hereof. Licensee shall make available to the City all reasonable
facilities and assistance to facilitate the performance of tests or inspections by City
representatives. All tests and inspections shall be subject to, and made in accordance with,
the provisions of Section 18-100 through 18-102 of the Code of the City of Miami, Florida
as same may be amended or supplemented, from time to time, provided under no
circumstances may any such tests be conducted if same would violate any condition or
term of the DERM or DEP permit referenced in Exhibit “B” hereto or if such tests would
harm any plantings undertaken by Licensee or its contractors in furtherance of same.
IX.PUBLIC RECORDS.
A.Licensee understands that the public shall have access, at all reasonable times, to all
documents and information pertaining to City Agreements, subject to the provisions of
Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable laws. Licensee’s failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
B.Contractor/Consultant/ Licenseeshall additionally comply with Section 119.0701,
Florida Statutes, including without limitation: (1) keeping and maintaining public records
that ordinarily and necessarily would be required by the City to perform the service herein;
(2)provide the public with access to public records on the same terms and conditions as
the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise
provided by law; (3) ensure that public records that are exempt or confidential and exempt
from disclosure are not disclosed except as authorized by law; (4) meet all requirements
for retaining public records and transfer, at no cost, to the City all public records in its
possession upon expiration and earlier termination (if authorized hereunder) of this
Agreement and destroy any duplicate public records that are exempt or confidential and
exempt from disclosure requirements; and, (5) provide all electronically stored public
records to the City in a format compatible with the City’s information technology systems.
C.Should Licensee determine to dispute any public access provision required by Florida
Statutes, then Licensee shall do so at its own expense and at no cost to the City.
X.MISCELLANEOUS PROVISIONS.
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A.City Approval.
Whenever an item herein is subject to approval by the City, the City Manager shall
be the sole judge of the worthiness and benefit of the item for which approval is sought and
shall approve or disapprove such item at his/her sole discretion, provided such discretion
may not be exercised in any manner that would cause the Licensee or its mitigation
contractor to violate any term or condition of the DEP or DERM permit referenced in
Exhibit “B” hereto or that would unreasonably hinder performance of any work or activity
required by either or both permits.
B.Modifications, Amendments, Waivers.
Any alterations, variations, modifications, or waivers of provisions of this
Agreement, including, but not limited to, access to and any other uses of the Property shall
only be valid when they have been reduced to writing, duly authorized by the City
Manager, duly authorized by Licensee’sBoard of Directors, executed by the City Manager,
the Department Director, approved by the City Risk Management Director and the City
Attorney, and attested by the City Clerk on behalf of the City, and by the authorized
signatory of the Port Director or designee on behalf of Licensee, and attached to the
originals of this Agreement.
C.Assignability.
This Agreement is unique in nature and may not be assigned, transferred or sold in
whole or in part by any party.
D.Notices.
All notices pursuant to this Agreement shall be in writing and sent by certified mail
or delivered by personal service to the addresses for each Party appearing on page one of
this Agreement and as indicated below, or as the same may be changed in writing from
time to time, or via electronic mail (with a requested read receipt) to the email addresses
provided below.
With copies to:
M
iami-Dade Seaport Department
1015 North America Way
Suite 200
Miami, FL. 33132
Attention: Becky Hope, Planning & Property Development
Email: Becky.Hope@miamidade.gov
With copies to;
Office of the County Attorney
111 NW First Street, Suite 2810
Miami, FL 33128
Attention: Steven B. Bass, Assistant County Attorney
Email: sbb2@miamidade.gov
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And with copies to:
City Manager,
City of Miami, Miami Riverside Center
ndth
444 S.W. 2 Avenue, 10 Floor
Miami, Florida 33130
D
irector, Department of Real Estate and Asset Management
City of Miami, Miami Riverside Center
nd
444 S.W. 2 Avenue, 3rd Floor
Miami, Florida 33130
City Attorney
City of Miami, Miami Riverside Center
nd
444 S.W. 2 Avenue, 9th Floor
Miami, Florida 33130
It is Licensee’s responsibility to advise the City in writing of any changes in
Licensee’s contact names, addresses and/or telephone numbers. Such notice shall be
deemed given on the day on which personally served, or if by certified mail, on the fifth
day after being posted or the date of actual receipt, whichever is earlier.
E.Autonomy.
Both Parties agree that this Agreement recognizes the autonomy of, and stipulates
or implies no affiliation between, the contracting parties. It is expressly understood and
intended that Licensee is only receiving access to the Property for the purposes of
implementing the Licensee improvements and conducting the Activity and that Licensee
is not an agent or instrumentality of the City, and that Licensee's agents, representatives,
contractors, sub-contractors, consultants, and employees are not agents, representatives,
contractors, sub-contractors, consultants, or employees of the City.
F.Headings, Use of Singular and Gender.
Paragraph headings are for convenience only and are not intended to expand or
restrict the scope or substance of the provisions of this Agreement. Wherever used herein,
the singular shall include the plural and plural shall includethe singular, and pronouns shall
be read as masculine, feminine or neuter as the context requires.
G.G
overning Law & Venue.
This Agreement shall be interpreted and construed in accordance with and governed
by the laws of the State of Florida without regard to its conflicts of laws provisions. Any
controversies or legal problems arising out of the terms of this Agreement and any action
involving the enforcement or interpretation of any rights hereunder shall be submitted to
the jurisdiction of the State courts of the Eleventh Judicial Circuit, in and for, Miami-Dade
County, Florida.
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H. Court Costs and Attorneys’ Fees.
Licenseeacknowledges that Florida law provides for mutuality of attorneys’ fees
as a remedy in contract cases and Licenseespecifically, knowingly, voluntarily,
intentionally, and both parties hereto irrevocably waive their respective rights to collect
attorneys’ fees from each other under applicable laws, including but not limited to Section
57.105, Florida Statutes, as amended from time to time and any other State of Florida
statutory provisions, as amended from time to time, as matters or claims arising from this
License agreement. It is the express intent of the parties hereto that in no event will either
party hereto be liable to pay the legal fees of the other party hereto under any provision
hereof concerning any claims or actions arising from the terms of this License Agreement.
In the event that Licensee’s waiver under this section is found to be invalid, then Licensee
agrees that the City’s liability for Licensee’s attorneys’ fees and court costs shall be limited
to and shall not exceed the total sum of One Hundred Dollars ($100.00). In the event that
the foregoing waiver and limitations contained herein are found to be invalid, or are
otherwise not upheld, then the provisions of this Section shall become null and void and
each Party shall be responsible for its own attorneys’ fees and court costs.
I. Waiver of Jury Trial.
The parties hereby knowingly, irrevocably, voluntarily, and intentionally waive any
right either may have to a trial by jury in respect to any action, proceeding, claim, or
counterclaim based on this Agreement, or arising out of, under, or in connection with this
Agreement, any renewal(s) hereof, any amendment, extension, or modification of this
Agreement, or any other agreement executed between the parties in connection with this
Agreement, or any other course of conduct, course of dealing, statements (whether verbal
or written), or any other actions of any party hereto. This waiver is a material inducement
for the City and the Licensee to enter into this Agreement.
J. Force Majeure.
A “Force Majeure Event” shall mean an act of God, act of governmental body or
military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other
natural disasters, killer bee infestation, epidemic/pandemic, riot or civil disturbance, war or
terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is
delayed in the performance of any act or obligation pursuant to or required by the
Agreement by reason of a Force Majeure Event, the time for required completion of such
act or obligation shall be extended by the number of days equal to the total number of days,
if any, that such party is actually delayed by such Force Majeure Event. The party seeking
delay in performance shall give notice to the other party specifying the anticipated duration
of the delay, and if such delay shall extend beyond the duration specified in such notice,
additional notice shall be repeated no less than monthly so long as such delay due to a
Force Majeure Event continues. Any party seeking delay in performance due to a Force
Majeure Event shall use its best efforts to rectify any condition causing such delay and
shall cooperate with the other party to overcome any delay that has resulted.
K. City not Liable for Delays.
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Licenseehereby understands and agrees that in no event shall the City be liable for,
or responsible to Licenseeor any of Licensee’s employees, representatives, contractors,
sub-contractors, consultants, or agents, or to any other person, firm, or entity for or on
account of, any stoppages or delay(s) in work herein provided for, or any damages
whatsoever related thereto, because of any injunction or other legal or equitable
proceedings or on account of any delay(s) for any cause over which the City has no control.
Notwithstanding the foregoing, the City shall take no action herein or otherwise to hinder
the ability of the County or its contractors from properly and timely complying with the
terms, conditions, and requirements of the DERM or DEP permits referenced herein or in
Exhibit “B” hereto.
L.Survival.
All obligations (including but not limited to indemnity and obligations to defend
and hold harmless) and rights of any party arising during or attributable to the period prior
to expiration or earlier termination(if authorized hereunder)of this Agreement shall
survive such expiration or earlier termination, as shall the obligation of the City to maintain
the Property upon and following the expiration of the Construction Period.
M.Entire Agreement.
This Agreement embodies and constitutes the entire understanding between the
City and the Licensee concerning the Property, and all prior or contemporaneous
agreements, understandings, representations, and statements, oral or written with respect
thereto are merged therein. Nothing in this Agreement shall be construed to make the
parties hereto partners or joint venturers or render either of said parties liable for the debts
or obligations of the other. The parties agree that there are no commitments, agreements,
or understandings concerning the subject matter of this Agreement that are not contained
in this Agreement, and that this Agreement contains the entire Agreement between the
parties as to all matters contained herein. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements, whether
oral or written. It is further agreed that any oral representations or modifications
concerning this Agreement shall be of no force or effect. This Agreement may be modified,
altered or amended only by a written amendment duly executed by all parties hereto or
their authorized representatives. The City Manager is authorized to amend or modify this
Agreement as needed.
N.Totality of Agreement/Severability of Provisions.
This Agreement with its attachments as referenced below contains all the terms and
conditions agreed upon by the parties:
Exhibit “A” The Property
Exhibit “B” DEP Permit No. 0181285-014-BI (including
associated concept permit drawings but without
other permit attachments)
12
21
Exhibit “C” Insurance Requirements
This constitutes the full and final agreement between the parties as to the subject
matter of the agreement. This Agreement supersedes and replaces all prior or
contemporaneous communications and agreements between the parties, whether oral or
otherwise, as to its subject matter. No other contract, oral or otherwise, regarding the
subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto.
If any provision of this Agreement is held invalid or void, the remainder of this Agreement
shall not be affected thereby if such remainder would then continue to conform to the terms
and requirements of applicable law.
\[Signatures on following page\]
13
22
IN WITNESS WHEREOF, the City and Licenseehave caused this Agreement to
be executed as of the date Effective Date set forth above.
WITNESSES: LICENSEE:
By: By:
Print Name:Its:
By:
Print Name:
CITY OF MIAMI,
A FLORIDA MUNICIPAL CORPORATION
ATTEST: __________________________ BY: _________________________________
TODD B. HANNON ARTHUR NORIEGA V
CITY CLERK CITY MANAGER
APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE
AND CORRECTNESS: REQUIREMENTS:
BY: ____________________________ BY: _____________________________
VICTORIA MÉNDEZ ANN-MARIE SHARPE, DIRECTOR
CITY ATTORNEY RISK MANAGEMENT
14
23
EXHIBIT “A”
THE PROPERTY
15
24
25
EXHIBIT “B”
DEP Permit No. 0181285-014-BI (including associated concept permit
drawings but without other permit attachments)
16
26
Ron DeSantis
FLORIDA DEPARTMENT OF
Governor
Jeanette Nuñez
Environmental Protection
Lt. Governor
Bob Martinez Center
Noah Valenstein
2600 Blair Stone Road
Secretary
Tallahassee, FL 32399-2400
ENVIRONMENTAL RESOURCE PERMIT
Issued Date: June 25, 2020
Expiration Date: June 25, 2030
Project: PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No: 0181285-014-BI
PROJECT LOCATION:
The project site is located in Miami-Dade County, along the northwestern edge of
PortMiami, adjacent to the City of Miami, on Dodge/Lummus Island, Section 37, Township 54
South, Range 42 East, within Biscayne Bay Aquatic Preserve, Class III Waters, Outstanding
Florida Waters (OFW). The mitigation site for offsetting unavoidable impacts to submerged
aquatic vegetation is in Watson Island Park on Watson Island, just north of the PortMiami
facility.
PROJECT DESCRIPTION:
The project is to redevelop Cruise Berth H, which includes the construction of
approximately 740 feet of interlocking steel sheet pile (SSP) bulkhead (waterward of the existing
north bulkhead) with a 200-foot mooring extension and a 64-foot return wall to the existing north
bulkhead. The project also includes the filling of approximately 0.49 acres between the new
bulkhead and the old bulkhead, and the dredging of approximately 6.49 acres of the basin west of
the new bulkhead to -34.5 feet NAVD plus 2 feet overdredge.
The project will result in adverse impacts to 0.45 acres of previously undisturbed surface
waters, which currently support sparse patches of submerged aquatic vegetation. These impacts
will be offset by the creation and enhancement of 0.23 acres of mangrove habitat at Watson
Island Park. As compensation for the 0.49 acres of filling between the new and old bulkheads,
Miami-Dade County Regulatory and Economic Resources (RER) requires 804 cubic yards of
riprap to be placed at the offshore artificial reef site POM A. An equivalent quantity of new reef
modules will be installed at POM A in place of the required volume of riprap.
AUTHORIZATIONS
PortMiami Cruise Berth H
Environmental Resource Permit
27
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 2 of 27
he Department has determined that the activity qualifies for an Environmental Resource
T
Permit. Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of
Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).
overeignty Submerged Lands Authorization
S
As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the
Department has determined the activity is not on submerged lands owned by the State of Florida.
Therefore, your project is not subject to the requirements of Chapter 253, F.S., or Rule 18-21, F.A.C.
Federal Authorization
Your proposed activity as outlined on your application and attached drawings does not qualify
for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE
permit or authorization may be required from the Corps. A copy of your permit application has
been forwarded to the Corps for their review. The Corps will issue their authorization directly to
you or contact you if additional information is needed. If you have not heard from the Corps
within 30 days from the date your application was received at the local DEP Office, contact the
Corps at the Miami Field Office SEAPPLS@usace.army.mil (305) 525-7181, for status and
further information. Failure to obtain Corps authorization prior to construction could
subject you to federal enforcement action by that agency.
Coastal Zone Management
Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal
Zone Management Program, as required by Section 307 of the Coastal Zone Management Act.
Water Quality Certification
This permit also constitutes a water quality certification under Section 401 of the Clean Water
Act, 33 U.S.C. 1341
Other Authorizations
You are advised that authorizations or permits for this activity may be required by other federal,
state, regional, or local entities including but not limited to local governments or municipalities.
This permit does not relieve you from the requirements to obtain all other required permits or
authorizations.
The activity described may be conducted only in accordance with the terms, conditions and
attachments contained in this document. Issuance and granting of the permit and authorizations
herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications
will be granted by the Department.
PERMIT
The activities described must be conducted in accordance with:
The Specific Conditions
The General Conditions
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PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 3 of 27
The limits, conditions and locations of work shown in the attached drawings
The term limits of this authorization
You are advised to read and understand these conditions and drawings prior to beginning the
authorized activities, and to ensure the work is conducted in conformance with all the terms,
conditions, and drawings herein. If you are using a contractor, the contractor also should read
and understand these conditions and drawings prior to beginning any activity. Failure to comply
with these conditions, including any mitigation requirements, shall be grounds for the
Department to revoke the permit and authorization and to take appropriate enforcement action.
Operation of the facility is not authorized except when determined to be in conformance with all
applicable rules and this permit, as described.
SPECIFIC CONDITIONS - ADMINISTRATIVE
1.If the General Conditions, approved permit drawings or final plans & specifications
contradict the Specific Conditions, then the Specific Conditions shall prevail.
2.Unless otherwise specified in the Specific Conditions of this permit all submittals
required herein (e.g., progress reports, water-quality reports etc.) shall be electronically
submitted (via e-mail, file transfer site or hard drive). Email submittals shall be sent to
the Department’s JCP Compliance Officer (e-mail address:
JCPCompliance@dep.state.fl.us). If a file transfer site is used, a link shall be e-mailed to
the JCP Compliance Officer. If data are too large to be submitted via e-mail or file
transfer site, the Permittee may submit the data via an external hard drive, provided by
the Permittee. The external hard drive shall be mailed to:
Department of Environmental Protection
Office of Resilience and Coastal Protection
Attn: JCP Compliance Officer
2600 Blair Stone Road, Mail Station 3544
Tallahassee, FL 32399-2400
Note: such submittals include, but are not limited to, as-built drawings, progress reports
and turbidity monitoring reports. All submittals shall clearly indicate the project name
(PortMiami Cruise Berth H) and the permit number (0181285-014-BI).
3.The attached Notice for Publication must be published, at the Permittee’s expense, in the
legal ad section of a newspaper or newspapers of general circulation in the areas affected
by this permitted activity. Proof of this publication must be provided to the Department
within 21 days of the date of publication.
29
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 4 of 27
PECIFIC CONDITIONS – PRE-CONSTRUCTION ACTIVITIES
S
4.For each construction event under this permit, no work shall commence until the
Permittee has satisfactorily submitted all information noted in this condition. At least 30
days prior to commencement of construction, the Permittee shall submit the following
items for review by the Department. Unless otherwise notified by the Department within
15 days of receipt of all information specified below, the Permittee shall assume the
submittals are satisfactory:
a.One (1) electronic copy of detailed final construction plans and specifications for
all authorized activities. The plans and specifications must be consistent with the
project description of this permit and the attached permit drawings, and shall also
be certified by a Professional Engineer (P.E.), who is registered in the State of
Florida. The plans and specifications shall include a description of the dredging
and construction methods to be utilized, including expected time to complete the
permitted project, and drawings and surveys that show all biological resources
and work spaces (e.g., anchoring areas, staging areas, boat access corridors, etc.)
to be used for this project. The Permittee shall also specify the anticipated
disposal or re-use location(s) and appropriate contact information for those
facilities.,
b.A copy of the Contractor’s Environmental Protection Plan, or equivalent, which
provides project-specific details of the Best Management Practices (BMPs) that
will be implemented to prevent erosion, turbidity and the release of hazardous
substances at the dredge/scow, staging areas or during the transfer of material to
offsite disposal sites.
c.The names, credentials (demonstrating experience and qualifications) and contact
information for the individuals who will conduct the turbidity monitoring.
Turbidity monitors shall have prior training in water quality monitoring and
experience in turbidity monitoring for major dredging projects. The turbidity
monitors shall be independent of the design engineer and the contractor.
d.Draft turbidity sampling map. An example of the geo-referenced map that will be
provided with turbidity reports, including aerial photography and the boundaries
of SAV beds (pursuant to Specific Condition 13).
d.SAV monitoring qualifications. To ensure that individuals conducting monitoring
of SAV have appropriate qualifications, documentation demonstrating expertise /
experience shall be provided to the Department for approval prior to the initiation
of monitoring tasks that are required by Specific Condition 14. The Department
will review this information and confirm that monitors meet the requirements
outlined in the SAV Monitoring Plan. The Department will provide written
comments regarding any perceived deficits in qualifications or experience.
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PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 5 of 27
e-construction SAV survey results. An assessment of SAV located within 150
e.Pr
meters of the area(s) to be dredged shall be completed during the summer (June –
September), immediately prior to each construction event in accordance with
Specific Condition 14. Surveys conducted by the local sponsor, their contractors,
or third parties, may be submitted by the Permittee to meet this requirement. The
Permittee shall provide the Department with the following information for SAV
in the project area: a summary of existing information, a narrative description of
the current conditions, a geo-referenced SAV map, and all raw data that were
compiled or produced in association with these deliverables. The Permitteeshall
also provide documentation (e.g., email correspondence) verifying that their
contractor has received the SAV map and that the contractor has been instructed
by the Permittee to use this information to avoid impacts to SAV in the project
area.
f.Long-term agreement for mitigation site maintenance. A long-term agreement
between the City of Miami and the Permittee for maintenance of the Watson
Island Park mitigation site will be submitted to the Department at least 15 days
prior to the pre-construction conference (Specific Condition 4 j.). This agreement
will include all maintenance activities necessary to provide assurance that the
mitigation site will function as expected, including management of invasive /
exotic vegetation, debris removal, and maintenance of signage.
g.Coral and octocoral transplantation and monitoring qualifications. The names,
credentials (documentation demonstrating expertise/experience in transplantation
and monitoring of corals and octocorals) and contact information for the
individuals who will conduct the coral transplantation shall be provided to the
Department for approval prior to the initiation of transplantation required by
Specific Condition 17. The Department will review this information and confirm
that qualifications meet the requirements outlined in the Coral/Hardbottom
Assessment/Mitigation Plan. The Department will provide written comments
regarding any perceived deficits in qualifications or experience.
h.Pre-construction coral and octocoral survey results. An assessment of corals and
octocorals within the full project area shall be completed prior to the beginning of
construction. Surveys conducted by the local sponsor, their contractors, or third
parties, may be submitted by the Permitteeto meet this requirement. The
Permittee shall provide the Department with the following information: a list of
coral species and octocoral genera, estimates of numbers of corals by species (by
genera for octocorals), and size classesand location coordinates for any listed
species present within the project area.
i.A Watch Plan detailing the proposal for observing protected marine species. This
plan shall include:
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PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 6 of 27
ist of all protected marine species observers associated with the project
i.a l
(their names, credentials, qualifications, contact information and a
description of their observational experience (nighttime and daytime
experience);
ii.a description of where the observers will be located during work and how
they will cover the areas required (the observers shall be in elevated
positions, if possible, to maximize visibility and this description shall
indicate the designated location of observers when tugboats and crew
vessels are mooring to the dredge;
iii.the length of work shifts for the observers;
iv.the equipment used to aid in observation (recommend having a spotlight
available to use if needed); and
v.the equipment used to communicate with the dredge operator.
Observers shall have on-the-job experience observing protected marine species,
such as manatees and marine turtles, during major dredging projects.
j.Pre-Construction Conference. After all items required by a through i above
have been submitted to the Department, the Permittee shall conduct a pre-
construction conference to review the specific conditions and monitoring
requirements of this permit with the Permittee's contractors, the engineer of
record, those responsible for turbidity monitoring, those responsible for protected
species monitoring, staff representatives of the Fish and Wildlife Conservation
Commission (FWC) and the JCP Compliance Officer (or designated alternate)
prior to each construction event. In order to ensure that appropriate
representatives are available, at least twenty-one (21) days prior to the intended
commencement date for the permitted construction, the Permittee is advised to
contact the Department, and the other agency representatives listed below:
DEP, JCP Compliance Officer
e-mail: JCPCompliance@dep.state.fl.us
FWC Imperiled Species Management Section
e-mail: marineturtle@myfwc.com
FWC, Regional Biologist
Contact list: http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/
The Permittee is also advised to schedule the pre-construction conference at least
a week prior to the intended commencement date. At least seven (7) days in
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PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 7 of 27
dvance of the pre-construction conference, the Permittee shall provide written
a
notification, advising the participants of the agreed-upon date, time and location
of the meeting, and also provide a meeting agenda and a teleconference number.
f the actual construction start date is different from the expected start date
I
proposed during the preconstruction conference, at least 48 hours prior to the
commencement of each construction event, the Permittee shall ensure that
notification is sent to the FWC, at marineturtle@myfwc.com, indicating the actual
start date and the expected completion date. The Permittee shall also ensure that
all contracted workers and observers are provided a copy of all permit conditions.
SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES
5.Construction within the waters of theAquatic Preserve is limited to 365 days unless
otherwise approved by the Department. If it appears that any open-water work will
exceed 365 days and extend beyond the schedule provided as part of the pre-construction
submittals in specific condition 4 a., the Permittee shall submit a request to the
Department prior to the originally scheduled completion date, requesting an extension of
the construction period. The request shall include a revised schedule, including the newly
anticipated date of completion, and an explanation of all delays that necessitate the work
extension. Transplantation of corals and octocorals from the project area shall be conducted
prior to the beginning construction and will not be counted as part of the 365-day
construction limit.
6.Storing, stockpiling, or accessing equipment on, in, over, or through areas with benthic
resources (including beds of submerged aquatic vegetation \[SAV\] or hardbottom) is
prohibited unless it occurs within a work area or ingress / egress corridor that is
specifically approved by this permit and is shown on the approved permit drawings.
Anchoring or spudding of vessels and barges within areas with benthic resources,
including submerged aquatic vegetation or hardbottom, is also prohibited.
7.The Permittee shall immediately report any incident of unauthorized impact to wetlands,
submerged aquatic vegetation or hardbottom communities to the Department and take
immediate corrective action to avoid any further impacts. Within 30 days of any such
event, the Permittee shall propose a remediation/mitigation plan, which shall be
implemented immediately upon approval by the Department.
Water Quality
8.In association with General Condition No. 3 below, BMPs for controlling turbidity shall
be utilized where appropriate and maintained at all times during project construction to
minimize turbidity. At the dredge, BMPs may include, but not be limited to, turbidity
curtains and an “environmental” (i.e., sealed) clamshell bucket. For in-water work, BMPs
may include, but not be limited to, permanent bulkheads and additional turbidity barriers
33
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 8 of 27
as required. Turbidity control devices shall be installed prior to the commencement of
construction in any given area, or prior to commencement of the particular activity, and
maintained daily to ensure integrity and functionality until post-construction clean-up of
each work area has been completed, or until removal upon completion of the particular
activity. Temporary turbidity barriers shall be made of material in which manatees or
marine turtles cannot become entangled, shall be properly secured, and shall be regularly
monitored to avoid manatee or marine turtle entanglement or entrapment. Turbidity
control devices must not impede manatee or marine turtle movement.
9. Discharge such as dewatering or stormwater runoff into open surface waters of the state
from any temporary dredged material containment area, is prohibited.
10. The maximum mixing zone for turbidity shall be a circle with a radius of 150 meters,
originating from the source of the turbidity. In areas where permanent (e.g., bulkheads) or
floating turbidity barriers are used to restrict turbidity plumes, the mixing zone shall end
immediately outside of the barrier. Beyond the mixing zone, the turbidity standard shall
be met during dredging, filling, installation of scour protection mats, transport, and the
installation of sheetpiles or other pilings.
MONITORING REQUIRED:
11. Turbidity monitoring shall be conducted as described below:
Units: Nephelometric Turbidity Units (NTUs).
Frequency: During daylight hours, sampling shall be conducted three times daily,
approximately four (4) hours apart during dredging or construction
activities that are within the open waters of the state, starting
approximately 30 minutes following commencement of work, while the
highest project-related turbidity levels are crossing the edge of the
mixing zone. Since turbidity levels can be related to pumping rates, the
dredge pumping rates shall be recorded, and provided to the Department
upon request. The compliance samples and the corresponding background
samples shall be collected at approximately the same time, i.e.,
background sample shall immediately follow the compliance sample.
Location: Sampling shall occur at surface (approximately one foot below the
surface), mid-depth (for sites with depths greater than 6 feet), and bottom
(approximately 6 feet above the bottom for sites with depths greater than
25 feet).
Background: Sampling shall occur at least 300m upcurrent from the
project-generated turbidity source, and clearly outside the influence of any
project-related turbidity plume or other turbidity plume.
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PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 9 of 27
ompliance: Dredging: Sampling shall occur at the edge of the 150-meter
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mixing zone, down current from the source of turbidity, within the densest
portion of any visible turbidity plume.
onstruction/Demolition: For activities encompassed by sheet piling
C
or contained within a floating turbidity barrier, sampling shall occur at
mid-depth, downcurrent from the project-related turbidity source, within
the densest portion of any visible turbidity plume, immediately outside of
the turbidity control device. Samples shall only be required if a turbidity
plume is observed outside the limits of the turbidity control device.
If turbidity curtains or similar methodologies are used to protect corals in
areas adjacent to the work site, turbidity and water temperature shall be
monitored inside the barrier and outside the barrier twice daily at least 4
hours apart. Sampling shall be adequate to determine if the barriers are
providing protection or are detrimental to protection of the coral colonies.
Calibration: The instruments used to measure turbidity shall be fully calibrated within
one month of the commencement of the project, and at least once a month thereafter
during project construction. Calibration with secondary standards shall be verified each
morning prior to use, after each time the instrument is turned on, and after field sampling
using two secondary turbidity “standards” that bracket the anticipated turbidity samples.
If the post-sampling calibration value deviates more than 8% from the previous
calibration value, results shall be reported as estimated and a description of the problem
shall be included in the field notes.
Analysis of turbidity samples shall be performed in compliance with DEP-SOP-001/01
FT 1600 Field Measurement of Turbidity:
http://publicfiles.dep.state.fl.us/dear/sas/sopdoc/2008sops/ft1600.pdf
If the turbidity monitoring protocol specified above prevents the collection of accurate
data, the person in charge of the turbidity monitoring shall contact the JCP Compliance
Officer to establish a more appropriate protocol. Once approved in writing by the
Department, the new protocol shall be implemented through an administrative permit
modification.
12.The compliance locations given above shall be considered the limits of the temporary
mixing zone for turbidity allowed during construction. If monitoring reveals turbidity
levels at the compliance sites are greater than 0 NTUs above the corresponding
background turbidity levels, construction activities shall cease immediately and shall not
resume until corrective measures have been taken and turbidity has returned to acceptable
levels. Any such occurrence shall be immediately reported to the JCP Compliance
Officer via email and copied to the DEP Southeast District Office. The subject line of the
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PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 10 of 27
mail shall state: “TURBIDITY EXCEEDANCE” and shall include the project name
e
(PortMiami Cruise Berth H) and the permit number (0181285-014-BI).
Any project-associated turbidity source other than dredging or berth construction /
demolition (e.g., scow or pipeline leakage) shall be monitored as close to the source as
possible. If the turbidity level exceeds 0 NTUs above background the construction
activities related to the exceedance shall cease immediately and not resume until
corrective measures have been taken and turbidity has returned to acceptable levels. This
turbidity monitoring shall continue every hour until background turbidity levels are
restored or until otherwise directed by the Department. The Permittee shall notify the
Department, by separate email to the JCP Compliance Officer, of such an event within 24
hours of the time the Permittee first becomes aware of the discharge. The subject line of
the email shall state “OTHER PROJECT-ASSOCIATED DISCHARGE, TURBIDITY
EXCEEDANCE”.
a.When reporting a turbidity exceedance, the following information shall be
included:
i.Project Name (PortMiami Cruise Berth H);
ii.Permit Number (0181285-014-BI);
iii.Location (shown on map with GPS coordinates);
iv.Level (NTUs above background) of the turbidity exceedance;
v.Time and date that the exceedance occurred; and
vi.Time and date that construction ceased.
b.Prior to re-commencing the construction, a report shall be emailed to the JCP
Compliance Officer with the same information that was included in the
“Exceedance Report”, plus the following information:
i.Turbidity monitoring data collected during the shutdown documenting the
decline in turbidity levels and achievement of acceptable levels;
ii.C
orrective measures that were taken; and
iii.Cause of the exceedance.
13.Turbidity Monitoring Reports. All turbidity monitoring data shall be submitted within
one week of analysis. The data shall be presented in tabular format, indicating the
measured turbidity levels at the compliance sites for each depth, the corresponding
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PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 11 of 27
ckground levels at each depth and the number of NTUs over background at each depth.
ba
Any exceedances of the turbidity standard (0 NTUs above background) shall be
highlighted in the table. In addition to the raw and processed data, the reports shall also
contain the following information:
a.Time of day samples were taken;
b.Dates of sampling and analysis;
c.GPS location of sample and source. When possible, coordinates should be
provided in decimal degrees with a 5-decimal level of precision (i.e., 0.00001).
Please also indicate the datum;
d.Depth of water body;
e.Depth of each sample;
f.Antecedent weather conditions, including wind direction and velocity;
g.Tidal stage and direction of flow;
h.Water temperature;
i.A geo-referenced map, overlaid on an aerial photograph, indicating the sampling
locations (background and compliance), location of active construction, the
visible plume pattern and direction of flow. The map shall also include the
boundaries of any benthic resources or OFW. A sample map shall be submitted
to and reviewed by the Department prior to construction (Specific Condition 4);
j.A statement describing the methods used in collection, handling, storage and
analysis of the samples; and
k.A statement by the individual responsible for implementation of the sampling
program concerning the authenticity, precision, limits of detection, calibration of
the meter, accuracy of the data and precision of the GPS measurements.
l.When samples cannot be collected, include an explanation in the report. If unable
to collect samples due to severe weather conditions, include a copy of a current
weather report from a reliable, independent source, such as an online weather
service.
Monitoring reports shall be submitted by email to the Department’s JCP Compliance
Officer. In the subject line of the reports, include the Project Name, Permit Number and
the dates of the monitoring interval. Failure to submit reports in a timely manner
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constitutes grounds for revocation of the permit. When submitting this information to the
Department’s JCP Compliance Officer, on the cover page to the submittal and at the top
of each page, please state: "This information is provided in partial fulfillment of the
monitoring requirements in Permit No. 0181285-014-BI, for the PortMiami Cruise
Berth H Project”
14. SAV Monitoring shall be conducted to document any potential impacts to SAV
resources that may result from construction activities. Monitoring of SAV in the project
area shall be completed in accordance with the Submerged Aquatic Vegetation
Monitoring Plan for the Cruise Berth H dated January 3, 2020 (Cruise Berth H
SMP) which is herein incorporated by reference and is enforceable as an integral
component of this specific condition of the permit. Monitoring requirements are
summarized below, but additional important details are prescribed in the monitoring plan.
a. All SAV resources within the potential influence of the project shall be monitored
before and after each construction event (Table 1). All SAV monitoring shall be
completed during the peak growing season (June - September).
b. The Permittee shall notify the JCP Compliance Officer prior to the initiation of
each monitoring event and provide an approximate date that survey work will
begin. The Permittee shall notify the JCP Compliance Office when work has been
initiated and when survey work has been completed.
c. Monitoring shall include all SAV within 150 meters of the dredging template or
within the authorized mixing zone, whichever area is greater.
d. Each survey shall include 1) delineation of SAV boundaries, 2) qualitative
assessment of SAV condition, and 3) quantitative assessment of SAV species
composition and abundance.
e. Data (field datasheets and Excel spreadsheets), ArcGIS files, and representative
photos of the site shall be submitted within 45 days of the completion of each
survey. Within 90 days of completion of each Post-Construction Survey, a Post-
Construction SAV Report will be prepared and submitted to the JCP
Compliance Officer (Table 1).
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PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 13 of 27
Table 1: Summary of SAV surveys and associated deliverables.
Surveys Deliverable Timeline for Completion
Desktop Assessment and Summary of existing Growing season immediately
Reconnaissance Survey information; reconnaissance data prior to construction
SAV Map, narrative description
Pre-Construction Growing season immediately
of conditions, and pre-
Baseline Surveyprior to construction
construction data
Post-Construction SAV Report / Growing season immediately
Post-Construction Survey
and post-construction data following construction
15. All benthic monitoring data and statistical analysis must be provided directly and
concurrently from the monitoring firm to the Department, Permittee, Consultant(s), and
Local Sponsor(s) in order to comply with the Florida Auditor General report 2014-064
and to be consistent with Section 287.057(17)(a)(1), F.S. Moreover, if a multi-
disciplinary firm is contracted for engineering and benthic monitoring services or if the
engineering firm subcontracts the post-construction benthic monitoring, the Permittee (or
Local Sponsor) shall provide a plan that addresses conflicts of interest, consistent with
Section 287.057(17)(a)(1), F.S. This plan shall include a description of organizational,
physical, and electronic barriers that will be used to avoid potential conflicts of interest,
and this plan must be approved by the Department prior to the initiation of benthic
monitoring.
MITIGATION
16. Mitigation at Watson Island Park to offset impacts to surface water functions. Impacts
to surface water functions associated with the proposed dredging and equilibration of
side-slopes shall be offset by the creation of 0.14 acres of mangrove habitat and the
enhancement of 0.09 acres of mangrove habitat at the Watson Island Park mitigation site.
All work at the mitigation site will be done in accordance with the Department-approved
April 2020 Watson Island Park Mitigation Plan, which is herein incorporated by
reference and is enforceable as an integral component of this specific condition of the
permit. All earthwork, debris removal, and mangrove planting required pursuant to this
plan will be completed within one year of the completion of construction on the Cruise
Berth H project; installation of signage saying “Keep Boats off Shoreline – Mangrove
Planting Area” shall also be installed at the mitigation site within this time frame.
Maintenance of the Watson Island Park mitigation site. The Permittee shall complete
maintenance activities, including management of invasive / exotic vegetation, debris
removal, and ensuring signs are intact, for three years following planting as prescribed by
the mitigation plan. Since subsequent maintenance of the site will be the responsibility of
the City of Miami, the long-term agreement between the City of Miami and the Permittee
for maintenance of the mitigation site shall be submitted to the Department at least 15
days prior to the pre-construction conference (Specific Condition 4).
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Monitoring requirements for the Watson Island Park mitigation site. Following the
completion of earthworks, debris removal, and planting of mangroves at the Watson
Island Park mitigation site, monitoring will be completed in accordance with the
Department-approved mitigation plan. Conditions at the mitigation site will be visually
assessed by qualified biologists, who will also collect quantitative information along a
series of transects and will photograph permanent stations in each of the three planting
areas (N1, N2, and S1) at the mitigation site to document the cover of mangroves and
invasive / exotic plant taxa over time. Monitoring will occur immediately following
planting (0-month, baseline), as well as 1-month, 6-months, 12-months, 18-months, 24-
months, and 36-months (final) after planting. Monitoring-related deliverables will be
submitted in accordance with the mitigation plan. Data deliverables will be provided to
the JCP Compliance Officer no later than 45 days after the completion of each survey.
Within 90 days of completion of each survey, a report describing the status of the
mitigation site will be prepared and submitted to the JCP Compliance Officer.
Success criteria for the Watson Island Park mitigation site: In order to be considered
successful, each of the planted areas (i.e. N1, N2, S1) shall have achieved:
a.At least 80% survival of planted mangroves, and
b.At least 25% areal coverage of mangroves based on average cover in quadrats, and
c.Less than or equal to 5% areal coverage by exotic and / or nuisance vegetation based
on average cover in quadrats.
17.Coral transplantation. The approved “Coral/Hardbottom Assessment/Mitigation Plan”
shall be followed for all coral transplantation activities.
a.All scleractinian corals greater than 5 cm in diameter shall be transplanted from the
project area to existing artificial reef modules within County artificial reef site “POM
A”. Listed species of corals (Acropora spp., Orbicella spp., Dendrogyra cylindrus,
Mycetophyllia ferox) or non-listed Montastraea cavernosa and Pseudodiploria spp. of
any size, if found, shall be removed and donated to the coral nursery at Rosenstiel
School of Marine and Atmospheric Science. All identifiable colonies of Cladocora
arbuscula shall be transplanted, regardless of size. Additionally, a minimum of 180
colonies of Phyllangia americana greater than 5 cm in diameter shall be relocated
from the project area. If fewer than 180 P. americana colonies greater than 5 cm in
diameter are found within the project area, a compensatory number of smaller
colonies shall be transplanted.
b.All octocorals greater than 10 cm in height (excluding encrusting species
Erythropodium caribaeorum and Briareum asbestinum) shall be transplanted to
existing artificial reef modules within County artificial reef site POM A.
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c.Should corals fragment upon removal, all fragments of the same broken coral must be
kept together and reconstructed by reattaching fragments as close together as possible
(like puzzle pieces – reattached within 5 mm apart from one another). The re-
constructed corals should be considered as one single coral for monitoring purposes.
d.All corals and octocorals shall be evaluated on health condition according to FWC
Guidelines and be devoid of any signs of diseases and presence of boring sponges.
e.All transplanted corals and octocorals shall be observed within one week of
transplantation to ensure successful attachment at the POM A reef site. If attachment
of a colony is not successful but the coral/octocoral is still alive, efforts shall be made
to reattach the colony.
f.Corals and octocorals shall be transplanted on the same day that they are detached
from the project site. If weather conditions or other circumstances prohibit
transportation and attachment of corals and octocorals to the recipient site within the
same day, colonies may be cached within a designated safe area and transplanted to
the reef site at the earliest opportunity.
g.Transplantation results, including post-attachment survival surveys, shall be reported
to the Department (JCP Compliance Officer) within 30 days of completion of
transplantation.
h.Commencement and completion of coral transplantation must be reported to the JCP
Compliance officer within 24 hours prior to and following all transplantation
activities.
18.Written notification shall be provided to the Department at least seven (7) days prior to
the initiation of coral and octocoral transplanting activities begin. Additionally,
monitoring reports of the transplanted corals and artificial reef shall be provided to the
Department within 90 days following completion of each monitoring event. The 90-day
requirement may be amended upon written notification from the Department.
SPECIFIC CONDITIONS - PROTECTED MARINE SPECIES
19.If the actual start date is different from the expected start date proposed during the
preconstruction conference, at least 48 hours prior to the commencement of the dredging
event, the Permitteeshall ensure that notification is sent to the FWC indicating the actual
start date and the expected completion date to marineturtle@myfwc.com. The Permittee
shall also ensure that all contracted workers and observers are provided a copy of all
permit conditions.
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20. The Standard Manatee Construction Conditions for In-Water Work (2011) shall be
followed for all in-water construction activities.
a. All personnel associated with the project shall be instructed about the presence of
manatees and manatee speed zones, and the need to avoid collisions with, and
injury to manatees. The Permittee shall advise all construction personnel that
there are civil and criminal penalties for harming, harassing, or killing manatees,
which are protected under the Marine Mammal Protection Act, the Endangered
Species Act, and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle
Speed/No Wake” at all times while in the immediate area and while in water
where the draft of the vessel provides less than a four-foot clearance from the
bottom. All vessels shall follow routes of deep water whenever possible.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot
become entangled, shall be properly secured, and shall be regularly monitored to
avoid manatee entanglement or entrapment. Barriers shall not impede manatee
movement.
d. All on-site project personnel are responsible for observing water-related activities
for the presence of manatees. All in-water operations, including vessels, shall be
shutdown if a manatee comes within 50 feet of the operation. Activities shall not
resume until every manatee has moved beyond the 50-foot radius of the project
operation, or until 30 minutes has elapsed wherein a manatee has not reappeared
within 50 feet of the operation. Animals shall not be herded away or harassed into
leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the
FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be
reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336)
for north Florida or Vero Beach (1-772-562-3909) for south Florida.
f. Temporary signs concerning manatees shall be posted prior to and during all in-
water project activities. All signs are to be removed by the Permittee upon
completion of the project. Awareness signs that have already been approved for
this use by the Florida Fish and Wildlife Conservation Commission (FWC) must
be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee
Area must be posted. A second sign measuring at least 8 1/2" by 11" explaining
the requirements for “Idle Speed/No Wake” and the shutdown of in-water
operations must be posted in a location prominently visible to all personnel
engaged in water-related activities. Please see the Florida Fish and Wildlife
Conservation Commission website for information on how to obtain appropriate
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igns:
s
http://www.myfwc.com/docs/WildlifeHabitats/Manatee_EducationalSign.pdf
21.The Permittee shall ensure that an observer(s) shall watch for protected marine species
(manatees, marine turtles, dolphins, etc.) during all in-water work associated with
dredging operations to ensure compliance with the stop work zone required in this
authorization. All observers shall have prior on-the-job observation experience (including
previous sightings of manatees) during previous dredging work where the activities were
similar in nature to this project. The Permittee shall ensure that all observers are given a
copy of the permit for the project, including all special conditions, prior to the
commencement of construction. FWC guidelines regarding observers can be found at the
following website: http://www.myfwc.com/wildlifehabitats/managed/manatee/watch-
program/.
22.The Permittee/Contractor shall maintain a daily log that details sightings, collisions, or
injuries to protected marine species (manatees and marine turtles). The logs shall also
include the following project specific information: work itinerary; weather; work
shutdown times; observer shift changes. In regard to manatee behavior, the observers
shall also log time of observation; duration of sightings; estimated distance of animal
from the dredge/equipment/vessel; animal behavior during the sighting (such as passing
through, pausing in the vicinity of the project, interacting with the dredge, scows tugs,
etc. attracted to running or dripping water); detection method; whether the dredge was
operating at time of observation; and actions taken as a result of the sighting, collisions or
injuries.
A final report summarizing the logs shall be sent to FWC at
ImperiledSpecies@myfwc.com no later than 30 days after demobilization of final project
completion. The report shall include project name and permit number, names of
observers and contact information.
23.To avoid impacts to protected marine species (manatees, dolphins, marine turtles, etc.)
during clamshell dredging, the following conditions shall be followed:
a.Open water dredging shall be conducted during daylight hours only.
b.During clamshell operations, the dredge operator shall gravity-release the
clamshell bucket only at the water’s surface, and only after confirmation that
there are no protected species within the 50-foot designated safety distance. The
protected marine species observer shall notify the Contractor if protected marine
species enter within the designated safety distance. Prior to lowering the dredge
bucket to the water's surface, the water immediately below and adjacent to the
bucket shall be scanned for the presence of protected marine species, and all
dredging operations shall cease if a protected marine species is observed.
Activities shall not resume until the protected marine species has moved beyond
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the immediate area of the project operation, or, if the protected marine species
submerges, until 30 minutes elapses and the protected marine species has not
reappeared within the immediate area of the operation;
24. If pile-driving activities occur, the following measures shall be followed:
a. At least one observer shall be onsite at all times and dedicated to the task of
watching for manatees during the in-water pile driving construction work.
Observers must have prior on-the-job experience as a dedicated manatee observer,
observing for manatees during similar in-water work and shall perform no other
duties that may interfere with their ability to observe for protected marine species.
All pile-driving activity shall be confined to daylight hours.
b. The pile driving activities will use a ramp-up measure. At the start of pile driving,
hammers would initially be operated at low levels, then gradually increase to
minimum necessary power required for pile installation. Monitoring for protected
marine species will occur for 30 minutes prior to pile driving, during pile driving,
and for 30 minutes after pile driving ends.
c. If the activities appear to harass or injure a protected marine species, then work
shall cease immediately and not resume until after consultation with the Florida
Fish and Wildlife Conservation Commission (FWC) at
ImperiledSpecies@myfwc.com or 850-922-4330. Any additional conservation
measures deemed necessary by FWC must be implemented to minimize the risks
to protected species.
d. If there is any unusual manatee behavior in the vicinity of the pile driving, but the
behavior does not appear to be a result of injury or harassment (such as if
manatees are attracted to the activity, or if they appear spooked or otherwise
appear unnatural), a final report shall be sent to the Florida Fish and Wildlife
Conservation Commission at ImperiledSpecies@myfwc.com, no later than 30
days after final project completion. The report shall describe the animal’s
behavior, distance from activity, and any measures taken if needed. Please
include the project name and permit number, names of observers and contact
information, and summaries of all protected marine species sightings.
25. To reduce the risk of a vessel crushing a manatee, the permittee shall install wharf
fenders with appropriate materials to provide sufficient standoff space of at least four feet
under maximum designed compression. Fenders or buoys providing a minimum standoff
space of at least four feet under maximum designed compression shall also be utilized
between two vessels that are moored together.
26. To reduce the risk of entrapment and drowning of manatees, manatee exclusion devices
(such as grating) shall be installed and maintained over any existing or proposed pipes or
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lverts greater than 8 inches, but smaller than 8 feet in diameter that are submerged or
cu
partially submerged and reasonably accessible to manatees. If horizontal or vertical bars
are used, no more than 8-inch gaps on center shall be allowed. Grates shall be in place at
the accessible end(s) during all phases of the construction process and as a final design
element to restrict manatee access.
27.While performing backfilling between the bulkheads, it is important to ensure that
manatees or sea turtles do not become entrapped during sheet pile installation or gain
access after the sheet pile has been installed and before filling work has been completed.
The new bulkhead installation shall be completed only after a dedicated observer
confirms that no manatees will be trapped in the area to be filled landward of the new
bulkhead. If a manatee or sea turtle becomes entrapped, the area shall be opened up to
allow the manatee or turtle to leave of its own volition. It shall not be herded or harassed
into leaving the area.
28.Blasting is not authorized for this project. If the construction methodology changes in the
future to include blasting, a modification to the permit is needed. Specific conditions
must address impacts to protected marine species if blasting is proposed. Such conditions
shall be in the form of an appropriate Blast and Watch Plan, approved by the Florida Fish
and Wildlife Conservation Commission, which can be contacted at
ImperiledSpecies@myfwc.com.
29.Reporting. If an injured or dead marine mammal or marine turtle is discovered in the
vicinity of the project location while mobilized, the following shall occur:
a.The Contractor shall cease all work and immediately notify the Permittee, and the
Contractor/Permittee shall immediately notify the JCP Compliance Officer:
JCPCompliance@dep.state.fl.us as well as the applicable agencies. The
Contractor/Permittee shall maintain contact with the injured or dead animal to the
greatest extent practicable until authorities (i.e., FWC and / or NMFS) arrive to
retrieve the animal. Work shall not continue until the applicable wildlife agency
has arrived on scene and recovered or rescued the animal.
•FWC Wildlife Alert Hotline: 1-888-404-3922 and
ImperiledSpecies@myfwc.com (manatees, marine turtles and whales)
•NMFS Emergency Stranding Hotline: 1-877-433-8299 (marine turtles, whales
and dolphins)
•STSSN: SeaTurtleStranding@myfwc.com
Details of the incident shall be sent to FWC at ImperiledSpecies@myfwc.com
within 24 hours. Information shall include, but not be limited to: a narrative of the
incident, photographs/videos of the incident and surrounding environment (if
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sible), a GPS point where the animal was discovered, names, titles and contact
pos
numbers of all personnel onsite at the time of the incident, and the name, title and
contact number for the designated Port Authority representative. Additional
information may be requested by FWC and telephone interviews may be required.
b.Preliminary assessments of the incident information by FWC and the Department
may require that work temporarily cease upon notification and not resume until
FWC can confirm that all permit conditions are being appropriately implemented.
If needed, FWC will provide DEP and the Permittee any additional protection
measures necessary to minimize future risks to protected marine species. The
Department will determine whether or not a permit modification is required if
substantial modifications to protective measures are requested by FWC.
30.Progress reports for the project shall be submitted to the Department beginning 90 days
after commencement and shall continue to be submitted quarterly until construction of
the permitted project is completed. The cover page shall indicate the permit number,
project name and the Permittee/Agent’s contact information. Progress reports must be
submitted to the Department even if there is no ongoing construction. Reports shall
include the current project status and the construction schedule for the following six
months. In addition, the report shall include the following information:
a.The permit number (0181285-014-BI), project name (PortMiami Cruise Berth H),
reference to this Specific Condition and date permitted activity was begun; if
work has not begun on-site, please indicate accordingly.
b.A brief description and extent of the work (e.g., percentage of dredging)
completed since the previous report or since the permit was issued, including
copies of the permit drawings showing those areas where work has been
completed.
c.A brief description and extent of the work anticipated in the next three months.
Indicate on copies of the permit drawings those areas where it is anticipated that
work will be done.
d.On the first page of the report, just below the title, the certification of the
following statement by the individual who supervised preparation of the report:
"This report represents a true and accurate description of the activities conducted
during the three-month period covered by this report."
SPECIFIC CONDITIONS- CONSTRUCTION COMPLETION
31.Within 14 days after completion of construction of the permitted or authorized activity,
the Permittee shall include a written statement of completion. The following information
shall be included:
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a. The permit number (0181285-014-BI) and the project name (PortMiami Cruise
Berth H)
b. The date on which construction activities began and the date of completion;
c. A table identifying any violations of turbidity standards which occurred during
dredging or disposal, the probable causes of the violations and corrective
measures taken to reduce turbidity
32. Within 90 days after completion of construction of the permitted or authorized activity,
and prior to transfer to operation, the Permittee shall submit an As-Built Survey signed,
sealed and dated by a Florida licensed Surveyor and Mapper in accordance with Chapter
61G17-7, Florida Administrative Code. When the completed activity differs substantially
from the permit drawings, any substantial deviations shall be noted and explained. Unless
pre-authorized by the Department, any significant changes could be considered to be non-
compliance with the permit.
GENERAL CONDITIONS FOR INDIVIDUAL PERMITS
The following general conditions are binding on all individual permits issued under chapter 62-
330, F.A.C., except where the conditions are not applicable to the authorized activity, or where
the conditions must be modified to accommodate project-specific conditions.
1. All activities shall be implemented following the plans, specifications and performance
criteria approved by this permit. Any deviations must be authorized in a permit
modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so
authorized may subject the Permittee to enforcement action and revocation of the permit
under Chapter 373, F.S.
2. A complete copy of this permit shall be kept at the work site of the permitted activity
during the construction phase and shall be available for review at the work site upon
request by the Agency staff. The Permittee shall require the contractor to review the
complete permit prior to beginning construction.
3. Activities shall be conducted in a manner that does not cause or contribute to violations
of state water quality standards. Performance-based erosion and sediment control best
management practices shall be installed immediately prior to construction and be
maintained during and after construction as needed, to prevent adverse impacts to the
water resources and adjacent lands. Such practices shall be in accordance with the State
of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida
Department of Environmental Protection and Florida Department of Transportation
June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s
Manual (Florida Department of Environmental Protection, Nonpoint Source
Management Section, Tallahassee, Florida, July 2008), which are both incorporated by
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reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion
and sediment control plan is approved or other water quality control measures are
required as part of the permit.
4. At least 48 hours prior to beginning the authorized activities, the Permittee shall submit
to the Agency a fully executed Form 62-330.350(1), “Construction Commencement
Notice,” \[October 1, 2013\], which is incorporated by reference in paragraph 62-
330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this
form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.
If available, an Agency website that fulfills this notification requirement may be used in
lieu of the form.
5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an
operating entity under Rule 62-330.310, F.A.C., the Permittee is liable to comply with the
plans, terms and conditions of the permit for the life of the project or activity.
6. Within 30 days after completing construction of the entire project, or any independent
portion of the project, the Permittee shall provide the following to the Agency, as
applicable:
a. For an individual, private single-family residential dwelling unit, duplex, triplex,
Activities Associated With a Private Single-Family Dwelling Unit” \[Form 62-
330.310(3)\]; or
b. -Built Certification and Request for Conversion to
Operational Phase” \[Form 62-330.310(1)\].
c. If available, an Agency website that fulfills this certification requirement may be
used in lieu of the form.
7. If the final operation and maintenance entity is a third party:
a. Prior to sales of any lot or unit served by the activity and within one year of
permit issuance, or within 30 days of as- built certification, whichever comes first,
the Permittee shall submit, as applicable, a copy of the operation and maintenance
documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the
Department of State, Division of Corporations and a copy of any easement, plat,
or deed restriction needed to operate or maintain the project, as recorded with the
Clerk of the Court in the County in which the activity is located.
b. Within 30 days of submittal of the as-built certification, the Permitteeshall submit
“Request for Transfer of Environmental Resource Permit to the Perpetual
Operation Entity” \[Form 62-330.310(2)\] to transfer the permit to the operation
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and maintenance entity, along with the documentation requested in the form. If
available, an Agency website that fulfills this transfer requirement may be used in
lieu of the form.
8. The Permittee shall notify the Agency in writing of changes required by any other
regulatory agency that require changes to the permitted activity, and any required
modification of this permit must be obtained prior to implementing the changes.
9. This permit does not:
a. Convey to the Permittee any property rights or privileges, or any other rights or
privileges other than those specified herein or in Chapter 62-330, F.A.C.;
b. Convey to the Permittee or create in the Permittee any interest in real property;
c. Relieve the Permittee from the need to obtain and comply with any other required
federal, state, and local authorization, law, rule, or ordinance; or
d. Authorize any entrance upon or work on property that is not owned, held in
easement, or controlled by the Permittee.
10. Prior to conducting any activities on state-owned submerged lands or other lands of the
state, title to which is vested in the Board of Trustees of the Internal Improvement Trust
Fund, the Permittee must receive all necessary approvals and authorizations under
Chapters 253 and 258, F.S. Written authorization that requires formal execution by the
Board of Trustees of the Internal Improvement Trust Fund shall not be considered
received until it has been fully executed.
11. The Permittee shall hold and save the Agency harmless from any and all damages,
claims, or liabilities that may arise by reason of the construction, alteration, operation,
maintenance, removal, abandonment or use of any project authorized by the permit.
12. The Permittee shall notify the Agency in writing:
a. Immediately if any previously submitted information is discovered to be
inaccurate; and
b. Within 30 days of any conveyance or division of ownership or control of the
property or the system, other than conveyance via a long-term lease, and the new
owner shall request transfer of the permit in accordance with Rule 62-330.340,
F.A.C. This does not apply to the sale of lots or units in residential or commercial
subdivisions or condominiums where the stormwater management system has
been completed and converted to the operation phase.
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13. Upon reasonable notice to the Permittee, Agency staff with proper identification shall
have permission to enter, inspect, sample and test the project or activities to ensure
conformity with the plans and specifications authorized in the permit.
14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal
implements, dugout canoes, or any other physical remains that could be associated with
Native American cultures, or early colonial or American settlement are encountered at
any time within the project site area, work involving subsurface disturbance in the
immediate vicinity of such discoveries shall cease. The Permittee or other designee shall
contact the Florida Department of State, Division of Historical Resources, Compliance
and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate
permitting agency office. Such subsurface work shall not resume without verbal or
written authorization from the Division of Historical Resources. If unmarked human
remains are encountered, all work shall stop immediately, and notification shall be
provided in accordance with Section 872.05, F.S.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be
considered binding unless a specific condition of this permit or a formal determination
under Rule 62-330.201, F.A.C., provides otherwise.
16. The Permittee shall provide routine maintenance of all components of the stormwater
management system to remove trapped sediments and debris. Removed materials shall be
disposed of in a landfill or other uplands in a manner that does not require a permit under
Chapter 62-330, F.A.C., or cause violations of state water quality standards.
17. This permit is issued based on the applicant’s submitted information that reasonably
demonstrates that adverse water resource-related impacts will not be caused by the
completed permit activity. If any adverse impacts result, the Agency will require the
Permittee to eliminate the cause, obtain any necessary permit modification, and take any
necessary corrective actions to resolve the adverse impacts.
18. A Recorded Notice of Environmental Resource Permit may be recorded in the county
public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an
encumbrance upon the property.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a
petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S.,
before the deadline for filing a petition. On the filing of a timely and sufficient petition, this
action will not be final and effective until further order of the Department. Because the
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administrative hearing process is designed to formulate final agency action, the hearing process
may result in a modification of the agency action or even denial of the application.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department’s action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-
106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following
information:
(a) The name and address of each agency affected and each agency’s file or identification
number, if known;
(b) The name, address, and telephone number of the petitioner; the name, address, and
telephone number of the petitioner’s representative, if any, which shall be the address for
service purposes during the course of the proceeding; and an explanation of how the
petitioner’s substantial interests are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d)A statement of all disputed issues of material fact. If there are none, the petition must so
indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency’s proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency’s proposed action, including an explanation of how the
alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the
petition shall be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed
within 21 days of receipt of this written notice. Petitions filed by any persons other than the
applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be
filed within 21 days of publication of the notice or within 21 days of receipt of the written notice,
whichever occurs first. The failure to file a petition within the appropriate time period shall
constitute a waiver of that person's right to request an administrative determination (hearing)
51
PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 26 of 27
under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a
party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only
at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-
106.205, F.A.C.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department’s action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for
filing a petition for an administrative hearing. A timely request for extension of time shall toll the
running of the time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when this order is filed with the Clerk of the
Department.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of
Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General
Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by
filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the
appropriate district court of appeal. The notice must be filed within 30 days from the date this
action is filed with the Clerk of the Department.
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PortMiami Cruise Berth H
Permittee: Port of Miami
Permit No. 0181285-014-BI
Page 27 of 27
CUTION AND CLERKING:
EXE
Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
_________________________________
Gregory W. Garis.
Program Administrator
Beaches, Inlets and Ports Program
Office of Resilience and Coastal Protection
Attachments:
1.Approved Permit Drawings (21 pages, October 2018)
2.Coral/Hardbottom Assessment/Mitigation Plan (March 2020)
3.Watson Island Park Mitigation Plan (April 2020)
4.Submerged Aquatic Vegetation Monitoring Plan (January 2020)
5.Notice for Publication
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and all
attachments were sent on the filing date below.
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
___________ ____________
C
lerkDate
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EXHIBIT “C”
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF
INSURANCE- PORT MIAMI WATSON ISLAND MITIGATION
PROJECT
I.Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
Contingent and Contractual Liability
Premises and Operations Liability
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
Waiver of subrogation
II.Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non-Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
III. Worker’s Compensation
Limits of Liability
Statutory-State of Florida
Waiver of subrogation
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Employer’s Liability
A.L
imits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
IV.Umbrella Policy (Excess Follow Form)
A.Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 1,000,000
Aggregate $ 1,000,000
City of Miami listed as an additional insured. Coverage is excess follow
form over the general liability and auto policies.
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer not less than (30) days prior to any
such cancellation or material change, or in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
T
he company must be rated no less than “A-” as to management, and no less
than “Class V” as to Financial Strength, by the latest edition of Best’s Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and /or certificates of insurance are subject to review and
verification by Risk Management prior to insurance approval.
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