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This Instrument prepared by:
Thomas A. Cloud, Esq.
Gray Robinson, P.A.
301 E. Pine Street, Suite 1400 Orlando, Florida 32801
AGREEMENT FOR CONSENT TO ISSUANCE OF PORT TAMPA BAY BOAT LIFT/DOCK PERMIT (Boat Lift/Dock Application for ____ -- Applicant’s Address)
This Agreement for consent to issuance of a Tampa Port Authority Dock Permit is made and entered into this __ day of August, 2021 by and between ________________, in
(his/her/their) individual capacity, resident(s) of the State of Florida, and owner(s) of ____
Christophers Watch Lane (hereafter “Applicant”) and the South Bay Community Development District, a community development district created pursuant to Chapter 190, Florida Statutes (hereafter “District”).
RECITALS
1. The Applicant owns the property at ____ Christophers Watch Lane (hereafter “Property”), and has applied for various licenses, permits, and consents to construct a boat lift onto an
existing boat dock or to construct a boat dock with or without a lift (hereafter the “Project”).
2. The Applicant has filed with Port Tampa Bay (hereafter “Port”) an application #
to construct a non-covered boat lift to existing dock or to construct a dock on day of 20 (hereafter “Application”).
3. The District owns the submerged lands adjacent to the Property and has standing to object to requests like the Application,
4. The Port informed the Applicant that it would not issue a construction permit unless the Applicant obtained the consent of the District.
5. The District has sought input from all interested parties, has reviewed and considered the Hillsborough County Environmental Protection Commission’s proposed conditions contained in its letter of _______________, 202_, to the Port, the Antigua Cove Architectural Control
Committee’s letter of ____________, 202_, reporting the issuance of a conditional approval, the Restrictive Covenant Running with the Land applicable to the Property dated April 13, 2011, and recorded in the Public Records of Hillsborough County at Book #20488, Pages 323-331, and the prior permit issued by the Port for the Antigua Cove Master Dock Plan, Port Tampa Bay Standard Work Permit #______ which are hereby incorporated by reference in their entirety (hereafter collectively “Relevant Prior Approvals”).
6. The Applicant has submitted to the District plans dated ____________, 202_ showing the scope of the construction anticipated (the “Plans”), which are attached to and incorporated into this Agreement as Exhibit “A.”
7. The Applicant has indicated that it is willing to pay the District’s cost of reviewing, considering, processing, and approving the Application.
8. The parties hereto acknowledge to each other that they are bound by the terms and conditions of this Agreement.
9. Subject to the terms and conditions set forth below, the District is willing to grant its consent to the issuance of a boat lift/boat dock permit by the Port.
ACCORDINGLY, in consideration of the above state Recitals, and other good and valuable consideration the receipt and sufficiency of which are acknowledged by the parties, the parties agree as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated herein by this reference thereto.
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Section 2. Conditions to Consent to Issuance of Permit. The District hereby consents to the issuance of a boat lift/boat dock permit by the Port subject to the following conditions:
a. The Applicant shall pay ONE THOUSAND DOLLARS ($1,000.00) as an application fee towards the cost of the District’s review, consideration, processing, and approval of this Application prior to receipt of an executed copy of this Agreement.
b. The Applicant shall comply with all conditions contained in the Relevant Prior Approvals, including but not limited to the Antigua Cove Master Dock Plan, the Port Tampa Bay Standard Work Permit #______, the Hillsborough County EPC proposed conditions, and the Antigua Cove Architectural Committee’s approval dated May 14, 2020, except that, to the extent the Antigua Cove Architectural Committee’s approval is inconsistent with the Plans, the Plans shall control.
c. The Applicant shall submit a copy of the final plans approved and permits received from the Port and the Hillsborough County EPC to the District’s Manager within thirty (30) days following issuance thereof.
d. Notwithstanding anything to the contrary contained herein, the Applicant agrees that its construction of a boat lift/boat dock must comply with and not exceed the dimensions applicable to adjacent lots specified on Dock “I” Typical Drawing contained in Exhibit “A” of Port Tampa Bay Standard Work Permit #______ dated ____________, 20__. In the event of a conflict between this condition and any other condition, this condition shall control. The Applicant acknowledges and represents that its Revised Plans are consistent with the said Standard Work Permit.
e. Boat length is limited to thirty-two (32’) feet.
Section 3. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida.
Section 4. Indemnification. Licensee will indemnify, save and hold harmless the District against all liability, losses, damage or other expenses, including reasonable attorneys’ fees which may be imposed upon, incurred by or asserted against the District by reason of the construction of a boat lift/boat dock and other work related to the Project and any personal injury or property damage occurring on or about the Property or any part thereof, or any failure on the part of Licensee to perform or comply with any provision of this Agreement.
Section 5. Notices. Any notice or other communication required or permitted to be made or given under this Agreement, shall be in writing and shall be deemed to have been received by the party to whom it is addressed: (i) on the date actually received if hand delivered or if transmitted by telefax (receipt of which is confirmed by sender); (ii) three business days after such notice was deposited in the United States Mail postage prepaid; or (iii) one business day after such notice was delivered to an overnight delivery service, addressed, delivered or transmitted in each case as follows:
If to District:
South Bay Community Development District Special District Services
2501 A Burns Road
Palm Beach Gardens, FL 33410 Attention: District Manager With copy to:
Thomas A. Cloud, Esquire
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GrayRobinson, P.A.
301 East Pine Street, Suite 1400 Orlando, FL 32801
If to Applicant:
___________________________
____ Christophers Watch Lane Ruskin, FL 33570
Section 6. Litigation and Attorneys’ Fees. In the event it shall be necessary for either party to bring suit for specific performance or damages or to enforce any provision hereof, the prevailing party in any such litigation and any appeals therefrom shall be entitled to recover from the other party, in addition to any damages or other relief granted as a result of such litigation, all costs or expenses of such litigation and its reasonable attorneys’ fees and paralegals’ fees as fixed by the court.
Section 7. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and may not be modified in any manner other than in writing signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed on the date and year first above written.
WITNESSES: ______________________________
________________________ By:_________________________
Name:___________________
__________________________
Name:_____________________
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this _____ day of
_____________, 202_, by _______________________________________, who is personally known to me [ ] or has provided _________________________ as identification.
___________________________
Signature of Notary Public
[SEAL] Name:________________________
My Commission Expires:_______
Commission No.:_____________
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ATTEST: SOUTH BAY COMMUNITY DEVELOPMENT
DISTRICT, an independent special district created pursuant to chapter 190, Florida Statutes
By: ________ By:
William Crosley, District Manager W. Thomas Grimm, Chairman
APPROVED AS TO FORM & LEGALITY:
By:__________________________
Thomas A. Cloud, District Counsel
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EXHIBIT “A”
