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Exhibit B development projects that are being repaired , replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document . Property shall also be deemed dedicated for public use if. (a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940 , or (b) The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or (c) There is no ongoing litigation challenging the designated use of the property as shown on the plat or map, nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map . (3 ) Permits : The project sponsor is responsible for obtaining and abiding by any and all federal , state and local permits , laws , proprietary authorizations and regulations in the development and operation of the project . Applicants for construction projects that include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required environmental permitting and authorizations will be completed by the District ' s final TRIM hearing . This demonstration will be by submission of the required environmental permit(s) and authorizations, or by submission of a letter from the agency(s) stating that a permit or authorization is not required . Should the environmental permitting element of an application that has construction elements requiring state or federal environmental permits or authorizations not be completed by the District ' s final TRIM hearing, the construction portion of the project will not be considered for funding . Whereby funding decisions are completed at the final TRIM hearing, the District will not deviate from the funding schedule to accommodate any application deficiency . (4) Public Marina Qualifications : All public marina projects funded through this program shall include sewage pumpout facilities for vessels , unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable . All public marina projects funded through this program shall have at least ten percent ( 10 %) of their slips or mooring areas available for transient vessels . Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas . Program funds to public marina projects shall not be utilized for replacement of the facilities if revenues generated by the facility are not allocated to the operation, maintenance and improvement of the public marina facility in accordance with subsection 66B -2 . 004 ( 10) , F . A . C . ( 5 ) Final Decisions : The Board will make all final decisions on the eligibility of a Project or specific project costs . Rulemaking Authority 374. 976(2) FS. Law Implemented 374. 976(1) -(3) FS. History—New 12- 17- 90, Amended 9-2-92, 6-24-930 2-3-94, 4- 12-950 9-5-96, 2- 6-97, Formerly 16T-2. 008, Amended 5- 17-98, 3-31 -99, 5-25-00, 3-21 - 01 , 7-30-029 3-20- 03, 3-3-04, 4- 15-07, 3-25-08, 4- 1 -09, 2-22- 10. 66B -2 . 009 — Project Administration . The District will appoint a project manager who shall be responsible for monitoring