AGREEMENT FOR RUNNING WITH THE LAND
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PINELLAS C
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c. Total contribution to percent cover by the following wetland species and species not listed in 17-
301.400, F.A.C., shall be maintained below 10%:
SPECIES: Alternathera lJhiloxeroides. AndrolJoJ!on J!lomeratus. Azolla caroliniana. Baccharis
halimifolia. Brachiaria mutica, Casuarina spp" Eichhornia crassives, Hvdril/a
verticil/ata, LudwiJ!ia veruviana, LudwiJ!ia octavalis, LudwiJ!ia levtocarva. Melaleuca
QuinQuenervia, Mvrica cerifera. Panicum revens, Pistia stratiotes. Ricinus communis.
Rubus spp" Salix spp" Salvinia rotundifolia. Schinus terebinthifolius, Tvvha spp" Urena
lobata. Vitis spp., and Euvatorium spp.
d The mitigation area has been inspected by a member o/the Department's Water Management staff
and has been determined to be within the landward extent of waters of the State pursuant to 17-
301, F.A,C.
5. The permittee may notify the Department whenever the permittee believes the mitigation is
successful, but in no event earlier than two years after the mitigation is completed. This notice shall be sent by
certified mail addressed to. Submerl!ed Lands and Environmental Resources Prol!ram. Compliance and
Enforcement Section. Southwest District. 3804 Coeonut Palm Drive. Tampa, FL 33619.
6. The notification shall include a copy of the most recent Annual Progress and Mitigation Success
Report and a narrative describing how the reported data support the contention that each of the mitigation criteria
have been met. The permittee shall afford Department personnel the opportunity to schedule and conduct enough
on-site inspection of the mitigation site(s) to determine whether the criteria are met. Mitigation site may be
successful at different times.
7. Within one hundred twenty (120) days of receipt ofthis notice, the Department shall notify the
Permittee by certified mail that either the Department determined:
(A) That the mitigation has been successfully completed; or
(B) That the mitigation is not successful, identifying specifically those elements of the mitigation that do
not meet the success criteria; or
(C) That the mitigation cannot be determined to be successful at this time, identifying specifically those
elements of the mitigation that prevent it from determining whether the mitigation is successfuL
8. When the Department notifies the City that the mitigation is successful, or, if the Department fails
to notify the City within the time period prescribed by this Agreement, then the City's mitigation obligation under
the terms of the permit and this Agreement shall be deemed satisfied.
9. Department personnel will be permitted to conduct an on-site inspection of the mitigation areas in
a reasonable manner and at reasonable times.
10. If the City fails to perform the required mitigation in accordance with the specified conditions of
the permit within the time periods set forth in the permit, the Department (1) may inquire as to the status of the
mitigation and require the City to take appropriate remedial action, (2) may commence an enforcement action
pursuant to Chapter 403, Florida Statutes, (3) may commence legal proceedings to enforce this Agreement, or (4)
may extend the time allowed for the required mitigation in accordance with the specific conditions ofthe permit. In
any such action or proceedings to enforce this agreement in which the Department prevails, the City shall be liable
for the Department's reasonable attorney's fees, costs and expert witness fees in both trial and appellate courts, and
the City consents that venue for such actions shall lie exclusively in Pine lIas County, Florida.
11, Notwithstanding any of the above, the mitigation requirements of the permit may be modified by
the Department if it determines that the City has been unable to perform successfully the required mitigation based
2
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fINELLAS COUNTY FLA.
OFF REC.BK 9934 PG 1803
on causes beyond (the City's) control. Such causes may include, but are not limited to, unusual climatological and
meteorological conditions.
12. The City may request that this Agreement be modified for good cause. Good cause may include,
but is not limited to, changes in dredging, filling or mitigation plans necessitated by or resulting from actions of
federal, state or local governmental agencies. Requests for modification ofthis agreement shall be in writing and
shall be served upon the Department in the same manner as provided in Paragraph No, 5 above. The Department
shall have sole discretion to grant or deny such requests for modification.
13. The Department may require the City to publish in a newspaper of general circulation in Pinellas
County, Florida, notice of any proposed modification of the mitigation requirements set forth in the permit or this
Agreement. The text of such notice shall be supplied by the Department and shall be consistent with the provisions
of Rule 17-103.150, Florida Administrative Code.
IV, REQUIRED AGREEMENT
14. This Agreement constitutes the agreement required by Specific Condition No. 31 of the permit.
V. RECORDATION AND RELEASE
15. Within thirty (30) days from the date of execution of this Agreement, the City shall cause this
Agreement to be recorded in the public records of each county wherein the affected lands are situated, and shall
provide the Department with a copy of the recorded agreement certified by the Clerk of the Court.
16, Upon the satisfaction ofthe entire mitigation obligation under the terms of the permit and this
Agreement, the Department shall execute a release in recordable form. If the Department determines that mitigation
has been successful over part of the mitigation area, the Department may, at its discretion, execute a release for
those portions which have attained success.
17. This agreement runs with the land and is binding upon the City, its successors and assigns.
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t PINELLAS COUNTY FLA
FF.REC.BK 9 .
934 PG 18,04
IN WITNESS WHEREOF, the Deparbnent and the City set their hand and seal as follows:
Michael J. Roberto
City Manager
Dated: / I-IS - 9 7
Dated:
Approved as to fonn:
Attest:
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Assistant City Attorney
~~~~~
City Clerk
Dated: 1!-IJ-97,
Dated: /O-7-Q 7
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
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Richard D. Garrity, Ph. D.
Director of District Management
Southwest District
Dated:
'1~~II- 17-
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