AGREEMENT FOR COVENANT RUNNING WITH THE LAND
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
In Re: Stevenson Creek
(PN): City of Clearwater
Permit No.: 521619369
AGREEMENT FOR COVENANT RUNNING WITH LAND
In consideration of the City of Clearwater's promises contained herein, and the State of
Florida Department of Environmental Regulation's ("Department") acceptance of the City
of Clearwater's promise to enter into this agreement as part of the reasonable assurances
provided by the City of Clearwater in its application for the above designated permit, the
City of Clearwater and Department agree as follows:
I. BACKGROUND
A. The City of Clearwater has submitted to the Department an application for, and
the Department has issued, Permit No. 521619369 (the "permit"), authorizing certain
dredging and filling activities in Stevenson Creek. The permit expires on December 6,
1994. The terms and requirements of the permit are incorporated herein by reference.
II. MAINTENANCE REQUIREMENT AND ENFORCEABILITY
A. Specific permit conditions require debris removal and maintenance dredging
activities in the area descnbed in Paragraph IA, located on certain land situated in Township
29 South, Range 15 East, in Pinellas County, Florida.
B. As required by Specific Condition No.(s) 9 and 10 of the permit, the City of
Clearwater acIsnQwledges and agrees that its obligation to perform maintenance activities
required by the permit continues in perpetuity, notwithstanding that the permit expires
December 6, 1994.
C. This Agreement is enforceable as a contract or as an order of the Department.
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..:.'.::11 ". ECORDING D. The maintenance required in Specific Condition No.(s) 9 and 10 provide:
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PTG __.~ ....... a. The sediment trap shall be dredged at least once every six
P / C months. Records of dredging, including the equipment used, dates ~
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9.
Maintenance dredging and debris removal from the sediment trap shall be
conducted as descnbed below.
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F'T NE:L.i...f'li::; CC)I fi\!T'Y FI -"
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dredging, weather conditions during dredging and the volume of
material excavated, shall be submitted to the Department within 30
days of the completion of each maintenance dredging.
b. A sediment curtain shall be placed across the creek immediately north
of the Palmetto Street bridge while maintenance dredging of the
sediment trap is underway. Any sediments which may accumulate in
front of the trap shall be removed prior to the removal of the sediment
curtain,
c, Debris shall be removed from the floating debris trap on a monthly
basis. Within 30 days of each debris removal event, the Department
shall be notified in writing of the volume of debris removed that
month.
10. Within thirty days of permit issuance and prior to initiation of construction
of the sediment trap, the permittee shall submit a draft long-term
agreement to the Bureau of Wetland Resource Management which ensures
that maintenance dredging of, and debris removal from, the sediment trap
shall be conducted in perpetuity, The permittee shall not initiate
construction of other stages of the project until receiving written approval
of the long-term agreement from the Department.
After receiving Departmental approval of the draft long-term agreement,
the permittee shall have the agreement recorded in the official records of
Pinellas County and submit proof of recording to the Department.
Subsequent stages of construction shall not proceed until proof of
recording has been submitted.
E. Department personnel will be permitted to conduct an on-site inspection of the
sediment trap in a reasonable manner and at reasonable times.
F. If the City of Clearwater fails to perform the required maintenance in accordance
with the specified conditions of the permit within the time periods set fourth in the permit,
the Department (1) may inquire as to the status of the maintenance and require the City
of Clearwater to take 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 maintenance in
accordance with the specific conditions of the permit.
G. Notwithstanding any of the above, the maintenance requirements of the permit
may be modified by the Department if it determines that the City of Clearwater has been
unable to perform successfully the required maintenance beyond the City of Clearwater's
control. Such causes might include, but are not limited to, unusual climatological and
meteorological conditions. ~r.'cr1,\I!~ .
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RETURN TO~
CITY CLERK
POST OFFICE BOX 474B
CLEP'IRWATER, fl3461~.-474e
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H. The City of Clearwater may request this Agreement be modified for good
cause. Good cause may include, but is not limited to, changes in dredging, filling or
maintenance plans necessitated by or resulting from actions of federal, state or local
governmental agencies. Requests for modification of this Agreement shall be in writing and
shall be directed to Chief, Bureau of Wetland Resource Management, and to the Office of
General Council, both at the Department of Environmental Regulation, Twin Towers Office
Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, and shall be by certified
mail. The Department shall have sole discretion to grant or deny such requests for
modification.
I. The Department may require the City of Clearwater to publish in a newspaper
of general circulation in Pinellas County, Florida, notice of any proposed modification of the
maintenance requirements set fourth 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 17-103.50, Florida Administrative Code.
III. REQUIRED AGREEMENT
A This Agreement constitutes the agreement required by Specific Condition No. 10
of the permit.
IV. RECORDATION
A. Within thirty (30) days from the date of execution of this agreement, the City of
Clearwater shall cause this Agreement to be recorded in the public records of Pinellas
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.
B. This agreement runs with the land and is binding upon the City of Clearwater,
its successors and assigns.
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. IN WITNESS WHEREOF, the Department and the City of Clearwater set their hand
and seal as follows:
SIGNATURES
DEPARTMENT OF ENVIRONMENTAL
REGULATION
~dg~
Carol M, Browner
Secretary
Dated ~,;:<. , 1992
CITY SIGNATURES
CITY OF CLEARWATER
Rita Garvey
Mayor-Commissioner
Michael J, Wright
City Manager
Dated
Q./ J 2-
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. 1992
Dated
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. 1992
Approved as to form and correctness:
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M.A. Galbrait' , Jr,
City Attorney
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FEB 2 4 1991
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PINELLAS COUNTY FLA.
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ACKNOWLEDGEMENTS
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this ~ ~cl day of ~
1992, by Carol M, Browner, Secretary of the State, Department of Environmental
Regulation, on behalf of the Department.
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1t;~~~ORE ME personally appeared Rita Garvey, Michael J. Wright, M.A. Galbraith, Jr.,
,. and~,Cynthia E. Goudeau, to me well known,and known by me to be the individuals
described in and who executed the foregoing instrument as Mayor-Commissioner, City
Manager, City Attorney and City Clerk, respectively of the above-named city and that the
seal affIXed to the foregoing instrument is the city seal of the said city and the said
instrument is the free act and deed of said city.
WITNESS my hand and official seal this I :l,~ day of ~ 1992,
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO:
Cyndie Goudeau, City Clerk
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FROM:
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Terry Finch, Environmental Program Supervisor
Gardner Smith, Asst. Director of PW/lnfrastructure
Engineering File
SUBJECT:
Recording of Maintenance Agreement for Stevenson Creek Phase 1 with the Florida
Department of Environmental Regulation
DATE:
March 9, 1992
Attached are three copies of executed agreement with the City of Clearwater and the Florida
Department of Environmental Regulation for the maintenance of a portion of Stevenson's Creek
Phase 1. The attached cover letter from FDER requires that we record the agreement and send a
copy of the recorded agreement to their Bureau of Wetland Resource Management, Please record
the document and send us a certified copy for our transmittal to the FDER. Thank you for your
assistance.
CMH:TCJ
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Florida Department of Environmental Regulation
lWin Towers Office Bldg. . 2600 Blair Stone Road . Thllahassee, Florida 32399-2400
Lawton Chiles, Governor
Carol M. Browner, Secretary
March 2, 1992
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pi I~C!!; .~.'~_'..~L.~~~~aH _,_.:
Mr. Cecil M. Henderson, Jr.
City of Clearwater
Public Works/Engineering Dept.
Post Office Box 4748
Clearwater, Florida 34618-4748
Dear Mr. Henderson:
Permit No. 521619369, pinellas County
stevenson Creek
Enclosed you will find the 3 original long term agreements for this
project that have been approved and signed by the Department. In
order to fulfill the requirements of Specific Condition No. 10,
please complete the execution of this document, have it recorded in
the Pinellas County records, and submit a certified copy of the
recorded document to the Bureau of Wetland Resource Management.
Thank you for your cooperation in this matter. We will expect to
receive a copy of the recorded document within 30 days of your
receipt of this letter. If you have any questions, please call me
at (904)488-0130.
sincerely,
-Af~f:.
Mark o. Friede nn
Environment Specialist
Wetland Resource Regulation
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
C E R T I FIE D fill' 51991 .
Fill 51991
In the Matter of .an
Application for Permit by:
FEB 51991
City of Clearwater
c/o William C. Baker
Director 'of Public Works
10 Missouri Avenue
Clearwater, Florida 34618
DER File No. MS521619369
Pinellas County
/
Enclosed is Permit No. MS521619369, issued pursuant to Chapter
373, Florida statutes.
Any party to the Order (Permit) has the right to seek judicial
review of the permit pursuant to Section 120.68, Florida Statutes,
by the filing of a Notice of Appeal pursuant to Rule 9,110,
Florida Rules of Appellate Procedure, with the Clerk of the
Department in the Office of General Counsel, .2600 Blair Stone
~Road, Tallahassee, Florida 32399-2400; 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 of Appeal
must be filed within 30 days from the date this.Notice is filed
with the Clerk of the Department,
Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL REGULATION
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Carol M, Browner, Secretary
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Notice of Permit
Permit No. MS52l6l9369
City of Clearwater
Page 2.
Copies furnished to:
DER, Southwest District
Doug MacLaughlin, DER, OGC
Florida Game and Fresh Water Fish Commission
Charles King .
Mike Foley
.
CERTIFICATE OF SERVICE
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This is to certify that this Final Permit and all copies were
4i~ day of
mailed before the close of business on this
February, 1991.
FILING AND ACKNOWLEDGEMENT
FILED, on this date, pursuant to 120.52(9),
Florida Statutes with the designated Department Clerk,
receip of which i ereby acknowledged.
Date
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Permit No. MS521619369
City of Clearwater
Page 2
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AUTHORIZED BY: .Florida Department of Environmental Regulation
Division of Water Management
BY:
!lwLb~
Carol M. Browner
(Secretary) .
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