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MODIFICATION TO AGREEMENT FOR COVENANT RUNNING WITH LAND STATE OF FLORIDA DEP ARTMENT OF ENVIRONMENTAL REGULATION In Re: Stevenson Creek (PN): City of Clearwater 02-1992S55C.. ,oMAY.~.18~lo020l p~ ::J~~ P I NELLA .. . .. ...... 1III1 IIUI~I~II~rn~IIlIllIII~I~llI~IIJ~____--- Permit No,: 521619369 MODIFICATION TO AGREEMENT FOR COVENANT RUNNING WITH LAND ~~~';S ~ WHEREAS, the City of Clearwater and the State of Florida Department of CHG AMT ~ Environmental Regulation entered into an Agreement for Covenant Running with Land CK AMT --:::~.... for the maintenance of the sediment trap within Stevenson Creek immediately south of .~ ~ 5(1 the Palmetto Street bridge, dated March 2, 1992; and DS DR219 .___ os 1m FEES MrF PIC REV TOTAL -jb----- WHEREAS, the parties have mutually determined to modify said agreement, as ~~-=- more particularly hereinafter described; .3 /.~ NOW, THEREFORE, in consideration of the mutual convenants herein G> exchanged, the sufficiency of which is acknowledged, the parties do hereby agree to modify said agreement as follows: II. MAINTENANCE REQUIREMENT AND ENFORCEABILITY D. The maintenance required in Specific Condition No.(s) 9 and 10 provide: 9. Maintenance dredging and debris removal from the sediment trap shall be conducted as described below: a. The sediment trap shall be dredged on an annual basis. Records of dredging, including the equipment used, dates of dredging, weather conditions during dredging and volume of material excavated, shall be submitted to the Department within 30 days of the completion of each maintenance dredge. ~TURN TO: CITY CLERK POST OFFICE BOX 4748 ClEARWATEFl, FL.33758.4748 ~t'_(C'3~ C:1 PINELLAS COUNTY FLA. OFF.REC.BK 12022 PG 2536 , . IN WITNESS WHEREOF, the Department and the City of Clearwater set their hand and seal as follows: SIGNATURES STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION & ~tdLA Bob Stetler Program Administrator Environmental Resource Management Southwest District CITY SIGNATURES Countersigned: S-/7 I () 2. CITY OF CLEARWATER, FLORIDA BY:~'~'-.:a.14.-. '11: illiam B. Horne, II City Manager Dated: 5(7/0;L I I Dated: Approved as to form: Attest: Leslie K. Douga 1- s Assistant City Attorney Dated: N.~ &,.. 2. G1'::L Dated: .....4)/r I 0 ..'2- , I .' I, STATE OF FLORIDA COUNTY OF HILLSBOROUGH PINELLAS COUNTY FLA. OFF.REC.BK 12022 PG 2537 ; The foregoing instrument was acknowledged before me this dt>~day of ~ , 2002, by ~ ~~ ~~ '" ~ ~ , as Program Administrator Environmedtal Resource Management, Southwest District on behalf of State of Florida Department of Environmental Protection, He is personaIq know.Q. to me or has produced. ......---- as identification. G~ ~D>--JQ\0 Sl- Notary Public ~ \\ ' ~\. \.. ~'" ~ ~\,.)e.... " rmt~1Te ofN~ Revell [:{ . ':~ MY COMMISSIO~ 1/ CC825253 EXPIRES ;4'., . '~"l April 11, 2003 ...~,jff.,i~'t-.. !ONDED THI!U TROY FAIN INSURANCE, INC Notary Stamp STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME personally appeared Brian 1. Aungst, William B. Horne, II, Leslie K. Dougall-Sides, and Cynthia E. Goudeau, to me well known, and known by me to be the individiuals described in and who executed the foregoing instrument as Mayor- Commissioner, City Manager, Assistant 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 7 day of ;r~1 0 " ,2002. l!!lN )(), ~l ihou otary PublIc ~JJe~iSe) Ii, tzll::n,J Print~,_me of NcattlQ'A. Wilson t!/"4'll'ifli MYCOMMlSSlON' CC914107 EXPIRES ~:.~1 '1 June 18, 2004 "1.,-,... ~~'1) IlONOED THRU TllOV fAIMIII8llRANCf. IN<:. "Hr..,tall Notary Stamp ~ ~ ,).. , ~ \.y ~ h i ~ .~ ~ . ~ ~ ~ ~ {:1 j"$., I i\~ ~::; T :J!: ':.~,:' ::.:.:: .... <> ',>~ (I (> :.":::: :::') I;:' J j\! E' L. L. /:'j E~ (:; r- F' \ F'.~ E: C,: "" ;"', , i. i i.;. EXHIBIT "Ail t..-, :'~i j...; .I. .....~" 1 '..:.! ,:~., ::.~ H :. 1 ..S i". r:\ .. '..t ,..;. ',..' 'f {", ('~ ,.... STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION In Re: Stevenson Creek (PN): City of ClealWater Permit No.: 521619369 PINELLRS COUNTY FLR, OFF.REC.8K 12022 PG 2538 AGREEMENT FOR COVENANT RUNNING WITH LAND In consideration of the City of ClealWater's promises contained herein, and the State of Florida Department of Environmental Regulation's ("Department") acceptance of the City of ClealWater's promise to enter into this agreement as part of the reasonable assurances provided by the City of ClealWater in its application for the above designated permit, the City of ClealWater and Department agree as follows: 1. 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 described 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 aC~Qwledges 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. ,.~-11 F\ECORD!NG 'AGCTI Ct..YY1J:L. : CCC' j,,; 7:EC . arrm~ F~ES i\/iTr-: rOTG PIC; r; TOTI>.,: D. The maintenance required in Specific Condition No,(s) 9 and 10 provide: 9. Maintenance dredging and debris removal from the sediment trap shall be conducted as described below. _~_~_ _ _ _ a. The sediment trap shall be dredged at least once every six ~___u__m un months, Records of dredging, including the equipment used, d~~8~r.Rt _ =:= ce f:1J; [5) '.H .....".. '!liT. ""S. M"l, (},(j.LW(i> ~fj ~":;:.~,;~" V!'ii,')fl~;/';:i'" ~ Fi:j) 2 <1 1991 i.- .1: (lELL/:iE; C.i F F' f' F; E: C.~ .:. .fi h: C: (J LJ }\_; T \( r- L i.;";; :~::.~/.r '.:...' I 'I . ,. .:::; .t. r:..i ,__:-:::;-- 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. o "T] "T]'1J ~ AlZ (T1(T1 0, . , ID:D AUl ...-0 NO DC NZ N-I -< '1J G)"T] , N:D UJ. W (f) 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. "-'1'.i'!~ r:r.J" \ilrr, RETURN TO~ CITY CLERK POST OFFICE BOX 4748 CLEt\HWATER, FL 34f)18~4748 . L' '" (.~~ ," '4.'J il. \""'- ~~~;.,~ 6':' ~ ;::: I j\! E L. 1... (:; ~::; C) i::' F ~, F~ [C: ~- I~ t'.;.: ~::: c {) t""~ T -OJ' ; '.:'.';J f~, :.:'.: 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 Pin ell as 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. lO!t!'!;E~'~~.t} , -n.- ij-' ,,\~,., ~1. ~c~~. ' ftB .~ 4 ,~ '~..' ,;. " :.......- o ..... .....-u AlZ PlPl nr , . r m:n A (1) .....n NO DC NZ N-I -< -u i G)..... r N:n Ul, l>- o T \,_0 F'L /<1 ,. {'-e :;o,~j.& (.Jf.':'r' ':' h: . IN; WITNESS WHEREOF, the Department and the City of ClearWater set their hand and seal as follows: SIGNATURES DEPARTMENT OF ENVIRONMENTAL REGULATION ~ Carol M. Browner Secretary Dated ~;:<. . 1992 CITY SIGNATURES Rita Garvey Mayor-Commissioner Dated ~/ I 2- I . 1992 Approved as to form and correctness: cA1u:-~4 M.A Galbrait.If, Jr. U/" I City Attorney Dated . N. / I 2- / , 1992 PINELLRS COUNTY FLR. OFF.REC.8K 12022 PG 2541 CITY OF CLEARWATER Michael J. Wright City Manager Dated a/, '2- I . 1992 22~t'.,M~,',cO. o. ~ ,':"""" 7 . ,~ Cynthi E.Goudeau ,i~"~< ' ,{ C'ty C :'< "k' ,', ~tlff ,- .~~.~'{>':"" . :,',; ~.., f I er ,;', '~f?";~;~,ui:' "",,". F,iX:- '..',..f'Cc.'" ,/,':"'// Dated ~h;t~. ' ."J~:~1992 }/~'i>> ":,,~\?!'__i .< ;:,/ ' ,.'~;~,~ ~ I" - ~:':';:=::E:~~T:? ~ 'U2.l'.ll,:.$. ..J;.,.l... FEB 2 4 1992 .~ , . ...., . , i ~. r"~.! i::. L L. jG; 3 i:::: Ci L! i\l 'r i i...; i '.-' (:}F ;." ~ :"; ;::~ ::~:~ ,. :~:1 j'- II 'j t~, ,", _-' ,..... 'h_ ACKNOWLEDGEMENTS PINELLRS COUNTY FLR. OFF,REC.BK 12022 PG 2542 STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this .QQ...cl day of ~ 1992, by Carol M, Browner, Secretary of the State, Department of Environmental Regulation, on behalf of the Department. ~~ ~Ctj'(~j<Y Notary I'ublit, State of FloridCl i ,", fA CommissillnExpires NoY. 20, 1991 <iX,,!',.,"'/:' " '" Y Q ded Thru Troy Fain ,lnsurQo<e Inc. , :i "", ,.,'"",:,'",,':' I l,__ . ':. .,on .,~~fEjpF:FLO~IDA "l$~~V~)Jj0FPINELLAS ~-;;& ;;~ijX! ,', ','.' ;' ":'::,.1, J~<'" . ~y-: , ,~r./.' .,r ,~EFORE ME personally appeared Rita Garvey, Michael J. Wright, M.A, Galbraith, Jr., .. andj~: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 1.2 'It. day of ~ 1992. <:P :.~j~ ..?;, jt' I' NotaPubH~,;lbLL'f IV. AUSAAJ/O MY~II~mjssionp*pires: i{/' ""'j,'/:i-,"", "', "i/"':';'" ~ ;V , j I ,',Nptary.'(1ublic, St;;:b ,; "c;,da , , ,,' ., '! 20 1993 . . M.y' Commission hrnGS i\p. , )/:f!Y ~.~.'ricted Thrti.~,;T~t ;'F~in .d~5uran'e Inc. ).!r<" .Lyfi " j.;~;:':"" 'J ",p ""':':":,~,!,:\!'..::,:,;:.';.:' 'j- fl' <Ii: n~!:,/ " , .~:~:;~~,~1i\" \~..t;;{ . \~'"" l ,(f~~~:;;' . I' " ,"f' I) '", t-t.t: f"