BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
(!{!; ~
~~RN TO:
CITY CLERK
POST OFFICE BOX 4748
'lEAHWATEH, FL 34618-4748
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I INST # 94-209707
JLY 22, 1994 3:44PM
-
tPINELLAS COUNTY FLA.
OFF.REC.BK 8733 PG 1145
This Instrument Prepared By:
Alice E. Heathcock
Bureau of Submerged Lands and Preserves
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS EASEMENT
NO. 29221
BOT FILE NO. 522119939
THIS EASEMENT is hereby granted by the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida, hereinafter referred to as the
Grantor.
WITNESSETH: That for the faithful and timely performance of and compliance
with the terms and conditions stated herein, the Grantor does hereby grant to
the City of Clearwater City Commission , hereinafter referred to as the
Grantee, a nonexclusive easement on, under and across the sovereign lands
~';[:L~~,!(~ribed as follows:
I co 0 70
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.CLf!.t9
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A parcel of submerged land in Section 17, Township 29 South, Range
15 East, in Clearwater Pass, Pinellas County, as is more. particularly
described and shown on Attachment A, dated October 26. 1993.
TO HAVE THE USE OF the hereinabove described premises for a period of 50
yeaxs from April 12. 1994, the effective date of this easement. The terms and
conditions of and for which this easement is granted are as follows:
1. The above described parcel of land shall be used solely for realigning
he intracoastal waterwa channel and Grantee shall not engage in any activity
except as described in t e Florida Department of Environmental Protection,
Division of Water Management, Permit No. 522119939 dated July 6. 1993, and in
the Division of Beaches and Shores Notice to Proceed DBS910296 dated April 4.
1994.
2. The rights hereby granted shall be subject to any and all prior rights
of the United States and any and all prior grants by the Grantor in and to the
submerged lands situated within the limits of this easement.
3. Grantee shall not damage the easement lands or unduly interfere with
public or private rights therein.
4. This easement is nonexclusive, and the Grantor, or its duly authorized
agent, shall retain the right to enter the property or to engage in management
activities not inconsistent with the use herein provided for and shall retain
the right to grant compatible uses of the property to third parties during the
term of this easement.
5. Grantor, or its duly authorized agent, shall have the right at any
time to inspect the works and operations of the Grantee in any matter pertaining
to this easement.
6. The Grantee shall investigate all claims of every nature at its
expense. Each party is responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that party and the officers,
employees and agents thereof. Nothing herein shall be construed as an indemnity
'or a waiver of sovereign immunity enjoyed by any party hereto, as provided in
Section 768.28, Florida Statutes, as amended from time to time, or any other law
providing limitations on claims.
[40]
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J
~INELLAS COUNTY FLA.
OF~.REC.BK 8733 PG 1146
7. Grantee waives venue as to any litigation ar~s~ng from matters
relating to this easement and any such litigation between Grantor and Grantee
shall be initiated and maintained only in Leon County, Florida.
8. This easement shall not be assigned or otherwise transferred without
prior written consent of the Grantor or its duly authorized agent. Any
assignment or other transfer without prior written consent of the Grantor shall
be null and void and without legal effect.
9. The Grantee, by acceptance of this easement, binds itself,its
successors and assigns, to abide by the provisions and conditions herein set
forth, and said provisions and conditions shall be deemed covenants of the
Grantee, .its successors and assigns. In the event the Grantee fails or refuses
to comply with the provisions and conditions herein set forth or in the event
the Grantee violates any of the provisions and conditions herein, this easement
may be terminated by the Grantor upon 30 days written notice to Grantee. If
terminated, all of the above-described parcel of land shall revert to the
Grantor. All costs, including attorneys' fees, incurred by the Grantor to
enforce the provisions of this easement shall be paid by the Grantee. All
notices required to be given to Grantee by this easement or applicable law or
administrative rules shall be sufficient if sent by U.S. Mail to the following
address:
City of Clearwater
Post Office Box 4748
Clearwater, Florida 3418-4748
The Grantee agrees to notify the Grantor by certified mail of any
changes to this address at least ten (10) days before the change is effective.
10. The Grantee shall assume all responsibility for liabilities that
accrue to the subject property or to the improvements thereon, including any and
all drainage or special assessments or taxes of every kind and description which
are now or may be hereafter lawfully assessed and levied against the subject
property during the effective period of this easement which result from the
grant of this easement or the activities of Grantee hereunder.
11. Renewal of this easement is at the sole option of the Grantor. Such
renewal shall be subject to the terms, conditions and provisions of current
management standards and applicable laws, rules and regulations in effect at
that time. In the event that Grantee is in full compliance with the terms of
this easement, the Grantee shall be allowed a 30-day grace period after
expiration of this easement to apply in writing for a renewal. If the Grantee
fails to apply for a renewal within the grace period, or in the event the
Grantor does not grant a renewal, the Grantee shall vacate the premises and
remove all structures and equipment occupying and erected thereon at its
expense.
12. If the Grantee does not remove said structures and equipment occupying
and erected upon the premises after expiration or cancellation of this easement,
such structures and equipment will be deemed forfeited to the Grantor, and the
Grantor may authorize removal and may sell such forfeited structures and
equipment after ten (10) days written notice by certified mail addressed to the
Grantee at the address specified in Item 10 or at such address on record as
provided to the Grantor by the Grantee. However, such remedy shall be in
addition to all other remedies available to Grantor under applicable laws, rules
and regulations including the right to compel removal of all structures and the
right to impose administrative fines.
13. No failure, or successive failures, on the part of the Grantor to
enforce any provision, nor any waiver or successive waivers on its part of any
provision herein, shall operate as a discharge thereof or render the same
inoperative or impair the right of the Grantor to enforce the same upon any
renewal thereof or in the event of subsequent breach or breaches.
14. The Grantee, at its own expense, shall record this easement and any
subsequent approved renewal and/or modified easements in the official records of
the county within which the easement site is located within fourteen (14) days
after receipt of a fully executed copy of this easement, and shall provide the
Grantor with a copy of the recorded easement indicating the book and page at
which the easement is recorded.
Page -1- of ~ Pages
Easement No. 29221
I
l?INELLAS COUNTY FLA.
OFF). REC. BK 8733 PG__1~_4 7
15. This easement is the entire and only agreement between the parties.
Its provisions are not severable. Any amendment or modification to this
easement must be in writing and must be accepted, acknowledged and executed by
the Grantee and Grantor.
16. Prior to commencement of construction and/or activities authorized
herein, the Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit
if it is required by the COE. Any modifications to the construction and/or
activities authorized herein that may be required by the COE shall require
consideration by and the prior written approval of the Grantor prior to the
commencement of construction and/or any activities on sovereign, submerged
lands.
17. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures,
shall be erected or conducted on or over sovereignty, submerged lands without
prior written consent from the Grantor, with the exception of emergency repairs.
Unless specifically authorized in writing by the Grantor, such activities or
structures shall be considered unauthorized and a violation of Chapter 253,
Florida Statutes, and shall subject the Grantee to administrative fines under
Chapter 18-14, Florida Administrative Code. If emergency repairs should have to
be undertaken in the interests of public health, safety or welfare, the Grantee
shall notify the Grantor of such repairs as quickly as is practicable; provided,
however, that such emergency activities shall not exceed the activities
authorized by this agreement.
18. Special Easement Condition:
Grantee shall comply with the following Manatee Watch Program for Blasting
Activities:
(1) Seven days prior to the first blast event, the contractors shall provide
U.S. Fish and Wildlife Service (USFWS) and Department of Environmental
Protection (DEP) Office of Protected Species Management the names of the chief
and primary observers for the Manatee Watch Program (MWP) and their
qualifications, time tables for blasting, tide tables for the blasting event,
time tables for the MWP (start times for aerial survey and other survey
positions), observer positions, a copy of the MWP log sheet, and the map that
will be used to record manatee sightings.
(2) A meeting shall be held at least two days prior to the first blast event
between the DEP, the MWP chief and primary observers, construction contractors,
demolition subcontractors, and any other interested parties, such as the USFWS
or the U.S. Coast Guard. The construction contractors, demolition
subcontractors, and primary observers shall present the protocol and logistics
of the demolition project.
(3) The manatee watch shall consist of a minimum of six observers, including
one chief observer and five additional observers. In addition to the observers,
there shall be one MWP coordinator on site to supervise the watch. Three of the
seven observers shall have previous experience in observing/spotting manatees.
One of these observers shall have previous aerial survey experience and shall be
the observer conducting the surveys from the helicopter. The three additional
observers shall be trained and informed in the methods of surveying and locating
manatees.
(4) Observers shall follow the protocol established for the MWP and shall
conduct the watch in good faith and to the best of their ability.
(5) Each observer shall be equipped with a two-way radio that shall be
dedicated exclusively to the manatee watch. Observers will also be equipped
with polarized sunglasses, binoculars, a red flag for backup visual
communication system, and a manatee sighting log with a map to record manatee
sightings.
(6) All blasting events will be weather dependent. No blasting is permissible
during the presence of heavy rain, fog, or winds in excess of 10 knots.
Page -1- of ~ Pages
Easement No. 29221
I
PI~~LLAS COUNTY FLA.
OFF.REf.BK 8733 PG 1148
(7) The continuous aerial survey shall be conducted by helicopter, beginning
one hour prior to the start of blasting in the vicinity of the blast site and
ending one-half hour after the completion of blasting. The survey route shall
be approved by DEP. After detonation, the aerial survey crew shall make a
complete survey of the blast area. The aerial survey crew shall either remain
on ground standby or shall continue surveillance of the survey area until the
end of the watch period in case the need for aerial tracking of an injured
manatee arises.
(8) The additional primary observers shall be located at the agreed upon
positions around the blast site. These positions shall be situated to provide
maximum visibility of the danger zone and shall be approved by DEP. The primary
observers shall begin surveying the area one hour prior to the blast event and
continue observing for one half hour after the blast event.
(9) No blasting shall occur whenever a manatee is present within 300 feet of
the perimeter of the safety zone approved by DEP. Manatees shall not be herded
away or harassed into leaving. Specifically, the animals must not be
intentionally approached by project watercraft. If the manatee(s) is not
sighted a second time, the event shall not resume until 30 minutes after the
initial sighting.
(10) Any problems encountered during blasting events shall be evaluated by the
observers and contractors and logistical solutions shall be presented to DEP.
Corrections to the MWP shall be made prior to the next blasting event.
(11) If an injured or dead manatee is sighted after the blast event, the
manatee watch observers shall contact DEP through the Manatee Watch Hotline, 1-
800-DIAL-FMP (1-800-342-5367), and contact the USFWS Jacksonville Office at
904/232-2580. The observers shall attempt to maintain contact with the injured
or dead manatee.
(12) If any injured or dead manatee is rescued/recovered within the project
area during the blasting period or if the death/injuries of any manatee in the
surrounding vicinity occurs, blasting shall be postponed until cause of injury
or mortality can be determined by DEP. If the injury or death is caused by the
blasting, no further blasting shall occur without the written approval of DEP.
(13) No later than two weeks (14 days) after completion of all blasting events,
the chief observer shall submit a report to DEP providing the names of the
observers and their positions during the event, number of and location of
manatees seen and what actions were taken when manatees were seen.
(15) The chief observer shall be granted the authority by Lessor to terminate
the blasting event, if anyone of the aforementioned conditions is not met prior
to or during the blasting.
Page ~ of Pages
Easement No. 29221
J
PINELLAS COUNTY FLA.
_~~~r~C._~~~_~?33 PG 1149
WITNESSES:
GAl dJ....n '-fY\-.~~
Original Signature
A lJ f:)(Lfr fY\ I fYlOOre....
Typed/Printed Name of Witness
BOARD OF TRUSTEES OF THE INTERNAL
IMPRO ENT TRUST FUND QF 1M~~STATE OF
FLO DA
(SEAL)
~Director,
the
Intern~l
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
LEGALITY:
day of
who is
11~nforegoing ins~/nt was acknowledged before me this
'V'T~ , 19~, by Perc W. Malliso Jr. Division
nally known to me.
LEIGH O'$HIELDS
Printed, Typed or Stamped N~e
. Not~ry Pu"li:,;~;eofFlotAAr ...
My Commission EXPMffOininission E'x~ir~~ AprWl'8,:1~9S
Commission/Serial N:~.~-m Tc'clod (, / fa
~
O~tgi~al Signature
~ -'.- -.- .'/
'::Rf~a Garv~ _
~y~~;VPl.-{;;:ed Name-cif Witness
0,'~ :~. C, ~~ ffi",
~gnature
Cynthia E. Goudeau
Typed/Printed Name of Witness
City Commission
City of Clearwater
Grantee
BYorigi~~t~f Executing Authority
(SEAL)
Elizabeth M. Deptula
Typed/Printed Name of Executing Authority
City Manager
Title of Executing Authority
"GRANTEE"
STATE OF 8 ~~Pj
COUNTY OF . A-/ ~ .' Q" iJ.)
CW, ]h~ foregoing ins~~ent was acknowledged before me this ~ day of
merr.1.~ , 19:t.r.., by Elizabeth M. Deptula, who is personally known to
:y ~C ission ;E,xXb ir.OIl/ iJ!~uf!)C;LIJ~ 2
-'1. Q J ~ /17 0 ~ 11 I) 'j
/III IV)J//1P ))eJ.J'I,-\e~ ft. 4 / S()/.)
Commission/Serial No.l:-LdJI'IUQ Printed, Typed or Stamped Name
Page -2- of ~ Pages
Easement No. 29221
".,:..~~:'r~1i" DENISE A. WILSON
f~..t;.":f;--. MY COMMISSION # CC 201408 EXPIRES
~~',~~<l"J June 18, 1996
"1.r 0',; 'f~~~" BONDED THRU TROY FAIN INSURANCE, INC_
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PlNELLAS COUNTY FLA.
_ ~~~~~:C. BK 8733 PG 1152
State Project 15140-2518.
Right of Way Detail Sheet No.2, 6 and 7
Current Owners Name : State of Florida
Gulf Boulevard, pinellas County, Florida
PARCEL 800.1R
RIGHT OF WAY EASEMENT
Three portions of submerged lands in Clearwater Pass (Little Pass)
in Section 17, Township 29 South, Range 15 East, Pinellas County,
Florida, and being a part of the following described land:
Said parcels being described as follows:
PART A:
Commence at Southwest corner of Section 17, Township 29 South,
Range 15 East, pinellas County, Florida; thence North 89010'31"
East, (Bearings bas~d on O.R. 1342, Page 278, Public Records of
Pinellas County, Florida), along the Southerly boundary of said
Section 17, a distance of 843.47 feet, to a point on the baseline
of survey of Gulf Boulevard; (the next three courses are along the
baseline of said Gulf Boulevard), thence North 42.013' 31 "East, a
distance of 1983 .25 feet ,to the beg inning of a curve, concave
Northwesterly, having a radius of 1909.86 feet and a central angle
of 29016'55", thence. Northeasterly along the arc of said curve to
the left, a distance of 976. 06 feet, a chord which bears North
27035' 03 "East, a distance of 965.48 feet to the curve's end;
thence North 12056'36" East, a distance of 596.42 feet;o thence
South 62003'24" East, a distance of 258.82 feet, to the POINT OF
.BEGINNING; thence North 12056'36" East, a distance of 310.58 feet;
thence South 62003'24" East, a distance of 112.92 feet; thence
North 87014'07" East, a distance of 266.14 feet; thence North
30026'44" East, a distance of 285.83 feet; thence North 00033'24"
East, a distance of 140.15 feet, to a point on a T.I.I.F.
Reservation (T.I.I.F. Deed No. 22588), as recorded in O.R. 1028,
Page 92, Public Records of Pinellas County, Florida; (the next two
courses are along said T.I.I.F. .Reservation), thence South
74057'49" East, a distance of 385.01 feet; thence South 61029'22"
East, a distance of 623.05 feet; thence South 88057'08" West, a
distance of 506.64 feet; thence South 59026'36" West, a distance of
796.23 feet; thence North 62003'24" West, a distance of 346.07
feet, to the POINT OF BEGINNING;
Containing 10.913 acres, more or less.
PART B:
Commence at Southwest corner of Section 17, Township 29 South,
Range 15 East, Pinellas County, Florida; thence North 89010'31"
East, along the Southerly boundary of said Section 17, a distance
of 843.47 feet, to a point on the baseline of survey of Gulf
Boulevard; (the next three courses are along the baseline of said
1
Attachment A
Page -8.. of ~ Pages
Easement No. 29221
'to ,
.-l
PINELLAS COUNTY FLA.
1FF.REC.BK 8733 PG 115~_
'----...---.....---.-------- -,., ---'-.------.--.-.....--....---.---.----
State Project 15140-2518
Right of Way Detail Sheet No.2, 6 and 7
Current Owners Name : State of Florida
Gulf Boulevard, pinellas County, Florida
PARCEL800.1R
RIGHT OF WAY EASEMENT
Gulf Boulevard), thence North 42013'31" East, a distance of 1983.25
feet, to the beginning of a curve, concave Northwesterly, having a
radius of 1909.86 feet and a central angle of 29016'55", thence
Northeasterly along the arc of said curve to the left, a distance
of 976.06 feet, a chord which bears North 27035'03" East, a
distance of 965.48 feet to the curve's end; thence North 12056'36"
East, a distance of 596.42 feet to a point on the Clearwater Pass
Channel realignment ; (the next three courses are along said Channel
realignment), thence South 62003'24" East, a distance of 604.89
feet; thence North 59026'36" East, a distance of 796.23 feet;
thence North 88~57'08"East, a distance of 506.64 feet to a point
ona T.I.I.F. Reservation (T.I.I.F. Deed No. 22588), as recorded in
O.R. 1028 ,Page 92 , Public Records of Pinellas County, Florida;
-thence North 28030'38" Eest, a distance of 300.00 feet to a point
onsaidT.I.I.F. Reservation; thence North 61029'22" West, along
saidT.I.I.F.. Reservation, a distance of 846.20 feet, to the POINT
OFc.:BEGINNINGi (the next three courses are along saidT.I. I.F.
Reservation), thence North 61029'22" West, a distance of 26.25
feetithence North 14009'45" West, a distance of 128.57 feet;
thence North 46038' 19" East ,a distance OXe ~ 71.58 feet ; thence
South 15023'52" West, a distance of 264.49 -feet, to the POINT OF
BEGINNING;
Containing 13008 square feet, more or less.
PART C:
Commence at Southwest corner of Section 17, Township 29 South,
Range 15 East, Pinellas County, Florida; thence North 89010'31"
East, along the Southerly boundary of said Section 17, a distance
of 843 .47 feet, toa point on the baseline of. survey of Gulf
Boulevard; (the next three courses are along the baseline of said
Gulf Boulevard ), thence North 42 ~ 13 ' 31" East ,a distance of 19 8 3.25
feet, to thebeginnirig of a curve, concave Northwesterly, having a
radius of 1909.86 feet and a central angle of 29016'55", thence
Northeasterly along the arc of said curve to the left, a distance
of 976.06 feet, a chord which bears North 27035'03" East, a
distance of 965.48 feet to the curve's end; thence North 12056'36"
East, a distance of ~96.42 feet; thence North 62003'13" West, a
distance of 79.11 feet; thence South 27056'36" West, a distance of
50.00 feet; thence North 62003'24" West, a distance of 166.31 feet
to a point on the Westerly right of way line of Clearwater Pass and
the POINT OF BEGINNING; thence North 62003'24" West, a distance of
2637.18 feet; thence North 60003'24" West, a distance of 2185.91
2
Attachment A
Page....2.. of..lJL Pages
Easement No. 29221
, I .. "'. 'i
-, f'-
I
_PINELLAS COUNTY FLA.
.. . O~'-.~==-~~_~_~!3:3__ _~~ ___1~_~4
-. ... -: ~_. --
. - .--
State Project 15140-25~8
-:-Right of Way Detail Sheet No.2, 6 and 7
Current Owners li,..me : State of Florida
Gulf Boulevard, pinellas County, Florida
PARCEL800.1R
RIGHT OF WAY EASEMENT
feet; thence North 75032'01" West, a distance of 696.16 feet, to a
point on a T.I.I.F. Reservation (T.I.I.F. Deed No. 22588), as
recorded in O.R. 1028, Page 92, Public Records of Pinellas County,
Florida; thence North 88059'23" East, along said T.I.I.F.
Reservation, a distance of 1138.87 feet; thence South 60003'24"
East, a distance of 1575.57 feet; thence South 61003'24" East, a
distance of 595.11 feet; thence South 62003'24" East, a distance nf
2225~42 feet to a point on the Westerly right of way line of said
Clearwater Pass; thence South 12056'36" West, along said right of
way line, a distance of 414.11 feet, to the POINT OF BEGINNING;
Containing 44. 793 acres, .more or l'es s .
I herebycerti.;fy." that this legal description is in compliance with
the Minimum Technical Standards as set forth by the Florida Board
of Professional Land Surveyors, pursuant to Section 4 72..027,
Florida Statutes.
.....,~'.......J~~
. ,Jie~FY,,~;Echez~
/;:~~l.'~r~da':R~g~.stered Land Surveyor
{~f-lU'Singei 'C.ampo and Associates
~ ::.2203 North::;Lois Avenue
~ :-:, Suite :41.0f/7; ~-.
~ ,x .., ,_ :......
~:. :Tampa, r~orida 33607
. ":.Apr,U:~2~r;~.1993
'-. '.'.;" :. . .'\'
:' ,,:)J~ - ~ ..,;. ~~
.';--
No. 3940
3
Attachment A
Page -1!l of -1!l Pages
Easement No. 29221
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DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF STATE LANDS
GENERAL CONSENT CONDITIONS
Project No.
1. No activities other than those set forth in the attached letter
dated are authorized, Any additional activities on state-
owned sovereignty submerged lands must receive further consent from the Governor and
Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund
(hereinafter the "Board") or their properly designated agent.
2, Grantee agrees that all title and interest to all lands lying below the
historical mean high water line or ordinary high water line are vested in the Board,
and shall make no claim of title or interest in said lands by reason of the
occupancy or use thereof.
3. Grantee agrees to use or occupy the subject premises for those purposes
specified herein, and Grantee shall not permit the premises or any part thereof to
be used or occupied for any other purpose or knowingly permit or suffer any
nuisances or illegal operations of any kind on the premises.
4. Grantee agrees to maintain the premises in good condition in the interest
of the public health, safety and welfare, The premises are subject to inspection by
the Board or its designated agent at any reasonable time.
5. Grantee agrees to indemnify, defend and hold harmless the Board and the
State of Florida from all claims, actions, lawsuits and demands arising out of this
consent,
6. No failure, or successive failures, on the part of the Board to enforce
any provision, waiver or successive waivers on the part of the Board of any
provision herein, shall operate as a discharge thereof or render the same
inoperative or impair the right of the Board of enforce the same in the event of
subsequent breach.
7. Grantee binds itself and its successors and assigns, to abide by the
provisions and conditions set forth herein, In the event Grantee fails or refuses
to comply with the provisions and conditions of this consent, the consent of use may
be terminated by the Board after written notice to the Grantee. Upon receipt of
such notice, the Grantee shall have thirty (30) days in which to correct the
violation. Failure to correct the violations within this period shall result in the
automatic revocation of this Letter of Consent.
8. All costs, including attorneys' fees, incurred by the Board in enforcing
the terms and conditions of this consent shall be paid by the Grantee. Grantee
agrees to accept service by certified mail of any notice required by Chapter 18-14,
Florida Administrative Code, at the address shown on page one of this Agreement and
further agrees to notify the Board in writing of any change of address at least ten
days before the change becomes effective.
9, Grantee agrees to assume responsibility for all liabilities that accrue to
the sovereignty submerged land Or to the improvements thereon, including any and all
drainage or special assessments or taxes of every kind and description which are now
or may be hereafter lawfully assessed and levied against the property during the
effective period of this consent.
10. Grantee agrees that any dispute arising from matters relating to this
consent shall be governed by the laws of Florida and initiated only in Leon County,
Florida.
11. The Letter of Consent associated with these General Consent Conditions
as well as these conditions themselves are subject to modification after 5 years in
order to reflect any applicable changes in statutes, rule or policies of the Board
or its designated agent.
12. In the event that any part of the structure(s) consented to herein is
determined by a final adjudication issued by a court of competent jurisdiction to
encroach on or interfere with adjacent riparian rights, Grantee agrees to either
obtain written consent for the offending structure from the affected riparian owner
or to remove the interference or encroachment within 60 days from the date of the
adjudication. Failure to comply shall constitute a material breach of this consent
and shall be grounds for its immediate termination.