95-11RESOLUTION NO. 95 -11
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING A SOVEREIGN SUBMERGED LANDS
USE AGREEMENT WITH THE BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA FOR THE INSTALLATION OF
UTILITY LINES UNDER CLEARWATER PASS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has completed the installation of four
utility lines under Clearwater Pass in conjunction with the new
Clearwater Pass Bridge construction; and
WHEREAS, the existing Submerged Lands Use Agreement specifies
highway use only; and
WHEREAS, the State desires that a Sovereign Submerged Lands
Use Agreement be executed for the utility lines that were installed
under Clearwater Pass; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Sovereign Submerged Lands Use Agreement, a
copy of which is attached hereto as Exhibit A, is hereby approved,
and the City Manager is authorized to execute said agreement on
behalf of the City.
PASSED AND ADOPTED this 17th day of January, 1995.
ita Garvey, Mayor commissioner
Attest:
Cyn is E. Goudeau, City Clerk
9s -11
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS USE AGREEMENT
Use Agreement No. UA -52 -145
DOT FILE NO. 522492133
THIS USE AGREEMENT 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.
6
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 , hereinafter referred to as the Grantee,
a use agreement on, under and across the sovereign lands, if any, contained in
the following legal description;
A parcel of submerged land in Section 17 , Township 29 South ,
Range 15 East , in Clearwater Pave PinelJoe County.
TO HAVE THE USE OF the herelnabove described premises for the period ,
beginning on September 2, 1994 , the effective date of this use agreement, and
ending on September 2, 2024 . The terms and conditions of and for which this
use agreement is granted are as follows:
1. The above described parcel of land shall be used solely for the
Installation of two cube ueous water mains one subs ueoue force main, and
a su acqusous qas = ne w th n Easement No. 23445 , granted to the _CC t_�of_
Clearwater, dated Au uat 26 1963 Grantee shall not engage in any ac— tivity
except as described n the D.v eion of Environmental Resource Permitting,
Exemption No. 522492133 dated -May 21 1994 , attached hereto as Attachment A,
and made a part ereof.
2. The consideration for this Agreement shall be an amount as determined
by the rule establishing fees for the use provided for herein. Once the rule to
adopted, payment shall be remitted to the Grantor according to the rule. The
established fee shall be assessed from the effective date of the subject rule.
3. 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 Agreement.
N 4. This Agreement conatituLes permissive use only and the placing of
facilities and related structures upon public property pursuant to this Agreement
shall not operate to create or vast any property right in Grantee and shall not
conflict with the conservation, protection and enhancement of said lands.
S. 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 portion during the term of this Agreement.
6. Grantor, or its duly authorized agent, shall have the right at any time ,
to inspect the worlce and operations of the Grantee in any matter pertaining to
this Agreement.
7. Should need of greater public benefit and use arise as determined by
Grantor In its solo dlscretlon, the Grantor shall have the right to terminate
thls AgreemenL. At such time, the Grantor shall issue written notification to
the Grantee stating the effective date of ouch termination.
EXHIBIT A
(451 ell
S. Any inequities that may subsequently arise an a result of this
Agreement shall be subject to negotiation upon written request of either party
hereto, and the parties agree to negotiate in good faith. In case of failure by
the respective staffs to resolve the conflict(s), the matter shall be referred
to the Grantor for final resolution.
9. 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 omieeiona 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.
10. Grantee waives venue as to any litigation arising from matters relating
to this Agreement and any such litigation between Grantor and Grantee shall be
initiated and maintained only in Leon County, Florida.
11. This Agreement 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.
12. The Grantee, by acceptance of this Agreement, 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 eat forth or in the event the
Grantee violates any of the provisions and conditions herein, this Agreement may
be terminated by the Grantor upon 30 days written notice to Grantee, and Grantee
shall immediately remove all equipment and structures erected on the property
herein at Grantee's expense. All coats, including attorneys' fees, incurred by
the Grantor to enforce this provision shall be paid by the Grantee. All notices
required to be given to Grantee by this Agreement or applicable law or
administrative rules shall be sufficient if sent by U.S. Mail to the .following
addreass
City of Clearwater
Poet Office Box 4748
Clearwater, Florida 34618
The Grantee agrees to notify the Grantor by certified mail of any
changes to this address at'leaet ten (10) days before the change is effective.
13. 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 Agreement which result from the existence of
this Agreement or the activities of Grantee hereunder.
14. Renewal of thin Agreement 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 in in full compliance with the terms of this
Agreement, the Grantee shall be allowed a 30 -day grace period after expiration
of this Agreement 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.
15. If the Grantee does not remove said structures and equipment occupying
and erected upon the premises after expiration or cancellation of this Agreement,
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 addreua specified In Paragraph 12 or at ouch address on record as
provided to the Grantor by the Grantee. However, ouch remody shall be in
addition to all other remedies available to Grantor under applicable lawn, rules
and regulations including the right to compel removal of all structures and the
right to impose administrative fines.
16. No failure, or aucconuive failures, on the part of the Grantor to
anforco any proviaton, nor any waiver or succeouiva waivers on Ito part of any
proviolea herein, shall operate as a discharge thereof or candor the same
inoperative or impair the right of the Grantor to enforce the dame upon any
renewal thereof or in the avant of subsequent breach or breaches.
page 2^ of 7 Pages
Use Agreement No. UA-�52 -145
`/5 'f1
17. This Agreement in the entire and only agreement butweon the parties.
Ito provisions are not severable. Any amendment or modification to this
Agreement must be in writing and must be accepted, acknowledged and executed by
the Grantee and Grantor,
18. 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 repair".
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, .
t
Page 3� of 7 pagan
Use Agreement iro' _ NA -52 -145
WITNESSES:
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
original
Signature
(SEAL)
BY
Typed/Printed
Name of Witness
Carolyn Thompson, Senior
Management Analyst II, Bureau of
Land Management Services,
Division of State Lands, Agent
Original
Signature
for the Board of Trustees of the
Internal Improvement Trust Fund
Typed/Printed
Name of Witness
"GRANTOR"
STATE OF
FLORIDA
COUNTY OF LEON
F
The foregoing instrument was
acknowledged before me this day of
14 , by Carolyn Thompson Senior Management_ Analyst ZI, who is
personally
known to me.
APPROVED
AS TO FORM AND LEGALITYs
Notary Public, State o F orida
DEP Attorney
Pr. me , Type or Stamps Name
My Commission Expires:
Comm se on Ser a No. _.. _.
WITNESSES:
Original Signature
Typed Pr nted Name of Witness
Original Signature
City of Clearwater (SEAL)
Grantee
BY
original Signature of Executing Author ty
Typed Printed Name of Executing Authority
Mavor
Title of Executing Authority
"GRANTEE"
Typed Pr nted [tame of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 19 , by
who s personally known tome or who has produce , as entification.
My commission Expireu:
Notary Public, Stake of
Commiasion /Social Ito.
Pago —4 of 7 Pagan
Use Agrasmunt t7o.—IIA °52 °145_
Pr nta s Type or gtamped flame
,9 "--h
2
V•
rte Florida Department of
Environmental- Protection
� . eoo vart'" � - � .. Southwest Dist :•iet '
Laatun Chila 3804 Coconut Palm Drive virghtia B. Wetherell
. Corernar Tampa, Florida 33619 Secretary
813.744 6100
May 2, 1994 �L
City of Clearwater FILE NO: 522492913
c/o Thomas C. White, P.E. COUNTY: Pinellas
David Volkert & Associates Inc.
3409 West Lemon Street, Suite 1
- Tampa FL 33609 (?F= CciV[p iifff I f994
Dear Mr. white:
This'is to acknowledge receipt of your application, File No.
522492913, on January Is, 1994, for a permit to install two water
mains, a force main, and a gas line beneath waters of the State,
drilling from uplands to uplands, in Clearwater Pass, at Gulf
Blvd - Clearwater Pass, Clearwater, in Section 17, Township 29
South, Range 15 East, in Pinellas County.
At this time no permit is required by this department for your
project. Any modifications in your plans should be submitted for
review, as changes might result in permits being required. This
letter does not relieve you from the need to obtain any other
permits (local, state or federal) which might be required. The
construction project described above, and as shown on all
application material, does not require a dredge and fill permit
from DEP since none of the proposed activity is within waters of
the state as described in Chapters 403 & 373, Florida Statutes
and Rule 17- 312.030, Florida Administrative Code. .
A person whose substantial interests are affected by the
Department's proposed decision may petition for an administrative
proceeding (hearing) under Section 120.57 of the Florida Statues.
The petition must contain the information set forth below and
must be filed (received) in the office of General Counsel of the
Department at 2600 Blair Stone Road, Tallahassee, Florida
32399 -2400. Petitions filed by the permit applicant and the
parties listed below must be filed within fourteen days of
receipt of this intent. Petitions filed by other persons must be
filed within fourteen days of publication of the public notice or
within fourteen days of their receipt of this intent, whichever
first occurs. (The petitioner shall mail a copy of the petition
to the applicant at the address indicated above at the time of
t
Attachment A
Page 5 of 7 Pages
Use dgreemaut Nu. UA -52 -10 �� ,
City of Clearwater File No; 522492913
Page Two
filing.) Failure to file a petition within this time period
shall constitute a waiver of any right that such a person may
have to request an administrative determination (hearing) under
section 124.57 of the Florida. Statutes.
The Petition shall contain the following information:
(a) The name, address, and telephone number of each
petitioner, the applicant's name and address, the
Department file number, and the county in which the
proposed project would be located;
(b) A statement of how and when each petitioner received
notice of the Department's action or proposed action; e
(c) A statement of how each petitioner's substantial
interests are affected by the'DepartmenE's action or
proposed action;'
(d) A statement of the material facts disputed by the
petitioner, if any;
(e) A statement of facts that the petitioner contends
warrant reversal or modification of the Department's
action or proposed action;
(f) A statement of which rules or statutes petitioner
contends require reversal or modification of the
Department's action or proposed action; and
(g) A statement of the relief sought by petitioner, stating
precisely the action that the petitioner wants the
Department to take with respect to the Department's
action or proposed action.
If a petition is filed, the administrative hearing process is
designed to formulate agency action. Accordingly, the
department's final action may be different from the position
taken by it in this notice, Persons whose substantial interests
will be affected by any decision of the Department with regard to
the application have the right to petition to ]]ecome a party to
the proceeding. The petition must conform to the requirements
specified above and be filed (received) within fourteen days of
receipt of this notice in the office of General Counsel at the
Department's address set forth above. Failure to petition within
the allowed time frame constitutes a waiver of any right that
such a person has to request a hearing under section 120.57 of
the Florida Statutes and to participate as a party to this
Attacfunent A
Page b of 7 [cages
Use Agreement No. UA -52 -•145
Vr-11
City of Clearwater File No: 522492513
Page Three
proceeding. Any later intervention will only be at the approval
of the presiding officer on notion filed under rule 28- 5.207,
F.A.C.
If you have any questions, please contact Ken Huntington (Ext.
.330) of this office. When referring to this project, please use
the file number listed above.
ssiinccce�reely,,J�(j
sob Stetler
Environmental Administrator
Water Management
RS /msb
cc: Corps of Engineers
Attachment A
page 7 of 7 Pages
Use Agreetneot No. VA -52 -145
93 - //