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REVOCABLE LICENSE AGREEMENT REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT is entered into as of this Aosy of June,2021. between the City of Clearwater, a municipal corporation of the State of Florida,whose mailing address is P.O. Box 4748,Clearwater, Florida 33758-4748("Licensor")and All Around Amusements, LLC,a Texas Corporation,whose mailing address is 4001 Willow Hills Court, Piano,TX 75024("Licensee"). WHEREAS, Licensor is the owner of certain real property located in Pinellas County, Florida hereinafter referred to("Premises");and, WHEREAS, Licensor is willing to grant Licensee a license for occupancy and utilization of the Premises,subject to the terms and conditions stipulated herein(the"License'): NOW,THEREFORE,it is mutually agreed as follows: 1. License Premises and Term: Licensor hereby grants to Licensee a revocable, non-exclusive License to occupy and use Licensoes property as more particularly described in Exhibit 'A', attached hereto and made a part hereof, (the 'License Premises', subject to the terms and conditions herein set forth, commencing on May 17, 2021 and expiring on May 16, 2022 ('License Term-), unless sooner terminated as herein provided. The License Premises shall be used for the sole purpose of installing and operating at least two(2)various inflatable amusement rides and fun activities, i.e. waterslide,jump house, fun center, etc('Concessions"). Samples of Concessions are depicted and described in attached Exhibit"B", attached hereto and made a part hereof. Licensee's Concessions shall be located within the License area in conjunction with other Licensees as determined by Licensor in its sole discretion. Licensor reserves the right to request immediate relocation of the License Premises, and as such. Concessions, at its discretion.The Concessions may be substituted upon written approval by the Director of Parks and Recreation. 2. No Interest In Land: This License is not coupled with an interest in the land. It is expressly understood that this License Agreement does not in any way whatsoever grant or convey any permanent easement, lease, fee, or other real property interest in the Property to the Licensee. This License Agreement is not exclusive, and City specifically reserves the right to grant other rights of entry to the Property if the same do not interfere with the rights granted to Licensee herein. 3. Options to Renew: The Licensor,In its sole discretion,may extend this License for up to four(4) -one(1)year periods,on the same terms and conditions as are set forth herein without obtaining additional approval by the Clearwater City Council. 4. License fee: That for and in consideration of the foregoing rights and privileges. Licensee shall pay a flat fee to Licensor, as provided for in the payment schedule below, which amounts to a guaranteed minimum payment to Licensor of no less than $102,500 per year, plus applicable sales tax on guaranteed minimum payment,during the Tenn('License Fee'),subject to,and pro- 1 rated, in the event of operation interruption due to a Force Majeure. For these purposes, defined as any delays or failure to perform any obligation under this Agreement due to acts of God, strikes, or other disturbances, including, without limitation, terrorist acts, war, insurrection, embargoes,governmental restrictions,acts of governments or governmental authorities, and any other cause beyond the control of such parry. Failure by the Licensee to pay the monthly License fee as provided for below, or to pay the Licensor the total minimum of Fifty-two Thousand Five- hundred Dollars ($102,500), plus applicable sales tax, by the end of each year of the License Tenn, shall be deemed a material default of this License and the Licensor may, at its discretion, terrninate the License immediately.The License Fee shall be paid on the 18th day of each month, with the first payment due on May 18, 2021. Subject to any applicable usury law, a late payment fee of five percent(5%)will become due and payable if Licensee fails to pay the monthly License Fee within five (5) business days of the due date (due date Inclusive). Upon termination by the Licensor, Licensee shall vacate the premises immediately, but in no event later than 48 hours from receipt of notification of termination. $102,500.00 May $5,000.00 June $8,000.00 July $10,500.00 August $10,500.00 September $5,500.00 October $4,000.00 November $4,000.00 December $4,000.00 January $5,500.00 February $5,500.00 March $20,000.00 April $20,000.00 5. Costs of Operations: Licensee shall pay all costs of its License operations, including, but not limited to, utilities, and any costs resulting from facility/amenity upgrades, which must be authorized by the City in writing(i.e.High Speed Internet Wi-Fl,Security Cameras). 6. Independent Contractor. This License does not create a partnership, joint venture, or any affiliation other than Licensor and Licensee. The Licensee agrees that persons employed by Licensee for purposes related to the installation, operation or other purposes under this License are not employees of the Licensor for any purpose whatsoever, including unemployment tax, social security contributions, income tax withholding or workers compensation, whether state or federal. Licensee agrees to pay and be solely responsible for all applicable taxes, both state and federal, in connection with its operations and the License Fee paid by Licensee to Licensor. 2 i r t i i 7. Licensee duties and responsibilities: (a) Licensee shall provide various amusements that comply with and meet all industry acceptable safety standards. j (b) Licensee shall setup the site, Including securely anchoring the concessions, fencing off the area,and setting up an area for ticket sales. (c) Licensee shall operate In or on the License Premises, as designated by Licensor. Hours of operation shall be daily (seven days a week) no earlier than 9:00 a.m. until 1 no later than 10:30 p.m.,except during inclement weather and Turtle Nesting Season (as defined by the Florida Department of Environmental Protection). During Turtle Nesting Season (May 1 — October 31) additional restrictions may be applied by Licensor on lighting and hours of operations in accordance with City policy or the law. The City reserves the right to shut down the operation of the concessions if, in its sole discretion,it is in the best interest of the City,or to protect the safety and welfare of the public. i (d) Licensor will allow Licensee to utilize a second location near the Barefoot Beach House for operation during the months of March and April due to increased activity and impacts by Spring Break and the Pier 60 Sugar Sand Festival. I (e) Licensor will Issue to Licensee(1)Parking Spot to be located at the closest available City owned and controlled lot near the Premises. (f) Licensee will ensure that the concessions are a structure that can be broken down In 48 hours if needed. (g) Licensee will ensure that the concessions are run and operated by properly trained employees and that Licensee has provided any necessary and appropriate technical, safety and operational training for its employees to carry out operations In a safe manner. It is highly encouraged that employees obtain CPR&First Aid Certifications or at a minimum that at least one employee on duty has this training. By entering into this License Agreement, Licensee represents that each employee has specific technical, safety,and operational training. (h) Licensee acknowledges that Licensee, including its employees, volunteers, and representatives are allowed by law to work with children,the elderly,or the disabled. Therefore, if not otherwise required to conduct background checks by law, Licensee voluntarily agrees to register with the Florida Department of Law Enforcement ('FDLE-) to participate in the Volunteer & Employee Criminal History System ('VECHS')for background checks,as authorized by the National Child Protection Act ('NCPA'), as amended, and Florida Statute 943.0542 (1999), as may be amended from time to time. Licensee agrees to secure the highest level of background 3 I i screening available under VECHS, and that this level of background screening is necessary to effectively screen out those not suitable for contact with children, the elderly or the disabled. Licensee voluntarily agrees to require such screenings in accordance with the processes and procedures set forth by the FDLE and the FBI to secure criminal history information on its employees,volunteers,and representatives. The Licensee acknowledges that the VECHS program Is not available to entities currently mandated to obtain background checks by statute or other law. Licensee shall pay all costs associated with such background checks and will submit an Affidavit of Criminal Background Screening In substantially the form attached hereto, and incorporated herein, as 'Exhibit C'. Licensee shall secure releases from screened parties, use said criminal history information only as permitted by law,and shall unilaterally make the determination of a screened parties'fitness and suitability for working with children,the elderly or the disabled. Licensor shall not be required to make such a determination under any circumstance. Licensee shall submit the Affidavit of Criminal Background Screening to Licensor prior to beginning its operations under this agreement. If for any reason, including denial of eligibility by the Florida Department of Law Enforcement, Licensee is unable to secure background checks in accordance with the VECHS program, Licensee shalt secure the highest level of background screening allowed by law. (i) All replacement or new amusements must be approved by the Parks and Recreation Director or his designee. 8. Insul3nce The Vendor shall, at its own cost and expense,acquire and maintain(and cause contractors and subcontractors to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A VII or better. Specifically, the Vendor must carry the following minimum types and amounts of Insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three(3)year tail following the termination or expiration of this Agreement: (a) Commercial General Liability Insurance including but not limited to, premises operations, productsicompleted operations, products liability, contractual Lability, Independent contractors, personal injury, and advertising Injury and $1,000,000 per occurrence and $2,000,000 general aggregate and $2,000,000 products/completed operation aggregate. (b) Commercial Automobile Liability Insurance for any owned, non-owned, hired or borrowed automobile is required In the minimum amount of $1,000,000 combined single limit 4 (c) Statutory Workers' Compensation Insurance in accordance with the laws of the State of Florida, and Employer's Liability Insurance in the minimum amount of $100,000 each employee each accident, $100,000 each employee by disease and $500,000 aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation and U.S. Longshoremen's and Harbor Workers Act coverage where applicable. Coverage must be applicable to employees,contractors,and subcontractors,if any. (d) If the Vendor Is using Its own property or the property of City in connection with the performance of Its obligations under this Agreement,then Property Insurance on an 'All Risks' basis with replacement cost coverage for property and equipment in the care,custody and control of others is required. The above insurance limits may be achieved by a combination of primary and umbrellalexcess liability policies. The City does not represent that these types or amounts of Insurance to be sufficient or adequate to protect the Vendor's Interests or liabilities,but are merely minimums. Other Insurance Provisions: (1) The City is to be specifically included as an "Additional Insured'on the Commercial Liability Insurance, and Commercial Auto Liability Insurance policies listed above and named as a 'Loss Payee"on Vendors Property Insurance policy. (2) Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the Insurance policy's renewal date(s), the Vendor will furnish the City with a Certificate of Insurance evidencing the coverage's set forth above and naming the City as an "Additional Insured" on the Vendors Commercial General Liability Insurance and Commercial Auto Liability Insurance policies listed above and as a "Loss Payee" on the Vendors Property Insurance policy. In addition,when requested In writing from the City,Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered Is as follows: City of Clearwater Attn:Administrative Support Manager Parks and Recreation Department P.O.Box 4748 Clearwater,FL 337584748 (3) Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination,material change or reduction In coverage. (4) Vendor's Insurance as outlined above shall be primary and non-contributory coverage for Vendor's negligence. 5 (5) Vendor shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage, arising directly or indirectly from the performance by the Vendor, its employees, contractors, subcontractors,or assigns, including legal fees,court costs,or other legal expenses. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this Insurance shall not be construed as a waiver of Vendor's obligation to provide the Insurance coverage specified. 9. Liabilitv/tndemniflcation. Licensor will not accept and explicitly renounces any liability of any nature for use of the License Premises by the Licensee, its employees,agents, contractors,and Invitees. Licensee shall save and hold harmless the Licensor, its successors and/or assigns, from any and all liability arising from injury to person or property during the term hereof. Nothing contained herein shall be construed to waive or modify the provisions of Florida Statute 76828 or the doctrine of sovereign Immunity. in addition, nothing contained herein shall be construed as creating third party beneficiaries or as consent by the Licensor to be sued by third parties in any manner arising from this grant of License. 10. tlAaintenance and Operations. Licensee shall at its sole cost and expense (a) maintain the Premises In a safe,clean and proper manner, (b)secure any and all licenses or permits required by any governmental agency or authority with respect to Licensee's operation of the concessions, occupancy and use of the Premises, including any and all rights or licenses required under applicable copyright or trademark law; (c) secure and be responsible for the security of the concessions at close of business each day and during hours of operation; (d)not make or permit to be made any alterations, additions or improvements in the Premises without the prior written consent of Licensor,(e)not permit any mechanic's lien to be filed against the Premises by reason of any work, labor, service or materials performed at or furnished to the Premises;and (h)abide by all rules and regulations established by Licensor,from time to time,with respect to the use and occupancy of the Premises. All signs used at the Premises shall be subject to Llcensoes prior approval and applicable law. 11. All notices to either party must be sent by either U.S.Mail or e-mail to the addresses below: As Licensor As to Licensee City of Clearwater All Around Amusements, LLC P.O.Box 4748 4001 Willow Hills Court Clearwater,FL 33758-4748 Plano,TX 75024 KrtsXochiMmyclearwater.com TerriCallaroundamusements corn Lelia.Peterson@mgcl2a_rwater.com Randall(Mallaroundamusements.com Miscellaneous Provisions 12. The provisions of this License shall be binding upon and inure to the benefit of the heirs,personal representatives, and successors of the parties, as permitted herein. Any provision hereof which 6 imposes upon Licensor or Licensee, any obligations after termination or expiration of this License Agreement, shall survive termination or expiration hereof and be binding upon Licensor or Licensee. 13. This License is personal to Licensee. It is not assignable, and any attempt to assign this License shall immediately terminate the License privileges granted to Licensee hereunder. In addition, Licensee shall not sell, mortgage, pledge or in any manner transfer this License Agreement or any interest therein, not sublet all of any part of the Premises or license considerations therein. Licensee shall notify Licensor of any name change made in accordance with applicable law. 14. Licensor may terminate this License Agreement immediately, at will, In L.icensor's sole discretion, with or without cause. This License Agreement may also be terminated at any time upon the mutual written agreement of Licensor and Licensee. 15. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto it being understood that nothing contained herein, or any acts of the parities hereto,shall be deemed to create any relationship between the parties hereto other than the relationship of Licensor and Licensee. 16. Licensee agrees to comply with all local, state, and federal statutes and ordinances, and is responsible for obtaining all necessary state and local permits prior to setting up and operating the concessions. 17. All advertising or related communications pertaining to Licensor must be pre-approved in writing by the Licensor. 18. Licensor shall have the right to enter upon the Premises at all times. Licensor shall not unduly interfere with Licensee's business. 19. If this License, or its operation, shall create any ad valorem or other tax obligations, it shall be incumbent solely upon Licensee to timely discharge same. 20. This License contains all of the terms, conditions and covenants binding the parties hereto. There are no other terms,conditions,covenants or understandings,either written or oral,binding upon the parties unless expressed herein in writing or subsequently addended hereto by mutual agreement of the parties. 21. Public records disclosure. In addition to all other contract requirements as provided by law,the contractor executing this agreement agrees to comply with public records law specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service being provided by the contractor hereunder. 7 (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes,as may be amended from time to time,or as otherwise provided by law. (c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer,at no cost,to the public agency all public records In possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stared electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (e) The contractor hereby acknowledges and agrees that If the contractor does not comply with a public records request, the public agency shall enforce the contract provisions In accordance with the contract IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:727-562-4092, Rosemade.Call@myclearwater.com,600 Cleveland Street,Suite 600,Clearwater, FL 33755. 22. Governing Law.This Agreement shall be administered and interpreted under the laws of the State of Florida.The exclusive venue for any proceeding or suit in law or equity arising from or incident to this Agreement will be in Pinellas County Florida. 23. E-Verify. Licensee and its Subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. Licensee will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E Verify systerrL Subcontractor must provide Licensee with an affidavit stating that Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Licensee shalt maintain a copy of such affidavit The City may terminate this Agreement on the good faith belief that Licensee or its Subcontractors knowingly violated Florida Statutes 448.09(1)or 448.095(2)(c). If this Agreement Is terminated pursuant to Florida Statute 448.095(2)(c),Licensee may not be awarded a public contract for at least 1 year after the date of which this Agreement was terminated. licensee is liable for any additional costs Incurred by the City as a result of the termination of this Agreement See Section 448.095, Florida Statutes(2020). 8 IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. LICENSEE: ALL AROUND AMUSEMENTS,LLC 11 Signed in the Presence of. Dated: S1% EJeJf t S cies LLC By:a-- � Tem Young Owner Countersigned: LICENSOR: CITY OF CLEARWATER,QFLOR A By: F nk H' rd William B. Home II Mayor City Manager Approved as to fo Attest Q WATE,p Owen KohlerRosemarie / Call � •v Assistant City Attorney City Clerk io A'�gB11SHE0�q` 9 i EkbibrtA City of Clearwater SPECIAL WENTS BEACH VENUE#2: North Of Pier 60 CAPProximately 200'x 26(Y= 50,000 sf or 1.1 acre) :7" .::�i�1+�,•�-':'fT;.�.�.•.'.p,•'rs.4 w'`).7.5r��.� •J•n:r•SrS,y90i Ir:4'+'":i.1•.,9Fr, ...r.. .•y ,��' � t �� • 'f ! )�: rr ','r .� •5�51 r. . 1 ,. j r � r..a,r...-�,♦ �^.r�i�►,•.w,♦«.r.� �'•:~AA' �„.M ' 1.r ,e \ .a 1 i ti t h- 1'L rl 4/I • Fl�. ,' r r . .. •r' �'�„ r 7 -a....t,5rt s ..��ra• :.rr•I. 1 rr�.1 f. 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C Bina'' � •r. Ir ,� t t.+ .• � A t• � ;i .�� _.` �✓n.•r /K:�,�� '� •v�♦•!�rt'��;�a:'.l"i'�y'/wcvr,. � ' �� �.:h I 4 � ..+►t'Y/-.�!♦E1►.�• r 'qty � ••, �r,4(f/�•7t Roundabout A �1 Lfj �T Y'�..; `,'. fc_��-'.�-•` ��{F .rYt :�• 2a�� �-'� la��tTr 1 •< ,�/� .yam.. n �'�' ('y+' y.• �1 ''� .i i.. est, �:-a''!iciJJ��yu:� •i1 r��.�'"� �~ "�� Z`T�}$�p ._� � �.�`�•i►•- Exhibit : Continued Inflatable Bounce HouseOotions Blue ���,•�_` gyp:..t., Y L:` '��� t Y{y�;l_`E��_')� )( .".��c .'�`-�;�? �'��•'_��\�.:�;�� ) �.'..9�ry{t`��"�Via' � �� vrr Dog Jurassic Park Spiderman Brown 001 Royalcasue Indoorl s Miscellaneous 0-9-tions ����.7ti 1 - }.,n,C•-s-...r ,.rte. - ,� -s"�:?.Y�r���5��� �� ��f �y-. "�-: as ��.. S-{��•: • . Obunce/Slide Cart Combo • man Adventure J t,v`""' `���y ��9.1 �'+ �'� l�} ��� � ����� :�'il� pS`�.�f'�.�+C ty`��• .... �.4'�` tr ��C•:S'��Y� ;;mei/" �t��f��� 5 _A r i ���"�� Kr'T � ••�"'�,�y '�'��u��M. e"�•ti��R / r!'}�•� ��.• `r'v'J}. 1', `het- (�.i��`?l '''..... �, �[�r� dp i� w'L7:a..Ir.�� ,G;:vs, * r ,l Y.i.1.�). �' 'Ji.r+'`�ti•.`w;.11'•i e2A?Y � �a� _'� Dragon EXHIBIT"C" AFFIDAVIT OF CRIMINAL BACKGROUND SCREENING LICENSEE NAME: DATE: _ )�L) By signing this form, I am swearing or affirming that all individuals employed by --1 ¢xtk, (Licensee) or providing services to City under tHs Revocable License Agreement on behalf of Licensee on City property have been background screened in accordance with the background screening requirements set forth in the Revocable License Agreement and been deemed eligible by Licensee to provide services as described in the Revocable License Agreement. The information contained in this Affidavit is up to date as of the date this Affidavit is furnished to City Parks and Recreation Department per the requirements of Section 7(h)of the Revocable License Agreement All individuals providing services under the Revocable License Agreement on City property are fisted below. Each individual shall be identified by name, birth date and date deemed exigible. (List of Individuals) Signature of Affiant Swom to and subscribed before me this day of 20 Notary Public My Commission Expires: My signature,as Notary Public,verifies the Affiants identification has been validated by i 10 �s pop da="'o STATE OF FLORIDA ` r DEPARTMENT OF ENVIRONMENTAL NTAL PROTECTION Office of Resilience and Coastal Protection Coastal Construction Control Line Program 2600 Mair Stone Road-Mail Station 3522 Tallahassee,Florida 32399-2400 (850)245-8570 PERMIT NUMBER: P100821 PERMITTEE City of Clearwater c/o Randall and Terri Young All Around Amusements 4001 Willow hills Court Plano, Texas 75024 NOTICE TO PROCEED AND PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES FINDINGS OF FACT": An application for authorization to conduct the activities seaward of the coastal construction control line that are indicated in the project description, was fled by the applicant/permittee named herein on January 3, 2024 and was determined to be complete pursuant to rule on January 18,2024,. CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description of this permit are of such a nature that they will result in no significant adverse impacts to the beach/dune areas or to adjacent properties;that the work is not expected to adversely impact nesting sea turtles,their hatchlings,or their habitat,and that the work is expendable in nature and/or is appropriately designed in accordance with Section 628-33.005, Florida.Administrative Code. Based on the foregoing considerations, the Department approves the application; and authorizes construction acrd/or activities at the location indicated below in strict accordance with the project description, the approved plans(if any) and the General Permit Conditions which are attached and are by this reference incorporated herein, and any additional conditions shown below, pursuant to Section 161.053(4), Florida Statutes. EXPIRATION DATE: February 13,202.5 LOCATION: Between approximately 0 feet and 322 feet north of the Department of Environmental Protection's reference monument R-44, in Pinellas County. Project address: 1 Causeway Blvd, Clearwater Beach. PROJECT DESCRIPTION: The applicant/permittee is authorized to 1. Erect an anchored, inflatable "Hippo Slide". The footprint of the slide has the dimensions of 175 feet in the shore-normal direction by 65 feet in the shore-parallel direction and is to be located 170 feet seaward of the control lime.2.Erect a 35-foot diameter bungee circle,a 26-foot by 43 feet dry,a 5-foot by 15 feet bounce house and a 2 -foot by 16 feet obstacle area adjacent to the slide as depicted on the approved plan. PERMITTEE: City of Clearwater PERMIT NUMBER: P1000821 PAGE 2 SPECIAL PERMIT CONDITIONS: I The Permittee shall ensure that surveys for marine turtle nesting activities are ongoing, and have been conducted daily since the beginning of marine turtle nesting season in accordance with the following conditions: 1.1. It is the responsibility of the Permittee to ensure that the activity area and all beach access sites are surveyed daily for marine turtle nesting activity and all nests in these areas are marked. 1.2. All nesting surveys shall be conducted by persons,who hold a valid Marine Turtle Permit issued by the Florida Fish and Wildlife Conservation Commission (FWC) pursuant to Florida Administrative Code Rule 6813-1. 'Ibe permittee must arrange for a Marine Turtle Permit Holder to conduct all nesting surveys and nest protection work. For information on the Permit Holder in your area,contact MTU 11 fwc.com. 1.3. Nest surveys shall be conducted daily between sunrise and 9 a.m. during marine turtle nesting season.Nests deposited within the activity area shall be clearly marked and left in place. A circle with a radius of ten(1 0) feet,centered at the approximately location of the clutch, shall be marked by stake and survey tape or string. 2. The Permittee shall ensure that no activities shall enter the marked circle around a nest,and no adjacent activities shall be allowed which might directly or indirectly disturb the area within the staked circle. During marine turtle nesting, no structures or materials that could impede the progress of turtle hatchlings to the ocean shall remain seaward of a nest overnight. 3. In the event an unmarked marine turtle nest is exposed or a dead, injured,or sick marine turtle is discovered within the activity area,the Permittee shall immediately notify the Marine Turtle Permit Holder so appropriate conservation measures can be taken. Within 24 hours of any such occurrence,a report of the incident shall be sent to the FWC Imperiled Species Management Section at Marine'l" e, i fk%c.com. n Y 4. 'rhe Permittee is prohibited from using heavy equipment on the beach during marine turtle nesting season. Use of street vehicles to transport activity equipment is prohibited,except on beaches where public beach driving is allowed by local ordinance. A lightweight, ATV-type vehicle with 10 p.s.i.or less ground-to-tire pressure may be used for equipment transport if allowed by local ordinance. Use of vehicles shall be minimized and restricted to activity set-up and break-down. 5. The Permittee shall ensure that no water from the structure or activity area shall be allowed onto the beach where it could impact marine turtle nests. 6. The inflatable water slide must be deflated and rolled up so that the footprint of the structure remain on the beach overnight is as small as physically possible. This must be done no later than sundown each day during the marine turtle nesting season. All ancillary structures or materials other than the slide itself must be removed by sundown each day.All storage of activity equipment and materials shall be off the beach. PERMITTEE: City of Clearwater PERMIT NUMBER: P1000821 PAGE 3 7. The existing beach and dune topography and vegetation shall not be disturbed. Any temporary disturbances in the sand (including ruts,holes, mounds,etc.)shall be raked smooth with hand tools each evening. 8. No lighting associated with the slide is authorized after 9 p.m, during the marine turtle nesting season. GENERAL PERMIT CONDITIONS: (1) The following general permit conditions shall apply, unless waived by the Department or modified by the permit: (a) The permittee shall carry out the construction or activity for which the permit was granted in accordance with the plans and specifications that were approved by the Department as part of the permit. Deviations therefrom, without written approval from the Department, shall be grounds for suspension of the work and revocation of the permit pursuant to section 120. 0(7), F.S., and shall result in assessment of civil fines or issuance of an order to alter or remove the unauthorized work, or both.No other construction or activities shall be conducted. No modifications to project size, location, or structural design are authorized without prior written approval from the Department. A copy of the notice to proceed shall be conspicuously displayed at the project site. Approved plans shall be made available for inspection by a Department representative. (b) The permittee shall conduct the construction or activity authorized under the permit using extreme care to practivity any adverse impacts to the beach and dune system,marine turtles,their nests and habitat, or adjacent property and structures. (c) The permittee shall allow any duly identified and authorized member of the Department to enter upon the premises associated with the project authorized by the permit for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department until all construction or activities authorized or required in the pen-nit have been completed and all project performance reports, certifications,or other documents are received by the Department and determined to be consistent with the permit and approved plans. (d) The permittee shall hold and save the State of Florida, the Department, and its officers and employees harmless from any damage,no matter how occasioned and no matter what the amount,to persons or property that might result from the construction or activity authorized under the permit and from any and all claims and judgments resulting from such damage. (e) The permittee shall allow the Department to use all records, notes, monitoring data, and other information relating to construction or any activity under the permit, which are submitted, for any purpose necessary except where such use is otherwise specifically forbidden by law. (f) Construction traffic shall not occur and building materials shall not be stored on vegetated areas seaward of the control line unless specifically authorized by the permit. If the Department determines that this requirement is not being met,positive control measures, such as temporary fencing, designated access roads,adjustment of construction sequence,or other requirements,shall be provided by the permittee at the direction of the Department. Temporary construction fencing shall not be sited within marine turtle nesting habitats. (g) The permittee shall not disturb existing beach and dune topography and vegetation except as expressly authorized in the permit. Before the project is considered complete,any disturbed topography or vegetation shall be restored as prescribed in the permit with suitable fill material or revegetated with appropriate beach and dune vegetation. When required for mitigation, dune vegetation will be considered successfully established if within 180 days of planting, a minimum of 80 percent of the planting units PERMITTEE: City of Clearwater PERMIT NUMBER: P1000821 PAGE 4 survive, a minimum of 80 percent of the planted area is covered with native species and the vegetation is continuous without gaps along the shoreline. (h) All fill material placed seaward of the CCCL shall meet the requirements of subsection 62B- 33.005(7), F.A.C. All such fill material shall be free of construction debris, rocks, clay, or other foreign matter; and shall be obtained from a source landward of the CCCL. (i) If surplus sand fill results from any approved excavation seaward of the control line, such material shall be distributed seaward of the control line on the site,as directed by the Department, unless otherwise specifically authorized by the permit. Sand fill placed seaward of the frontal dune,bluff or coastal armoring in marine turtle nesting habitat shall be configured such that it does not interfere with marine turtle nesting. 0)Any native salt-tolerant vegetation destroyed during construction shall be replaced with plants of the same species or, by authorization of the Department, with other native salt-tolerant vegetation suitable for beach and dune stabilization. Unless otherwise specifically authorized by the Department, all plants installed in beach and coastal areas-whether to replace vegetation displaced,damaged,or destroyed during construction or otherwise.-shall be of species indigenous to Florida beaches and dunes, such as sea oats, sea grape, saw palmetto, panic grass, saltmeadow hay cordgrass, seashore sattgrass, and railroad vine, and grown from stock indigenous to the region in which the project is located. (k)All topographic restoration and revegetation work is subject to approval by the Department,and the status of restoration shall be reported as part of the final certification of the actual work performed. (1) If not specifically authorized elsewhere in the permit, no operation, transportation, or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure during the marine turtle nesting season. The marine turtle nesting season is May I through October 31 in all counties except Brevard, Indian River, St. Lucie, Martin, Palm Beach, and froward counties where leatherback turtle nesting occurs during the period of March I through October 31. (m)If not specifically authorized elsewhere in the permit,no temporary lighting of the construction area is authorized at any time during the marine turtle nesting season and no additional permanent exterior lighting is authorized. (n)All non-opaque walls, balcony railings,deck railings,windows and doors visible frorn any point on the beach must be tinted to a transmittance value(light transmission from inside to outside) of 45 percent or less through the use of tinted glass or window film. (o)The permit has been issued to a specified property owner and is not valid for any other person unless formally transferred. An applicant requesting transfer of the permit shall sign the permit transfer agreement form, agreeing to comply with all terms and conditions of the permit, and return it to the Department. The transfer request shall be provided on the form entitled "Permit Transfer Agreement" .- DEP Form 73-103 (Revised 1/04), which is hereby adopted and incorporated by reference. No work shall proceed under the permit until the new owner has received a copy of the transfer agreement approved by the Department. A copy of the transfer agreement shall be displayed on the construction site along with the permit.An expired permit shall not be transferred. Copies of the "Permit Transfer Agreement" form are available at the following website: htips:Hfloridadep.gov/water/coastal-construction-coiitrol-line/content/coastal- construction-control-line-eccl-fort.ns. (p) The permittee shall immediately inform the Department of any change of mailing address of the permittee and any authorized agent until all requirements of the permit are met. (q) For permits involving habitable major structures, all construction on the permitted structure shall stop when the foundation pilings have been installed. At that time the foundation location form shall be submitted to and accepted by the Department prior to proceeding with further vertical construction above the foundation.The form shall be signed by a professional surveyor, licensed pursuant to chapter 472, 1.5., and shall be based upon such surveys performed in accordance with chapter 472, F.S., as are necessary to PERMITTEE: City of Clearwater PERMIT NUMBER: P1000821 PAGE 5 determine the actual configuration and dimensioned relationship of the installed pilings to the control line. The information shall be provided to the Department using the form entitled "Foundation Location Certification"—DEP Form 73-114B(Revised 9/05),which is hereby adopted and incorporated by reference. Phasing of foundation certifications is acceptable.The Department shall notify the permittee of approval or rejection of the form within seven (7) working days after staff receipt of the form. All survey information upon which the form is based shall be made available to the Department upon request. Permits for repairs or additions to existing structures with nonconforming foundations are exempt from this condition, (r) For permits involving major structures and exterior lighting on major structures, the pen-nittee shall provide the Department with a report by a registered professional within 30 days following completion of the work. For permits involving armoring or other rigid coastal structures, the permittee shall provide the Department with a report by an engineer licensed in the State of Florida within 30 days following completion of the work. The report shall state that all locations specified by the permit have been verified and that other construction and activities authorized by the permit, including exterior lighting, have been performed in compliance with the plans and project description approved as a part of the pen-nit and all conditions of the permit; or shall describe any deviations from the approved plans, project description, or permit conditions,and any work not performed. Such report shall not relieve the permittee of the provisions of paragraph 62B-33.0155(l)(a), F.A.C. If none of the permitted work is performed, the permittee shall inform the Department in writing no later than 30 days following expiration of the permit. The report shall be provided on the form entitled "Final Certification"DEP Form 73-115B (Revised 9/05), which is hereby adopted and incorporated by reference. Copies of the "Final Certification" form are available at the following website: https://floridadep,gov/water/coastal-construction-control-line/content/coastal- construction-control-line-cccl-forms, (s)Authorization for construction of armoring or other rigid coastal structures is based on an engineering review and assessment of the design and anticipated performance and impact of the structure as a complete unit. Construction of any less than the complete structure as approved by the Department is not authorized and shall result in the assessment of an administrative fine and the issuance of an order to remove the partially constructed structure. Modifications to the project size, location, or structural design shall be authorized by the Department in accordance with rule 6213-33.013, F.A.C. (2) The permittee shall not commence any excavation, construction, or other physical activity on or encroaching on the sovereignty land of Florida seaward of the mean high water line or, if established, the erosion control line until the permittee has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement,or other form of consent authorizing the proposed use. (3) The permittee shall obtain any applicable licenses or permits required by Federal, state, county, or municipal law. (4)This permit does not authorize trespass onto other property. (5)In the activity of a conflict between a general permit condition and a special permit condition,the special permit condition shall prevail. (6)Copies of any forms referenced above can be obtained by contacting the Department of Environmental Protection, 2.600 Blair Stone Road, NIS 3522, Tallahassee, Florida 32399-2400, at https://floridadep-gov/wate.r/coastal-construction-control-line/content/coastal-construction-control-line- ecel-forms or by telephoning(850)245-8570. Approved plans are incorporated into this permit by reference. PERMITTEE: City of Clearwater PERMIT NUMBER: P1000821 PAGE 6 NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition 'for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative I-learing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201 and 28-106.301, F.A.C.,a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding;and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none,the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action-, (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at AgencySlerk@depstate.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3),F.A.C.,petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention(in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28- 106,205, F.A.C. PERMITTEE:City of Clearwater PERMIT NUMBER: P1000821 PAGE 7 Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing.The Department may,for good cause shown,grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clcrk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard,Tallahassee, Florida 32399-3000)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 must be filed within 30 days from the date this action is filed with the Clerk of the Department. EXECUTION AND CLERKING Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT"OF ENVIRONMENTAL PROTECTION Rolando R. G6mez, Permit Manager Coastal Construction Control Line Program CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were W sent on the filing date below to the following listed persons: Randall Young, Agent, (e rri,,�i,,a I laro u ndam u senge tits.cc)III City of Clearwater(Alex Rey), Property Owner ai-e),,,i,i�stoetebeacti.(),Lg Erin Luaces, Field Inspector,ei'in.lLiaecs-,,"t�)1-'IoridaDEP.��Yov FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. Z�)"411�A44zll 2/13/2024 Clerk Date ! I;y THE&Flit of"4 FILORID ©EPA YfENT`" APPROVED CO4N ,uCi1NANd� 1f' Q�RA4![F�C7R } lS COMPLY WETH ALL COND9T7L7NS 4f THE PERMIT.CDfJS'CR41�f' f„f ACTIVMES ARE STPECTLM LI MMD TO THOSE BOTH SHOWN©hl T'NE APPRt�47��` 14 PLANSANDLISTEDINTHEP80JEC79ESMIPTlo;;,THISP ITIS111111 ( LESUANT TO CFE,161,F.S.ANE?OTHER PERMITS MA ECLUIRED. 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