TEMPORARY USE AGREEMENT - BOT NO 520369673 ®®®� Governor
Environmental Protection Jeanette Nuneza
��R7c Lt.Governor
r��{�� r �.�� Southwest District Office Shawn Hamilton
NTAL VVL 13051 North Telecom Parkway#101 Secretary
Temple Terrace,Florida 33637-0926
May 30, 2024
City of Clearwater
c/o Jennifer Poirrier, City Manager
600 Cleveland St., Suite 600
Clearwater, FL 33755
Jennifer. oirrier t7tuyclearwater.cotn
Re: Proposed Temporary Use Agreement
City of Clearwater—Seminole Docks
302 Seminole St., Clearwater, FL 33755
Site No. 449065/130T No. 520369673
Dear Mr. Slaughter:
Enclosed is the Temporary Use Agreement(TUA)to provide temporary authorization for
existing structures and mooring areas on state-owned submerged lands adjacent to your riparian
upland property referenced above. Please sign and return the TUA to this office within 10 days
of receipt of this letter. Please leave the date on the first page blank.
If you have any questions regarding this matter,please contact Anthony Vixayo by email at
Anthony.vixayo&floridadep.,ov or by phone at 813-470-5757. Your continued cooperation in this
matter is appreciated.
Sincerely,
Ms. Kell M. Boatwright
Southwest District Director
Florida Department of Environmental Protection
Enclosures: TUA for signature
Survey
cc: Pamala Vazquez, FDEP-SWD, Pamala.Vazguez�t floridade .gov
Anthony Vixayo, FDEP-SWD, Anthony.vixayo(ci'flarid___acie__p.�Uov
Hannah Westervelt, FDEP-SWD, arena .Westerveltgt/Florida EP gov
Daniel Slaughter, City of Clearwater, daniel.slaughter mmyclearwatercom
www.F/orkl( ER' ot,
TEMPORARY USE AGREEMENT
BOT.No.520369673
This Temporary Use Agreement(hereinafter referred to as the"Agreement")is entered into this 30th day of May,
2024,by and between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida
(hereinafter referred to as the`Board")and City of Clearwater,hereinafter referred to as the"Applicant".
RECITALS:
A. The Applicant desires to enter into this Agreement for the sovereign lands(hereinafter referred to as
"lands")and water column adjacent to the Applicant's upland real property located at 302 Seminole St
Clearwater,FL 33755,Pinellas County,Florida.
B. Public docking structures,boat ramp,and City facility are operating on these lands adjacent to Applicant's
upland real property without the Board's approval or authorization.
C. Applicant desires to obtain the consent of the Board to maintain and use the structures maintain the
performance of the activities located on these lands.
D. The parties acknowledge that the application,approval and issuance of a sovereign lands lease may require
a time period of several months.
E. The Applicant desires to have the temporary use of the structures [performance of the activities] located on
these lands during the processing and review of the Applicant's sovereign lands lease application or other sovereign
use application.
NOW,THEREFORE,for and in consideration of the mutual agreements and covenants set forth herein,the
Applicant agrees as follows:
1. The Applicant acknowledges and understands that the grant of this Agreement and the payment of
the amount herein does not guarantee that the Board will grant the Applicant a lease or that the Department
of Environmental Protection will recommend that a lease be granted.
2. The Applicant is hereby granted the temporary exclusive use of the structures performance of the activities
located on these lands as depicted in Exhibit"A",consisting of approximately 283,339 square feet,waterward of
Applicant's upland real property described above. This temporary exclusive use is for a term not to exceed one year
from the date of execution of this Agreement through May 30,2025,or until the date of execution of a sovereign
lands lease between the Board and the Applicant,whichever occurs first. The Applicant shall make no claim of title
to or interest in the sovereign lands identified in Exhibit"A"solely by reason of occupancy or use thereof under this
Agreement.
3. The existing structures can only be utilized,and activities can only be performed as they were on the date
of execution of this Agreement,which was as May 30,2024.In the event any part of any of these structures and
Activities is determined by a final adjudication issued by a court of competent jurisdiction to encroach or interfere
with riparian rights of the adjacent upland riparian owner,Applicant agrees to either obtain written consent for the
offending structure or use from the affected adjacent upland riparian owner or remove the interference or
encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall
constitute a material breach of this Agreement and be grounds for immediate termination of this Agreement at the
sole option of the Board.
4. The consideration paid for this Agreement includes the lease fees due for these lands from 2024 through
2025 plus interest payable on past due lease fees. This consideration is not refundable,notwithstanding the denial of
a sovereign lands lease by the Board.
5. The Applicant acknowledges that the lease fees assessed in this agreement after March 1,2025 are an
estimate created using the base rate per square foot fee from the 2024-2025 billing cycle times the approximate
square footage of the lands preempted by the structures and performance of the activities. A supplemental invoice
will be generated and issued to the applicant at the time of lease execution that accounts for any difference in lease
fees owed for the new per square foot fee established on March 1,2025 which is based on changes in the consumer
price index,pursuant to Rule 18-21.011(1)(b),Florida Administrative Code,and changes in the square footage of
the preempted area based on a survey supplied by the Applicant pursuant to Applicant's sovereign lands lease
application,and the Applicant hereby agrees to pay the full amount any additional lease fees owed to the Board due
to these changes within 30 days of the receipt of the supplemental invoice.
6. In the event that a sovereign lands lease application is not approved by the Board and executed by both
parties prior to the expiration or sooner termination of this Agreement,and either the Applicant fails to timely
submit the information concerning title as required herein,or the Board denies the Applicant's claim of title and the
Applicant has not commenced an action to quiet title as specified herein,the Applicant shall remove all structures
and cease all activities referenced herein from and on the sovereign lands at the Applicant's sole expense. The
complete removal of the structures shall be accomplished within 360 days.The complete cessation of the activities
shall occur immediately following the expiration or termination of this Agreement,whichever occurs first.
7. If the Applicant asserts title to the sovereign lands identified in Exhibit"A",the Applicant must submit an
application,accompanied by all evidence upon which Applicant relies for the assertion of title,to the Division of
State Lands("DSL"),Department of Environmental Protection,within 90 days after the execution of this
Agreement. DSL will review the application and accompanying evidence and give a response to Applicant as to
whether the Board will assert title to the sovereign lands described in Exhibit"A". If DSL responds that the Board
will assert title to said sovereign lands,the Applicant must file an appropriate action in circuit court within 90 days
of DSL's response to obtain a legal determination of title to the sovereign lands. If DSL,after consultation with the
Board,responds that the Board does not assert title to the sovereign lands,then the Applicant shall not have to apply
for a sovereign lands lease,and that portion of the consideration representing lease fees and interest shall be
refunded. If DSL,after it's review,responds that the Board does not assert title to a portion of the sovereign lands,
any consideration for that portion representing lease fees and interest will be refunded. Failure to submit the initial
application and evidence within 90 days after execution of this Agreement,or failure to file the appropriate court
action within 90 days after DSL's response,shall constitute a waiver by the Applicant of all of its claim of title to
the sovereign lands and an acknowledgment that the Board owns the sovereign lands.
8. Applicant shall make initial application for a sovereign lands lease(modification)to the Board within 30
days of the execution of this Agreement and complete the application by no later than 180 days of the execution of
this Agreement for the lands identified in Exhibit"A".
9.. This Agreement is temporary in nature and may not be extended or modified except upon the express
written agreement of the Board. No request for an extension of the Agreement shall be considered by the Board
except upon a demonstration by the Applicant that the Applicant is in full compliance with the terms and conditions
of this Agreement and has exercised due diligence in its efforts to procure a sovereign lands lease from the Board.
10. Applicant shall save and hold harmless and indemnify the Board,Department of Environmental Protection,
and the State of Florida against any and all liability,claims,judgments or costs of whatsoever kind and nature for
injury to,or death of,any person or persons and for loss or damage to any property arising out of or connected with
Applicant's occupation and use of these lands and the structures or activities located thereon. By execution of this
Agreement,applicant waives any claim it may have against the Department of Environmental Protection concerning
the submerged lands described on Exhibit"A"except as described in Paragraph 6 above.
11. Applicant agrees that any litigation arising from matters relating to this Agreement between the Board and
the Applicant shall be initiated and maintained only in Leon County,Florida.
12. This Agreement,and any rights and privileges contained herein,are for the sole benefit and use of the
Applicant and shall not be assigned or transferred by the Applicant to any other party without the prior written
consent of the Board,which consent shall not be unreasonably withheld.
13. The terms of this Agreement may be enforced by the Board notwithstanding that the authorization granted
hereunder has expired.
Executed on the date first written above.
BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
WITNESSES:
By:Kelley M.Boatwright
Original Signature Director of District Management,
Department of Environmental Protection,as
agent for and on behalf of the Board of
Printed/Typed Name Trustees of the Internal Improvement Trust
Fund of the State of Florida
Original Signature
Printed/Typed Name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20 ,by
,Director of District Management, Southwest District,Department of
Environmental Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust
Find of the State of Florida. He/She is personally known to me.
Notary Public, State of Florida
Printed,Typed or Stamped Name
My Commission Expires:
Commission/Serial No.:
a
Corporation
WITNESSES:
By:
Original Signature Original Signature
Printed/Typed Name Printed/Typed Name
Original Signature Title
Printed/Typed Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20 by
as of a
corporation,on behalf of the corporation. He/She is personally known to me or has
produced as identification.
Notary Public, State of Florida
Printed/Typed or Stamped Name
My Commission Expires:
Commission/Serial No.:
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