DEVELOPMENT AGREEMENT
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STATE OF FLORIDA
DEPARTMENT OF NATUFAL PBSOURCES
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Florida Recreation Development Assistance program
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0)1 State
Development Agreement
This agreement made and entered into by and between
the
of Florida Department of Natural Resources hereinafter
called DEPARTMENT and
hereinafter
the cltu of C19arwatar
called
in furtherance of an approved recreational
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co parties hereto agree as follows:
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L- ~ :;:,,:1 1. This agreement shall be performed pursuant to
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~~~gJ Section 375.021(3), Florida Statutes and Chapter 16D-5.02, Florida.
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=.6 ~ ~ Administrative Code and with the program criteria prescribed by
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~ the Executive Board of the Department of Natural Resources under
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date of October 15, 1972. In the event a dispute should arise
between the parties concerning the intent of the language herein
contained, the same shall be resolved by the adoption of that
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meaning which furthers the intent and purpose of said a.c,tions of
the Florida. Legislature an~ the Executive Board of the Department:z:
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of Natural Resources. No construction shall be contrary to the ~
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program criteria or the agreements contained herein. It is the ~
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intention of the parties hereto that none of the provisionB of 0
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Section 163.01, Florida Statutes, shall have application to thisoQ
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agreement.
2. The DEPARTMENT has found that recreation is' the
pri.mary purpose of the project known as JIfoccasin Lake Park
(Florida Recreation Development Assistance Program Project Nuwber
8-55-11
), and en.ters into this agreement with the
Citl1
for construction of recreational facilities on real property, the
title to which is in the name of the
C 1 t:!L
the legal description of which is set forth in full in Exhibit "A"
(
\~ attached hereto and made a part hereof.
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3. The
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will construct, or cause to
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THIS DOCUMENT BEING RERECORDED TO CORRECT LEGAL
DESCRIPTION.
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be constructed, certain recreational facilities upon such real
property described in Exhibit "A", which facilities shall be
designed and constructed in accordance with the project elements
described herein substantially in accordance with conceptual
project plans as shown and described in Exhibit "B" attached.
The following shall be considered the project elements:
Picnicking, f:J.sMng, parJdng, rtJIstrooms, boardwalks and nature trail :faci11 ties,
lTm1 t1purpose $bel tftr, observation l'latforms and related suppOrt fac1.l1 ties.
4 . The
C:l.~g
agrees to operate and maintain
./lfvc.;r.;cu,l"l .llczAm' P.A.A
, once developed pursuant to
paragraph 3 and will pay all such expenses as a
expense.
The
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convenants that it has full legal
authority and financial ability to so operate and maintain said
park site.
5. The DEPARTMENT agrees to hold in account and trans-
fer to the
Ell. ty
such Florida Recreation Development
Assistance Program monies, not to exceed $ lQ~,RQ~.gQ , and will
pay said program's share of the cost of the project. Any portion
of these funds may be released in installments, at the discretion
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of the DEPARTMENT, upon the request of the
eLL,:!
duly authorized agent, whose
Commissioners or the
Cj~t;J'.
name and title shall be submitted to the DEPARTMENT prior to
commencement of the project. Such requests shall be limited to
:tiws (f)
in number and each request shall include all
documentation required by the DEPARTMENT. The DEPARTMENT shall be
notified forthwith of any change in the person or authority of the
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designated agent.
6. The
Cl~JI
agrees to contribute the sum
of $ 50,OOO~.OO
to be expended for the development of recreational
facilities pursuant to paragraph 3, such funds in the form of
CUlM and force 4coountcontributions. The
Clq,
further agrees
to submit, at the discretion of the DEPARTMENT any and all
accounting records pertaining to said cash and Lorw. ..~tributions.
7 . The
C:l.tu
aqrees to develop subject
property in the manner described in this agreement on or before
March 22, 1982
Failure by the
c1tu
to complete
development of subject property by the aforementioned date shall
be cause for the DEPARTMENT to demand refund of any contribution
made from the Florida Recreation Development Assistance Program
toward the development of
l1sfltNulft La1<<J r..rk
8 . The
C.i fJ!f
, through its dully authorized
agent, shall submit to the DEPARTMENT project status reports
every sixty (60) days from the date of the execution of this
agreement until the project development is completed.
9 . The
City
agrees to dedicate the land
described in Exhibit "A" and by its acceptance of the provisions
of this agreement does hereby dedicate the land described in
Exhibit "A" to the public in perpetuity as a recreation area
available to the general public for recreational purposes only.
The
C1tu
further agrees that the execution of this
agreement by the Executive Director of the Department of Natural
Resources shall constitute an acceptance of the dedication on
behalf of the general public of the state. Thereafter, should the
CJf:u
for any reason convert all or any portion of the
property described in Exhibit "A" to other than recreational
e1t:p
without further contribution from the Florida Recreation Develop-
purposes, the
agrees to provide at its sole expense
ment Assistance Program a replacement project of comparable
quality and size to that which was converted to other purposes,
which replacement shall be in close proximity to the project and
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meet with the approval of the DEPARTMENT. In lieu of such
replacement, the
shall return to the DEPARTMENT
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the entire contribution from the Florida Recreation Development
Assistance Program.
10. Should the
elect to implement a user
citl1
fee system for
or for any recreational
Hoacils.1.n Lak. Park
facility within the boundaries of the project, the City
shall impose such fees uniformly upon all users without regard to
age, sex, race, other condition, or the political subdivision in
which the user may reside.
11. The DEPARTMENT shall have the rights, through its
agents, servants, and employees designated for that purpose, to
inspect the site of the project and the facilities thereon. In
addition to the project inspections, which shall be conducted at
any reasonable time, the DEPARTMENT shall have access to all
financial records relating to the project and the right to audit
such records at any reasonable time which right shall be continuous
until such audit is completed without unreasonable interference
with the operation of any of the facilities thereon.
12. The
and the DEPARTMENT mutually agree
t!lf!V
to the following special terms and conditions incorporated as a
part of this agreement:
The City agrees to prov1de ~ Departaltn't with attendance r~ports at such time as the
Moccasin Lake Park 1. opened for use by the general publIc. Said attendance reports
shall be submitted to tha Department during the month of July of ascII year sne shall
provida attendance records for a one gear period begin.'1intJ on Ju1Vl, <'1M ending on
June 30 of the previous !'year, sucb .~erlod constituting one fiscal g9ar.
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IN WITNESS WHEREOF, the parties hereto have caused
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these presents to be executed by the officers or agents thereunto
lawfully authorized.
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
~~~i!"~ed~~~
Elton J. Gissendanner
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Executive Director
------TEs Ageiil::--foruEhis Purpose
Attest :fl\~ d "" ~rR,SCJY"Y'---
Effective Date: ~ 'Z jqSr)
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CITY OF CLEARWATER, ~
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Ci~ ~a.<cna~er
Title' . ., ...;
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Purpose
Attest:
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City Clerk
APPROVED AS TO
fORM AND LEGALITY
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O.R, 5111 PAGE 1167
MOCCASIN LAKE PARK
EXHIBIT A
From the Northwest corner of the Southwest ~ of the Northwest ~ of Section 8,
Township 29 South, Range 16 East, Go S 890 35' 27" E, along the North line of
the Southwest ~ of the Northwest ~ of said Section 8, 100.00 feet, to a point
on the East right-of-way line of U.S. 19, for a point of beginning; thence
continue S 890 35' 27" E, along said North line, 538.45 feet; thence N
040 42' 00" E, 575.75 feet; thence S 890 35' 27" E, 344.98 feet, to a point
on the Northerly extension of the West line of Orange Blossom Subdivision
First Addition, as recorded in Plat Book 68, Page 70, of the Public Records
of Pine lIas County, Florida; thence S 020 56' 27" H, along said West line,
514.64 feet, to the Southwest corner of Lot 9 of said Subdivision; thence
S 890 35' 27" E, along the South line of said Lot 9, 171.03 feet, to a point
on the '.Jest right-of-way line of Owen Drive; thence S 010 07' 04" W, along
said West right-of-way line 60.00 feet to a point on the Westerly extension
of the South line of Lot 8 of said Orange Blossom Subdivision First Addition,
said South line also being the North line of the Southwest ~ of the Northwest
~ of said Section 8: thence S 890 35' 27" E, along said South line of Lot 8,
189.75 feet, to the Southeast corner of said Lot 8, said point also being the
Northeast corner of the Southwest ~ of the Northwest ~ of said Section 8; thence
SOlo 10' 41" W, along the '''est line of the Southeast ~ of the Northwest ~
of said Section 8, 77.63 feet more or less, to the Southw~tcorner of Lot 16,
Block II, Virginia Groves Estates First Addition as recorded in Plat Book 47,
Pages 41 through 43, of the said public records; thence S 890 40' 59" E, along
the South line of said Lot 16 and its Easterly extension, 320.00 feet to a point
on the Southerly extension of the East line of Lot 12, Block 10, of said sub-
division; thence SOlo 10' 41" W, along said Southerly extension, 225.00 feet
more or less; thence S 890 01' 34" E, 420.78 feet, to a point on the West line
of Wood Valley Unit 2, as recorded in Plat Book 68, Page 45 of said public re-
cords; thence SOlo 11' 22" W, along said West line, 924.10 feet to a point
on the North right-of-way line of the Seaboard Coast Line Railroad; thence
N 810 05' 09" W, along said North right-of-way line, 747.58 feet, to a point
on the West line of the Southeast ~ of the Northwest ~ of said Section 8,
thence continue along said North right-of-way line, N 810 05' 45" H, 1250.68
feet to a point on the East right-of-way line of U.S. 19; thence along said
East right-of-way line by the following five courses, N 000 54' 45" E,
201.89 feet, thence N 890 05' 15" W, 10.00 feet; thence N 000 54' 45" E,
500.00 feet, thence N 890 05' 15" W, 10.00 feet; thence NOaa 54' 45" E,
232.94 feet, to the point of beginning.
10/22/80
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NOTICE OF LIMITATION OF USE
O. R. 5 111 PAGE ;11 6 8
The property identified in the attached grant agreement and project
boundary map has been acquired or developed with state financial
assistance provided by the Division of Recreation and Parks of the
Florida Department of Natural Resources in accordance with the
Florida Recreation Development Assistance Program. Pursuant to a
requirement of that program, this property may not be converted to
other than public outdoor recreation uses (whether by transfer, sale,
or in any other manner) without the express written approval of the
Executive Director of the Department of Natural Resources. By law,
the Executive Director shall approve such conversion only if he finds it
to be in accord with the then existing comprehensive statewide outdoor
recreation plan and only upon such conditions as he deems necessary
to assure the substitution of other recreation properties of at least
equal fair market value and of reasonably equivalent usefulness and
location.
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APR 22
Ex<<utive Director
April 10,
Mr. Anthony L. Shoemaker
City Manager
P. O. Box 4748
Clearwater, Florida 33518
4\'Y~
Re:
Dear Mr. Shoemaker:
Enclosed is a fully
!
Also, forward for Departmental approval the project's final plans
and specifications before the bids are advertised or force account
construction starts. After Departmental approval, the City must
execute the pre-construction certification and forward it to this
office. If the project is to be contracted out, a copy of the
bid advertisement, bid tabulation and proposed contract must be
sent to and approved by this Department prior to executing the
contract. When construction on the project begins, this Department
must be notified. The information packet which was sent with the
project approval letter explains these requirements in greater
detail.
Should you have any questions,pleasecontact me. Assuring you of
the Department's desire to be of continuing service, I remain.
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Sincerely,
Dh1~
DG:edh
cc: Ream Wilson
Don Gerteisen
Grants Coordinator
Bureau of Recreation Planning and
Local Assistance
Division of Recreation and Parks
DIVISIONS /
ADMINISTRATION. LAW ENFORCEMENT. MARINE RESOURCES
RECREATION AND PARKS. RESOURCE MANAGEMENT. STATE LANDS