Loading...
LICENSE AGREEMENT BETWEEN SOUTH WEST FLORDA WATER MANAGEMENT AND PNELLAS ANCLOTE RIVER BASIN- ALLIGATOR CREEK ~ : I I -:' - /, . :...?J/l, tI ,'" .,. l / I /-;(.( e--l'.-- J.'~"___~'<'/~~< t. __~>'f_ 1 LICENSE AGREH1ENT 8EnJEEN SOUTHWEST FLORIDA WATER ~1ANAGH1ENT DISTRICT AND PINELLAS-ANCLOTE RIVER BASIN, AND THE CITY OF CLEARWATER FOR THE DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE OF THE ALLIGATOR CREEK WATER MANAGEMENT PROJ.ECT THIS LICENSE AGREEMENT, Made and Entered into this 9th day of September, 1980 by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, and the PINELLAS- ANCLOTE RIVER BASIN, a subdivision of the Southwest Florida Water Management District, hereinafter collectively referred to as "District," and the CITY OF CLEARWATER, a public body corporate, hereinafter referred to as "City, II WIT N E SSE T H: WHEREAS, the City has requested assistance from the District in the acquisition of lands required for the construction of the "Alligator Creek ~~aterManagement Project, II hereinafter. referred to as the "Projectll; and, ~JHEREAS, the City has formally submitted this request in the form of a Resolution passed by the Clearwater City Commission on June 5, 1980 (Resolution No. 80-68), a copy of which is attached hereto; and, WHEREAS, the City has prepared a Preliminary Feasibility Report for the Project, a copy of which is attached hereto; and, VJHEREAS, the District has approved financial participation in the Proj ec t based upon the i nforma ti on conta; ned ; n the Pre 1 i mi na ry F eas i - bil i ty Report to the extent of acqu i ri ng the certa in real property, which is generally described in Exhibit A, attached hereto and made part hereof; and, WHEREAS, the parties hereto have reached an understanding as to the design, construction, operation and maintenance of the Project; NOW, THEREFORE, in cons i dera ti on of the mu tua 1 covenan ts and .1 ;. \ 1 1. It is understood and agreed that this is a license agreement in which the City shall acquire no right or title in the project lands; ""'--_,_,.,_,_.___,....._.__"__..^'~." ___" "_"~'''.' ,r ,,_.-~- and the term of this license subject to the availability of funds shall be from year to year or until the same is terminated as provided in this -----------'- ,." document. 2. The District agrees subject to and provided it does not exceed the budgeted amount (FY 80...81) for the Project lands, to acquire through purchase or condemnation, the real property generally described in Exhibit A,attached hereto. The parties agree that, 'Jpon theacquisi- tion of said unacquired property by the District, said property shall be i nc 1 uded as property covered by the terms and cond; ti ons of thi sl icense. Said property shall not be available to the City for its use until it received written notice from the District that the right to the use and possession of said property has been acquired by the District. Said notice shall include a descrtption of that portion of said lands which may be used by the City for Project purposes, as herei nbefore provi ded. 3. The City agrees to be solely responsible for the design and construction of the Project as outlined in the Preliminary Feasibility Report, and to complete all design and construction of the Project in accordance with plans and specifications duly approved, in writing, by the District within three (3) years after the real property described in Exhibit A has been acquired by the District. 4. The City shall be solely responsible for the perpetual maintenance of the Project and related improvements. 5. The City agrees to ad~E~ with in one (1) yea r from the da te of this license, a comprehensive flood plain management ordinance within its corporate limits to prevent further encroachment by development within the natural flood plain of Alligator Creek; and will encourage Pinellas County to adopt a flood plain management ordinance within the unincorporated areas of the watershed. 6. The City shall be responsible for obtaining all Federal, State and Local permits required for implementation of the Project. 1 , 8. The City shall be responsible for design and construction of all on-si te stormwater management improvements of the Project as out- lined in the Preliminary Feasibility Report attached hereto, and as designed by the City's Engineering Division. The City shall complete construction of the on-site stormwater management improvements (retention ponds, control structure and channel improvements) within three (3) years after the real property described in Exhibit A has been acquired by the District. In the event the water management improvements of the Project are not totally constructed within three (3) years after the District has both acquired the Project lands and provided the City with written notice allowing the City to proceed with Project implementation, the City agrees to repurchase at the District's actual costs those lands acqui red for the flood contro 1 purposes of the Project but not used for said purposes. 9. In case of default or unsatisfactory performance by the City under the terms of th is 1 i cense, the Di s tri c t may proceed to termi na te said instrument as follows: (a) The District shall submit to the City a written notice, setting forth specific acts of default or unsatisfactory performance. (b) Within thirty (30) days following receipt of such notice, the City may request an opportunity to be heard concerning the complaint, or it may remedy the act of default or unsatisfactory performance to the satisfaction of the District. (c) After such hearing has been requested, as provided in Section 9(b) above, the District shall determine whether the default or unsatisfactory performance merits termination of this lic:ense. (d) Should the District determine that the default or unsatis- factory performance merits termination of the license, the District shall notify the City of its determination, in ) , (e) Should the City neglect to remedy the default or unsatis- factory performance within the period designated by the District, the District may then declare the document finally termi na ted, setti ng an effecti ve date determi ned to be proper in the public interest. Upon termination of the license, the City shall, within a period not to exceed sixty (60) days thereafter, transfer or assign to the District or a third party acceptable to the District, its equity in the improve- ments and facilities in the Project. In the event the City shall fail to transfer or assign suchif11l:lrovements or facilities within such period, the same shall automatically, without cost to the District, become the absolute property of the District. 10. The City will provide sufficient personnel to properly main- tai n and protect the Project area and appurtenances. The City will be in charge of the Project and will operate and maintain the Project, subject to the approval of the District, according to City policy, prevailing State and local laws and regulations, and the following specific: requirements: (a) Subsequent to pr,eparing a District-approved development master plan, the City may construct additional permanent structures and facilities on those parcels of land described in Exhibit A, attached hereto, including buildings, foot trails, boardwalks to other areas of the property and other nature study/recreational facilities provided said construction plans have prior written approval by the District. The City, in implementing said construction, shall take due caution to avoid unnecessary cutting of trees or destroying the natural environmental beauty of the area. (b) The City shall have the right, during the term of this license, to erect such additional structures and to provide such equipment and materials upon the said premises as may be I , altered upon the premises unl essand until it has recei ved prior approval from the District in writing for said additions andlor alterations. (c) The City shall comply with all local , State and Federal laws, codes, requirements and regulations relative to con- struction, safety, sanitation, and obtain all required permits and licenses, and any other, otherwise pertaining to the Project which it operates on the real property described in Exhibit A, attached hereto. (d) The City acknowledges that the lands described in Exhibit A, attached hereto, are in the proposed Project, and that any buildings and structures that are now located on the said property or whi ch wi 11 be cons tructed by the Ci ty on the property may be subject to flooding because of natural water conditions or because of water management operations. (e) The City wi 11 be a 11 owed to recover some of its cos ts associated with the construction of the Project by allowing private contracting companies to excavate the proposed storm- water storage areas to the design contours in eXChange for the fill obtained from those excavations, provided all, or part, of this fill has not been previously committed as a result of negotiations with landowners during the acquisition of the Project lands. 11. The City further acknowledges that it has examined the Project and has satisfied itself as to the general and local conditions, particularly those bearing upon availability of water, electrical power, communications, roads for access facilities; failure on the part of the City to acquaint itself with all of the avanable information pertaining to the Project will not relieve it from the responsibilities of using, operating and maintaining the site for the uses and purposes of the Project. The ,. f I ,"',", . 12. The City agrees as provided by law, to defend, indemnify and save harmless the District, its officers, agents, servants and employees from all suits, claims, actions or proceedings brought by anyone due to injury, damage or loss of any kind incurred while upon the property by invitation or arising out of an act or omission of the City, its employees or agents in its operation of the Project. However, nothing in this license is intended or should be construed as a waiver of sovereign immunity enjoyed by the parties signatory hereto, as provided by 9768.28 Flori daSta tutes. 13. The right is reserved to the District, its officers, agents and assigns, to enter upon and travel through and across the property described in Exhibit A after said property is acquired by the District at any time, to inspect said property and the City operations under this document to insure strict compliance with the approved plans and terms of this license agreement; and for inspection, construction, maintenance, or for any other purpose. necessary or conveni ent, in connecti on wi th District work, and the City will have no claim for damages of any character on account thereof against the District or any officer, agent or assigns thereof. 14. The District shall have the right to enter upon the property described in Exhibit 'A after said property is acquired by the District at such times and places as it seems expedient for the purpose of inspecting the said property and also for the purpose of construction upon, over, through and in said property, rights-of-way, roads, canals, ditches and other works, for the purpose of travel, drainage or irri~ gation, or either thereof, which, in the judgement of the District, may be necessary for use in connection with the said lands owned by the District or in which the District may have any interest. Whenever and as often as any mechanic's lien is filed against the said premises, reported to be for labor or materials furnished, or to be furnished, to +ho 1';+" +ho rit" ",h::>ll rli<=rh::>Y"no tho C:.:lml'l nf ro!:ll"'nron within thirtv (30) 'I I 16. The City shall not do, or cause to be done, anythi ng whereby the water within or flowing through the Project will suffer unreasonable interference or quality degradation. 17. The City shall neither transfer nor assign this license, nor any part thereof,nor grant any interest, privilege or license whatsoever in connection with this license, without permission, in writing, from the District. The provisions of any sublicense shall be subject to prior written approval of the District. 18. The City shall not discriminate against any person or persons because of race, creed,color or national origin in the conduct of the Project on the sai d premi ses . 19. The City will not discharge, or permit to be discharged, any firoearms on the said premises. 20. The City will not discharge, or permit to be discharged, sewage or any type of effluent into the ...,aters of the Project. 21. The City shall not permit hunting and trapping on said premises. The City shall not permit or suffer any offensive use of the said premises or the commission of waste thereon, shall not conduct mining operations or drilling for oil or gas upon the said premises, shall not remove sand , gravel or ki ndred substance from the ground and shall not in any manner, substantially change the contour or condition of the said premises, unless approval, in writing by the District, is first had and obtained. 22. The City will use the premises and all rights and privileges herei n granted, to the extent needed in carryi ng out the true intent and purpose of th i s li cense . 23. The City shall assist, to the extent necessary, in the preser- vation of life and property in and upon the said premises. 24. The City shall have designed and constructed two (2) properly worded signs to be placed at the entrance to the Project and another sign at a site as later specified by the District. In addition to the < , . I , Prior to being placed at such locations, the signs and their wording shall be approved, in writing, by the District. 25. The City shall not construct anything in, on, or across the Project unless and until it ~omplies with the regulations for the protection of the "Works of the Oistrict" under Chapter 40D, Florida Administrative Code, and any and all pennits for construction thereunder must be applied for under the ususal procedures required by the District or as otherwise provided herein. 26. Notwithstanding any of the foregoing provisions of this license, theOistrict reserves to itself the absolute right to cancel this document at any time, upon sixty (60) days written notice to the City if, in the sole opinion of the District, the City.s use of said property conflicts or interferes, in any way, with the necessary and proper planning, construction and operation of the water management aspects of the Project, or if the lands within the project are desired to be used by the Oistrict for some other purposes. 27. Upon the termination of thi s 1 icenseagreement, except for cause as hereinbefore provided in Section 9 hereof, the City may remove from the premises all of the facilities which it may have constructed on said real property, provided that no damage is done to the real property; and provided further. that it shall not remove the buildings, equipment and appurtenances which are located on said premises at the expense of the District, whether or not constructed thereon at the date of the execution of thi s document. 28. All written notices which might be given to the District under this license agreement, shall be addressed to it at 5060 U.S. 41 South, Brooksville, Florida 33512. All written notices which might be given to the City under this license agreement shall be addressed to it at 112 S.Osceola Avenue, Clearwater, Florida 33515. 30. Should the City at any time violate the terms and conditions 9f this license aHreementJ and should the District be forced to Dlace . I ..'<:" I , thi s 1 i cense agreement in the hands of an attorney or attorneys to enforce the terms and condit; ons hereof, then the City hereby agrees to pay all costs and a reasonable attorney fee. IN WITNESS WHEREOF, the parties hereto have executed this license agreement the day and year first above written. Signed, sealed and delivered in the presence of: SOUTHWEST FLORIDA W4.TER MANAGEf1E~. 0 DM IICCTT BY~~ Chairman AtteS~h) c-- ,j~ Sec, etary ~ i \ ~/ ..-<''' , l ,- ~. . ._--"--~_. . /' '.':'-:.../~ ,(; <.( /' " .' . PINELLAS-ANCLOTE RIVER BASIN ,/ Ift]!i 1/ 0l ',fj BY ( (J'I'I/ \ !~tt tl/l / Chatrman Ex~Officio c..o.-/ /_.,., ;' '-' " /:...:.. '- -~-; ,...../...- (As to Distr;ct) (Seal) ~. '. "'. eL CITY. 0 CL RWATER, ~" _",. L . ~ .A!?-- <1-~ BY W' L~ /. (As to ity) (Sea 1) MLH:bh 8/28/80-2 /:? ~ Count"'~lgneCl.: ~ / O?""":" , -, / ~ .' ~ .....,-t. ~ ~, JAA'; l:f:;- ....: -;,,,~.t.I~.t.-J .,1. / -~., r ~.n~ .....'-' . Mayor-COmInlSS10ner