SOVEREIGN SUBMERGED LANDS USE AGREEMENT UA-51-380
Department of
Environmental Protection
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Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
February 14,2002
David B. Struhs
Secretary
COPIES TO:
Cor.~MISSION
City of Clearwater
Attn: Mr. Brian Aungst, Sr.
Post Office Box 4748
Clearwater, Florida 34618-4748
F E B 2 5 2002
Use Agreement No. UA-51-380
BOT No. 510223133
Grantee: City of Clearwater
PRESS
CLERK / ATTORNEY
Dear: Mr. Aungst,
Enclosed is a fully executed Use Agreement for your client's records.
If you have any questions, please feel free to contact me at (850)488-2297. Any future correspondence or
inquiries should be directed to this office at the letterhead address (Mail Station No.125) or at (850)488-
2297.
Thank you for your assistance and cooperation in this matter.
#r:~fttdf
Michelle Brady, Records Management Analyst
Bureau of Public Land Administration
Division of State Lands
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Enclosures (0 DO I \ Ob \ ~
DEP, Southwest District
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"More Protection, Less Process"
Printed on recycled paper.
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This Instrument Prepared By
Jeff Gentry
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS USE AGREEMENT
NO. UA-51-380
BOT FILE NO. 510223133
PA NO. 51-01779393-001
THIS USE AGREEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida, hereinafter referred to as the Grantor.
WITNESSETH: That for the faithful and timely performance of and compliance with the terms and
conditions stated herein, the Grantor does hereby grant to City of Clearwater. a political subdivision of the State of
Florida, hereinafter referred to as the Grantee, a use agreement on, under and across the sovereign lands, if any,
contained in the following legal description;
A parcel of submerged land in Section M,
Township 26 South, Range 16 East, in AncIote River,
Pasco County.
TO HAVE THE USE OF the hereinabove described premises from February 13.2001, the effective date of
this use agreement. The terms and conditions of and for which this use agreement is granted are as follows:
1. USE OF PROPERTY: The above described parcel of land shall be used solely for the installation of a
public utility natural gas pipeline within the Pasco right-of-way for County Road No. HLittle Road). Grantee shall not
engage in any activity except as described in the Department of Environmental Protection, Environmental Resource
Permit No. 51-01779393-001, dated February 13. 2001, and the Pasco County Right-of-Way Use Permit No.23386,
dated November 29.2000, incorporated herein and made a part of this use agreement by reference. All of the foregoing
subject to the remaining conditions of this Use Agreement.
2. USE AGREEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the
amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay
all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date
provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be
prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective.
3. MAINTENANCE RESPONSIBILITY: Whenever it should become necessary or desirable for the Florida
Department of Transportation or such local governmental entity having maintenance responsibility, to repair, improve,
or perform maintenance, make alterations or relocate all or any portion of the Grantee's structures as determined by the
Florida Department of Transportation or the local governmental entity, any or all facilities and related structures
authorized hereunder shall be immediately removed, reset or relocated as required by the Florida Department of
Transportation or the local governmental entity and at the expense of the Grantee.
4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United
States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this
Agreement.
5. PROPERTY RIGHTS VESTED IN GRANTOR: Agreement constitutes permissive use only and the
placing of facilities and related structures upon public property pursuant to this Agreement shall not operate to create or
vest any property right in Grantee and shall not conflict with the conservation, protection and enhancement of said lands.
6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE PROPERTY: The Grantor, or its duly
authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with
the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the
term of this Agreement.
[48]
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7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the
works and operations of the Grantee in any matter pertaining to this Agreement.
8. RIGHT TO TERMINATE: Should a need of greater public benefit and use arise as determined by Grantor
in its sole discretion, the Grantor shall have the right to terminate this Agreement. At such time, the Grantor shall issue
written notification to the Grantee stating the effective date of such termination.
9. RESOLUTION OF ANY INEQUITIES: Any inequities that may subsequently arise as a result of this
Agreement shall be subject to negotiation upon written request of either party hereto, and the parties agree to negotiate
in good faith. In case offailure by the respective staffs to resolve the conflict(s), the matter shall be referred to the
Grantor for fmal resolution.
10. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of
every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the
negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be
construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section
768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims
11. VENUE: Grantee waives venue as to any litigation arising from matters relating to this Agreement and any
such litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida.
12. ASSIGNMENT OF USE AGREEMENT: This Agreement shall not be assigned or otherwise transferred
without prior written consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior
written consent of the Grantor shall be null and void and without legal effect.
13. TERMINATION: The Grantee, by acceptance of this Agreement, binds itself, its successors and assigns,
to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants
of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and
conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this
Agreement may be terminated by the Grantor upon 30 days written notice to Grantee, and Grantee shall immediately
remove all equipment and structures erected on the property herein at Grantee's expense. All costs, including attorneys'
fees, incurred by the Grantor to enforce this provision shall be paid by the Grantee. All notices required to be given to
Grantee by this Agreement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the
following address:
City of Clearwater
Post Office Box 4748
Clearwater, Florida 34618-4748
The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the
change is effective.
14. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to
the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of
every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property
during the effective period of this Agreement which result from the existence of this Agreement or the activities of
Grantee hereunder.
15. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said
structures and equipment occupying and erected upon the premises after expiration or cancellation of this Agreement,
such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may
sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee
at the address specified in Paragraph 13 or at such address on record as provided to the Grantor by the Grantee.
However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and
regulations including the right to compel removal of all structures and the right to impose administrative fines.
16. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to
enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a
discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal
thereof or in the event of subsequent breach or breaches.
17. AMENDMENTS/MODIFICA TIONS: This Agreement is the entire and only agreement between the
parties. Its provisions are not severable. Any amendment or modification to this Agreement must be in writing and must
be accepted, acknowledged and executed by the Grantee and Grantor.
18. ADDITIONAL STRUCTURES OR ACTIVITIESIEMERGENCY STRUCTURAL REPAIRS: No
additional structures shall be erected and/or activities undertaken, including but not limited to, dredging,
relocation/realignment or major repairs or renovations made to authorized structures, on, in or over sovereignty,
submerged lands without the prior written consent of the Grantor, with the exception of emergency repairs. Unless
specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized, and a
violation of Chapter 253, Florida Statutes, and shall subject the Grantee to administrative fmes under Chapter 18-14,
Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health, safety
or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such
emergency activities shall not exceed the activities authorized by this agreement.
Page -L of _ Pages
Use Agreement No. UA-51-380
00
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Original Signature
Su.>04).~~~"
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEME RUS FUND OF THE STATE
OF FLORID
. (SEAL)
7~W~
OriIS;gna"", 1\,
h qr.u1~ Vc.-VI S
Print/Type Name of Witness
BY:
Acey L. Stins ,
Manager, B u of Public Land Administration,
Division of State Lands, Department of Environmental
Protection, as agent for and on behalf of the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instnrment was acknowledged before me this e
Ace L. Stinson erations and Mana ement Consultant Mana er Bureau of Public Land A
Lands. Department of Environmental Protection. as agent for and on behalf of the Board of Trustees
Tmst Fund of the State of Florida. He is personally known to me.
N
,2~by
stration Division of State
f the Internal Improvement
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
Page -.-L of ~ Pages
Use Agreement No. 510223133
44
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COUNTY OF PINELLAS )
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The foregoing instrument was acknowledged before me this :2 3 day of ~
Brian J Aungst, Mayor-Commissioner of the City of Clearwater. Florida, who is personal known to me.
/:d H ~yf; VI' e t M rAt 0 r
CQ~ ;('. ~
Notary Public, tate of ~
Ca,rol"" L. 6r/nk
Printed, Typlrl or Stamped Name
Approved as to form:
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STATE OF FLORIDA
My Commission Expires:
Commission/Serial No.
NOfMY "little. BTAT!! 01' I'lO~
C"'l'Il 'VN I RRINK
eGMMlHlOH" CC8304678
."'1Re1 6/22/2003
jjl:lHfieD tH~U AlA 1-888-NOTARYl
City of Clearwater, Florida
BY~i!~\..c. "]I:
illiamB. Horne II .
City Manager
Attest:
LESSEE
, 20 0 :l, by
STATEOFFLORlDA )
COUNTY OF PINELLAS )
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The foregoing instrument was acknowledged before me this ;>3 day of
William B. Horne II, City Manager of the City of Clearwater. Florida, who is personally kno to me.
My Commission Expires:
Commission/Serial No.
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EXPIRES sli2l2003
rOHOEO THliu AS)i 14!GS"NOTARYl
Page ~ of ~ Pages
Use Agreement No. 510223133
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, 206:2 , by
elL<.J. ot._~
Notary Public, State o~ . ~
CCM-tJ/yn L. "Br/nk
Printed, Typed or Stamped Name