SOVEREIGN SUBMERGED LANDS USE AGREEMENT UA-52-145
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I INST # 95-099388
APR 27, 1995 4:48PM
I PINELLAS COUNTY FLA.
OFF.REC.BK 8976 PG 1340
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BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS USE AGREEMENT
Use Agreement No. UA-52-145'
BOT FILE NO. 522492133
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 the City of Clearwater, hereinafter referred to as the Grantee,
a use agreement on, under and across the sovereign lands, if any, contained in
the following legal description;
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11 RECORDiNG
ACeT InaQ1.D
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"EES
A parcel of submerged land in section 17, Township 29 South,
Range 15 East, in Clearwater Pass ,--pInellas County.
TO HAVE THE USE OF the hereinabove described premises for the period
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~~3rCDJ. 1. The above described parcel of land shall be used solely for two
~suba~eous water mains, one subaqueous force main, and a subaqueous gas line
with~n Dedication No. 23445, granted to the City of Clearwater, dated
August 26, 1963. Grantee shall not engage in any activity except as described
in the Division of Environmental Resource Permitting, Exemption No. 522492133
dated May 2, 1994 , attached hereto as Attachment ~, and made a part hereof.
-- beg inning on
september 2, 1994 , the effective date of this use agreement, and
- ending on
september 2, 2024 .
The terms and conditions of and for which this
__ use agreement is granted are as follows :
2. The consideration for this Agreement shall be an amount as determined
by the rule establishing fees for the use provided for herein. Once the rule is
adopted, payment shall be remitted to the Grantor according to the rule. The
established fee shall be assessed from the effective date of the subject rule.
3. 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.
4. This 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.
5. 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.
6. 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.
7. 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.
t(!;
RETURN TO:
CIT'itlERK
POST OFFICE BOX 4748
CLEARWATER, FL 34618-4748
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I PINELLAS COUNTY FLA.
~F.REC.BK 8976 PG 1341
8. Any inequities that may subsequently arise as a result of this
Agreement shall be subject to negotiation upon written request of either party
h~reto, and the parties agree to negotiate in good faith. In case of failure by
the respective staffs to resolve the conflict(s), the matter shall be referred
to the Grantor for final resolution.
9. 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.
10. 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.
11. 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.
12. 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
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.
13. 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.
14. Renewal of this Agreement is at the sole option of the Grantor. Such
renewal shall be subject to the terms, conditions and provisions of current
management standards and applicable laws, rules and regulations in effect at that
time. In the event that Grantee is in full compliance with the terms of this
Agreement, the Grantee shall be allowed a 30-day grace period after expiration
of this Agreement to apply in writing for a renewal. If the Grantee fails to
apply for a renewal within the grace period, or in the event the Grantor does not
grant a renewal, the Grantee shall vacate the premises and remove all structures
and equipment occupying and erected thereon at its expense.
15. 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 12 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. 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.
Page 2 of 7 Pages
Use Agreement ~UA-52-145
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lINELLAS COUNTY FLA.
OF .REc.BK 8976 PG 1342
17. 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. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures,
shall be erected or conducted on or over sovereignty, submerged lands without
prior written consent from 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 fines under
Chapter 18-14, Florida Administrative Code. If emergency repairs should have 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 3 of 7 Pages
Use Agreement ~UA-52-145
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J PINELLAS COUNTY FLA.
~FF.REc.BK 8976 PG 1343
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
BY ('~~~~
Carolyn Th pson, Senio
Management Analyst II, Bureau of
Land Management Services,
Division of State Lands, Agent
for the Board of Trustees of the
Internal Improvement Trust Fund
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
LEiGH O'SHIELOS'
Printed, TYPeHotlnl ~
M Commiss~CClB'(Jl.u~i~vJires Aptit.18,199S;
y 6o'i:t'~1M; 'Troy toill. W..OI\Qt Jnr.
Commission/Serial No. Q,e/96A/t:,
City of Clearwater
Grantee
(SEAL)
BY
Orig~nal Signature of
ng Author~ty
Rita Garvey
Typed/Printed N&ue of Witness
~gn?urj1.,.~. ~
Cynthia E. Goudeau
Typed/Printed Name of Witness
--
Elizabeth M. Deptula
Typed/Printed Name of Executing Authority
Mayor (City Manager)
Title of Executing Authority
"GRANTEE"
STATE OF
FLORIDA
PINELLAS
COUNTY OF
My Commission Expires:
CAROLYN L. BRINK
Nl3tary P"h!' . "t~lte of Florida
My comm. (~,:,-,~''''S May 22, 1995
Comm. No. CC 111741
Commission/Serial No.
d)'/'#....
C~,..ol'ln L. 13r,'",k...
Printed, Typed or Stamped Name
Page 4 of 7 Pages
Use Agreement No. UA-52-145
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J PINELLAS COUNTY FLA.
6!Tm.~ Florida Department of 1.~~~~~_c_.~~_~97~__PG-=34~
.~~'.:- E.nvironmentalc'Protection
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Lawton Chiles
Governor
C Southwest District
3804 Coconut Palm Drive
Tampa, Florida 33619
813-744.6100
Virginia B. Wetherell
Secretary
May 2, 1994
lCj cJ2)
(, f /$ OltPtJ. .
City of Clearwater
c/o Thomas c. White, P.E.
David Volkert & Associates Inc.
3409 West-Lemon street, suite 1
Tampa FL 33609
FILE NO: 522492913
COUNTY: Pinellas
RECEIVED f~,[Y 1 1 1994
Dear Mr. White:
This' is to acknowledge receipt of your application, File No.
522492913, on January 18, 1994, for a permit to install two water
mains, a force main, and a gas line beneath waters of the state,
drilling from uplands to uplands, in Clearwater Pass, at Gulf
Blvd - Clearwate~ Pass, Clearwater, in Section 17, Township 29
South, Range 15 East, in Pinellas County.
At this time no permit is required by this department for your
project. Any modifications in your plans should be submitted for
review, as changes might result in permits being required. This
letter does not relieve you from the need to obtain any other
permits (local, state or federal) which might be required. The
construction project described above, and as shown on all
application material, does not require a dredge and fill permit
from DEP since none of the proposed activity is within waters of
the state as described in Chapters 403 & 373, Florida Statutes
and Rule 17-312.030, Florida Administrative Code. .
A person whose substantial interests are affected by the
Department's proposed decision may petition for an administrative
proceeding (hearing) under Section 120.57 of the Florida Statues.
The petition must contain the information set forth below and
must he filed (received)' in the Office of General Counsel of the
Department at 2600 Blair Stone Road, Tallahassee, Florida
32399-2400. Petitions filed by the permit applicant and the
parties listed below must be filed within fourteen days of
receipt of this intent. Petitions filed by other persons must. be
filed within fourteen days of publication of the public notice or
within fourteen days of their receipt of this intent, whichever
first occurs. (The petitioner shall mail a copy of the 'petition
to the applicant at the address indicated above at the time of
Attachment A
Page 5 of 7 Pages
Use Agreement Nv. UA-52-145
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I PINELLAS COUNTY FLA.
orF.REc.BK 8976 PG 1345
City of Clearwater
Page Two .
File No: 522492913
filing.) Failure to file a petition within this time period
shall constitute a waiver of any right that such a person may
have to request an administrative determination (hearing) under
section 120.57 of the Florida statutes.
The Petition shall contain the following information:
(b)
(c)
(d)
(e)
(f)
(g)
(a)
The name, address, and telephone number of each
petitioner, the applicant's name and address, the
Department file number, and the county in which the
proposed project would be located;
A statement of how and when each petitioner received
notice of the Department's action or proposed action;
A statement of how each petitioner's su~stantial
interests are affected by the'Department's action or
proposed action;'
A statement of the material facts disputed by the
petitioner, if any;
A statement of facts that the petitioner contends
warrant reversal or modification of the Department's
action or proposed action;
A statement of which rules or statutes petitioner
contends require reversal or modification of the
Department's action or proposed action; and
A statement of the relief sought by petitioner, stating
precisely the action that the petitioner wants the
Department to take with respect to the Department's
action or proposed action.
If a petition is filed, the administrative hearing process is
designed to formulate agency action. Accordingly, the
department's final action may be different from the position
taken by it in this notice, Persons whose substantial interests
will be affected by any decision of the Department with regard to
the application have the right to petition to ~ecome a party to
the proceeding. The petition must conform to the requirements
specified above and be filed (received) within fourteen days of
receipt of this notice in the Office of General Counsel at the
Department's address set forth above. Failure to petition within
the allowed time frame constitutes a waiver of any right that
such a person has to request a hearing under section 120.57 of
the Florida statutes and to participate as a party to this
Attachment A
Page 6 of 7 Pages
Use Agreement No. UA-52-145
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PINELLAS COUNTY FLA.
IO~~ :RE~BK_ 89~~ __~ 13~~.
City of Clearwater File No:
Page Three
522492913
proceeding. Any later intervention will only be at the approval
of the presiding officer on motion filed under rule 28-5.207,
F.A.C.
If you have any questions,' please contact Ken Huntington (Ext.
.330) of this office. When referring to this project, please use
the file number listed above.
sincerely,
43v1..g~
Bob Stetler
Environmental Administrator
Water Management
RS/msb
cc: Corps of Engineers
.0 I
Attachment A
Page 7 of 7 Pages
Use Agreement No. UA-52-145
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