SOVEREIGN SUBMERGED LANDS USE AGREEMENT US-52-164
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INST # 96-278994
OCT 10, 1996 3:34PM
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BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS USE AGREEMENT
NO. UA-52-164
BOT FILE NO. 522649203
THIS USE AGREEMENT is hereby granted by the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida, hereinafter referred
WITNESSETH: That for the faithful and timely performance of and
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to as the Grantor.
compliance with the terms and conditions stated herein, the Grantor does
hereby grant to City of Clearwater, hereinafter referred to as the Grantee, a use
agreement on, under and across the sovereign lands, if any, contained in the
1 i l-iFC();~J.aJi)wing legal description;
N..:.C7 (:';;2~~_-?...g.. .
C" ~~----
.,' ..' -:.;.::y'-'~' A parc71 of submerged land in Section ~2,
HE;': .3../...5.... Townsh~p 30 South, Range 14 East, and ~n
;.~~r'''.~~' 'S:, Section 07, Township 30 South, Range 15 East,
. ." in the Narrows/Intracoastal Waterway,
Pinellas County.
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TO HAVE THE USE OF the hereinabove described premises for the period
c';:c,_~e:9:~.:r:I!ling on August 4, 1995, the effective date of this use
il;,A'-r~'-;'
"agreettlent, and ending on August 4, 2025. The terms and conditions
J. \ ..o.f.and for which this use agreement is granted are as follows:
.'1~O 1. The above described parcel of land shall be used solely f01: the
fill installation of a subaqueous natural gas main within Florida Department of
;tvT Transportation right-of-way for Road No. 688. Grantee shall not engage in any
activity except as described in the Department of Environmental Protection,
Environmental Resource Exemption Permit No. 522649203, dated February 13, 1995,
attached hereto as Attachment A, and made a part hereof, as well as the Florida
Department of Transportation Utility Permit No. 94-14-799-0093, dated January 20,
1995, attached hereto as Attachment ~, and made a part hereof.
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. 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.
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~ U~ a: 5. This Agreement constitutes permissive use only and the placing of
~~?- .facilities and related structures upon public property pursuant to this Agreement
I- b:: ffj shall not operate to create or vest any property right in Grantee and shall not
C3 Co) ~~..:conflict with the conservation, protection and enhancement of said lands.
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g5 ~ 6. The Grantor, or its duly authorized agent, shall retain the right to enter
0- ~the property or to engage in management activities not inconsistent with the use
~Jherein provided for and shall retain the right to grant compatible uses of the
~roperty to third parties during the term of this Agreement.
4. 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.
7. 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.
[48]
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II PINELLAS COUNTY FLA.
OFF.REC.BK 9490 PG 408
8. 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. 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 of failure by the respective
staffs to resolve the conflict(s), the matter shall be referred to the Grantor for
final resolution.
10. 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. 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. 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. 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, FL 346~8
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. 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. 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.
16. 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.
17. 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 8 Pages
Use Agreement NO~A-52-164
II
PINELLAS COUNTY FLA.
~OFF.REC.BK 9490 PG 409
II
18. 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.
19. 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 8 Pages
Use Agreement No. UA-52-164
II
I PINELLAS COUNTY FLA.
OFF.REC.BK 9490 PG 410
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
lA
arolyn T mpson, Sen' r
Management Analyst II, Bureau of
Land Management Services,
Division of State Lands, Agent
for the Board of Trustees of the
Internal Improvement Trust Fund
Or~ginal Signatur
IIr/.tL tlA/ /0")
~ped/printed Name of Witness
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
~Th~ foregoing ins~y~ent was acknowledged before me this ~
_____ , 19~, by Carol n Thom Mana ement Anal
~s p sonally known to me.
D LEGALITY:
day of
II, who
Printed, Typed or Stamped Name
My Commission Expires:
Ii .,:;d~::;t;;:" LEIGH O'SHIELlEomm~
iI p ~~ "'f:~ MY COMMISSION' CC 4,r;s320
11 ";.i';;&~O':: EXPIRES: Apr.i 27. 1m
'J ":'J.jF(..t~~:;" Bonded Thm NotaJ)I PIlIlIi<; Und'llW'l'!>tlo
WITNESSES:
FLORIDA
uting Authority
Rita Garvey
Typed/Printed Name of Executing Authority
e::z,~_M ,;;;:< ~?
Original Signature
S v .$."",..... j., '-R / L '- , F'.J.
Typed/Printed Name of Witness
Mayor
Title of Executing Authority
. "GEAN,TEE "
ATTEST:
STATE OF
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cyn~a E. Goudeau, C~~YC_leik
..~ to'*--- day of
behalf of City of
COUNTY OF
.~ The foregoing instrument was acknowledged before me this
I ~~ , 19~, by Rita Garvey as Mayor, for and on
Clearwater. She is Eersonally known to me or who has produced
_, as identificat~on. ,~ --
My
CICGL~ cf. ~~v
Notary Public, State of '~
Ci
,ct ro I Y II L; 13 r,' f) k:
Printed, Typed or Stamped Name
Approved as to form and legal sufficiency:
J~:S-~-- ~-::istant City ;:~torney
Page 4 of 8 Pages
Use Agreement No. UA-52-164
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Department of
Environmental Protection
I
I PINELLAS COUNTY FLA.
OFF.REc.BK 9490 PG 411
Lawton Chiles
Governor
Virginia B. Wetherell
Secretary
February ~3, ~995
City of Clearwater
c/o John E. Harter, P.E.
Tampa Bay Engineering
~8~67 U.S. ~9 North, Ste. 550
Clearwater, FL 34624
Dear Mr. Harter:
File No. 522649203
This is to acknowledge receipt of your application, File No.
522649203, on October ~3, ~994, for a permit to construct a
subaqueous, 4 inch natural gas main crossing via directional
drilling outside waters and wetlands of the state on the
intercoastal waterway at S.R. 688, Sections 7 and ~2, Township 30
S, Range ~4 and ~5 E, in Clearwater, 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 62-312.030, 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 be 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
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"Protect. Conserve and Monag'~ Flondo ': Envlronnll:ril Qnd /'Jowm/ Rc::ofJrcf::"
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Attachrrent A
Page 5 of 8 Pages
Use Agreement No. UA-52-164
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Page Two
City of Clearwater
PINELLAS COUNTY FLA
OFF.REC.BR 9490 PG 4i2
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:
(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;
(b) A statement of how and when each petitioner received
notice of the Department's action or proposed action;
(c) A statement of how each petitioner's substantial
interests are affected by the Department's action or
proposed action;
(d) A statement of the material facts disputed by the
petitioner, if any;
(e) A statement of facts that the petitioner contends
warrant reversal or modification of the Department's
action or proposed action;
(f) A statement of which rules or statutes petitioner
contends require reversal or modification of the
Department's action or proposed action; and
(g) 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 become 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 stat~tes and to participate as a party to this
Attachrrent A
Pa<;re 6 of 8 Pages
Use Agreement No. UA-52-164
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Page Three
City of Clearwater
PINELLAS COUNTY FLA.
OFF.REc.BK 9490 PG 413
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,
-1JoI /.-{;dt,
Bob Stetler
Environmental Administrator
Submerged Lands and
Environmental Resources Program
RS/er
cc: Corps of Engineers
"
,Attachrrent A
Page 7 of 8 Pages
Use Agreement No. UA-52-164
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~ ATE OF F~ORIOA DEPARTMENT OF TRANSPOflT A TION
l UTILITY PERMIT '
t, ~PJ"nc. with .~p.l.r 337. florid. StatuI..)
ATE Seotembpr 7 I 1 qqa '
UBJECT: Section 15120 State Road
::RMITTEE Cl earwater Gas Syst~m
DDRESS 400 North Mvrtle Avenue. (1 earwater '
~C::^I'I'\.:r'("~ ~ - FORM ~92.03
/ ::::>y UTILITIES
j I L. OJ O~/90
PERMIT NO. CJ<-{ . Ii --)"';7 - 0093
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688
County
Pinpl1aCi
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MP 1 9RM-, ~tMtion 104+RFl
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Telephone Number
813/462-6630
equesting permission from the State of Florida Department of .Transportation. hereinaller called the Department. to construct,
:>erateandmaintain 4-Inch Natural Gas Maln 1(pf JJ 0 T :!:Qu-1c;r.
:.om MP/Station MP 0.042. Station 43~45 to MP/Station
3, Proposed work is within corporate limits of a municipality, Yes (X) No ':
-; Name of Municipality (i t Y of I a rg 0
!. Applicant declares that prior to filing this application he has ascertained the location of all existing utilities. both aerial
and underground and the accurate locations are shown on the plans. '
~ A letter of notification was mailed on ' 9/7/94 ; to the following utilities/municipalities.
= GTF Florini'! Tor, Florirlfl Powpr rnrpnri'ltinn. rity nf I flrgn, Pinplhc:: rnllnty
~~ Wi'ltpr ~ ~pwpr npri'lrtmpntc::. PpoplpCi hi'!C; ~yc;tpm, Vic;inn rtlhlp nf Pinplli'!Ci,
":l ':; Prlrrlgon ri'!hl p
;a, ~The office of the local Maintenance or Resident Engineer shall be notified twenty-four (24) hours prior to starting work
:5 ~and again immediatel}' upon completion of work. T~eEngineer is B. A. Bennett . located at La rQ n ,Telephone
:> oNumber 813/510-5101 ,'.."
~. 0 All work, materials. and equipment shall be subject to inspection by the local Maintenance or Resident Engineer and
: ~shall meet Depa'rtment standards,
~. ~ All Department property shall be restored to its 'original condition as far as practical, in keeping with Department specifications.
~ r-...and in a manner satisfactory to the Department.' . : ' . ,
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? ',SAII installations shall conform to the Department's 'Utility Accommodations Guide in effect the date permit is approved.
-2.5Plans of this installation shall conform to the Department's Utility Accommodations Guide and shall be made a part of
this permit. - " . . ,
g; This permittee shall commence actual construction in good faith.within 90 days from the day of said permit
~ approval and shall be completed within 180 days. If the beginning date is more than 60 days from date of
6
"po.. permit approval, then permittee must review the permit with the D.O.T. Maintenance Engineer to make sure no changes
'::?. have occurred in the highway that would affect the permitted construction,
9; The construction and maintenance of such utility shall not interfere with tre property and rights of a prior permittee.
co
~ It is expressly stipulated that this permit is a license for permissive use c.nly and that the placing of facilities upon public
0: property pursuant to this permit shall not operate to create or vest any pro:.>erty right in said holder.
~ Whenever necessary for the construction, repair, improvement, maintenance, safe and efficient operation, alteration or
~ relocation of all, or ant p.,ortion of ~~-highway as determined by the District Director of Operations, any or all of facilities
and appurtenances aut~€c8\VhJb!Jer, shall be immediately removed from said highway or reset or re!ocated thereon
g as required by the District Director of Qperat.i,ons an~, at the expense of 1I1e permittee unless reimbursement is aulhorized
~ by separate agreemenl.O C1 , , 199tt '.
L:: It is agreed that in the event the reloca.N?p.~f said utility facilities are scheduled to be done simultaneously with lhe
r: Department's conolt..~\ien9"cMAINlQ:N~~kee will coordinate with the Department before proceeding, shall cooperate
,g with the Departmehll~ e5nliactor to arrange the sequence of work so as not to unnecessarily delay the work of the Department's
. u: contractor, defend any legal claims - of the' Department's contractor duE' to delays caused by the permittee's failure to
~.S: comply with the approved schedule, and shall comply with all provisions of the law and Rule 14-46, Florida Administrative
. Code. The Permittee shall not be responsible for delays beyond its normal control.
~~ Special conditions:
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J.~ Special instructions:
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~! It is understood and agreed that the rights and privileges herein set out are granted only tcF~~lclit~I~~'S
g ~ right, title and interest in the land to be entered upon and used by the permittee, and the permittee will, at all limes,
@ ~ assume all risk of and indemnify, defend, and save harmless the State of Florida and the Department from and against
~ c any and al/ loss, damage, cost or expense arising in any manner on ac.::;ount of the exercise or attempted exercises by
~i said permittee of the aforesaid rights and privileges.
}<... During construction, all safety regulations of the Department shall be observed and the holder must take measures, including
,,8 placing and display of safety devices, that may be necessary in order to safely conduct the public through the project
~~ area in accordance with the Federal manual on Uniform Traffic Control Devices (MUTCD), as amended, and the Deparlment's
::; ~ lalesl Roadway and Traffic Design standards.
Wg. In case of non-compliance wilh lhe Department's requirements in effect 8S of the approved dale of lhis permit,this permit
~ ~ is void 'and the facility will have to be brought into compliance or removed from the R/W at no cost to the Department.
~ ~Ubmilted by: F:lace CorporC',le Sf'al Attachm2nt B
Page 8 of, 8 Pages
Use Agreement No. 0A-52-1,
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SEE ,ATTACHED SHEET
R E <.; E 1 \/ E D
.JAM 2 3 19~5
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"tit
~ ~ "Waiver of Corporate Seal on File with the Stale of Florida Department of
'<<::li'" ~ Yes ( ) No ( )
6~ Roadw~yconstructionisproposedorunderway. No ( ) Yes (xl W.P.I.No. 711711(-; 7If~-b4J
9~ Reco~edlo'app;oval g~~" Hie E~'M,,""'..-e=:Dale /-]-?F
.~"_Y->I"_' - ~. Rrovedby: ~;Z~ Dale-1L...z..o/'1(-
~ {/1J/ District Permit Engineer or Authorized RepresentatIve
'1" ' ~ '!"-
on, T<Jilahas~.ee, Florida,
7 II 7 f 0'1
1/17/0"(
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Department of
Environmental Protection
Lawton Chiles
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Virginia B, Wetherell
Secretary
April 16, 1996
Clearwater Gas System
c/o John E. Harter, P.E.
Tampa Bay Engineering, Inc.
18167 U.S. 19 North, Suite 550
Clearwater, FL 34624
Tampa Bay Enginefiring, Inc, I CLW. FL
I File g~_- O~ . 4 ct
G F l':l C -I'R ."C. / 0
APR t 8 1996
Dear Mr. Harter:
~.:Vd:m/c-
~
Use Agreement No. UA-52-164
BOT File No. 522649203
Grantee: City of Clearwater
Enclosed is a fully executed use agreement for your client's records.
Any future correspondence or inquiries should be directed to the Bureau of Land
Management Services at the letterhead address (directed to Mail Station No. 130) or
at 904/488-2291 since that entity will now be responsible for administering your
account.
Thank you for your assistance and cooperation in this matter.
~~
Deborah Trim, Planner II
Submerged Lands Section
Bureau of Land Management Services
/dt
Enclosures
cc: City of Clearwater
Leigh O'Shields
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper,