FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
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INST # 94-333837
DEC _~L !,9~.i 11: 28AM
PINELLAS COUNTY FLA.
OFF.REC.BK 8860 PG 324
STATE OF FLORIDA
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
In Re:
CITY OF CLEARWATER
Permit No: 521619369
I RECORDING
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AGREEMENT FOR COV~N~~!T RL~rnING WITH ~~D
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In consideration of the CITY OF CLEARWATER's promises
contained herein, and the Florida Department of Environmental
Protection ("Department") acceptance of the CITY OF CLEARWATER's
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promise to enter into this agreement as part of the reasonable
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~ ~ for the above designated permit, the CITY OF CLEARWATER and the
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u 0 l- I. BACKGROUND
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o ~ 1. The CITY OF CLEARWATER has subm1tted to the Department an
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d application for, and the Department has issued, Permit No.
521619369 (the "permit"),. authorizing certain dredging and
filling activities in stevenson Creek in Clearwater, Florida.
The permit expires on December 6, 1994. The terms and
requirements of the permit are incorporated herein by reference.
Page 1 of 6
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(PINELLAS COUNTY FLA.
OFF.REC.BK 8860 PG 325
II. MITIGATION REQUIREMENT AND ENFORCEABILITY
2. Specific permit eonditions require the mitigation
activities of the area described in Paragraph 1, which are
located on certain land situated in section 10, Township 29S,
Range 15E, in pinellas County, Florida, which is more
particularly described as follows:
See Attachment "A" for legal description of mitigation site.
As required by Specific Condition No. 8 of the permit, the
CITY OF CLEARWATER acknowledges and agrees that its obligation to
permit mitigation required by the permit continues until the
mitigation is determined to be successful (as described below),
notwithstanding that the permit expires on December 8, 1994.
3. This Agreement is enforceable as a contract or as an
order of the Department.
III. DETERMINATION OF SUCCESS OF MITIGATION
4. The required mitigation will be determined to be
successful when the requirements of Specific Condition No. 7 of
the permit have been met. Specific Condition No. 7 provides:
A. Percent cover by non-nuisance, non-exotic wetland
species shall be 80% or more. Percent cover shall be
reported for the aggregate of those wetland species, relative
to the total area, including a measure of percent cover by
non-wetland species, bare ground and water. Wetland species
shall be those listed in F.A.C. 17-4.022.
B. Cattail, primrose willow and exotics are limited to
10% or less of total cover. If these species exceed 10% of
the total cover, their density must be declining over several
years, which would be considered a positive indication that
they are under control.
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JPINELLAS COUNTY FLA.
,OF,-"-R~C:,"--~K 8_~~Q._PG 326
5. Whenever the CITY OF CLEARWATER believes the mitigation
is successful, the CITY OF CLEARWATER may notify the Department
and afford Department personnel the opportunity to conduct an
on-site inspection of the mitigation area. This notice shall be
directed to Environmental Administrator, Bureau of Wetland
Resource Management, Department of Environmental Protection, 3804
Coconut Palm Drive, Tampa, Florida, 33619 and shall be by
certified mail. Within one hundred twenty (120) days of receipt
of this notice, the Department shall (1) notify the CITY OF
CLEARWATER of the Department's determination that the mitigation
has been successfully completed, or (2) notify the CITY OF
CLEARWATER that the Department has determined that the mitigation
is not successful, identifying specifically those elements of
mitigation that, in its judgment, have not been successful in
accordance with applicable permit conditions, or the reasons why
it is not possible to determine whether the mitigation is
successful. Notification shall be in writing and by certified
mail.
6. When the Department notifies the CITY OF CLEARWATER that
the mitigation is successful, or, if the Department fails to
notify the CITY OF CLEARWATER within the time period prescribed
by this Agreement, then the CITY OF CLEARWATER's mitigation
obligation under the terms of the permit and this Agreement shall
be deemed satisfied.
7. Department personnel will be permitted to conduct an
on-site inspection of the mitigation areas in a reasonable manner
and at reasonable times.
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PINELLAS COUNTY FLA.
_Q!!-"---~EC ~~K_8 8 ~~__PG..... 327
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8. If the CITY OF CLEARWATER fails to perform the required
mitigation in accordance with the specified conditions of the
permit within the time periods set forth in the permit, the
Department (1) may inquire as to the status of the mitigation and
require the CITY OF CLEARWATER to take appropriate remedial
action, (2) may commence an enforcement action pursuant to
Chapter 403, Florida statutes, (3) may commence legal proceedings
to enforce this Agreement, or (4) may extend the time allowed for
the required mitigation in accordance with the specific
conditions of the permit. In any such action or proceedings to
enforce this agreement in which the Department prevails, the CITY
OF CLEARWATER shall be liable for the Department's reasonable
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attorney's fees, costs and expert witness fees in both trial and
appellate courts, and the CITY OF CLEARWATER consents that venue
for such actions shall lie exclusively in Pinellas County,
Florida.
9. Notwithstanding any of the above, the mitigation
requirements of the permit may be modified by the Department if
it determines that the CITY OF CLEARWATER has been unable to
perform successfully the required mitigation based on causes
beyond the CITY OF CLEARWA~ER's control. '. Such causes may
include, ,but are not limited to, unusual climatological and
meteorological conditions.
10. The CITY OF CLEARWATER may request that this Agreement be
modified for good cause. . Good cause may include, but is not
limited to, changes in dredging, filling or mitigation plans
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tINELLAS COUNTY FLA.
OFF. RJ;:C~,~_~a.~O ,~~__32-.? _
necessitated by or resulting from actions of federal, state or
local governmental agencies. Requests for modification of this
agreement shall be in writing and shall be served upon the
Department in the same manner as provided in Paragraph No. 5
above. The Department shall have sole discretion to grant or
deny such requests for modification.
11. The Department may require the the CITY OF CLEARWATER to
publish in a newspaper of general circulation in Pinellas County,
Florida, notice of any proposed modification of the mitigation
requirements set forth in the permit or this Agreement. The text
of such notice shall be supplied by the Department and shall be
consistent with the provisions of Rule 17-103.150, Florida
Administra.tive-Code.
IV. REQUIRED AGREEMENT
12. This Agreement constitutes the agreement required by
Specific Condition No. 8 "of the permit.
V. RECORDATION AND RELEASE
13. Within thirty (30) days from the date of execution of
this Agreement, the CITY OF CLEARWATER shall cause this Agreement
to be recorde.<i_in tl1~p'l.lblic::records qf each county wherein the
affected lands are situated, and shall provide the Department
with a copy of the recorded agreement certified by the Clerk of
the Court.
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NOTE: This is not a survey!
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PIN LLAS COUNTY FLA.
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SE Cor 10-29-15
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CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
ENG INEERING SERVICES
OR...1<oN BY Novo
CHECKED BY
SCAlE
N.T.S.
JOB NO,
94126
DATE 11/94 DRA\\i1NG NAME
94126A
STEVENSON CREEK
MITIGATION AREA
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IINELLAS COUNTY FLA.
-Q~~- ~?c:~l:!~_~860.. PG 330
ATTACHMENT A
MITIGATION SITE: STEVENSON'S CREEK
LEGAL DESCRIPTION:
BEGIN AT A POINT 720 FEET I NORTH & 450 FEET I WEST OF SE
CORNER OF SECTION 10, TOWNSHIP 295, RANGE 15E.
FOR P.O.B. OF THE EXISTING MITIGATION SITE:
THENCE RUN N 210 48' 53"E 214.05 FEET
THENCE N 740 09' 30"W 186.04 FEET
THENCE S 200 19' 16"W 149.52 FEET
THENCE S 520 20' 26"W 140.95 FEET
THENCE S 3GO 53' 18"E 82.82 FEET
THENCE S 560 10' 21"E 113.04 FEET
THENCE N 480 09' 11"E 158.19 FEET
TO THE P.O.B. FOR 1.4 ACRES MORE OR LESS
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J1NELLAS COUNTY FLA.
OFF~~EC.BK 8860 PG 329
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14. Upon the satisfaction of the mitigation obligation under
the terms of the permit and this Agreement, the Department shall
execute a release in recordable form. If the Department
determines that mitigation has been successful over part of the
mitigation area, the Department may, at its discretion, execute a
release for those portions which have attained success.
15. This agreement runs with the land and is binding upon
the CITY OF CLEARWATER its successors and assigns.
IN WITNESS WHEREOF, the Department and the CITY OF CLEARWATER
set their hand and seal as follows:
~-&~t7iE~~ION ._cr7~T~_~
L Richard D. Garrity, Ph.D. William C. Baker,
?'Director of District Management Assistant city Manager
Dated ^f~ rl~
,
, 1994
Dated October 31, 1994, 1994
This document was prepared by:
Name
Address
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