INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
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This Instrument Prepared By:
H'IT
M. Sue Jones
R 'R S' }g-fj
ecurrmg evenue ectlon MTF
Bureau of Public Land Administration ;'lC
3900 Commonwealth Boulevard R1W
Mail Station No. 125
Tallahassee, Florida 32399
02-082838 MAR- 4-2002 4:18~
PINELLAS CO 8K 11868 PO 188
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BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS EASEMENT
NO. 30706
BOT FILE NO. 520224623
PA NO. 0184778-001-JC
THIS EASEMENT 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. Florida, hereinafter referred to as the Grantee, a nonexclusive
easement on, under and across the sovereign lands described as follows:
A parcel of sovereign submerged land in Sections 08. 09. 16. 17. 20. and 21,
Township 29 South, Range 15 East, in Clearwater Sound/Gulf of Mexico,
Pinellas County, as is more particularly described
and shown on Attachment A, dated January 22. 2002.
TO HAVE THE USE OF the hereinabove described premises from Januarv 15.2002, the effective date of this
easement. The terms and conditions of and for which this easement is granted are as follows:
1. USE OF PROPERTY: The above described parcel ofland shall be used solely for public access channel and the
dredging: thereof, and Grantee shall not engage in any activity except as described in the Department of Environmental
Protection, Consolidated Joint Coastal Permit No. 0184778-001-JC, dated January 15. 2002, incorporated herein and made a
part of this easement by reference. All of the foregoing subject to the remaining conditions of this Easement.
2. EASEMENT 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. 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 easement.
, 4. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS:
Grantee shall not damage the easement lands or unduly interfere with public or private rights therein,
5. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is
nonexclusive, and 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 easement.
6. 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 easement.
7. 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.
8. VENUE: Grantee waives venue as to any litigation arising from matters relating to this easement and any such
litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida.
[40]
PIN~LLA5 COUNTY rLA,
Orr .R~C,8K 11868 PG ISO
9. ASSIGNMENT OF EASEMENT: This easement 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.
10. TERMINATION: The Grantee, by acceptance of this easement, 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 easement may be terminated by the
Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the
Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easement shall be paid
by the Grantee. All notices required to be given to Grantee by this easement 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 33758-4748
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.
11. 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 easement which result from the grant of this easement or the activities of Grantee hereunder.
12. REMOVAL OF STRUCfURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures
and equipment occupying and erected upon the premises after expiration or cancellation of this easement, 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
Item 10 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 fmes.
13. 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. '
14. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement
in its entirety in the public records of the co~ within which the easement site is located within fourteen (14) days after
receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its
entirety which contains the O.R. Book and pages at which the easement is recorded.
15. AMENDMENTS/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted,
acknowledged and executed by the Grantee and Grantor.
16. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the
construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior
written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged
lands.
17. ADDITIONAL STRUCTURES OR ACfIVITIESIEMERGENCY 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 easement.
18. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee, pursuant to section
18-21.009, Florida Administrative Code, must either be the record owner of the riparian upland property or have the written
consent of the riparian upland property owner( s) to conduct the activity described in this easement. If at any time during the
term of this easement, Grantee fails to comply with this requirement, this easement shall terminate and title to this easement
shall revert to and vest in the Grantor immediately and automatically.
Page -L of l Pages
Easement No. 30706
f\
PINELLAS COUNTY rLA,
Orr,REC,8K 11888 PO 191
~
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT UST FUND OF THE STATE
OF FLORIDA
(SEAL)
BY:
Acey L. StinSon
Manager, Bur 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 FlUld of the State of Florida
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
C)
,20-,'>-by
APPROVED AS TO FORM AND LEGALITY:
tM/J. K
DEP Attofuey
No
Printed, Typed or
My Commission Expires:
Commission/Serial No.
KARLEEN F. DE BLAKER, CLERK OF COURT
PlHELLAS COUNTy, FLORIDA
---------------------------------------
lCl71%O 03-04-2002 16:18:54 JTF
51 AGR-CITY OF CLEARWATER
IU:020BZj39 BK:11868 SPG:0189 EPG:0195
K~CORDING 007 PAGES 1 $33.00
OFFICIAL COPIES 5 $7.00
CERTIFCATION 6 $1.00
TOTAL:
CASH AMT. TENDERED:
CHANGE:
BY ________ DEPUTV CLERK
$41.00
$50.00
$9.00
Page -L of l Pages
Easement No.30706
<VI
PINELLAS COUNTY FLA.
OFF,REC.8K 11868 PG 192
Countersigned:
B
1t.
Approved as to form:
_P.L tJi
~t City Attome}'
"""?AKCLA k. I\K..I~
Attest:
WITNESSES:
lli~)a~/~~ )
Original Signature
])t:l){'..se; A. 0,"1 soD Denise A. Wilson
Typed/Printed Name of Witness
U___ c:? ~
Original Signature
~S(?IV 1.... n,LI-I,:'-S Susan L. Phillips
Typed/Printed Name of Witness
GRANTEE
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this 'l-H. day of ~
Brian J Aungst, Mayor-Commissioner of the City of Clearwater. Florida. who is personally known to me.
. 20g, by
c or:: ~
Nota~te of .
Ca.rolYh L. 'BY"'l'Ik
Printed, Typed or Stamped Name
Carolyn L. Brink
, 20 I ;l, by
r"O-fAjlYfilJislJi1. IITA",. 01" f:1 OAJO/'
~f\IlUI:~j'H. DRINK -
BQI.4Ml&8IQN 1/ CC8J4678
Commission/Serial NO,. '" EX"'"",,: ~!;'?nOO3
.'c.;.~,__...~ . '~~!'.:. "'nTARY~
fICC834678"""~ ,
C~4- ;e. ~
Notary Public, State of ~, ~
C a t"Cl/ 'fY\ L. -p, yo I '111::..
Printed, Typed or Stamped Name
Carolyn L. Brink
My Commission Expires:
Page -1.. of l Pages
Easement No. 30706
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PINE:LLAS 11868 PG 193
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Attachnumt A
Pagl' 6 of 7 Pagl's
EilSl'llll'nt No. 30706
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Attacluuent A
P, age 7 or7 I)
, ages
Easement No. 30706
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..:-~" C~I . _ ATE OF FLORIDA - PINELLAS CO' '
[* .~"."....,_,...~ ::/i.-\rU~' c~t~~esbrh~e~tifY\hatthefOregOi~~~,~Y,
_ :J :' '. ~ 1ile Ii nd ama appears among
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,,.~\ /~: _day of 20~
I,f.,.;.'.......... ..~~ KARLEEN F e BLAKER
1\\COU~:"-- CI of Circuit Cour1
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