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95-11RESOLUTION NO. 95 -11 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING A SOVEREIGN SUBMERGED LANDS USE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR THE INSTALLATION OF UTILITY LINES UNDER CLEARWATER PASS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has completed the installation of four utility lines under Clearwater Pass in conjunction with the new Clearwater Pass Bridge construction; and WHEREAS, the existing Submerged Lands Use Agreement specifies highway use only; and WHEREAS, the State desires that a Sovereign Submerged Lands Use Agreement be executed for the utility lines that were installed under Clearwater Pass; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Sovereign Submerged Lands Use Agreement, a copy of which is attached hereto as Exhibit A, is hereby approved, and the City Manager is authorized to execute said agreement on behalf of the City. PASSED AND ADOPTED this 17th day of January, 1995. ita Garvey, Mayor commissioner Attest: Cyn is E. Goudeau, City Clerk 9s -11 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 DOT 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. 6 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; A parcel of submerged land in Section 17 , Township 29 South , Range 15 East , in Clearwater Pave PinelJoe County. TO HAVE THE USE OF the herelnabove described premises for the period , beginning 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: 1. The above described parcel of land shall be used solely for the Installation of two cube ueous water mains one subs ueoue force main, and a su acqusous qas = ne w th n Easement No. 23445 , granted to the _CC t_�of_ Clearwater, dated Au uat 26 1963 Grantee shall not engage in any ac— tivity except as described n the D.v eion of Environmental Resource Permitting, Exemption No. 522492133 dated -May 21 1994 , attached hereto as Attachment A, and made a part ereof. 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 to 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. N 4. This Agreement conatituLes permissive use only and the placing of facilities and related structures upon public property pursuant to this Agreement shall not operate to create or vast any property right in Grantee and shall not conflict with the conservation, protection and enhancement of said lands. S. 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 portion during the term of this Agreement. 6. Grantor, or its duly authorized agent, shall have the right at any time , to inspect the worlce and operations of the Grantee in any matter pertaining to this Agreement. 7. Should need of greater public benefit and use arise as determined by Grantor In its solo dlscretlon, the Grantor shall have the right to terminate thls AgreemenL. At such time, the Grantor shall issue written notification to the Grantee stating the effective date of ouch termination. EXHIBIT A (451 ell S. Any inequities that may subsequently arise an 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. 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 omieeiona 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 eat 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 coats, 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 addreass City of Clearwater Poet Office Box 4748 Clearwater, Florida 34618 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at'leaet 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 thin 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 in 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 addreua specified In Paragraph 12 or at ouch address on record as provided to the Grantor by the Grantee. However, ouch remody shall be in addition to all other remedies available to Grantor under applicable lawn, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 16. No failure, or aucconuive failures, on the part of the Grantor to anforco any proviaton, nor any waiver or succeouiva waivers on Ito part of any proviolea herein, shall operate as a discharge thereof or candor the same inoperative or impair the right of the Grantor to enforce the dame upon any renewal thereof or in the avant of subsequent breach or breaches. page 2^ of 7 Pages Use Agreement No. UA-�52 -145 `/5 'f1 17. This Agreement in the entire and only agreement butweon the parties. Ito 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 repair". 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, . t Page 3� of 7 pagan Use Agreement iro' _ NA -52 -145 WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA original Signature (SEAL) BY Typed/Printed Name of Witness Carolyn Thompson, Senior Management Analyst II, Bureau of Land Management Services, Division of State Lands, Agent Original Signature for the Board of Trustees of the Internal Improvement Trust Fund Typed/Printed Name of Witness "GRANTOR" STATE OF FLORIDA COUNTY OF LEON F The foregoing instrument was acknowledged before me this day of 14 , by Carolyn Thompson Senior Management_ Analyst ZI, who is personally known to me. APPROVED AS TO FORM AND LEGALITYs Notary Public, State o F orida DEP Attorney Pr. me , Type or Stamps Name My Commission Expires: Comm se on Ser a No. _.. _. WITNESSES: Original Signature Typed Pr nted Name of Witness Original Signature City of Clearwater (SEAL) Grantee BY original Signature of Executing Author ty Typed Printed Name of Executing Authority Mavor Title of Executing Authority "GRANTEE" Typed Pr nted [tame of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 19 , by who s personally known tome or who has produce , as entification. My commission Expireu: Notary Public, Stake of Commiasion /Social Ito. Pago —4 of 7 Pagan Use Agrasmunt t7o.—IIA °52 °145_ Pr nta s Type or gtamped flame ,9 "--h 2 V• rte Florida Department of Environmental- Protection � . eoo vart'" � - � .. Southwest Dist :•iet ' Laatun Chila 3804 Coconut Palm Drive virghtia B. Wetherell . Corernar Tampa, Florida 33619 Secretary 813.744 6100 May 2, 1994 �L City of Clearwater FILE NO: 522492913 c/o Thomas C. White, P.E. COUNTY: Pinellas David Volkert & Associates Inc. 3409 West Lemon Street, Suite 1 - Tampa FL 33609 (?F= CciV[p iifff I f994 Dear Mr. white: This'is to acknowledge receipt of your application, File No. 522492913, on January Is, 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 - Clearwater 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 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 t Attachment A Page 5 of 7 Pages Use dgreemaut Nu. UA -52 -10 �� , City of Clearwater File No; 522492913 Page Two 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 124.57 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; e (c) A statement of how each petitioner's substantial interests are affected by the'DepartmenE'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 ]]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 Attacfunent A Page b of 7 [cages Use Agreement No. UA -52 -•145 Vr-11 City of Clearwater File No: 522492513 Page Three proceeding. Any later intervention will only be at the approval of the presiding officer on notion 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. ssiinccce�reely,,J�(j sob Stetler Environmental Administrator Water Management RS /msb cc: Corps of Engineers Attachment A page 7 of 7 Pages Use Agreetneot No. VA -52 -145 93 - //