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CREATIVE CONTRACTORS INC (2) THIS INSTRUMENT DRAFTED BY AND RETURN TO: Robert Brzak Engineering Department City of Clearwater P.O. Box 4748 Clearwater,FL 33758-4748 Property Appraiser's Parcel No's: 17-29-16-00000-130-0900 17-29-16-34650-000-0340 SPECIAL WARRANTY DEED AND RESERVATION OF EASEMENTS AGREEMENT THIS SPECIAL WARRANTY DEED AND RESERVATION OF EASEMENTS AGREEMENT is made and entered into as of this r14` day of (� ,1 ,. , 2020,by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, ("Grantor") whose mailing address is P.O. BOX 4748, Clearwater, Florida 33758-4748, party of the first part or City of Clearwater, to and in favor of CREATIVE CONTRACTORS, INC., a corporation authorized to conduct business in the State of Florida, ("Grantee") whose mailing address is 620 brew Street, Clearwater, Florida 33755, party of the second part. WITNESSETH,that the party of the first part, for and in consideration of the sum of Ten Dollars($10.00) and other good and valuable consideration, to it in hand paid by said party of the second part,the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold,released,conveyed and confirmed unto the party of the second part, and to its successors and assigns forever, all of the following piece, parcel, lot or tract of land, situate, lying and being in the County of Pinellas and State of Florida, and described more particularly as follows, to wit: Real Property Parcel ID No's: 17-29-16-00000-130-0900 and 17-29-16-34650-000- 0340,legally described in Exhibit A,attached hereto,and made a part hereof,(herein, the "Property") Subject, however, to all covenants, restrictions, and public utility easements of record, if any,and taxes and assessments accruing for the year 2021 and all subsequent years,except nothing herein operates to reimpose same. [GM 19-1313-133/263098/1] 1 TOGETHER WITH all and singular the tenements,hereditaments,rights,privileges, and appurtenances thereunto belonging or appertaining, and every right, title or interest, legal or equitable, of the said party of the first part in and to the same,however, subject to the reservations and restrictions herein. The party of the first part hereby covenants with the party of the second part that the party of the first part is lawfully seized of the Property in fee simple; that party of the first part has good right and lawful authority to sell and convey the Property, and hereby warrants the title to the Property and defend the same against the claims of all persons arising by, through or under the party of the first part, but against none other. AND►P'ROVID►EID HOWEVER,that Grantor hereby reserves unto the City of Clearwater, Florida, the following described perpetual non-exclusive easements, each of which easements: (i) are intended to be,and shall be,construed as covenants running with the Property;(ii)shall include and reserve all incidental rights reasonably necessary for the use and enjoyment of such easements for their respective intended purposes; (iii) shall be exercised in compliance with all laws and permit approvals,codes and requirements of all applicable governmental authorities, and(iv)shall be for the benefit and use of Grantor, and Grantor's successors, assigns, licensees, invitees, permitees, employees, representatives, contractors, subcontractors, materialmen, consultants, and other agents of any party described above. A. Drainage and Utility Easement legally described in Exhibit B-I (the "Easement Premises"): Grantor hereby reserves a Drainage and Utility Easement over, under, on, upon, through and across the Easement Premises. Grantor shall have the right to enter upon the above-described premises and construct, reconstruct, install and maintain therein any and all utilities and drainage facilities, together with appurtenances thereto (collectively, "Facilities"), and to inspect and alter such Facilities from time to time. Grantor shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The Grantor covenants and agrees with Grantee that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantor first exercised any of its rights hereunder, and on each and every succeeding occasion thereafter. Grantor further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. In the event Grantee, its successors or assigns, should ever determine it necessary to relocate Grantor's Facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantee, its successors or assigns, in consultation with and upon approval of Grantor, shall provide an alternate easement for the Facilities constructed within the Easement Premises, and shall at Grantee's sole cost and expense reconstruct the Facilities within the alternate easement. Upon completion of the Facilities relocation, Grantor shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. [GM 19-1313-133/263098/1] 2 B. Ingress/Egress, Drainage and Utility Easement legally described in Exhibit B-2 the "Easement Premises" Grantor hereby reserves an Ingress/Egress, Drainage and Utility Easement over,under, on, upon, through and across the Easement Premises for purposes of pedestrian and vehicular ingress, egress, access and passage, including, without limitation, large, heavy vehicles and equipment to service and maintain Grantor's Facilities as described below. Further, Grantor shall have the right to enter upon the above-described premises and construct,reconstruct,install and maintain therein any and all utilities and drainage facilities,together with appurtenances thereto(collectively,"Facilities"),and to inspect and alter such Facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The Grantor covenants and agrees with Grantee that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantor first exercised any of its rights hereunder, and on each and every succeeding occasion thereafter. Grantor further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. In the event Grantee, its successors or assigns, should ever determine it necessary to relocate Grantor's Facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantee, its successors or assigns, in consultation with and upon approval of Grantor, shall provide an alternate easement for the Facilities constructed within the Easement Premises, and shall at Grantee's sole cost and expense reconstruct the Facilities within the alternate easement. Upon completion of the Facilities relocation, Grantor shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. C. Utility Easement legally described in Exhibit B-3 (the "Easement Premises"). Grantor hereby reserves a Utility Easement over, under, on, upon, through and across the Easement Premises. Grantor shall have the right to enter upon the above-described premises and construct, reconstruct, install and maintain therein any and all utilities facilities,together with appurtenances thereto(collectively,"Facilities"),and to inspect and alter such Facilities from time to time. Grantor shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The Grantor covenants and agrees with Grantee that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantor first exercised any of its rights hereunder, and on each and every succeeding occasion thereafter. Grantor further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. In the event Grantee, its successors or assigns, should ever determine it necessary to relocate Grantor's Facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantee, its successors or [GMI 9-1313-133/263098/1] 3 assigns, in consultation with and upon approval of Grantor, shall provide an alternate easement for the Facilities constructed within the Easement Premises, and shall at Grantee's sole cost and expense reconstruct the Facilities within the alternate easement. Upon completion of the Facilities relocation, Grantor shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. D. Drainage and Utility Easement legally described in Exhibit B-4 (the "Easement Premises"): Grantor hereby reserves a Drainage and Utility Easement over, under, on, upon, through and across the Easement Premises. Grantor shall have the right to enter upon the above-described premises and construct, reconstruct, install and maintain therein any and all utilities and drainage facilities, together with appurtenances thereto (collectively, "Facilities"), and to inspect and alter such Facilities from time to time. Grantor shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The Grantor covenants and agrees with Grantee that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantor first exercised any of its rights hereunder, and on each and every succeeding occasion thereafter. Grantor further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. In the event Grantee, its successors or assigns, should ever determine it necessary to relocate Grantor's Facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantee, its successors or assigns, in consultation with and upon approval of Grantor, shall provide an alternate easement for the Facilities constructed within the Easement Premises, and shall at Grantee's sole cost and expense reconstruct the Facilities within the alternate easement. Upon completion of the Facilities relocation, Grantor shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. E. Right-of-way Easement legally described in Exhibit B-5 (the 'Easement Premises"): Grantor hereby reserves a Right-of-way Easement over, under, on, upon, through and across the Easement Premises for use as a public right-of-way, for the benefit of the general public. Grantor shall have the right to enter upon the above-described premises and construct, reconstruct, install and maintain therein public roadway, sidewalk, curbing and utility facilities, together with appurtenances thereto (collectively, "Facilities")and to inspect and alter such Facilities from time to time,and to utilize the Easement Premises for any and all purposes of a public right-of-way as determined by Grantor in its sole discretion as the authority having jurisdiction over said right-of-way. Grantor shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. Grantor shall control the right- of-way in accordance with all policies and procedures,rules,regulations, law and codes as may apply to the Grantor's control and oversight of City of Clearwater rights-of- [GM 19-1313-133/263098/1] 4 way in general. Once dedicated, said right-of-way shall only be forfeited through City of Clearwater vacation process, as may be applicable from time to time. (All Exhibits above are hereby attached hereto and incorporated herein.) Further, it is distinctly understood and agreed to by the Parties hereto that the Property shall be subject to the following restrictions. Specifically,by acceptance of this Special Warranty Deed and Reservation of Easements Agreement, and in taking title to the Property, Grantee hereby acknowledges and agrees to be bound by those certain "Wellhead Restrictions" as are more particularly described in Exhibits C-1, C-2, and C-3 (attached hereto and made a part hereof). The Wellhead Restrictions include applicable rules, regulations, law and policy as may be amended from time to time, that may apply to activities or impacts on Wellheads, a wellhead protection program which regulates the use or storage of contaminating materials within a prescribed protection zone surrounding a potable water supply well within the subject Property, and a Wellhead Protection Permit which is required to conduct business, commercial, industrial, or other activities as provided for therein. This restrictive covenant shall run with said Property and be binding on Grantee, its successors, and assigns. TO HAVE AND TO HOLD,the same unto the said party of the second part, its heirs,and assigns,to its own proper use, benefit and behoof forever. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. Countersigned: CITY OF CLEAR WATER, FLORIDA By: ` F/rank Hibbard, Mayor William B. Home, 11, City Manager " 4�771 Approved,as to form Attest: A A 60 C, Rosemarie Call, City Clerk Laura Lipowski Mahony, SeniorCs:sistant City Attorney STATE OF FLORIDA 6 : ss COUNTY OF PINELLAS : BEFORE ME,the undersigned,personally appeared Frank Hibbard,the Mayor of the City of Clearwater, Florida, who executed the foregoing instrument by means of i,--" physical presence or online notarization, and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this 7&day of 1�� )c�cr,jLLI��, 2020. [GM 19-1313-13 3/26 3 098/1 5 Notary Public State Of Florida Patricia A Kung Notary Public— State' (Florida MY COMM"On GG 131393 Print/type name: � E*rft 1012=021 14-1 /90 STATE OF FLORIDA : ss COUNTY OF PINELLAS : BEFORE ME, the undersigned, personally appeared William B. Horne, 11, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument by means of physical presence or online notarization, and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. day of 2020. Wl'INESS my hand and off ial seal this A Notary Public—State of Florida Scoff Bums COMMISSIONS GG261179 Print/type name: tsa EXPIRES:October 1,2022 Bonded lbru Anron Nobq [GM 19-1313-133/263098/1] 6 Note: Lf VNo ot--' lSea,nng t.asls obtained frofn David A venue Properly Boundary Survey by Land Precision Corporation, Job #19237 on 1011412019. Gulf to Bay Gardens Plat Book 50, Page 60 AITS Legal Description CA 30'Drainage and Utility easement described as 7followras: Commence at the SW corner of the SW j of the t t4 NE i of Section 17, Township 29 S, Range 16 E; thence N 89* 46'01"E, along the South line of the SW J of the NE j of Section 17,Township 29 S, Range 16 E, a distance of 530.00';thence N 00' 20' 15"W, a distance of 285,00'to a Point of Beginning; thence N 00"20' 15"W, a to distance of 1046.24'; thence S 890 57'24"E, distance of 30.00% thence S 00' 20' 15"E, a distance of 1046.10';thence S 89"46'01'"W, a distance of 30.00to the Point of Beginning. 30' Line Table Line # Bearing Distance Ll S 890 S-7`24"E 30.00' L2 S 890 46'01"W 30.00' L2 POINT OF BEGINNING POINT OF C0A1A1FNCEA11-",'jVT S117 Corner©/'the SW 14 of I the NE 4 See I7-29S-1 fill" SOUTH LINE-se;OF NE GULF TO SAY BOULEVA" Zbk OF SECTION 17,TOWNSHIP 29 S,RANGE 16 E (ffight-f-Way Varies) N 89°46'01"W 530 00' rNs Is not a survey CITY OF SLE ATE MWU NO I OF I ENGINEERING DEPARTMENT Exhibit B1 Lgl_2019-19 I DRAWN BYCHECKED BY Reserve 30' Drainage and Utility Easement SEC-TWNSP-RNG 17 - 29 S -- 16 E Lee Cheek TTom Mahony DATE DRAWN 11/25/2020 This is not c survey Lot 32 Guff to Bay Gardens Plat Book 50, Page 60 I T. Lot 33 00 40 0 1 11� I C: E Lot 34 North 60' 13109 rn Lot 35 Lot 38 W Legal Description A 60' lngress/Egress, Drainage and Utility Easement described as follows: The North 60' of Lot 34, Gulf to Bay Gardens, as recorded in Plat Book 50, Page 60, of the Public Records of Pinellas County, Florida. CITY OF CLEARWATER DVVG,Nb. SHEET ENGINEERING DEPARTMENT Exhibit B2 LgI-2019 19 1 1 OF 1 Reserve 60' Ingress/Egress, Drainage SEC-TWNSP-RNG 17 - 29 S - 16 E ED'TWN BY CHECKED BY F and Utility Easement TLM DATE DRAWN 11/25/2020 .......... 00 C4 C14 Lot 33 ocol C.) 0 as E E C 0 X t, lit N00020'15"W N89039'45"E 13600' C Lot 34 42.00' t4 tV 0 ti 14 Ct a 1 Existing 16.15' Drainage and Utility Easement OR 1 0541-111 S 89 0 39'45"W 13609' X POINT OF-,// BEGINNING Lot 35 13109 Lot 38 Gulf to Bay Gardens Plat Book 50, Page 60 Note. Bearing balls a6tOlned from Daw4d Avenue Property Boundary -Survey by Land Preclslon Conparatlon, lbb09237, on POLVTOF COMMEVCEMENT 1012JI2019 SW Corner of the SW 1 of the 4 JVE 1 Sec 117-2 9S-I 6E 4 N89°46'41 E 534.114` This Is aQj c survey N.T S. Legal Descrition FAUtility Easement described as follows: p Commence at the SW corner of the SW J of the NE j of Section 17,Township 29 S,Range 16 E;thence N 89'46'01"E, along the South line of the NE J of Section 17,Township 29 S,Range 16 E, a distance of 530.00'thence N 00'20' 15"W,a distance of 359.00'to the Point of Beginning;thence N 00*20' 15"W, a distance of 42.00';thence N 89' 39'45"E, a distance of 136.00' thence S 00'20' 15"E, a distance of 42.00'thence S 89'39'45"W,a distance of 136.00'to the Point of Beginning. CITY OF CMARWATER Lgl_2019-19 I OF I ENGINEERING DEPARTMENT Exhibit B3 I DRAWN BY CHECKED BY Reserve Utility Easement SEC-TWNSP-RNG 17 - 29S - 16E JAB TLM DATE DRAWN 11/25/2020 Mote.. Bearing bolls obtalned from Dot&A venue Property Boundary Survey by Land PreclsMn Owporotlon, Job 09237, on 1012312019 POINT OF COMMENCEMENT POINT OF NE corner of Gulf to BEGINNING Baj,Gardens S 89°57'24"E 300,07' 1j;;�W 7--T- S 44°24°15"E N0,0`20' 1 211.44' N 89 57'24"W 30,0.,07'1 00 70 0 Gulf to Bay 0 00 C U') Gardens II Plat Book 50, E 0 Page 60 0 I Existing 10' Drainage-\ C IJj 0 and Utility Easement E OR 4082-117 5 C 0 0 0 C C I 1:71 .0 An X X This is not G SU,-Vey Legal Description A Drainage and Utility Easement described as follows: Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50,Page 60, Public Records of Pinellas County Florida, also being the Point of Beginning;thence S 89' 57'24"E, a distance of 300.07';thence S 00*20' 15"E, a distance of 20.00';thence N 89' 57'24"W, a distance of 300.07';thence NOW 20' 15"W, a distance of 20.00'to the Point of Beginning. MG NO, SHFFT CITY OF CLEARWATER Lgl_2019-19 I OF 1 ENGINEERING DEPARTMENT Exhibit B4 I DRAWN BY CHECKED BY Reserve 20' Drainage and Utility Easement SEC-TWNSP-RNG 17 - 29S - 16E 1AB TLM DATE DRAWN 11/25/2020 POIAIT OF POINT OF COMMENCEMENT BEGINNING NE corner of Gusto Bay Gardens S 89 5T'24''E 200.00' S89"5r24",6 fOO.049' ---7 Guff to Bay Gardens Plat Book 501 Page 60 ItS 0) 14 r) Eost 12.5' No, N 89 57'24"W M.00' This is not G survey Legal Description A 12.5'Right-of-Way Easement described as follows: The East 12.5'of the following described tract: Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50,Page 60,Public Records of Pinellas County Florida;run thence S 89*57'24"E, a distance of 200.00'to the Point of Beginning;thence S 89'57'24"E, a distance of 100.00' thence S 00*20' 15"E,a distance of 300.00%thence N 89'57'24"W, a distance of 100,00';thence N 00'20' 15"W,a distance of 300.00'to the Point of Beginning. UNG,NO SKEET CITY OF CLEARWATER LgI 2019-19 1 OF Y w 7 ENGINEERING DEPARTMENT Exhibit B5 DRAWN BY CHECKED B Reserve 12.5' Right-of-Way Easement SEC-TWNSP-RNG 17 -- 29S - 16E �=Jim Banwell, Tom Mahony DATE DRAWN 11/25/2020 EXHIBIT "C-1" WELLHEAD RESTRICTIONS • A Wellhead Protection Permit application (EXHIBIT "G-2") must be submitted to the Engineering Department of the City of Clearwater with all the attachments requested for approval before construction can occur around the wellsite. • Sanitary sewer cannot be placed within 100' radius of the well. • Reclaimed water cannot be used within 75' radius of the well. • Contractors cannot build within 100' of existing wells mainly meaning structures or items that are deemed high risk to ground water quality and public health. • All rules, regulations, law or policy by any applicable governmental agency that may apply to activities or impacts on Wellheads, as may be amended from time to time. EXHIBIT "C-2" Permit No: Well No.: Expiration Date: For De t.Use Onl APPLICATIONFOR WELLHEADPROTECTION IT City of Clearwater- Engineering Department Owner's Name: Applicant's Name: Owner's Address: Applicant's Address Owner's Phone No: Applicant's Phone No: Project Name: Project Address ID No.(s)of Adjacent Potable Water Well(s) For all applications provide the following attachments: 1. Location map showing the potable water well, 500 feet surrounding the well and the property boundaries for this application. 2. The location and identification of all uses within 500 feet for a commercial use or within 100 feet for a residential use. 3. A list of all contaminating materials to be used or stored on the subject property. If contaminating materials are proposed to be used or stored on the subject property, a Protection- Containment Plan shall be submitted that includes the following: (1) A list of all regulated substances,including quantities,which are to be stored,handled,used or produced in the activity being permitted. (2) 4detailed description ofthe activities that involve the storage, handling, use or production ofthe regulated substances indicating the unit quantities inwhich the substances are contained ormanipulated. (3) A description of the containment,the emergency collection services and containers and the emergency plan that will be employed. (N A description of the daily monitoring activities that have been or will be instituted. (5) A description of the maintenance that will be provided for the containment taoUhv, monitoring system and emergency equipment. (6) 4 description of the groundwater monitoring wells that have been or will be |nmtaUed, other pertinent well construction information and the arrangements which have been or will bumade for certified analyses for specified regulated substances(if moqu|red). (7) The extent ofemployee safety training and practices. I hereby certify that the information contained herein is true and accurate and that I am the legal owner of the subject property or have legal ouUhohh/to execute this application on behalf*fthe property owner. | agree to indemnify and hold thCity of Clearwater harmless from any and all claims,liabilities,causes of action,or damages arising out of the issuance of this permb, i am aware that any deviation from the information submitted with this application or the conditions attached to the permit shall be uonm|d*nyd m violation of Chapter 24. Article |||. Clearwater Code of Ordinance. OWNER'S SIGNATURE: APPLICANT'S SIGNATURE EXHIBIT 1C- ° City of Clearwater Code UfOrdinances Wellhead Protection Chapter 24— Public Health Article |I{ —VVellheBd Protection Sec. 24.61. - Purpose and intent nfarticle. The purpose and intent nfthis article ist0protect and safeguard the public health, safety, and welfare byproviding a wellhead protection program which regulates the use orstorage ofcontaminating materials within a prescribed protection zone surrounding potable water supply wells within the City of Clearwater. (Ord. No. 7800~07, 6 1, 9-6-07) Sec. Z4.62. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them inthis section: Contaminating material means any physica|, chemical, bio|ng|ca|. Prradiological formulation, mixture or substance, wet ordry, natural or synthetic, that could be introduced into the public potable water supply inquantities and concentrations that could violate the standards assigned hopotable water aa established in Chapter 62-550, Florida Administrative Code (F.A.C.), of the Florida Department of Environmental Protection (FOEP). Engineering director means the director Ufthe engineering department ofthe city, ormnemployee within the engineering department authorized bythe director b)exercise authority orbocarry out any of the duties under this article. Potable water well means any water well that supplies water for human consumption and that is connected b)the City ofClearwater Public Water System. (Ord. No. 78V0-07, & 1` 4-6-07) Sec. 24.63. - Permit—Required. (1) AvveUhead protection permit shall be obtained from the engineering director for any new business, commercial, industrial 0rother activity that has the potential tostore ordischarge harmful quantities Df known contaminating materials ifany portion ofthe subject property |swithin 1.0OOfeet ofapotable water well, A wellhead protection permit shall be obtained from the engineering director for any new residential construction onproperty located within the city if any portion ofthe subject property|swithin 100 feet of potable water well. AweUhead protection permit may be issued by the engineering director after review of the application and protection-containment plan (|f required) submitted by the applicant. No business tax receipt or building permit shall be issued for any activity for which a wellhead protection permit is required until such permit has been issued. Permits shall have a term not to exceed 12 months and shall expire on March 15 of each year, Applications for annual permit renewal shall be submitted nolater than 30days prior b) permit expiration. (Ord. No. 780O-07` 8 1° 9-6-07; Ord. No. 8070-09, 8 15, }2-3-09) Sec. 24.64.- Permit requirements. (1) Activities within a 500-foo( radial distance on}Und a potable water supply well shall conform to the requirements oyChapter 82-521. F.A.C.. Wellhead Protection. (2) Activities defined as potentially high risk to ground water quality in Chapter 62-555,312, F.A.C. shall not be permitted within 100 feet ofanexisting potable water supply well. (9) Activities defined as a moderate risk to ground water quality in Chapter 62-555.312, F.A.C. shall not bepermitted within 5Ofeet ofanexisting potable water supply well. (4) |fany new activity is proposed within 1,000 feet of a potable water supply well that has the potential bJstore harmful quantities of known contaminating materials, a protection-contamination plan shall be submitted. If any contaminating material is proposed to be used or stored for residential use within 100 feet of a potable water supply well, a protection-containment plan shall be submitted. (5) AvveUhead protection permit application shall at a minimum include m location map of the potable vvgber well and 1.000 feet surrounding the well, plans for the proposed development or expansion/change of an existing use (|f applicable), the location and identification of the proposed activity, a listing of any contaminating rneharia| to be used or stored on the site and a protection- containment plan |fnecessary. (Ord. No. 7800-07° & l, 9-6-07; Ord. No. 8070-00° 8 16, 17-3-09l Sec. 24.G5. - Review ofprotection-containment plan. (1) In reviewing a protection-containment plan submitted by an applicant for a wellhead protection permit, the following factors shall Ueconsidered when determining the sufficiency nfthe plan: (a) The amount, character and intended use of the contaminating material involved; (b) Storage, conveyance and handling techniques h} beemployed bythe applicant; (o) The extent of any propensity to spill, break, lose or discharge contaminating material; (d) The type ofcontainment devices tobeemployed; (e) The extent ofemployee safety training and practices; and (M Any other consideration appropriate tothe protection Cfthe wellhead. (2) No wellhead protection permit shall be issued unless the protection-containment plan and permit application fully addresses all contamination and safety matters to the satisfaction of the engineering director. A wellhead protection permit may be issued subject to conditions related to the protection of the public potable water supply. (Ord. No. 7800-07, 8 l^ 4-6-07) Sec. 24.G5. - Permit denial. If a wellhead protection permit application is denied, a notice of denial, including the reasons for such denial, shall be provided to the applicant. The applicant may appeal a permit denial or may appeal a condition imposed inconjunction vvithapermit8pprova|. within3Odaysh7OowingreceipdCfnotice of denial or approval by filing a request for review with the city manager. The request for review shall include, among other things, a statement of the grounds upon which the applicant seeks review. The city manager shall conduct a hearing within 45 days of receipt of a request for review. The city manager's decision regarding the application shall be deemed the final administrative action of the city, and such review shall be deemed a necessary administrative remedy prior to seeking judicial relief. (Ord. No. 7800-07, § 1, 9-6-07) Sec. 24.67. -Sale of property, change of use. (1) A wellhead protection permit shall be nontransferable and nonassignable. A new wellhead protection permit shall be required whenever the property or business is conveyed.A new protection-containment plan (if previously required or if required for new proposed activities) shall be submitted with the new wellhead protection permit. (2) A new wellhead protection permit shall be required whenever there is a change of use on the property as defined in section 8-102 of the City of Clearwater Community Development Code.A new protection- containment plan shall be submitted if required for the use, handling, conveyance or storage of contaminating material on the property. (Ord. No. 7800-07, § 1, 9-6-07) Sec. 24.68.- Enforcement of article—Inspections. The engineering director shall designate employees within the engineering department as inspectors for the purpose of enforcing this article. Such inspectors may inspect the premises of a wellhead protection permit holder during normal working hours of the permit holder for the purpose of determining compliance with this article and with any condition imposed in conjunction with the issuance of a permit. (Ord. No. 7800-07, § 1, 9-6-07) Sec. 24.69. - Revocation of permit. A failure to comply with any of the requirements of this article or a failure to comply with any condition imposed upon the issuance of a wellhead protection permit shall constitute grounds for the revocation of a wellhead protection permit. The engineering director may revoke a permit by providing notice of revocation to the permit holder, which notice shall state the reasons for revocation. A revocation shall be subject to review by the city manager in the same manner as a denial of a permit application, and such review shall be deemed a necessary administrative remedy prior to seeking judicial relief. (Ord. No. 7800-07, § 1, 9-6-07) Sec. 24.70. -Violations and penalties. (1) A failure to obtain a wellhead protection permit by any person required to obtain such permit, a failure to comply with any of the requirements of this article, or a failure to comply with any condition imposed upon the issuance of a wellhead protection permit shall constitute a violation of this article. (2) Violations of this article shall be subject to punishment by a fine not to exceed $500.00 per day. The city may take any appropriate enforcement action, pursuant to Section 1.12 of this Code and Article 7 of the Community Development Code, in any available judicial or administrative forum to enforce the provisions of this article. (Ord. No. 7800-07, § 1, 9-6-07)