Title: Agreement re LAKE APOPKA RECREATION AND WATER CONSERVATION AND CONTROL AUTHORITY
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Permanent Link: http://ufdc.ufl.edu/UF00050590/00001
 Material Information
Title: Agreement re LAKE APOPKA RECREATION AND WATER CONSERVATION AND CONTROL AUTHORITY
Alternate Title: Agreement re LAKE APOPKA RECREATION AND WATER CONSERVATION AND CONTROL AUTHORITY re assumption of responsibility for water control works.
Physical Description: 6p.
Language: English
Publication Date: Dec. 23, 1963
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 1, Folder 3 ( BOUNDARY CHANGES - WATER MANAGEMENT DISTRICTS, vol. II ), Item 47
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050590
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text








THIS AGREEMENT, Made and entered into this da)y of c D/ mcc

*1963, by and between SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,

a public corporation, hereinafter referred to as the "District", and LAKE APOPKA

RECREATION AND WATER CONSERVATION AND CONTROL AUTI-ORITY, a

public body politic and cor-porate, hereinafter referred to as the "Lake Apopka

Authority",

WHEREAS, the District, a public corporation, was created under Chapter

61-691, Laws of Florida 1961, for carrying out and effectuating the provisions

of Chapter 378, Florida Statutes; and

WHEREAS, Section 4 of Chapter 61-691, Laws of Florida 1961, provides

that the said District shall negotiate a contract with the Lake Apopka Authority

to assume responsibility for the operation and maintenance of the Lake Apopka

Authority's water control works, provided that the said District shall not assume

said responsibility and operation prior to January 1, 1964; and

WHEREAS, the Lake Apopka Authority, a public body politic and corporate,

was created under Chapter 28325, Laws of Florida 1953, for the purpose of

conserving and protecting the water resources of Orange County, Florida; and

WHEREAS, it is for the best interests of the said District and the said

Lake Apopka Authority, and is in conformity with the purposes for which said

District and said Lake Apopka Authority were created, 1o complete said

negotiations at this time upon the terms and conditions as are hereinafter set

forth in this agreement;

NOW, THEREFORE, for and in consideration of the mutual premises

hereinafter set forth, and for other good and valuable considerations, it is

agreed as follows:

1. That it is the intent of this agreement, and the parties do hereby
agree, that the District shall operate the water control works hereinafter

provided for in conformity with the purposes for which said District and said

Lake Apopka Authority were created under their respective Acts of the Florida

Legislature, and if the said Lake Apopka Authority determines that the District

has breached any of the term-s and conditions of this agreement and/or fails

to operate said water control works under thle purposes for which the said

District and the said Lake Apopkla Authority were created, then the said Lake












Apopka Authority may take whatever steps it may deem advisable at law.

2. The following water control works are presently owned or controlled

and operated by the Lake Apopka Authority:

a. Lake Apopka; the Apopka-Beauclair Canal connecting Lakes

Apopka and Beauclair; including control, navigation and auxiliary .

facilities known as Apopka-Beauclair Lock described in (1) below;

Double Run, connecting Lake Apopka with Little Lake Harris (when

constructed); all in Orange and Lake Counties, Florida.

(1) Structures at the Apopka-Beauclair Lock site include a

navigation lock with controls and appurtenances, two bay

radial gate type spillway, lock operator's residence, fences,

roads, drives and other minor facilities.

b. The legal description of said lands owned by or controlled by the

Lake Apopka Authority, and upon which said works as described

by the popular names above are located, are more fully described

by "Exhibit i" attached hereto and made a part hereof.

3. The Lake Apopka Authority, through its officers, attorneys and

office staff, will deliver to the District, as soon as practicable after the

execution of this agreement, all of the information that it has in its files as to

any and all title and interest that it may have as to properties set forth in

paragraph 2 hereof and more fully described in "Exhibit i", attached hereto.

4. That, as soon as practicable after the execution of this agreement,

the Lake Apopka Authority shall deliver to the District a copy of the land

survey made on each of the properties or flowage easements listed in the said

"Exhibit 1", above, said surveys to be duly certified by a registered surveyor

qualified to survey under the Laws of the State of Florida.

5. That the Lake Apopka Authority shall deliver to the District copies

of engineering plans and specifications of each of the facilities located on

properties and easements described in paragraph 2 above and certified by its

consulting engineers to be such, reflecting major construction items con-

structed by the Lake Apopka Authority or controlled and operated by the Lake

Apopka Authority.




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6. That the District shall assume the cost of, and rcsp ons ib3ilitv for,

the operation and maintenance of the water control works described in

paragraph 2 above, as well as the real property on which said facilities I

are located, as described above, on October 1, 1964, except for Double Run,

a natural overflow channel connecting Lake Apopka with Little Lake Harris,

as described above. The Lake Apopka Authority acting in concert with the

Oklawaha Basin Recreation and Water Conservation and Control Authority,

proposes to continue acquisition of flowage easements and properties in fee

simple along the alignment of the said Double Run, and to construct additional

facilities for water conservation and recreation, utilizing funds derived from !

sources other than the District, and shall, upon final completion of all water j

control structures and channel improvements, transfer said project under

this agreement for operation and maintenance, to the District within six

months after such completions. That during the construction of the Double

Run project the Lake Apopka Authority shall obtain approval from the District

of all new construction and of any changes to the flow of water in any

connecting channels and shall obtain permission from the District to open

and close gates and structures throughout the Double Run project.

7. When the responsibility for the operation and maintenance of said

water control works is transferred to the District on October 1, 1964, said

works are to be in good working order, and the Lake Apopka Authority is to

furnish to the District all rules, regulations and procedures which are

necessary and proper for the operation and maintenance of said water control

works, together with all equipment, tools, spare parts, instruments and

manuals now owned by the Lake Apopka Authority.

- 8. That, after assuming responsibilities as defined in paragraph 6

above, the District shall continue to be responsible for the operation and

maintenance of said water control works as long as the same are necessary

to carry out the purposes for which said District was created, not to exceed

fifty years, or until the District and the Lake Apopka Authority mutually

agree to terminate this contract. It is further agreed that, if and when the

District determines that said works are not necessary to carry out thle purposes

for which said District was created, it shall notify the Lake Apopka Authority,

in writing, and thle Lake Apopka Authority shall have twelve months from the


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:c of such notification to prepare itself to take over the operation and

.,,,intenance of said works during the said twelve-month period, and shall

return said works to the Lake Apopka Authority in good working order;

that, at the time this agreement terminates, the District shall return to

the Lake Apopka Authority, its successors or assigns, any and all title

information, procedures, etc., which are transferred by the Lake Apopka

Authority to the District under this agreement, other than depreciated or

expendable personal property.

9. That the District shall not pay the Lake Apopka Authority any

moneys for the privilege of leasing and operating said works, nor shall the

Lake Apopka Authority pay the District for assuming the responsibility for

the operation and maintenance of said works, as provided for under this

contract. None of the provisions of this agreement shall, nor ire they

intended in any way to, restrict the taxing power of the District, as provided

for by the laws of the State of Florida.

10. That, during the pendency of this agreement, the district shall

maintain said works at a standard equal to, or higher than, t;e maintenance

and operation of said works as now being done by the Lake Aropka Authority.

11. That the Lake Apopka Authority agrees that the District may assign

any of its rights and interest under this agreement to the United States of

America, as long as said assignment is authorized and proper under the laws

of the State of Florida, provided that the Lake Apopka Authority is given

thirty days notice in writing prior to the date of the execution of such assign-

ment or assignments. That the Lake Apopka Authority further agrees that it

will convey such titles as are held by the Lake Apopka Authority, if the same

becomes necessary, to the United States of America, provided, however, that

upon the return of the title by the United States of America by reconveyance,

the same shall be to the Lake Apopka Authority.

12. That the District may modify, change or alter any or all of said
water control works at any time, during the period that it has the responsi-

bility for the operation and maintenance of said works, provided that the

said District determines, after due and proper study, that it is sound and




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proper, from an engineering standpoint, to make any of said modifications,

change sor alterations.

....-- 13. That the District shall, when it assumes the cost of, and the

responsibility for, the maintenance and operation of the water control works

described in paragraph 2 hereof, on October 1, 1964, cover all of said

properties with public liability insurance, and shall cover all equipment

and properties with insurance which is then in effect upon all houses,

structures, equipment, etc.

14. That when setting lake levels in the Orange County portion of the

District, District engineers will consult with the appointed representatives

of the Lake Apopka Authority to obtain information concerning elevations

set by resolution in the past. That if any lake levels are to be set in Lake

or Orange Counties, then the District shall give the Lake Apopka Authority

at least thirty days written notice and will hold a special me ting for the

purpose of determining a lake level to be set in the said county. If the District

determines that it is not necessary to carry out the purpose for which it was

created to set levels in any or all lakes in Orange County wiIthin the District,

then Orange County may set levels for any lakes not so set by the District.

Orange County shall within fifteen days notify the District in writing of the

lake levels as set.

15. That the District, in consideration of the mutual promises set

forth herein, and in carrying out and effectuating the provisions of Chapter

378, Florida Statutes, agrees to exert every reasonable effort to obtain

commensurate priorities for early execution of the portion of the Four Rivers

Project, involving the increase of discharge capacity of the Lower Oklawaha

River, including the reconstruction of the Moss Bluff Lock and Dam.

16. That, in addition to the transfer of all real and personal property,

hereinbefore set forth, to the District, the said Lake Apopka Authority

does hereby agree to assign, jointly with the Oklawaha Basin Recreation

and Water Conservation and Control Authority, all of its right, title and

interest in that certain contract between itself and the said Oklawaha Basin i

Recreation and Water Conservation and Control Authority, a copy of which is

attached lIereto and marked "Etxhibit Z".

17. That the terms and conditions of the foregoing agreement have

been presented to, and approved by, the Board of Governors of the Southl-


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, .cst Florida Water Mallagement District, at a duly and properly called and

held meeting of the said Board on Decemnber 11, 1963, by proper resolution.

18. That the terms and conditions of the foregoing agreement have

been presented to, and approved by, the Board of Governors of the Lake

Apopka Recreation and Water Conservation and Control Authority, at a

duly and properly called and held meeting of the said Board on December

1963, by proper resolution.

19. That the parties hereto agree that this agreement is contingent

upon the execution of a similar agreement between the Southwest Florida

Water Management District and the Oklawaha Basin Recreation and Water

Conservation and Control Authority, and that this agreement shall be of no

force and effect until this agreement and the said agreement with the Oklawaha

Basin Recreation and Water Conservation and Control Authority shall be

duly executed and delivered to the Southwest Florida Water Management

District. That, upon the said delivery of the said agreement with the said

Oklawaha Basin Recreation and Water Conservation and Control Authority,

duly executed by the proper officials, no further action is needed on the part

of either party hereto to have this' agreement become immediately effective.

IN WITNESS WHEREOF, the parties hereto have caused this agreement

to be executed in their respective names the day and year first above written.


Signed, sealed and delivered SOUTHWEST FLORIDA WATER
in the presence of: MANAGEMENT DISTRICT


// '/Chairman /-
F -,- ." i,
At te st ^^ y--
A -to District Secretary"
LAKE APOPKA RECREATION AND
WATER CONS IiVATION An~ TROL





(^^/ ^ (/--_ __ Attie sit:^-
A$ to 'Lak/ Apopka Authority Secretary










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