Title: Draft Cypress Creek Agreement.
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 Material Information
Title: Draft Cypress Creek Agreement.
Physical Description: 13p.
Language: English
Publication Date: Nov. 2, 1973.
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 1, Folder 5 ( FIVE PARTY AGREEMENT ), Item 20
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00050629
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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Full Text
/ 11-2-73 #







CYPRESS CREEK AGREEMENT


THIS AGREEMENT, Made and entered into this day of

1973, between SOUTHWEST FLORIDA WATER MANAGEMENT

DISTRICT, a public corporation of the State of Florida, and

HILLSBOROUGH RIVER BASIN, a subdivision of the Southwest Florida

Water Management District, hereinafter collectively referred

to as "District," PINELLAS COUNTY, a political subdivision of

the State of Florida, hereinafter referred to as "Pinellas,"

PASCO COUNTY, a political subdivision of the State of Florida,

hereinafter referred to as "Pasco," and CITY OF ST. PETERSBURG,

a municipal corporation, hereinafter referred to as "City,"

WITNESSETH:

WHEREAS, .Southwest Florida Water Management District is a

public corporation created under Chapter 61-691, Laws of Florida

1961, as amended; and

WHEREAS, Hillsborough River Basin is a subdivision of the

Southwest Florida Water Management District, as provided under

Chapter 61-691, Laws of Florida 1961, as amended; and

WHEREAS, Pinellas is a body politic; and

WHEREAS, Pasco is a body politic; and

WHEREAS, City is a municipal corporation; and

WHEREAS, the District is acquiring and will acquire certain

property in Pasco County, Florida for use as a flood detention

o reservoir known as the Cypress Creek Flood Detention Area, herein-

after referred to as "Cypress Creek," which lands are adjacent to,

and drained by, Cypress Creek which ultimately flows into the

Hillsborough River in Hillsborough County, Florida; and

WHEREAS, Pinellas and City get their fresh water supplies

from certain well fields and said supplies furnished by said well

fields are inadequate to meet the needs of the potable water system

of Pinellas and City, and it is necessary that Pinellas and city

augment such supplies; and




ExhsblitJ__Pasco_L.o .r /3




11-2-73-#1


WHEREAS, Pasco, because of its rapid growth, needs

.to prepare for its future needs of potable water supplies,

in order that there will not be a shortage of water in its

rapidly developing areas; and

WHEREAS, the District has not as yet formulated a plan for

allocation, as provided for in Chapter 373, Florida Statutes, and,

therefore, the District cannot make any allocations of groundwater

to any user at this time; and

WHEREAS, Pinellas and City, for the purpose of supple-

menting their supply of potable water, and Pasco, for the

purpose of facilitating the development of its potable water

system, desire to construct, maintain and operate a number

of test wells upon the aforesaid lands of the District for such

periods of time as will be reasonably necessary, expedient or

desirable to determine whether the quantity and quality of water

available in and from such area is such as to make it econ-

omically feasible for Pinellas, Pasco and City to finance,

construct, maintain and operate upon such lands a permanent

well field consisting of production wells, collector mains,

pumping stations, treatment plant, transmission lines and access

roadways; and

WHEREAS, if it shall be determined by Pinellas, Pasco and

City that such permanent well field is economically feasible,

Pinellas, Pasco and City desire to acquire the permanent rights

and interests hereinafter mentioned in the above described

lands of the District for such purposes; and

WHEREAS, even though the District is in the process of

acquiring the lands within the Cypress Creek Flood Detention

Area, it is unable, at this time, to complete the acquisition

of all of the necessary lands, and it may be several years

before acquisition can be fully accomplished; and

WHEREAS, it is for the benefit of the citizens and taxpayers

of the State of Florida that a cooperative effort be made by the

parties hereto to immediately acquire by purchase, gift or con-

demnation the lands described in Exhibit A, attached hereto and

made a part hereof, at the earliest possible date; and

WHEREAS, attached hereto and made a part hereof as Exhibit B




11-2-73 l







is the legal description of certain real property within adjacent and

?immediately contiguous to the lands described in Exhibit A, attached

hereto, which the City has purchased for the purpose of a fresh

water well field, and the parties hereto desire the said lands des-

cribed in said Exhibit B shall be made a part of this agreement and

WHEREAS, Pinellas, Pasco, City and District have entered into

this agreement to make the most efficient use of their powers by

enabling them to cooperate on a basis of mutual advantage and

thereby to provide services and facilities in a manner of, and

pursuant to, forms of governmental organization that will accord

best with geographic, economic, population and other factors

influencing the needs in the development of the local communities;

WHEREAS, Pinellas, Pasco, City and District believe that it

is for the best interest of the public that they serve to

develop a well field in the Cypress Creek Flood Detention Area;

NOW, THEREFORE, in consideration of the mutual covenants and

conditions herein contained and for other good and valuable con-

siderations, the parties hereto agree as follows:

1. The parties agree that the lands described in Exhibit A,

attached hereto, shall be immediately acquired and used for the

following multi-purposes, to-wit:

(a) Flood Control and water storage area;

(b) Fresh water well field;

(c) Wildlife refuge;

(d) Outdoor recreation and open space.
These lands shall not be used for any other purposes without the

written consent of all parties.

2. In order to achieve maximum utilization of the lands, the

parties agree to proceed in phases to bring about the multi-purposes

set forth in paragraph 1. above. At this time, it is desirable

to proceed with three phases that can be generally described as

follows:

Phase 1 Land acquisition;

Phase 2 Construction of test wells and testing of same;

Phase 3 Construction and operation of well field.




11-2-73 #1





3. Phase 1 Land Acquisition.

a) Land acquisition costs shall be paid 50% by the

District and 50% by Pinellas, Pasco and City, apportioned one-third


b) The District shall have the lands described in Exhibit A,

attached hereto, appraised, and then notify Pinellas, Pasco and City,

in writing, of the full acquisition costs of the land, including but

not limited to land values, appraisers' fees, attorneys' fees, and

landowners' appraisals and attorneys' fees, and the amount of funds that

the District has available,to commence the acquisition of said lands,

and then Pinellas, Pasco and City shall deposit with the District, with-

in 90 days of said notification, their share of said funds equal to

the amount available by the District for said land acquisition.

Said funds to be deposited in accounts of the District in banks autho-

rized under the laws of the State of Florida and to draw the maximum

amount of interest; such interest shall be credited to Pinellas, Pasco

and City in their respective proportionate shares.

c) Within 30 days the District shall prepare and distribute

to the parties a land acquisition schedule, together with supporting

documents and with a status report of condemnation suits currently

pending. Such schedule shall include a time table giving estimates

of the amounts and dates funds will be needed to complete phase 1.

d) Immediately upon the deposit of said funds by Pinellas,

Pasco and City, District shall proceed to acquire all of the lands

that it is able to with the amount of funds it has available

-'through the District, Pinellas, Pasco and City. The title to said

lands shall be acquired in fee simple, free and clear of all liens

and encumbrances except taxes for the current year, and shall be

placed in the name of the District for the benefit of District,

Pinellas, Pasco and City pursuant to the terms of this agreement.

e} All costs of land acquisition shall be in accordance

with normal and usual procedures and costs incurred by the District

in its acquisition of lands, and said costs shall be reasonable.

All information as to the cost of acquisition of lands shall be

made available, upon request, at the District's office in Brooks-





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Ville, Florida. At any time that the District expends moneys for

land acquisition over the amounts on deposit, as provided above,

it shall notify Pinellas, Pasco and City to deposit their pro rata
phare of the additional funds with the District within 90 days.

Upon completion of said land acquisition, the District shall give

a complete accounting of the land acquisition costs to Pinellas,

Pasco and City, in writing, and shall certify the same to be true

and correct.

f) Pinellas, Pasco and City shall cooperate with the

District and agree to join the district as co-petitioners in eminent

domain proceedings in connection with acquisition of said lands.

g) The City is the owner of the lands described in

Exhibit B, attached hereto, a portion of said lands being within the

lands described in Exhibit A and a portion being adjacent and immed-

iately contiguous thereto. The parties hereto agree that the City is

to be compensated for the costs of acquiring the lands described in

Exhibit B, and said costs are to be substantiated and/or certified by

the City to be correct. After said costs have been substantiated,

as hereinbefore provided, the moneys paid thereunder by the City

are to be credited against the moneys that the City is required

to contribute under the provisions of this agreement. Said lands

described in Exhibit B will become a part of the District's

Cypress Creek Flood Detention Area, and the title thereto will

be conveyed by the City to the District, free and clear of

all liens and encumbrances, at the same time that the District

grants the permanent easement and groundwater rights to the City,

Pinellas and Pasco, as provided in paragraph 5(b) hereof; provided,

however, that if the Cypress Creek Flood Detention Area is not

developed into a productive well field, as provided for herein,

on or before January 1 1975, then the City's lands, as described

in Exhibit B, shall automatically revert to the City, and, upon

written request, the District shall immediately convey said

lands described in Exhibit B to the City, free and clear of

all liens and encumbrances.

4. Phase 2 Construction of Test Wells and Testing of Same.

a) During the acquisition of lands, Pinellas, Pasco and City



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11-2-73 #1







shall have their consulting engineer, and their staffs and planners

design and supervise a test program to determine the quality and

the estimated quantity of water available. The test program

shall include, but not be limited to, constructing test wells,

conducting pumping tests and laying out the facilities in such a

manner as to make it economically and hydrologically feasible for

Pinellas, Pasco and City to finance, construct, maintain and operate

upon such lands a permanent well field. All test programs, test

wells, pumping tests and laying out of facilities shall be at the

expense of Pinellas, Pasco and City. Due consideration shall be

given to the multi-purposes in preparing said plan. The firm of con-

sulting engineers, hydrologists and planners chosen by Pinellas, Pasco

and City shall be experienced in the field of hydrology and fresh water

well field designing and construction, and prior to the implemen-

tation of the plan for the construction of wells for the.operation

of the pumping tests, the same shall be submitted to the District

for written approval, and said written approval or suggested modi-

fication of the plan shall be given to Pinellas, Pasco and City

by the District within 20 days of receiving the proposed plan of

construction and testing from Pinellas, Pasco and City.

5. Phase 3 Construction and Operation of Well Field.

a) In the event Pinellas, Pasco and City, from the study

analysis and projection of the test well operation records, costs,

and engineering, construction and financial- consideration, shall

determine that a permanent well field upon the said lands shall

not be economically and hydrologically feasible, then Pinellas, Pasco

and City shall notify the District of such determination, in

writing, on or before January 1, 1975, and this agreement shall in

that event terminate as to Pinellas, Pasco and City and be of no

further force and effect, except that Pinellas, Pasco and City shall

have a reasonable time in which to remove their test well installations;

provided, however, that any and all test wells left in place shall

be capped or plugged, at the expense of Pinellas, Pasco and City,





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11-2-73 1l





upon written instructions from the District, as to whether the

said wells should be capped or plugged.

' b) In the event Pinellas, Pasco and City shall determine

that it shall be economically and hydrologically feasible to

finance, construct, maintain and operate a permanent well field

upon such lands, it shall notify the District, in writing, of

such determination, and Pinellas, Pasco and City shall, at their

own cost and expense, survey, or cause to be surveyed, permanent well

sites and pumping station sites, permanent collector and trans-

mission mains, a treatment plant site, roadways and power line ease-

ments, the location and route of which shall be subject to approval,

in writing, by the District which shall not be unreasonably with-

held. Pinellas, Pasco and City shall prepare, or cause to be

prepared, appropriate legal descriptions of such sites and easements.

Upon completion of such surveys and the preparation of

such legal descriptions, the District shall, by good and sufficient

conveyance, deed, grant and convey to Pinellas, Pasco and City, free

and clear of all encumbrances, the groundwater rights in and to

the aforesaid lands of the District, together with the perpetual

easements and permanent rights of way for the construction, re-

construction, maintenance, repair, use and operation of production

wells, pumps, collector mains, pumping stations, transmission

mains, roadways and power lines in, over, through and across the

lands described in the legal descriptions to be prepared by

Pinellas, Pasco and City, as heretofore provided. Pinellas, Pasco

and City shall divide the total amount of ground water to be re-

moved from the well field proportionately in the same ratio as

each has contributed to the total development cost of said well field.

Development costs shall be apportioned one third each to Pinellas,

Pasco and City; provided, however, that Pinellas, Pasco and City

agree that they will sell up to 20% of the water produced from said

well field in excess of 50 million gallons per day (mgd) to whatever

governmental entity that the District shall designate, in writing,







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11-2-73 #I










provided said designee shall pay the cost thereof as defined in.

Exhibit C, attached hereto, on a gallonage basis. All water production

facilities will be operated by Pinellas, Pasco and the City with produc-

tion costs apportioned on a unit consumed basis.

c) The District, having acquired the lands herein

affected for use as a flood retention and conservation area,

shall have the right to flood said area for such purpose; and

Pinellas, Pasco and City shall have the right to excavate, borrow

or remove dirt from said lands at a site or sites to be approved

by the District, in writing, within a reasonable distance of the

well, pump and pumping station sites and the roadway rights of

way for the purpose of filling the same to a grade above that

of the design flood elevation, provided that adequate roadway

drainage, as approved by the District, shall be-provided by

Pinellas, Pasco and City.

d) Pinellas, Pasco and City shall indemnify and hold

harmless the District of, from and against all claims, demands,

suits or actions for bodily injury or property damage arising out

of, or resulting from, Pinellas', Pasco's and City's operations in

and about the Cypress Creek Flood Detention Area. The District

shall indemnify and hold harmless Pinellas, Pasco and City of,

from and against all claims, demands, suits or actions for bodily

injury or property damage arising out of, or resulting from,

District's operations in and about the Cypress Creek Flood De-

tention Area, for which the District is legally liable.

e) Pinellas, Pasco and City shall, at their own cost and ex-

pense, construct and maintain roadways for ingress and egress

to and from such test wells and to such permanent well field

facilities until such time as the District shall open said above

Cypress Creek Flood Detention Area to the general public and there-

after the District shall take over the maintenance of such roadways.





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11-2-73 1I







f) Pinellas, Pasco and City shall at all times keep the test

wells and the permanent production well field open to inspection

by authorized personnel of the District, and Pinellas, Pasco and City

when requested by the District, shall make said test and permanent

well production records available to the District for inspection

or copying for use in its continuous study of surface and ground

water intercorrelation.

g) Pinellas, Pasco and City shall use the premises and all

rights, privileges and easements herein granted to the extent

needed to carry out the true intent and purposes of this agreement

and for no other purposes; Pinellas, Pasco and City shall maintain

the premises and all appurtenant structures and improvements in a

neat, clean and sanitary manner and condition; and Pinellas, Pasco and

City shall paint and otherwise keep, as near as practicable, all

of their installations and facilities in a color, condition and

manner as shall be compatible and harmonious with the.use of such

area by the District as a natural wilderness, park and recreational

area.

h) Pinellas, Pasco and City do hereby declare their intent

to develop and use the Cypress Creek area for the next stage of

their additional water supply program, provided there is suffi-

cient water of the quantity and quality to meet their needs in

an economically feasible manner. If there is sufficient water of

the quantity and quality to produce a minimum of 45 mgd in an eco-

nomically feasible manner, then Pinellas, Pasco and City shall defer

the development of any other water sources within Pasco County.

This paragraph (h) shall not preclude the construction of addi-

tional wells where consent for such construction shall have been

obtained from the District and from adjacent and affected land

owners. This construction shall be subject to permit and regu-

lation by the District.





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*-- 11-2-73 #1













i) The production well sites shall be approximately 50 feet

by 50 feet each, and the pumping station sites shall consist of

approximately two acres each, one treatment plant site not to exceed

30 acres. The transmission main easements shall be such as shall

carry out the present plans of Pinellas, Pasco and City, namely

that the water will be pumped to the main transmission lines via

a treatment plant or facility directly into the distribution

system of Pinellas', Pasco's and City's water systems.
j) Pinellas, Pasco and City shall not assign this agreement

or any of their rights or privileges hereunder without first ob-
taining the written consent of the District which consent

shall not be unreasonably withheld. Upon the establish-

ment by the legislature of a regional water supply authority or
the delegation to an existing governmental entity the primary

responsibility for providing a regional water supply for an area
which includes Pinellas, Hillsborough and Pasco Counties, the parties

hereto agree that Pinellas, Pasco and City shall, upon request of

such authority or entity, transfer their rights and privileges here-

under and they shall receive full compensation from the said regional

water supply authority for the costs that they contributed to land

acquisition, as well as the costs for engineering, testing and perm-
"anent construction provided for herein.

k) As used herein and in the conveyances herein provided

for, the term "recreational rights" shall mean the sole, exclusive

and permanent right to use and control the lands in which such

rights are granted for public recreational purposes; the term
"flood rights" shall mean the permanent right to flood the lands

in which such rights are granted for the purposes of the District;

and the term "groundwater rights" shall mean the sole, exclusive

and permanent right to take, appropriate and use as a supply for
a water distribution system the ground, underground or subter-
`--~" I~-----'- r











ranean waters in and from the land in which such rights are granted.

1) In the event Pinellas, Pasco and City shall, at any

time in the future, abandon the permanent well field, if constructed,

Pinellas, Pasco and City shall notify the District of such determi-

nation, and thereafter, Pinellas, Pasco and City shall have the right

to remove any and all parts of their installations upon the prop-

erty of the District; provided, however, that such installations

or parts thereof shall be removed by Pinellas, Pasco and City within

a reasonable time and Pinellas, Pasco and City shall cap, or cause

to be capped, all wells left in place, or plugged at the expense of

Pinellas, Pasco and City .upon the determination by the District that

the wells must be plugged instead of capped,.

m) In the event Pinellas, Pasco and City shall determine

that Cypress Creek is not suitable for development as a well field,

or shall abandon the permanent well field, if constructed, Pinellas,

Pasco and City shall be entitled to be repaid, without interest,

by the District, for all actual costs paid by Pinellas, Pasco and

City to District in connection with Phase 1. Such repayment shall
be made from any moneys available, or becoming available to the

Hillsborough River Basin Board for Cypress Creek water storage land

acquisition purposes.

n) The parties further agree that nothing contained

herein shall estop or in any way prevent the District from further

regulation of the withdrawal of water from the aforementioned well

field, as the District is authorized and directed to do under and

pursuant to the laws of the State of Florida, and provided, further,

that notwithstanding any of the provisions contained herein, the

withdrawal of water from the aforementioned well field shall, at all

times, be subject to the applicable laws of the State of Florida
concerning consumption, appropriation, and regulation

of water, as provided in the laws of the State of Florida and the

applicable rules and regulations of the District that are in effect

at the time of the execution of this agreement or as amended by





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-the State of Florida or'the District under the Constitution and

the laws of the State of Florida.

6. Pinellas, Pasco and City shall each contribute one-third

of the funds required to meet the needs prescribed in Phases 1, 2

and 3. Failure to contribute any funds when required shall result

in a partial default. Upon such default the interests of the parties

shall be re-divided proportionately in the same ratio as each has

contributed to the combined costs of Phases 1, 2 and 3.

7. Pinellas, Pasco and City agree to negotiate and execute

a separate agreement setting.forth the manner in which Phases 2

and 3 will be handled and the methods by which decisions by the

parties will be made, supervised and administered and the inter-

relationships between the parties. ** See 7.A. at bottom o4 page

8. Hillsborough River Basin Board hereby affirms that, at a

duly constituted meeting of its Basin Board on the day of
1973, it approved the terms of this agree-

ment and the execution thereof.
9. The Southwest Florida Water Management District hereby

affirms that, at a duly constituted meeting of its Board of Governors

on the day of 1973, it approved the terms

of this agreement and the execution thereof.

10. Pinellas hereby affirms that, at a duly constituted

meeting of the Board of County Commissioners on the day of
1973, it approved the terms of this

agreement and-the execution thereof by Pinellas.
11. Pasco hereby affirms that, at a duly constituted

meeting of the Board of County Commissioners on the day of
1973, it approved the terms of this

agreement and the execution thereof by Pasco.
12. City hereby affirms that, at a duly constituted meeting

of the City Council on the day of 1973,

it approved the terms of this agreement and the execution thereof

by City.
13. This agreement constitutes the entire agreement between
lA. parti;e agree to cooperate with e r^ch omthe2 iu mea2
Lo ca^rr ol-t he tCerm of this areeme.n agree ^
, th eR ormissiL6 on4 necessary t-y. -1
-~~ -- *- -- -










11-2-73 #L


the parties hereto, and any change, supplement, modification or

correction of, or addendum to, this agreement must be in writing

and signed by the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed this

agreement the day and year first above written.


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

By
Chairman

As to Southwest Florida Water Attest
Management District Secretary


HILLSBOROUGH RIVER BASIN

By
Chairman Ex-Officio

As to Hillsborough River Attest
Basin Secretary


PINELLAS COUNTY

By
Chairman, Board of
County Commissioners
As to Pinellas
Attest
Clerk of the Circuit Court


PASCO COUNTY

BY
Chairman, Board of
County Commissioners
As to Pasco
Attest
Clerk of the Circuit Court



CITY OF ST. PETERSBURG

BY
Mayor

As to City
Attest
City Clerk






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