Title: Ridge Area Transfer Agreement Between SFWMD and SWFWMD
CITATION PAGE IMAGE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00050949/00001
 Material Information
Title: Ridge Area Transfer Agreement Between SFWMD and SWFWMD
Alternate Title: Ridge Area Transfer Agreement Between SFWMD and SWFWMD, including Resolution re Lake June-in-Winter Control Structure (Jack Creek Structure), Corrective Warranty Deed, and Agreement re the Lake.
Physical Description: 12p.
Language: English
Publication Date: Sept. 5, 1975
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 2 ( RIDGE BASIN - Box 2, Folder No. 2 ), Item 5
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050949
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




RIDGE AREA TRANSFER AGREEMENT

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
SOUTH FLORIDA WATER MANAGEMENT DISTRICT


THIS AGREEMENT, Made and entered into this day of 1978,

by and between SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation,

hereinafter referred to as SOUTHWEST, and SOUTH FLORIDA WATER MANAGEMENT DISTRICT,

a public corporation, hereinafter referred to as SOUTH FLORIDA.

WHEREAS, SOUTHWEST, a public corporation, was created by Chapter 61-691,

Laws of Florida, and was continued pursuant to the Water Resources Act of 1972,

as amended, known as Chapter 373, Florida Statutes; and

WHEREAS, SOUTH FLXRIDA was created by Chapter 25270, Laws of Florida,

and was continued pursuant to the Water Resources Act of 1972, as amended, known

as Chapter 373, Florida Statutes; and

WHEREAS, Section 373.069, Florida Statutes, as amended by Chapter 78-65,

Laws of Florida, provides that the boundaries of the two Districts shall be

changed and a portion of SOUTH FLORIDA shall be transferred to SOUHWEST; and

WHEREAS, it is for the best interests of said SOUTHWEST and said SOUTH

FIRIDA, and is in conformity with the purposes for which said SOUTHWEST and said

SOUTH FLORIDA were created, to complete said negotiations at this time upon the

terms and conditions as hereinafter set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements

herein contained, and for other good and valuable considerations, the parties

hereto agree as follows:

1. It is the intent of this Agreement to make the transfer of duties,

responsibilities, assets and related matters as smooth and equitable as

possible, preserving continuity wherever possible and desirable.

2. All real property interests owned by SOUTH FLORIDA within the area

being transferred will be conveyed by SOUTH FLORIDA to SCUTHWEST by

separate instrument within sixty (60) days after execution of this Agreement.

A copy of the property rights held by SOUTH FLORIDA is attached as Exhibit 1;
and a separate instrument will be prepared by SOUTH FIDRIDA within sixty (60)

days after the execution of this Agreement transferring all real property
interests held by SOUTH FLCRIDA within the area being transferred. All equip-

ment, other personal property and records owned, located and used by SOUTH

FLORIDA solely within the area being transferred, will be delivered to SOUTH-

WEST as soon thereafter as practicable, but not later than thirty (30) days

from the date of this Agreement:








3. SOUTH FTORIDA will deliver to SUTHWEST, as soon as practicable but not

later than sixty (60) days the execution of this Agreement, the following

information:

(a) All title information it has relating to the real property described

in Exhibit 1, attached hereto.

(b) Reproducibles of certified land surveys of all properties listed in

Exhibit 1, attached hereto.

(c) Reproducibles of certified engineering plans and specifications, as built,

of each of the facilities located on properties and easements described

in Exhibit 1, attached hereto, reflecting major construction items

heretofore constructed by SOUTHWEST or controlled and operated by it.

4. Concurrently with the transfer of data listed in Paragraph 3 above, SOUTH

FLORIDA will deliver to SOUTWEST all rules, regulations and procedures which

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

works being transferred, together with all equipment, tools, spare parts and

instruments as shawn on Exhibit 1, attached hereto.

5. SOUTH FLORIDA shall perform a reasonable audit of its financial records

for the Fiscal Year 1977-78 for that part of its District and Basin records

relating to the transferred area. Copies thereof will be furnished to SOUTH-

WEST and it is agreed that such audit shall serve as the official record of

monies subject to transfer as provided in Paragraph 6.

6. SOUTH FILRIDA shall transfer to SOUTHWEST, within sixty (60) days after

completion of the audit provided in Paragraph 5 above, the pro rata portion of

uncommitted District funds collected by SOUTH FLORIDA in Fiscal Year 1977-78

from ad valorem taxes levied within the transferred area for the expenses of

the District, together with the pro rata share of any uncamitted Basin funds

held for the benefit of that portion of the area being transferred. Such funds

shall be pro rated as of July 1, 1978, to October 1, 1978, and shall be in

direct proportion to ad valorem tax revenues received from the area transferred,

but reduced by any funds cocmitted prior to the date of transfer. Additional

tax revenues subsequently levied and received by SOUTH FLORIDA after July 1,

1978, and all taxes received by SOUTH FLORIDA for the Fiscal Year 1978-1979

frcm area being transferred will be forwarded to SOUTHWEST. However, SOUTH

FLIRIDA shall be entitled to any delinquent taxes paid and determined owed for

the period prior to July 1, 1978, for that portion of SOUTH FLORIDA'S area

transferred to SOUTHWEST under Chapter 78-28, Laws of Florida; and shall be

solely responsible and agrees to assume the liability of repaying any taxes


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paid, collected and/or ordered to be repaid any taxpayer in that portion

transferred to SOUTHWEST for the period prior to July 1, 1978.

7. SOUTHWEST and SOUTH FLORIDA agree that personnel and equipment will be

reasonably available to assist, after July 1, 1978, in any administrative,

financial or operational problems associated with the area being transferred

to SOUTHWEST.

8. The terms and conditions of the foregoing Agreement have been presented

to, and approved by, the Board of Governors of the Southwest Florida Water

at a duly and properly called and held meeting of said Board on

1978, and the execution hereof has been approved.

9. The terms and conditions of the foregoing Agreement have been presented

to, and approved by, the Board of Governors of the South Florida Water

Management District, at a duly and properly called and held meeting of said

Board on 1978, and the execution hereof has been approved.

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 MANAGEMENT DISTRICT
In the Presence of:



DERRT.L S. McATEER, CHAIRMAN




AS TO SOUTHWEST THCMAS M. VAN DER VEER, SECRETARY (SEAL)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT









AS TO SOUTH FLORIDA SECRETARY (SEAL)



















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LJ
RWB/sb
AGREEMENT


THIS AGREEMENT made and entered into this, the 5th day ofSeptember

A. D., 1975, by and between CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DIbiRICT,

a public corporation of the State of Florida, hereinafter referred to as the

"DISTRICT", and HIGHLANDS COUNTY, FLORIDA, a political subdivision of the State

of Florida, hereinafter referred to as the "COUNTY".

WITNESSETH:

THAT WHEREAS, the COUNTY has requested that the Lake June-in-Winter Control

Structure, hereinafter referred to as the "STRUCTURE", located in Section 16,

Township 36 South, Range 29 East, be replaced and rebuilt by the DISTRICT; and

WHEREAS, the COUNTY has requested the DISTRICT to operate and maintain

the STRUCTURE upon its completion; and

WHEREAS, the COUNTY has requested the DISTRICT to operate and maintain

the existing 66 inch Culvert under Peachtree Drive at Stearns Creek, herein-

after referred to as the "CULVERT".

NOW, THEREFORE, in consideration of the benefits flowing from each to the

other, the parties hereto agree as follows:

1. The COUNTY shall:

a. acquire all rights of way and easements which are determined by

the DISTRICT to be necessary for the construction, operation and maintenance

of the STRUCTURE;

b. grant a license or permit, as necessary, to the DISTRICT to permit

the use of Peachtree Drive right-of-way extending 600 feet north and south of

the STRUCTURE for the purpose of construction, operation and maintenance of

the STRUCTURE;

c. maintain the canals upstream and downstream from the STRUCTURE

and CULVERT, except for that part of.the canal adjacent to the STRUCTURE site,

and within the right-of-way deeded to the DISTRICT;

d. maintain the integrity and the centerline grade of Peachtree

Drive from State Road 621 northerly approximately two (2) miles to a point

600 feet northerly of the STRUCTURE as a drainage divide between Lake June-

in-Winter and Lake Francis-Jack Creek Area;

e. enlarge Jack Creek as required to enable it to convey all dis-

charge from the STRUCTURE to Josephine Creek.




-1-
Exhibit "A"
















2. The COUNTY shall assume all responsibility and liability for, and

to that end shall indemnify the DISTRICT and its personnel against the

following:

a. any and all claims and demands whatsoever for compensation for

injuries, damages or accidents to any persons, animals, materials and property,

real or personal, due or claimed to be due from, or arising out of, water

flowage or flooding, or either or both, due to the inadequacies of the canal

section or sections or the operation of or maintenance of the canals owned by

the COUNTY in the area encompassing Lake June-in-Winter, Lake Francis, Stearns

Creek and Jack Creek; and

b. any and all claims and demands whatsoever for compensation for

injuries, damages or accidents to any persons, animals, materials and property,

real or personal, due or claimed to be due, either directly or indirectly, to

acts of commission or omission by the COUNTY, its employees, agents, contractors,

or others acting for or on behalf of the COUNTY, if such claims or demands

arise either directly or indirectly out of the performance of this agreement,

by the COUNTY; and

c. the payment of all judgments obtained, by reason of injuries,

damages or accidents, in any suit or suits against the DISTRICT, including

all legal and court costs and expenses and such other expenses resulting

directly from such suit or suits., PROVIDED that such suit (suits) is (are)

the result of, or arise out of claims or demands as set out in subparagraphs

a. and b. above.

3. The DISTRICT shall be responsible for:

a. design and construction of the STRUCTURE;

b. upon completion of the construction of the STRUCTURE, operation

and maintenance of the STRUCTURE and the CULVERT in order to maintain a regula-

tion schedule, established by the DISTRICT, for Lake June-in-Winter;

c. operation of the CULVERT to discharge as much water as possible

through Lake Francis, during such periods that surplus water is available;

d. maintenance of the canal which is immediately upstream and down-

stream of the STRUCTURE and which is located within the right-of-way deeded to



-2-



















the DISTRICT.

IN WITNESS WHEREOF the parties hereto have executed this agreement on

the day, month and years first above written.



CENTRAL AND SOUTHERN FLORIDA FLOOD
CONTROL DISTRICT, BY ITS GOVERNING
(Corporate Seal) BOARD


BY
/' 'Chairman /

Ex C \in tle presence f:
ATTEST; \


9911= BY
S DISTRICT Secretary


Legal form Approved
FCD Office of Counsel
By j Date"4-





BOARD OF COMMISSIONERS, HIGHLANDS
(Seal) COUNTY, FLORIDA
BY \ /. i ,


/Chairman
ecuted in the presence of:
ATTEST:



ts to COUNTY Cler t Cirit Court



















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RIDGE AREA TRANSFER AGREEMENT
BETWEfN
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
-AND
SOUTH FLORIDA WATER MANAGEMENT DISTRICT

THIS AGREEMENT, Made and entered into this day of 1978,
by and between SOUTHWEST FLORIDA WATER MAANGEMENT DISTRICT, a public corporation,
hereinafter referred to as SOUTHWEST, and SOUTH FLORIDA WATER MANAGEMENT DISTRICT,

a public corporation, hereinafter referred to as SOUTH FLORIDA.
WHEREAS, SOUTHWEST, a public corporation, was created by Chapter 61-691,
Laws of Florida, and was continued pursuant to the Water Resources Act of 1972,

as amended, known as Chapter 373, Florida Statutes; and
WHEREAS, SOUTH FLORIDA was created by Chapter 25270, Laws of Florida,
and was continued pursuant to the Water Resources Act of 1972, as amended, known
as Chapter 373, Florida Statutes; and
WHEREAS, Section 373.069, Florida Statutes, as amended by Chapter 78-65,
Laws of Florida, provides that the boundaries of the two Districts shall be
changed and a portion of SOUTH FLORIDA shall be transferred to SOUTHWEST; and
WHEREAS, it is for the best interests of said SOUTHWEST and said SOUTH
FLIRIDA, and is in conformity with the purposes for which said SOUTHWEST and said
SOUTH FLORIDA were created, to complete said negotiations at this time upon the
terms and conditions as hereinafter set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, and for other good and valuable considerations, the parties
hereto agree as follows:
1. It is the intent of this Agreement to make the transfer of duties,

responsibilities, assets and related matters as smooth and equitable as
possible, preserving continuity wherever possible and desirable.
2. All real property interests owned by SOUTH FLORIDA within the area

being transferred will be conveyed by SOUTH FLORIDA to SCOTHWEST by

separate instrument within sixty (60) days after execution of this Agreement.
A copy of the property rights held by SOUTH FI3RIDA is attached as Exhibit 1;
and a separate instrument will be prepared by SCUTH FIERIDA within sixty (60)

days after the execution of this Agreement transferring all real property
interests held by SOUTH FLORIDA within the area being transferred. All equip-
nent, other personal property and records owned, located and used by SOUTCH
FLORIDA solely within the area being transferred, will be delivered to SOUTH-

^ST as soon thereafter as practicable, but not later than thirty (30) days

from the date of this Agreement:









3. SOUTH FLORIDA will deliver to SOUTEST, as soon as practicable but not

later than sixty (60) days the execution of this Agreement, the following

information:

(a) All title information it has relating to the real property described

in Exhibit 1, attached hereto.

(b) Reproducibles of certified land surveys of all properties listed in

Exhibit 1, attached hereto.

(c) Reproducibles of certified engineering plans and specifications, as built,

of each of the facilities located on properties and easements described

in Exhibit 1, attached hereto, reflecting major construction items

heretofore constructed by SOUTWEST or controlled and operated by it.

4. Concurrently with the transfer of data listed in Paragraph 3 above, SOUTH

FLORIDA will deliver to SOUTHWEST all rules, regulations and procedures which

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

works being transferred, together with all equipment, tools, spare parts and

instruments as shown on Exhibit 1, attached hereto.

5. SOUTH FLORIDA shall perform a reasonable audit of its financial records

for the Fiscal Year 1977-78 for that part of its District and Basin records

relating to the transferred area. Copies thereof will be furnished to SOUTH-

WEST and it is agreed that such audit shall serve as the official record of

monies subject to transfer as provided in Paragraph 6.

6. SOUTH FIDRIDA shall transfer to SOUTHWEST, within sixty (60) days after

completion of the audit provided in Paragraph 5 above, the pro rata portion of

uncrmmitted District funds collected by SOUTH FLORIDA in Fiscal Year 1977-78

from ad valorem taxes levied within the transferred area for the expenses of

the District, together with the pro rata share of any uncommitted Basin funds

held for the benefit of that portion of the area being transferred. Such funds

shall be pro rated as of July 1, 1978, to October 1, 1978, and shall be in

direct proportion to ad valorem tax revenues received from the area transferred,

but reduced by any funds committed prior to the date of transfer. Additional

tax revenues subsequently levied and received by SOUTH FLORIDA after July 1,

1978, and all taxes received by SOUTH FLORIDA for the Fiscal Year 1978-1979

from area being transferred will be forwarded to SOUTHWEST. However, SOUTH

FLORIDA shall be entitled to any delinquent taxes paid and determined owed for

the period prior to July 1, 1978, for that portion of SOUTH FLORIDA'S area

transferred to SOUTHWEST under Chapter 78-28, Laws of Florida; and shall be

solely responsible and agrees to assume the liability of repaying any taxes


-2-









paid, collected and/or ordered to be repaid any taxpayer in that portion

transferred to SOUTHWEST for the period prior to July 1, 1978.

7. SOUTHWEST and SOUTH FLORIDA agree that personnel and equipment will be

reasonably available to assist, after July 1, 1978, in any administrative,

financial or operational problems associated with the area being transferred

to SOUTHWEST.

8. The terms and conditions of the foregoing Agreement have been presented

to, and approved by, the Board of Governors of the Southwest Florida Water

at a duly and properly called and held meeting of said Board on

1978, and the execution hereof has been approved.

9. The terms and conditions of the foregoing Agreement have been presented

to, and approved by, the Board of Governors of the South Florida Water

Management District, at a duly and properly called and held meeting of said

Board on 1978, and the execution hereof has been approved.

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 MANAGEMENT DISTRICT
In the Presence of:



DERRILL S. McATEER, CHAIRMAN




AS TO SOUTHWEST THEMAS M. VAN DER VEER, SECRETARY (SEAL)

SOOTH FLORIDA WATER MANAGEMENT DISTRICT




CHAIRMAN




AS TO SOUTH FLORIDA SECRETARY (SEAL)



















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LJ
RWB/sb
AGREEMENT


THIS AGREEMENT made and entered into this, the 5th day ofSeptember

A. D., 1975, by and between CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DIblKICT,

a public corporation of the State of Florida, hereinafter referred to as the

"DISTRICT", and HIGHLANDS COUNTY, FLORIDA, a political subdivision of the State

of Florida, hereinafter referred to as the "COUNTY".

WITNESSETH:

THAT WHEREAS, the COUNTY has requested that the Lake June-in-Winter Control

Structure, hereinafter referred to as the "STRUCTURE", located in Section 16,

Township 36 South, Range 29 East, be replaced and rebuilt by the DISTRICT; and

WHEREAS, the COUNTY has requested the DISTRICT to operate and maintain

the STRUCTURE upon its completion; and

WHEREAS, the COUNTY has requested the DISTRICT to operate and maintain

the existing 66 inch Culvert under Peachtree Drive at Stearns Creek, herein-

after referred to as the "CULVERT".

NOW, THEREFORE, in consideration of the benefits flowing from each to the

other, the parties hereto agree as follows:

1. The COUNTY shall:

a. acquire all rights of way and easements which are determined by

the DISTRICT to be necessary for the construction, operation and maintenance

of the STRUCTURE;

b. grant a license or permit, as necessary, to the DISTRICT to permit

the use of Peachtree Drive right-of-way extending 600 feet north and south of

the STRUCTURE for the purpose of construction, operation and maintenance of

the STRUCTURE;

c. maintain the canals upstream and downstream from the STRUCTURE

and CULVERT, except for that part of the canal adjacent to the STRUCTURE site,

and within the right-of-way deeded to the DISTRICT;

d. maintain the integrity and the centerline grade of Peachtree

Drive from State Road 621 northerly approximately two (2) miles to a point

600 feet northerly of the STRUCTURE as a drainage divide between Lake June-

in-Winter and Lake Francis-Jack Creek Area;

e. enlarge Jack Creek as required to enable it to convey all dis-

charge from the STRUCTURE to Josephine Creek.




-1-
Exhibit "A"
















2. The COUNTY shall assume all responsibility and liability for, and

to that end shall indemnify the DISTRICT and its personnel against the

following:

a. any and all claims and demands whatsoever for compensation for

injuries, damages or accidents to any persons, animals, materials and property,

real or personal, due or claimed to be due from, or arising out of, water

flowage or flooding, or either or both, due to the inadequacies of the canal

section or sections or the operation of or maintenance of the canals owned by

the COUNTY in the area encompassing Lake June-in-Winter, Lake Francis, Stearns

Creek and Jack Creek; and

b. any and all claims and demands whatsoever for compensation for

injuries, damages or accidents to any persons, animals, materials and property,

real or personal, due or claimed to be due, either directly or indirectly, to

acts of commission or omission by the COUNTY, its employees, agents, contractors,

or others acting for or on behalf of the COUNTY, if such claims or demands

arise either directly or indirectly out of the performance of this agreement,

by the COUNTY; and

c. the payment of all judgments obtained, by reason of injuries,

damages or accidents, in any suit or suits against the DISTRICT, including

all legal and court costs and expenses and such other expenses resulting

directly from such suit or suits., PROVIDED that such suit (suits) is (are)

the result of, or arise out of claims or demands as set out in subparagraphs

a. and b. above.

3. The DISTRICT shall be responsible for:

a. design and construction of the STRUCTURE;

b. upon completion of the construction of the STRUCTURE, operation

and maintenance of the STRUCTURE and the CULVERT in order to maintain a regula-

tion schedule, established by the DISTRICT, for Lake June-in-Winter;

c. operation of the CULVERT to discharge as much water as possible

through Lake Francis, during such periods that surplus water is available;

d. maintenance of the canal which is immediately upstream and down-

stream of the STRUCTURE and which is located within the right-of-way deeded to



-2-






., ." i-












the DISTRICT.

IN WITNESS WHEREOF the parties hereto have executed this agreement on

the day, month and years first above written.



CENTRAL AND SOUTHERN FLORIDA FLOOD
CONTROL DIS BY ITS GOVERNING
(Corporate Seal). BOARD

BY
Y Chairman /

ExB( in the presence f:
ATTEST' ;


BY
^Is ISMSTRICT/ Secretary


Legal rFrm Approved
FCD Office of Cound







BOARD OF COMMISSIONERS, HIGHLANDS
(Seal) COUNTY, FLORIDA


/Chairman
ecuted in he presence of: ;/




s to cOUNTY.. Cler circuit court



















"-3-





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