Title: Agreement, popularly known as the 5 Party Agreement
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Full Citation
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Permanent Link: http://ufdc.ufl.edu/UF00051159/00001
 Material Information
Title: Agreement, popularly known as the 5 Party Agreement
Alternate Title: Appendix No. 6: Agreement, popularly known as the 5 Party Agreement, between SWFWMD, SWFWMD-R, Pinellas County, Pasco County, Hillsborough County, and City of St. Petersburg.
Physical Description: 20p.
Language: English
Publication Date: Nov. 14, 1973
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 4 ( ST. PETERSBURG, CITY OF V. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ), Item 36
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051159
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

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eef -

AGREEMENT


THIS AGREEMENT, Made and entered into this 14 day of

November, 1973, between SOUTHWEST FLORIDA WATER MANAGEMENT

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

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY), a

public corporation of the State of Florida, 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," HILLSBOROUGH COUNTY, a

political subdivision of the State'of Florida, hereinafter"

referred to as "HILLSBOROUGH," 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, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

(REGULATORY) is a water regulatory agency created by SOUTHWEST

FLORIDA WATER MANAGEMENT DISTRICT, in 1968 pursuant to Chapter 373,

Florida Statutes; and

WIIEREAS, PINELLAS is a body politic; and

WHEREAS, PASCO is a body politic; and




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WHERAS, HIILLSBOROUGH is a body politic; and

SWHEREAS, 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

reservior 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

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 rapdily

developing areas; and

WHEREAS, HILLSBOROUGH, ever mindful of its future needs for

potable water supplies, and currently being a production area for

water which is transported to and consumed in another county,

desires to promote the prompt formulation and implementation of

a regional approach toward water production; and

WHEREAS, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT has

the duty and responsibility within its jurisdiction to establish

rules, regulations, and orders to obtain the most beneficial








21








use of the water of the state and to protect the public health,

Y safety and welfare and interests of the water users affected; 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, there has been great public interest and lengthy

public hearings, meetings and conferences relating to the use

and availability of water within the area; and

WHEREAS, the Governor and Cabinet, sitting as head of the

Department of Natural Resources of the State of Florida, herein-

after referred to as "DNR," have directed the Division of Interior

Resources of DNR to hold a conference and seek solutions to

anticipated water shortages and to work with the DISTRICT to

develop the long range solution to water supply, allocation and

use in the area; and

WHEREAS, numerous members of the Legislature of the State

of Florida, individually, collectively through legislative

delegation action, and in their respective capacities of

leadership within the Legislature have called for recommendations

for solutions to present and anticipated problems related to

water supply and use; and




i
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I
,i

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WHEREAS, the parties to this AGREEMENT have come together

Sin a sp irit of cooper tion in order to char t a fu tu re cou rse

toward solving the mutual and individual problems of the parties

in such a way as to obtain adequate supplies of potable water

in such manner as to avoid unnecessary ecological alteration,

to prevent environmental degradation and to protect the rights

of property owners;

NOW THEREFORE, in consideration of the mutual covenants

.and conditions herein contained and for other good and valuable

considerations, the parties hereto agree as follows:

1. That the potable water needs of the West Coast area

of Florida can best be met through a regional water supply

approach and that a single authority should be vested with the

duty, responsibility and authority for establishment of a regional

water supply to meet the needs of Hillsborough, Pinellas and

Pasco Counties, and perhaps other areas as well.

2. There is divided opinion as to whether this authority

should be vested in an existing agency or should be vested in a

new agency created specifically for such purposes. It is agreed

that if a decision cannot be reached prior to the next regular

session of the Legislature, then the matter should be left to

the discretion of the Legislature as to which alternative should

be selected, but in any event, it is agreed by all that some

decision is necessary in the forthcoming regular legislative

session.








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3. That any regional water supply should utilize all

practical means of obtaining potable water, including withdrawals
of surface water, withdrawals of groundwater, recycling of waste

water and desalinization.

4. That the regional authority shouldengage in the

production and treatment of water which should then be available
at cost to the respective counties and cities for local

distribution; that the regional authority should not engage in

local distribution.

5. That the withdrawal of water, both ground and surface,

should be subject to reasonable regulation by the DISTRICT.

6. That ultimately, the entire region should be served

by interconnecting water transmission facilities to be operated

by the regional authority; the authority should be reimbursed

for reasonable costs based upon a differential schedule

reflecting transmission and production costs.

7. That present operations cannot be held at a standstill

until a regional supply system is established, and that interim

steps must be taken in such way as to be compatible with develop-
ment of an overall water supply system.
8. That the easement acquired by PINELLAS and CITY from

the Seaboard Coast Line Railroad, extending from the Eldridge-

Wilde well field to the CYPRESS CREEK area, and the water

triansniss:Lon pipeline to be constructed d tleron, Libeivailable

for voluntary__transf r-to-tiTe ....reginal_water supply system,

toge their .with. anyproduction facilities, with full compensation
S to be made therefore, but such compensation shall not exceed

expenditures, including interest.


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9. DISTRICT, PINELLAS, PASCO and CITY, simultaneous with

the execution of this AGREEMENT, are also executing a "CYPRESS

CREEK AGREEMENT" relating to the joint acquisition of the Cypress

Creek Flood Detention Area. The execution of this AGREEMENT

is conditioned upon the simultaneous execution of the CYPRESS

CREEK AGREEMENT, a copy of which is attached hereto as EXHIBIT 1.

10. Pursuant to the terms of the CYPRESS CREEK AGREEMENT,

the parties agree to explore the feasibility of utilizing the

Cypress Creek Flood Detention Area as a well field, so long as

it will also serve as a flood detention and water storage

area. The right to the use of such well field, together with
-. .~--~-- c------ .--.,,,"'4-"-'" ...-~-...1---.--.-----~'
any appurtenant__ roluction and treatment facilities and equipment

shall be transferred to the regional system with full compensation

to be made therefore, but such compensation shall not exceed

actual expenditures, including interest.

11. CITY does hereby agree to supply to PINELLAS up to

two million gallons of water per day (2 MGD), commencing November 1,

1973, until the CYPRESS CREEK well field has been brought into

production, at which time PINELLAS agrees to return such

quantity to CITY on a gallon for gallon basis, plus 101o additional

as a time adjustment.

12. That the DISTRICT, pursuant to Chapter 373, F.S., its

rules and regulations duly adopted thereunder, and other applicable

law, has the authority and responsibility, within its jurisdiction,

to establish rules, regulations and orders to obtain the most

beneficial use of the water of the state and to protect the public

health, safety and welfare and the interests of the water users
affected.



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13. That PINELLAS operates a well field, known as the

Eldridge-Wilde well field, located in Sections 1, 11 and 12,
Township 27 South, Range 16 East, and Section 6, Township 27

South, Range 17 East, Hillsborough County, Florida, for the

withdrawal of groundwater.

14. That the lands described in paragraph 13 above, and the

groundwater withdrawal therefrom, are within the boundaries of the

DISTRICT, and the withdrawal therefrom is subject to the rules,

regulations and authority of the DISTRICT.

15. That thpre now exists the necessity for regulating the

withdrawal of water from said well field, in order -to obtain the

most beneficial use of the water resources of the state and to

protect the public health, safety and welfare and the interests of

the water users affected. PINELLAS COUNTY, however, by signing this

AGREEMENT does not admit or acknowledge that its operation of its

Eldridge-Wilde well field has caused any damage to the aquifer.

16. That the DISTRICT held a hearing on July 11, 1973, and

continued to September 12, 1973, as to what Regulatory Order should

be placed upon PINELLAS' operation of the said Eldridge-Wilde well

field. On September 12, 1973, the DISTRICT entered a Regulatory

Order No. 73-3R, a copy which is attached hereto as EXHIBIT 2,

1 as to PINELLAS' operation of the Eldridge-Wilde well field.

17. That PINELLAS has appealed said Order by Petition for

I a Writ of Ccrtiorari to the Second District Court of Appeals, and
has requested a review of said Order by the Department of Natural

Resources of the State of Florida.

I-)




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18. That the DISTRICT las the jurisdiction and authority to

{( impose reasonable regulations on PINELLAS as to its operation
of the Eldridge-Wilde well field and throughout the fifteen-

county area of the DISTRICT.

18A. The parties agree that, based upon'current scientific

knowledge, technology and theory, the Eldridge-Wilde well field

can most appropriately be regulated by the establishment of

monitor levels and that the gallonage hereafter set forth will

-be converted to monitor levels on October 1, 1974, or as soon

thereafter as possible.
19. That, under present conditions and in light of existing

circumstances, it is reasonable for DISTRICT, at its regularly

scheduled meeting set for November 14, 1973, to modify paragraphs

numbered 1 through 4 of said Order No. 73-3R to provide as follows:

( ,"1. The average daily withdrawals from such well
field for transmission off the premises as measured cumlatively

in millions of gallons per day (MGD) shall not exceed the following

amounts:
"a. From August 1, 1973 36 MGD

"b. From November 1, 1973 34 MGD

"c. From April 1, 1974 29.5 MGD

S"d. From October 1, 1974 28 MGD

"2. The maximum daily withdrawal shall not exceed 44 MbGD.

"3. a. Reports of withdrawals for each weekly period

shall be made by PINELLAS to DISTRICT by telephone on the following

Monday and confirmed in writing on forms to be provided by
t DISTRICT; such weekly periods shall commence at 12:01 a.m. on

Saturday of each week.



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"b. Withdrawals shall be measured cumulatively

from August 1, 1973 through September 30, 1974. A new production

year shall start on October 1, 1974 and each October 1, thereafter.

Accumulations may be withdrawn at any time, subject, however, to

the limitations imposed by paragraph 2 above but such accumulations

shall not carry over from one production year to another beyond

the first six weeks of such production year. Deficit production

over cumulative amounts shall only be permitted during the first

six weeks of each production year.
"4. a. That aquifer testing of the well field shall

be conducted under direction and supervision of the DISTRICT and

a public hearing be held to consider establishing regulatory

levels and controls in lieu of maximum withdrawal rates set

forth hereinabove to govern after October 1, 1974.
""b. That the maximum withdrawal rates set forth

hereinabove shall apply until October 1, 1974 or thereafter until

such regulatory levels and controls have been established, provided,

however, that the well field will be closely monitored and any

adverse horizontal or vertical movement of the saltwater- fresh-

water interface could necessitate appropriate modification of

withdrawal rates or such other action as may be required to halt

such adverse movement."

20. PINELLAS waives notice of hearing to amend said Order

No. 73-3R as set forth hereinabove and hereby consents to such

amendment.

21. PINELLAS further agrees that upon such amendment being

made to said order by DISTRICT, PINELLAS will immediately withdraw




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and abandon its Petition for a Writ of Certiorari filed with

the Second District Court of Appeals, waiving its right to appeal

said order, as amended.

22. PINELLAS further agrees that upon such amendment being

made to said order by DISTRICT, PINELLAS will immediately withdraw

its formal request for review of said Order by the Department

of Natural Resources.

22A. PINELLAS, in submitting to the jurisdiction of DISTRICT

to regulation pursuant to the laws under which the DISTRICT

operates, reserves unto PINELLAS any right to contest future

orders issued thereto which PINELLAS may have under the Constitution

of the State of Florida and of the United States and under the

General Laws of the State of Florida.

22B. PINELLAS and DISTRICT'agree to expedite all provisions

necessary to enable PINELLAS to carry out the terms of this

AGREEMENT.

23. That the CITY operates certain well fields in Hillsborough

County, Florida known as the Cosme-Odessa well field and the

Section 21. well field, and in Pasco County, Florida, known as the

South Pasco well field, located in Sections 28, 32 and 33,

Township 26 South, Range 18 East, for the withdrawal of groundwater.

24. That, tlhe lands described in Paragraph 23 above, and

the groundwater withdrawal therefrom, are within the boundaries

of the DISTRICT, and the withdrawal therefrom is subject to the

rules, regulations and authority of the DISTRICT.

25. That there now exists the necessity for regulating the

withdrawal of water from said well field, in order to obtain the





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the most beneficial use of the water resources of the state and

to protect the public health, safety and welfare and the interests
of the water users affected.

26. That the DISTRICT has the jurisdiction and authority

to impose reasonable regulations on CITY as to its operation

of the South Pasco well field and throughout the fifteen county

area of the DISTRICT.

27. That, under present conditions and in light of the

existing circumstances, it is reasonable for DISTRICT to enter a

regulatory order relating to the operation of the South Pasco

well field, which provides as follows:

"1. That CITY, its agents and employees, shall not

withdraw, or cause to be withdrawn, from the South Pasco well

field, any amount of water which will cause the levels in certain

0i observation wells to be lower than the elevations prescribed

below:

"a. The weekly average elevations of the

potentiometric surface of the Floridan Aquifer as determined

cumulatively shall not be lower than:
"(1) 42.0 feet above mean sea level as

measured at the State Road 54 deep

observation well.

"" "(2) 41.0 feet above mean sea. level, as
measured at the South Pasco deep ob-

servation well #45.









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"(3) 37.0 feet above mean sea level, as

measured at the South Pasco deep

observation well #42.

"b. At no time shall the weekly average elevations

of the potentiometric surface of the Floridan Aquifer be more

than 4 feet below the elevations set forth in (a) above.
"c. A hearing shall be held on April 10, 1974

to consider establishing of monitor levels for the shallow aquifer

to become effective October 1, 1974;

"2. a. Reports of weekly average elevations for each

weekly period shall be made by CITY to DISTRICT by telephone

on the following Monday and confirmed in writing on forms to be

provided by DISTRICT; such weekly periods shall commence at

12:01 a.m. on Saturday of each week.

"b. Such weekly average elevations shall be

calculated by adding together the high reading for each day and

the low reading for each day, then dividing the sum thereof by

14; each weekly period shall commence at 12:01 a.m. on Saturday

of each week.

"c. The weekly average elevations shall be

determined cumulatively from August 1, 1973 through September 30,

1974. A new production year shall start on October 1, 1974 and

each October 1, thereafter. Cumulative weekly average elevations

shall not carry over from one production year to another, and

production causing regulatory levels to drop below the cumulative

weekly average elevations shall only be permitted during the

first six weeks of each production year.




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"3. The CITY, at its own expense, shall by June 1,

1974, provide the following facilities:
"a. A deep observation well located west of the

well field at a distance of not less than 2,000 feet from a

~ producing well.
"b. A recording precipitation gage located within

the well field.

"4. Specifications and locations of the above facilities

shall be approved by the Staff of the SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT.

"5. That the monitor levels set forth hereinabove

shall apply until October 1, 1974 and thereafter until such

regulatory levels and controls have been modified by order of

DISTRICT, provided, however, that the well field will be closely

monitored; any adverse horizontal or vertical movement of the

saltwater- freshwater interface could necessitate appropriate

modification of regulatory levels or such other action as may be

required to halt such adverse movement; any significant adverse

environmental change attributable directly to the operation of

said well field could necessitate appropriate modification of

this order."

27A. That, under present conditions and in light of existing

circumstances, it is reasonable for DISTRICT, at its regularly

scheduled meeting set for November 14, 1973 to modify paragraphs 1

through 4, 6 and 7 of SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

(REGULATORY) Order No. 72-1 to provide as follows:

"I. That the CITY, its agents and employees, shall

*' not withdraw, or cause to be withdrawn, from the wells in the



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aforesaid Cosme-Odessa well field, Hillsborough County, Florida

g any amount of water which will cause the weekly average
elevation of the potentiometric surface of the Floridan Aquifer

as determined cumulatively to be less than:

"a. Twenty-two (22) feet above mean sea level

as measured at the "Water Plant E-100"

observation well (280548N0823557).

"b. Twenty-five (25) feet above mean sea level,

as measured at the "James 11" observation

well (280703N0823417).
"c. Twenty-four (24) feet above mean sea level,

as measured at the "Calm 33A" observation

well (280836N0823438).

"2. That the CITY, is agents and employees, shall

Snot withdraw, or cause to be withdrawn, from the wells in the

aforesaid Section 21 well field, Hillsborough County, Florida,

any amount of water which will cause the weekly average elevation

of the optentiometric surface of the Floridan Aquifer as

determined cumulatively to be less than:

"a. Thirty-three (33) feet above mean sea level,

as measured at the "Hillsborough 13"

observation well (280704N0823030).

"b. Thirty-four (34) feet above mean sea level,

as measured at "Jackson 26A" observation well

(280753N0823059).

"3. a. At no time shall the weekly average ulovations

"C) of the potontiometric surface of the Fbridan Aquifer be more than

"3 feet below the elevations set forth in paragrpahs 1. and 2.

above.

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"b. Weekly average elevations shall be calculated

by adding together the high reading for each day and the low

reading for each day, then dividing the sum thereof by 14; each

weekly period shall commence at 12:01 a.m. on Saturday of each

week.

"c. The weekly average elevations shall be

determined cumulatively from November 1, 1973 through September 30,

1974. A new production year shall start on October 1, 1974

and each October 1, thereafter. Cumulative weekly average

elevations shall not carry over from one production year to

another, and production causing regulatory levels to drop below

the cumulative weekly average elevations shall only be permitted

during the first six weeks of each production year.

"d. The total maximum withdrawals from the

combined Cosine-Odessa and Section 21 well fields shall not exceed

168 million gallons per week which amount shall not be figured

cumulatively. Production shall be reasonably balanced between

the two well fields.

"4. Reports of weekly average elevations for each

weekly period shall be made by CITY to DISTRICT by telephone on

the following Monday and confirmed in writing on forms to be

provided by DISTRICT; such weekly periods shall commence at

12:01 a.m. on Saturday on each week.

"6. A hearing shall be held on April 10, 1974 to

consider establishing of monitor levels for the shallow aquifer

to become effective October 1, 1974.






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"7. That the monitor levels set forth hereinabove

shall apply until October 1, 1974 and thereafter until such

regulatory levels and controls have been modified by order of

DISTRICT, provided, however, that the well field will be closely

monitored; any adverse horizontal or vertical movement of the

saltwater freshwater interface could necessitate appropriate

modification of regulatory levels or such other action as may be

required to halt such adverse movement; any significant adverse

environmental change attributable directly to the operation of

said well field could necessitate appropriate modification of

this order."

28. CITY waives notice of hearing to issue orders containing

the provisions set forth hereinabove and hereby consents to

DISTRICT making such regulatory orders.

Q 29. It is specifically agreed between DISTRICT and PINELLAS

that this AGREEMENT shall be null and void insofar as it relates

*to PINELLAS unless the DISTRICT modifies its regulatory Order

No. 73-3R consistent with the provisions set forth hereinabove,

including specifically paragraph 19.

30. It is specifically agreed between DISTRICT and CITY

that this ACREEMENT shall be null and void insofar as it relates

to CITY unless the DISTRICT issues regulatory orders consistent

with the provisions set forth herein, including specifically

paragraphs 27 and 27A.

31. JThe parties further agree that notwithstanding any of

the provisions contained herein, the withdrawal of water from

^ the aforementioned well fields shall, at all times, be subject




35







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 the State of

Florida or the District under the Constitution and the laws

of the State of Florida.

31A. All parties to this AGREEMENT shall be afforded full

access to all monitoring devices and records at any reasonable

time.

32. The SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT hereby

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

Governors on the 14 day of November 1973, it approved

the terms of this AGREEMENT and the execution thereof.

33. PINELLAS hereby affirms that, at a duly constituted

meeting of the Board of County Commissioners on the 13 day of

November 1973, it approved the terms of this AGREEMENT

and the execution thereof by PINELLAS.

34. PASCO hereby affirms that, at a duly constituted

meeting of the Board of County Commissioners on the 13 day of

November 1973, it approved the terms of this AGREEMENT and

the execution thereof by PASCO.

35. CITY hereby affirms that, at a duly constituted meeting

of the City Council of the 1st day of November 1973,

it approved the terms of this AGREEMENT and the execution thereof

by the CITY.






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36. HILLSBOROUGH hereby affirms that, at a duly constituted

Smeetin g of th e Board of Coun ty Comm mission er s on th e 8 day
of Nov. 1973, it approved the terms of this AGREEMENT

and the execution thereof by HILLSBOROUGIH.
37. This AGREEMENT constitutes the entire agreement between

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.







































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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


Attest_
As to Southwest Florida Water Secretary
Management District


PINELLAS COUNTY


By
Chairman, Board of
County Commissioners


S__________________________ Attest_
SAs to Pinellas Clerk of the Circuit Couri



PASCO COUNTY


By
Chairman, Board of
County Commissioners


Attest
As to Pasco Clerk of the Circuit Cour

CITY OF ST. PETERSBURG

By
NMayor

Attest_
As to City City Clcrk





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HILLSBOROUGH COUNTY



By'
Chairman, Board of
County Commissioners



Attest
As to Hillsborough Clerk of the Circuit Court













































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