Title: Agreement between SWFWMD and the Hillsborough River Basin Board
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 Material Information
Title: Agreement between SWFWMD and the Hillsborough River Basin Board
Alternate Title: Agreement between SWFWMD and the Hillsborough River Basin Board to develop and use the Lower Hillsborough Reservoir Well Field and defer the Lake Thonotosassa Well Field. 1969
Physical Description: 8p.
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 3, Folder 6A ( WEST COAST REGIONAL WATER SUPPLY AREA B3F6 ), Item 14
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051679
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.

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A AGREEMENT


THIS AGREEMENT, made and entered into this day of

A.D. 1969, by and between the SOUTHWEST FLORIDA

WATER MANAGEMENT DISTRICT, a public corporation, hereinafter

referred to as the "District," the HILLSBOROUGH RIVER BASIN

BOARD, a subdivision of the District, hereinafter referred to

as the "Basin," and CITY OF TAMPA, a municipal corporation of

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

WITNESSETH THAT:

WHEREAS, the District has acquired certain lands, including

sections 19, 20, 21, 28, 29, and 30, Township 27 South, Range 20

East, Hillsborough County, Florida, for use as a flood reten-

tion reservoir, known as the Lower Hillsborough Reservoir, which

lands are adjacent to and drained by the Hillsborough River and

the Tampa Bypass Canal, and

WHEREAS, the City, with an appropriate dam, treatment plant,

and distribution system, uses the water from said river for the

Waterworks System of the City by and through which it supplies

water to the inhabitants of the City and adjacent areas, and

WHEREAS, during certain periods of the year the supply of

water afforded by the Hillsborough River is inadequate to meet

the needs of the Waterworks System of the City and it is

necessary that the City augment such supply, and

WHEREAS, for such purposes the City desires to construct,

maintain, and operate a number of test wells, not to exceed

twelve, upon the aforesaid lands of the District for such period

of time as shall be reasonably necessary, expedient, or desir-

able to determine whether the quantity and quality of water

available in and from such area is such as to make it economically

feasible for the City to finance, construct, maintain and

operate upon such lands a permanent well field, consisting of

production wells, collector mains, pumping stations, transmission

lines and access roadways, and












WHEREAS, if it shall be determined by the City that such perma-

nent well field is economically feasible, the City desires to acquire

the permanent rights and interest hereinafter mentioned in the above

described lands of the District for such purposes; and

WHEREAS, the City owns the Northwest Quarter (NW 1/4) of the

Southeast Quarter (SE 1/4) of Section 28, Township 27 South, Range 20

East, Hillsborough County, Florida, less public rights of way, situate

and being within the aforesaid reservoir, in which the District and

Basin desire to acquire the permanent and perpetual flood rights and

recreational rights, as part of the Lower Hillsborough Reservoir; and

WHEREAS, the City owns the North Half (N 1/2) of the South Half

(S 1/2) of the Northeast Quarter (NE 1/4) of the Northwest Quarter

(NW 1/4) and the Northwest Quarter (NW 1/4) of the Northeast Quarter

(NE 1/4) of the Northwest Quarter (NW 1/4), less public road rights

of way, in Section 18, Township 28 South, Range 20 East, Hillsborough

County, Florida, in part of which the District desires to acquire

the fee simple title for use as right of way for the Tampa Bypass

Canal; and

WHEREAS, the rights to the ground waters in the above described

lands of the District are not required for the purposes of the Dis-

trict, and the exchange by the parties of the rights, titles, ease-

ments and interests in lands hereinbelow described and provided for

will serve the respective public purposes of the parties, will be

of public benefit, and will be in the public interest; and

WHEREAS, the City owns certain lands located in Sections l7 and

20, Township 28 South, Range 21 East, Hillsborough County, Florida,

which it holds for the purpose of developing a well field known

as the Lake Thonotosassa Well Field, for the supplying of additional

water to the inhabitants of the City of Tampa and areas adjacent to

the eastern boundary thereof, for a purpose similar to that for which

it is acquiring the water rights in the lands hereinbefore described

of the District and Basin; and






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WHEREAS, the City and the District and Basin believe that

it is for the best interests of the public they serve to develop

the well field in the Lower Hillsborough Reservoir; now, there-

fore, witnesseth:

THAT for and in consideration of the premises and the

mutual covenants hereinafter contained to be kept and performed

by the parties hereto as well as the sum of One Dollar each to

the other in hand paid, the receipt whereof is hereby acknow-

ledged, it is agreed by and between the parties hereto, for

themselves and their successors and assigns, as follows:


I

The City shall have and is hereby granted permission to

construct, maintain, and operate test wells, not to exceed twelve

in number, in and upon the lands of the District, to-wit:

Sections 19, 20, 21, 28, 29, and 30, Township 27 South, Range

18 East, Hillsborough County, Florida, for such period of

time as shall 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 economically

feasible for the City to finance, construct, maintain, and

operate upon such lands a permanent production well field,

consisting of production wells (not to exceed twenty in number),

pumps, collector mains, pumping stations, transmission mains,

access roadways, power lines, and necessary related facilities

and-appurtenances, for the purpose of permanently augmenting

water supply for the Waterworks System of the City.


II

In the event the City from the study, analysis, and pro-

jection of the test well operation records, costs, and engineer-

ing, construction, and financial considerations shall determine

that a permanent well field upon said lands shall not be

economically feasible, the City shall notify the District of

such determination (which shall be made on or before December 31,


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1971), in writing, and this agreement shall in that eventtermi-
nate and be of no further force and effect, except that the City

shall have a reasonable time in which to remove its test well

installations provided that any and all test wells left in place

shall be capped or plugged at the expense of the City at the

option of the District.

III

In the event the City shall determine that it shall be

economically feasible to finance, construct, maintain and oper-

ate a permanent well field upon such lands, it shall notify the

District of such determination in writing, and the City shall, at

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

well sites and pumping station sites and permanent collector and

transmission main, roadway and power line easements, the loca-

tion and route of which easements shall be subject to the approval

of the District, and shall prepare or cause to be prepared appro-

priate legal descriptions of such sites and easements.

IV

Upon completion of such surveys and the preparation of such

legal descriptions, the City shall, by good and sufficient easement
and deed (1) give, grant and convey to the District the permanent

and perpetual flood and recreational rights, free and clear of all
encumbrances, in and to the Northwest Quarter (NW 1/4) of the South-

east Quarter (SE 1/4), less public road rights of way, of Section 28,

Township 27 South, Range 20 East, Hillsborough County, Florida, and

(2) convey to the District the fee simple title, free and clear of
all encumbrances, in and to all that part of the following land with-

in the designated right of way for the Tampa Bypass Canal, to-wit:

The North Half (N 1/2) of the South Half (S 1/2) of the Northeast

Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) and the

Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of

the Northwest Quarter (N? 1/4), less public road rights of way,






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in Section 18, Township 28 South, Range 20 East, Hillsborough

County, Florida, and simultaneously therewith, the District shall

by good and sufficient conveyance give, grant, and convey to the

City, free and clear of all encumbrances, the ground water rights

in and to the aforesaid lands of the District, together with

perpetual easements and permanent rights of way for the construction,

reconstruction, maintenance, repair, use, and operation of pro-

duction wells, pumps, collector mains, pumping stations, trans-

mission mains, roadways, and power lines in,.over, through, and

across the lands described in the legal description to be prepared

by the City as heretofore provided.


V

The District, having acquired the lands herein affected for

use as a flood retention and conservation reservoir shall have

the right to flood said area for such purposes; and the 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

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 the City.

VI

The 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

the City's operations in and about the reservoir.


VII

The City shall at its own cost and expense 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 reservoir area to the general



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public, and thereafter the District shall take over and maintain

such roadways.

VIII

The 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 the City, when requested by the

District, shall make available to the District for inspection

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

water intercorrelation the test and permanent well production

records.


IX

The 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; the City shall maintain the premises and all appur-

tenant structures and improvements in a neat, clean and sani-

tary manner and condition; and the City shall paint, and other-

wise keep as near as practicable, all of its installations and

facilities in a color, condition and manner as shall be

compatible and harmonious with the use of such lands by the District

as a natural wilderness park and recreation area.


X

The City does hereby declare its intent to develop and use

the. Lower Hillsborough Reservoir Well Field for the next stage of

its additional water supply program, provided there is sufficient

water of the quantity and quality to meet its need in an economi-

cally feasible manner; the City shall defer the development of the

East Hillsborough Well Field, also known as the Lake Thonotosassa

Well Field, until such time as geographic, hydrologic, or economic

factors require its development for the orderly and proper growth

and development of the Waterworks System of the City. The City

shall give the District and Basin six (6) months' written notice


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prior to the commencing of detailed design and construction of any

ground water supply facilities within the boundaries of the

District and of the Basin.


XI

The production well sites shall not exceed twenty and shall

be approximately fifty feet (50') by fifty feet (50') each and

the pumping station sites shall not exceed three and shall consist

of approximately two acres each; the transmission main easements

shall be such as shall carry out the present' plans of the City,

namely, that initially the water will be pumped to the river above

the dam to augment the flow to the dam pool and that in the future

the water, should it be such as to make 'it feasible, will be

pumped via a treatment plant or facility directly into the dis-

tribution system of the Waterworks System of the City.


XII

The City shall not assign this agreement or any of its rights

or privileges hereunder without first obtaining the written consent
of the District.


XIII

As used herein and in the conveyances herein provided for,

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

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

are granted for public recreation purposes, the term "flood rights"

as used herein shall mean the permanent right to flood the lands in

which such rights are granted for the purposes of the grantee, and

the term "ground water rights" shall mean the sole, exclusive, and

permanent right to take, appropriate, and use as supply for a

water distribution system the ground, underground, or subterranean

waters in and from the lands in which such rights are granted.


XIV

In the event that the City shall, at any time in the future,

abandon the permanent well field, if constructed, the City shall


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notify the District of such determination, and thereafter the City

shall have the right to remove any or all parts of its installa-

tions upon the property of the District; provided, however, that

such installations or parts thereof shall be removed by the City

within a reasonable time and the City shall cap or cause to be

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

City, at the option of the District.


XV

In the construction, use and operation of the Lower Hills-

borough Reservoir well field, the City shall comply with all ap-

plicable laws of the State of Florida, including Chapter 373,

Florida Statutes, and the applicable Rules and Regulations of the

Southwest Florida Water Management District (Regulatory), Chapter

375.R-1, Florida Administrative Code.

IN WITNESS WHEREOF, the District, the Basin, and the City

have caused this agreement to be executed in their names and their

official seals to be hereunto affixed by their respective officers

thereunto duly authorized, IN TRIPLICATE, the day and year first

above written.


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

By
Chairman
Attest
As to the District Secretary


HILLSBOROUGH RIVER BASIN

By
Chairman Ex-Officio
Attest
As to the Basin Secretary

CITY OF TAMPA


Mayor
Attest
As to the City City Clerk


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