Title: Agreement between SWFWMD and Hillsborough River Basin Board
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 Material Information
Title: Agreement between SWFWMD and Hillsborough River Basin Board
Alternate Title: Agreement between SWFWMD and Hillsborough River Basin Board to acquire property in Pasco County for use as a flood detention reservoirs known as the Cypress Creek Flood Detention Area.1973.
Physical Description: 1p.
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 24
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051689
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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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 land acquisition purposes.

n) The parties hereto agree that this is not an allo-

cation of groundwater, as provided for in Chapter 373 and/or

Chapter 378, Florida Statutes 1973, for the reason that the

District has not as yet formulated a plan for allocation, as

provided in said law, and, therefore, the District cannot make

any allocations of groundwater to any user at this time. 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 with-

drawal 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, creation 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.

6. 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.

7. 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.

8. Pincllas hereby affirms that, at a duly constituted







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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.

9. 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.

10. 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.

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
As to District Chairman
ATTEST
Secretary

HILLSBOROUGH RIVER BASIN, a sub-
division of Southwest Florida
Water Management District

As to Hillsborough River Basin BY
Chairman Ex-Officio

ATTEST:
Secretary

PINELLAS COUNTY

BY
County Commissioners

As to Pinellas
ATTEST
Clerk of the Circuit Court


CITY OF ST. PETERSBURG

BY
Mayor


As to City ATTi:: :'i _________ __ ^
City Cli-rk













PERMIT AGREEMENT



THIS AGREEMENT, Made and entered into this day of

1973, between SOUTHWEST FLORIDA WATER MANAGEMENT DIS-

TRICT, a public corporation of the State of Florida, and HILLS-

BOROUGH RIVER BASIN BOARD, 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" and CITY OF

ST. PETERSBURG, a municipal corporation, hereinafter referred to

as "City,"

W I TN E S S E T H:

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, 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

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 in Pinellas, Hillsborough and Pasco

Counties, Florida, 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









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WHERE'AS, for the purpose of supplementing their supply

of potable water, Pinellas and City desire to construct, main-

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

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 economically feasible

for Pinellas and 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 Pinellas and/or City

that such permanent well field is economically feasible, Pinellas

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 acqui-

sition 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, Pinellas, City and the 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







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influencing the needs in the development of the local communities;

WHEREAS, Pinellas, City and the District believe that it is

for the best interests 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 and ecosystem protection;

(d) Outdoor recreation and open space.

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.

3. Phase 1 Land Acquisition.

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

District and 50% by Pinellas and City.

b) The District shall have the lands described in Exhibit

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

in writing, of the full acquisition cost of the land, including

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 and City shall deposit with the Distri. within

60 days of[ said notification, their sh]r, (.tf said funds equal to






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the amount available by the District for said land acquisition.

Said funds to be deposited in banks authorized under the laws

of the State of Florida and to draw the maximum amount of interest,

and interest shall be credited to the account of the District,

Pinellas and City.

c) Immediately upon the deposit of said funds by Pinellas

and City, the 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 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 the District,

Pinellas and City pursuant to the terms of this agreement.

d) 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-

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 and City to deposit their pro rata share

of the additional funds with the District within ___ days.

Upon completion of said land acquisition, the District shall give

a complete accounting of the land acquisition costs to Pinellas

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

correct.

e) Pinellas 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.

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

a) During the acquisition of lands, Pinellas and City

shall have their consulting engineer, and their staffs and planners








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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 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 and City. Due consideration shall be given to the

multi-purposes in preparing said plan. The firm of consulting

engineers, hydrologists and planners chosen by Pinellas 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 and City by the

by the District within days of receiving the proposed

plan of construction and testing from Pinellas and City.

5. Phase 3 Construction and Operation of Well Field.

a) In the event Pinellas and/or 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

and/or City shall notify the District of such determination, in

writing, on or before 19 and this agree-

ment shall in that event terminate as to Pinellas and/or City and

be of no further force and effect, except that Pinellas and City

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

installations; provided, however, that any and all test wells

left in place shall be capped or plugged, at the expense of Pinellas







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and City, upon written instructions from the District, as to

whether the said wells should be capped or plugged.

b) In the event Pinellas and/or 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 and/or 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, roadways and power line easements. The location

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

in writing, of the District, and shall prepare, or cause to be

prepared, appropriate legal descriptions of such sites and ease-

ments. Upon completion of such surveys and the preparation of

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

conveyance, give, grant and convey to Pinellas and to 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 and City, as heretofore provided.

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 purposes; and Pinellas 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, 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 ele-

vation, provided that adequate roadway drainage as approved by














the District, shall be provided by Pinellas and the City.

d) Pinellas 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' and City's operations in and about the

Flood Detention Area.

e) Pinellas 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 Flood

Detention Area to the general public and thereafter the District

shall take over the maintenance of such roadways.

f) Pinellas 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 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 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 and City shall maintain the

premises and all appurtenant structures and improvements in a

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

City shall paint and otherwise 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

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

area.

h) Pinellas and City do hereby declare their intent to

develop and use the Cypress Creek for the next stage of their








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additional water supply program, provided there is sufficient

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

economically feasible manner. Pinellas and City shall defer

the development of any other well fields until such time as

geographic, hydrologic or economic factors require their devel-

opment for the orderly and proper growth and development of their

water systems. Pinellas and City shall give the District six

(6) months' written notice prior to the commencement of a detailed

design and construction of any groundwater supply facilities

within the boundaries of the District other than the well field

provided for herein. This provision shall not preclude the con-

struction of additional wells within Pinellas County east of East

Lake Road and along the proposed pipelines toward Cypress Creek

and toward the Starkey well field areas as presently contemplated,

provided that such construction shall be subject to permit and

regulation by the District.

i) The production well sites shall not exceed ,

and shall be approximately 50 feet x 50 feet each, and the pumping

station sites shall not exceed and shall consist of approx-

imately two acres each. The transmission main easements shall be

such as shall carry out the present plans of Pinellas and City,

namely, that the water will be pumped to the main transmission

lines via a treatment plant or facility directly into the distri-

bution system of Pinellas' and City's water system.

j) Pinellas 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. 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








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*i_. __ ___________ ___ ___ _-^ ^___

















parties hereto agree that Pinellas and City shall, upon re-

quest of such authority or entity, transfer their rights and'

privileges hereunder and they shall receive credit for the costs

that they contributed to land acquisition, as well as the costs

for engineering, testing and permanent 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-

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

1) In the event Pinellas and/or City shall, at any time

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

Pinellas and/or City hall notify the District of such determi-

nation, and thereafter, Pinellas and/or 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 and/or City within

a reasonable time and Pinellas and/or City shall cap, or cause to

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

of Pinellas and/or City upon the determination by the District

that the wells must be plugged instead of capped.

m) In the event Pinellas and/or 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

and/or City shall be entitled to be repaid, without interest, by

the District for all actual costs paid by Pinellas and City to




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