Donald R. Feaster
December 9, 1976
(g) The County and City shall be sold by the Authority 20 mgd and 10
mgd respectively. These amounts are reduced by 1/2 the amount
sold to third parties. Both County and City have absolute rights
to purchase excess water coming from Cypress Creek. All payments
for water sold to be made monthly to the Authority. Of the 20
mgd going to County, Authority can give 3 mgd to Pasco until
October 1, 1978 and up to 10% of daily amount produced thereafter
to be from Pinellas's share.
(h) After the Authority pays all debts to the City and County, it will
reserve the amount of water for sale to the City and County for
at least the amounts supplied in the past period of time.
(i) County allows the Authority to purchase any well field developed
on Norris Cattle property provided County given preferential
right to buy the water produced thereon.
(j) .Both Agreements provide no assignment, lease or alienate the
Authority's interests obtained under these Agreements without
the County and City's permission.
(k) Both Agreements provide for revocation of these Agreements upon
a material breach of the terms by the Authority. A material
breach is any failure by the Authority to comply with any or all
obligations of these Agreements.
Both the County and City Agreements incorporate by reference the November 14,
1973 Cypress Creek Agreement with the District, the Operational Agreement of
August 30, 1974 for Cypress Creek Between City, Pasco and Pinellas Counties, the
Transmission Line Agreement Between City and Pinellas County for the 84"
pipeline and Pinellas County's 66" pipeline.
Generally, the executed Agreements are written to protect the County and City's
present and future water needs, and reserving all options to cancel with the
City and County.
December 9, 1976
TO: DONALD R. FEASTER, EXECUTIVE DIRECTOR
FROM: JAY T. AHERN, STAFF ATTORNEY P :I
RE: Executed Agreements Between West Coast Regional Water Authority
With Pinellas County And City Of St. Petersburg On Sale Of
Cypress Creek Well Field And The 84" And 66" Pipelines
The key points in the two Agreements are:
(a) The City and County retain all rights and possession until the
Authority makes full payment for the land and facilities built
by them. Possession and right to use the City and County's
interests in Cypress Creek goes to the Authority on December 1,
1976 and January 1, 1977, respectively.
(b) City and County will execute the necessary deeds, Conditional
Sale and Conditional Assignments to the Cypress Creek Lands,
Easements and Management Right to the Authority except for the
obligations to pay for land acquisition, develop and construct
the facilities to reach a capacity of producing an average yield
of 30 mgd. Pinellas assigns its interest in the 84" line to the
(c) Authority to buy the facilities and land of the County and City
within 150 days after taking possession of the completed facilities,
based upon a total expenditure plus interest for the facilities
to be certified by the County and City. Payment to be made
monthly over 30 years with option to pay off the balance at any
(d) In the 84" and 66" pipelines, Pinellas County reserves the right
to use the unused capacity of the pipelines for a fee to be
determined; and the City leases a 50/130 of a pipeline to the
Authority for 30 years.
ed) Both Agreements provide a non-acceptance of a water crop criteria
by the County and City, and provides for the Authority to hold a
similar position. The Authority is to be the applicant for a
Consumptive Use Permit for not less than 30 mgd on an average
annual and maximum daily basis.
(f) Any change in the Authority's membership, duties or powers at the
County or City's options can cause a cancellation of this Agreement.