Title: Memorandum re: attached Document associated with Water Supply
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00052284/00001
 Material Information
Title: Memorandum re: attached Document associated with Water Supply
Alternate Title: Memorandum re: attached Document Entitled "Contract Concerning Water Supply and Water Sources Between Pasco County and WCRWSA."
Physical Description: 22p.
Language: English
Publication Date: Sept.4, 1983
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 4, Folder 11 ( FIVE PARTY AGREEMENT ), Item 4
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052284
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

September 4, 1980


TO: 0. R. FEASTER. Executive Director
G. W. usBL. Director, Regulatory Division
W. F. SIETMAN, Chief, Project Development Section
W. 0. COURSER, Chief, Environmental Section
F. H. MUSSELMAN, Chief, Real Estate Section

FROM: C. H MILLER, Director, Resource Development Division
RE: Docuent Entitled "Contract Concerning Water Supply and
Water Sources Between Pasco County and West Coast Regional
Water Supply Authority"

Attached document copy is reported to have been approved by West
Coast Regional Water Supply Authority Board on June 25, 1980.
Please review It and report any comments you have back by
September 30, 1980.
CHM: cdl
cc: John Wehle, Interagency Coordinator

Copy to
Jay Ahern

NPS would like for you to review this document. Please look at land
ownership development for Cypress Creek and Development for Multi-purpose
use. NPS would like a copy of your response.
Thank you, O
Cassandra Atkinson -


S %7



"...THIS CONTRACT, made and entered into as of .hi s day of
A .
I_ *,e el1980, by and between WEST COAST WHEGTONAL WATER

SUPPLY AUTHOR ITY, (the "Authori Ly") and PASCO COUNTY, (t.he

+ En Nbvember, 1973, I he County, Pi nenlas Count y, If ilsbtorough

County, Cit.y of St Petersburg, and the Southwest: Fiorida Water

SMaagemenLt Dioist.rijct, jointly acknowledged i.that: t he potable water

" needa and wa( er-rel at.ed envi rornent. al concerns of the. West. coast ..
.: "-,"are of Plort idai including those of t he Count v, could best he ,^.:i.
-.-- :. s ed by a rei onal water supply authority, to be managed by a "y "

$iSnrTe governmental author' ly. The part.i .s al so ,cknowledqed that. -
: '::,- y"c, ;I-. a region l, aul:hori ty would engage in t.he. product ion and

-:-.,- .t~!-?nrent: of water, which would then he available at cost to .he

;,--: ..r:;r-s,,ecl ive counties and cities for .local di st ri but iorn, at hei t such
--':. ..ftonal aut:hori ty would not engage in Tocal di s-ribut ion.

; ,- f' .- En Ihe sar,,e mont h andt year, Ihe Count y, Pin tl l s Coutnty,. the
C.t y of St.. Pet'ersburg, and the Southwest Fl or iat Wtter eanageioent .

SDistrict, jointly acknowledged lhat it was import ant to cooperate

"'| on a basis of mutual advantage l-hereby prov irlinq services and

; EfaciJ cities in a nranner, and pursuani t.o for,.s of 1overnntenlta]

(orqani zar:ion ..hal. would accord bestr wi th I le .qeocra.hi c, econoni c,

.i- popul action, and oR-her factors inf] ueci nr i |'? r eercs and the
t it; ,,vet of rent. of rthe l oca, conm,, it i es. The pa rti e a s'o acknow-

.. letlcerL : tl^a. J f there was wi hin t he CVpress Cr' ,k ,rea sufficient
i:| wiior of Ihe quality and qucdnt iIy to p ^r11ce ri a innimiini of

4.1 l'or* v-f ivt: (,:5) ri( C.nr nlr y Pinel'li s C:ounty a nd r he C:i y of ;I P ir'-iirl wu, cfl ftfer

4 o -"


t he development of any other wat er resource within Pasco County,

unless approved by the Governing Board of t he Southwest Florida

Water Management District" and adjacent and affect ed property


Thereafter, the Autthority was duly created under Chapter 373,

Florida Stat utes, by an inter-local Agreement made and entered

into on October 25, 1974, between t.he County, Pinellas County,

Hiillsborough County, the City of St.. Petersbutrq, and the City of

Tampa. The Agreement authorized t-he Aut.horit-y t-o acquire water and

water rights, provide for its development, storage, transporta-

t.i on, and to sell and deliver wat er for municipal and county

purposes at. rates which would apport-ion the Authoritv's capital

and operating costs and expenses t:o purchasers of its water, but

the Aut.hority would not be allowed to engage in local dist-.ribu-

Lion. In carrying out these activities, the Atut.hority was required

to ,give due considerate ion to the envi ronment.al effects of the

withdrawal of waler.

After the creation of the Authority, various water rights and

I.ransmission facilities in connection with two welI fields in the

County have been transferred to, or made available for use by the

Authority. Also, after such creation t-he A=uthority and t Ihe County

entered into an agreement dated March 22, 1977, specifying that

Aut hority members excludi ng t le County would obtain writ fen

consent. of the Authori ty prior to construct i-i nq or devel opi ng any

future water supply faci cities within the Count Vy.

The Count.y and the Authority both real ize t hat I he ltinmatle

success of th.e Authority and its evolutiron as a truIy regional

irnst.i t ut ion depends up.on commi tlmient bi y -ach o ii benefits

f lowing to each of the Authority's government l I p<;irticipin( s. Such

cirrtn i trent s and beef its obviously inclulce be ir n a cu'st one of the

Authority and i t he cost of w er supply eeini Loee hv <-.ch

hcnof i ci cr-ry based on t ho benefits rece ived .

By this contract, the County and the Authority desire to

provide for a variety of matters regarding water supply, and water

sources within Pasco County. Such matters include, among other

items, the payment to the Authority of sufficient funds to allow

the Authority to construct a pipeline for the supply of water to

the County and the development of future water sources within

Pasco County by the County and the Authority jointly.

The foregoing objectives can be best achieved by the purchase

by the County of water. The Authority can make available to the

County additional water by constructing a pipeline for the

transportation of water from the Cypress Creek facilities. The

Authority can only construct the pipeline uoon certain assurances

of payment. The only assurance that will be sufficient for the

Authority is that until the pipeline is fully paid for under the

conditions as set forth herein, the County will make payments to

the Authority to pay off the construction costs.

NOW, THEREFORE, in consideration of the provisions hereof,

and the recitals, the Authority and the County agree as follows:

1. "Annual Entitlement" means the portion of water to be made

available to the County during a given Project Water Year, at the

connection points designated for the County under this contract.

2. "Cross Bar Ranch" means the property in Pasco County known

as the Cross Bar Ranch to be used by the Authority pursuant to the

agreement entered into on November 8, 1977, between Pinellas

County and the Authority.

3. "Cypress Creek" means the pumping station, 84" and 66"

transmission. mains and other facilities located at Cypress Creek

in Pasco County and defined in those certain agreements entered on

November 22, 1976 and March 22, 1977, between the Authority and

Pinellas County, the Authority and the City of St. Petersburg, and

the Authority and the County.


4. "Fiscal Year" means the Authority's fiscal year.

5. "Pipeline" means the pipeline and well, if necessary, to

be constructed by the Authority for the supply of water from the

existing- Cypress Creek transmission facilities to the County.

6. "Future Water Supply, Water Resources, Water Well(s)

and/or Wellfield(s)" mean individual wells with a capacity of

one-half million gallons per day (.5 mgd) or more and which are

not in existence at the date of the execution of this contract.

1. Term. The obligation of the County under this contract to

pay the Pipeline Capital Costs, if no water is sold or delivered,

shall become valid upon its execution and shall remain in full

force and effect until the latter of (a) the full payment of the

Pipeline Capital Costs, or (b) ten (10) years. It is the intent of

both parties that the obligation of the Authority to supply the

County with water, as well as other rights of the County, and the

obligation of the County to pay the Pipeline Capital Costs, if

still applicable, and the Water Rate be permanent and remain in

perpetuity to insure the County its maximum entitlement of water

as determined in Paragraphs 3, 4 and 5 of Part B in future years.

The provisions of Parts C and D of this contract shall take

effect immediately upon the date of execution and shall continue

in perpetual effect, unless terminated under the terms, conditions

and limitations set forth in those two parts.
2. Enforceability; Non-terminability. The Authority and the

County recognize that causes, foreseen or unforeseen, beyond the

control of the Authority could result in the Authority's failure

to supply water to the County. The County further recognizes that

to construct the Pipeline, the Authority must be assured that the

County will pay the Pipeline Capital Costs in such events without

regard to the delivery or non-delivery of water. The County shall

be obligated to pay the Pipeline Capital Costs without notice or


demand and wiLhout setof f, count erclaimi, abat eenten suspens ion or

deductcl ion, except: as rrovi(led in this cent ract .

The County further recognizes that its failure or refusal to

accept, de] very of rthe wal.er to whi ch it is onl il 1ed hereunder

shall in no way relieve .the County of iis obli nation to pay the

Pipeline Capital Costs to tIhe Aut horitv as provided for in this

contract.. The Count.y is not. requi red to pay t he Water late

required by Paragraphs 3 and 4 of Part It on wat oer not del i vered or

on walter not. accepted, even though water refused or not used may

be a part. of t.he County's Annual Ent.i t element The Cotnt y shall be

obli gated to pay t.o l.he Authority t.he payment, s requi red by his

contract., nolwi t hst.andi ng any indi vi dual defaui .s Lby its cons t iu-

ents or ot hers in t.he payment to the Comunty.

3. Schedule of Ent .l ement.s. n it.ial wat er delivery to Ihe

Count-y shall be June 1, 1981. Commenci rin October 1, 1981, the

At l.hori v shall rarike available for delivery to t he Colnit v he

amounts of water designated :in the following schedu ie, provided

I hat. the Aut hori t y shal not be obll iqated l o nmike ava l able for

de'l i very an Averacge Daily Rate of 4 mad., an Annu.ral IEnt i t 1 ement of

I ,460 nmr. and a ,laximum Daily Delivery of ,4 mgd ., lnl il lt-he Courlnty

assigns by contract al of it.s right s and ob'li(l actions under !i hat

cert ai n count ract let ween Pi nel] i as Count v and l \e Plisco Wcit er

Authority, tnc., dat edl July 6, 1976 to the AutFnaority. 'rThe Count V

is not required to take deLivery of these am ount s and shtal 1 ornly

pnay a Wai er Rate charge on I Lhe amount s del i vered. Retut.sail to

accept del ivery of any y ort ion or all of its enti it I n.tiil ldoes nrot.

rel ieve tIhe Countlv of i ls obl ig]at ion to iy l.? P'ipl- 1ine Cal it cI

Cost s pursuin\lr to Paralr;lh C) of Pl rt 3 of t l:i s (onli r-,t .

PROJECT AV.:A.GE Af!OilllrT OF r, .:." .t-
AT, FR DACE IY Ar!nitl l, I>A IY
YIAR RAT .rlGD. ErT 'T,.'.MF:P'T MC' IF!.C'-^Y f.',PD.
S08 1 190t1 5 .


DoLermination of County enLjt.lement, matter lie year 1991 shall be

t lie subject of further amendment. t.o I h is cont ract. ITf no amendment

shall 1 occur, .the County ent.i I element shal I rema in t.he same as

designated for the year 1991.

4. Rate of Delivery of Annual Entit1lement.. The Authority

shrll make the County's Annual Entitl ement available for del very

it. a, rale which shal 1 he the Averaqe Dai1.y lRate, except as J s

required for the Mfaximum Dai ly Delivery, ind i cat ed in t he Schedle

in Paragrah 3 of Part R. The County may ut i 11ze any amount up to

such Maximum Dai ly Del very. However, the At hoer itv is not.

required t.o deliver, nor is the County ent. 1tled to amounts in

excess of t he Count v' s Annual Entlitl eent.. The Authori1 t may

rest ritat tlie County's use below the Maximami DCi ly r Icl iverv or the

Average Dai ly Hat.e only when the County's Annual En itlclameno for

I he Project: Water Year has been exceeded. Thle Coun y stal 1 provide

as a quiide t-o the Authorit.y, a written request of deliveries for

t he next Project Water year prior to July ], I.priced i nr t hrl year.

However, t his Sch;edule shall not te ,,in(l in! r n t he Count v for any

iraou1nt or on I.the Auth.ori ty for amount s in excess o' he Count yV' s

Annual Fn t i I 1eont..

5. Source of Annual Ent.i tl. empn The source of t he Connly's

Annual .:nt i t'l em nt as provide! for in ^r r'orpl:s ^ of P, I rt H, IUP

HIte exceed t liose chnrqed [or wai or lpro'ltel'l, tromo i :e : Cypress

Cre-..-l Wo t I fie l(l ci^ c-lcu la led under P.-r r 1 <,{ l t,,t o,. in

r ^77.

6 .

6-. Measurement of Water Del ivered.

a. The Authority shall measure all of the Countv's water

delivered to the County with measuring devices and eqlipmenl which

are satisfactory and acceptable to hot h parl ies anid keep and

maintain accurate and complete records of I.lhe measurements. The

Aut-.hori y shal 1 i nst all operate and mai nt ai n the measure ng

devices and equipment, and Lhe records of the measurements. If a

rmalfunct i on shall occur in Lhe measure ing devices, I lie best data

available wil.l. be used to calculate t.he amount 'of water delivered.
b. The Count y shall pay lthe costs of acqui ring and

i nst.al li ng the measuring devices and equ i -pment provided for in

this paragraph and shall deposit with I.he Authllority prior to such

acquiJsition and installation, sums estimated by the Authorily to

be sufficient to cover such cos-ts.
c. The Autlhority will invoice the Coiuniy for all meter

maintenance and replacement. costs as t these charc,:s accrtule.

7. Delivery of Water. The County's water salll be delivered

al t he Count.y's connection point (s) to the Pipel ine.

8. Water Qualitv. The Authorit:y shall mirke every reasonable

effort and shall construct facilities necessary to deliver water

of a uniform quality. Cumulative walter irinput into le Pipl:eline at

Cyplress Creek will have lie fo3 lowincl properties:
a. Less than 0.3 mg/1 of iron.

b. Less than 0.1 mq/1 of hydcroncn sul fi dc.

c. No less l|an 1.0 mag/1 of chlorine resilduail.

tlIenr necessary, t he water shlall be I rCl e(d v disi n[ect i on,

,re' l ion, ancd for corrosion cont rol b;, fli rali on or ot her

t ectlhicnll processes w i 1 I reqti re a
c.ill rbcit .



9. Water Charges, It is the intent of both parties that the

charges for water be as low as possible and that no profits or

other expenses not necessary for the production of water, be

included in these charges. The payments to be made by the County

shall include a Pipeline Capital Cost and a unit Water Rate

multiplied by the water delivered in thousands of gallons.
a. The Pipeline Capital Costs will be used to pay for the

construction of the Pipeline, and a well to provide for one

million gallons (1 mgd) per day, if necessary.
b. Water Rate The revenues generated by the Water Rate

will pay the expenses of the Authority necessary to operate and

maintain the Pipeline, and those expenses and capital cost items

not included in the Pipeline Capital Costs. The Water Rate will be

charged for each unit of water delivered and shall include the

following components:
(1) Annual Installment Payment ("A") The payment

paid by the Authority for the interest of all parties in the

Cypress Creek Wellfield as described in Paragraphs 1 through 8 of

that certain agreement between the Authority and the County dated

March 22, 1977.
(2) Annual Operating Costs ("B") The costs exclud-

ing capital it.ems which have an expected life of more than seven

(7) years for the Cypress Creek Wellfield as determined by the

official budget of the Authority. These costs shall include

general administrative expenses specifically determined by audit

as necessary for production and transmission of Cypress Creek

Wellfield water for the County.
(3) Improvement and Replacement Costs ("C") Costs

of the Cypress Creek facilities, including the 84" and 66"

transmission mains for which expenditures are wit-hin the accrued

budget for the current fiscal year.
(4) Quantity Water ("Q") The estimated annual

quanti y of water to be produced.
(5) The formula for the Wat.er Rate shall he:
Water Rat.e = A + B + C


No component. for depreciation shall be included in the Water Rate.
c. The use of any portion of the 84" and 66" Pipelines

described in this paragraph shall be charged at a rate based upon

the use of the entire length of the Pipeline.
d. All Pipeline Capital Costs will be audited annually by

an independent Certified Public Accountant selected by the Author-

ity, and the Water Rate and the Pipeline Capital Costs will be

recomputed based on this audit. The redeterminat ion of the

Pipeline Capital Costs and the Water Rate will be based on annual

costs and will identify payments made by the County in excess of

actual expenses. These remaining excess revenues generated by the

inclusion of these funds in the Pipeline Capital Costs or the

Water Rate, or by any other overpayment of expenses through the

Water Rate by the County, will be credited in the ensuing Project

Water Year to the Count:y's account following the audit. Should the

audit determine that an underpayment of expenses exists in the

County's account, the County's account shall be debited ac-

cordingly immediately following the audit. Any overpayment. or

underpayment will be prorated on a monthly basis for the remainder

of the Project Water Year. Depreciation will not be used in

redetermination of the Water Rate or the Pipeline Capital Costs.

The Authoritl.y will adjust. the Water Charges annually with its

budget for each Fiscal Year. The Authority will provide the Coulnty

with an estimate on June 1 of each year of the Water Rate and the

Pipeline Capital Costs for the next Fiscal Year. The Authority may

revise the Water Charge during t.he year to meet unbudoet ed

expenses and capital outlays.

10. Adjustment of Overpayment or Underpayment Cf in any

year, by reason of error in computations or other causes, there is

an overpayment or underpayment to the Authority bv the County of

the charges provided for herein, which overpayment or underpayment

is not accounted for and corrected in t le annual redet ernii nation


of said charges, the amount of such overpayment or underpayment

shall be credited or debited, as the case may be, to the County's

account for the next succeeding year and the Authority shall

notify the County thereof in writing.

11. Time of Payment., The Authority will invoice the County

for the Water Rate on or before the 15th day of each month for the

previous month's consumption. Payment shall be within thirty (30)

days thereafter. The Pipeline Capital Costs, shall be payable in

one hundred twenty (120) equal monthly installments, each of which

will become due on the 15th day of the inonth. The first Pipeline

Capi tal Cost payment will not be due until 1-he month after the

Authority's awarding of the contract for the construction of the

Pipeline. The County shall make punctual payment to the Autt.hority

of all amounts to be paid hereunder.

Payment under this agreement shall only be furnished by the

County from funds derived from sources other than ad valorem

taxation and legally available for such purpose. This shall not be

deemed to create a lien upon or pledge of such f funds and shall not

prevent the County from hereafter pledging any portion of such

funds to the payment of obligations of the County.

12. Title to the Pipeline. The Authority shall be the owner

of the Pipeline constructed pursuant to this contract. Also, tlhe

Author t.y shall hold title or easements to the real property

through which the Pipeline runs.

13. County's Use. The County may ut il ize the Pipel ine to

transmit water.

14. Permits and Licenses. The Aluthori ty shal i be t he sole

applicant for any applicable permits or licenses in connection

with the construction and operation of the Pipe! ine. The County

shall not oppose or take any position adverse to the Authority's

acquisition of such permits or l licenses.



1. Source of Origin. Consistent with Section 373.1962(5),

Florida Statutes, the Authority agrees that the County, when water

is to be withdrawn by the Authority, shall not be deprived,

directly or indirectly, of its prior right to the reasonable

beneficial use of water which is required to adequately supply the

reasonable beneficial needs of Pasco County or any of the

inhabitants or property owners therein.

2. City of St. Petersburg Contract. This Agreement is contin-

gent upon the Authority entering into a lease agreement with the

City of St. Petersburg within sixty (60) days of the execution of

this Agreement. Said lease agreement shall be for a term of at

least five (5) years and shall provide for the operation and

management of the South Pasco Wellfield. Failure to enter into

such lease agreement shall render this contract: null] and void and

of no effect.

3. Future Water Resource Development.

a. All future water supply, water resources, water

well(s) and/or wellfield(s) within the County shall be developed

and managed exclusively according to the provisions of this

paragraph; provided that nothing in this agreement shall restrict

or govern the Authority's operation of the Cross Bar Ranch,

Cypress Creek and South Pasco Wellfields. Also, nothing in this

agreement shall restrict the Authority's development of those

three wellfields; provided that the Authority shall not increase

the amounts of water permitted under existing Consumpt.ive Use

Permits prior to January 1, 1985.
b. All water supply, water resources, water well(s)

and/or wellfields described in subsection (a) of this paragraph

shall be developed in such a manner that each individual well wjl I

be located in a linear fashion compatible with a grid system

compatible with sound hydrological environmental and economic


practices. An example of this development scheme is attached

hereto as Exhibit "A". The Authority shall locate each individual

well in the manner described in this subsection;

c. All water supply, water resources, water wells)

and/or wellfield(s) described in subsection (a) of this paragraph.

shall be developed-exclusively in such a manner that the Authority

shall construct and operate each individual well, unless exercise

of such obligation is refused by the Authority. Both the County

and the Authority shall have equal right to construct and operate

transmission mains connecting a well with another well or a well

with another transmission main; provided that transmission mains y

which are jointly desired by the County and the Authority shall be

constructed and operated jointly and each party shall have a right

to use a transmission main constructed by the other party for a

reasonable fee sufficient to provide for operational and adminis-

trative costs and debt service specifically relating to the

subject facility. If the manpower within the County's personnel

system is available, and if financially feasible, the Authority

may contract with the County at the Authority's option for use of

County personnel to operate and maintain such wells.
d. The Authority shall have the exclusive right to sell

water developed according to the provisions of this paragraph in

any manner it sees fit; provided that the term of any such water

supply contract shall not exceed a period of twenty (20) years
from the time the specific water supply, water resource, water

well and/or wellfield described in subsection (a) of this para-

graph is placed in operation, unless a five (5) year extension is

permitted by the County. T''he County shall not wit hhol d such

permission, unless it intends in good faith to utilize all or a

portion of the water developed according to the provisions of this

paragraph at the expiration of the twenty (20) year time period.

Upon the expiration of the twenty (20) year time period, if the
County should withhold permission, or upon the expiration of


twenty-five (25) years, if the County should grant permission,the

County shall have the exclusive right and the affirmative obliga-

tion to purchase all or a portion of said water from the Authority

under a take or pay agreement containing a reasonable fee

sufficient to provide for an administrative and a facilities use

charge component. For any water taken under the take or pay

agreement, the County shall pay a Water Rate, which shall include

a reasonable fee sufficient to provide for operational maintenance

and replacement costs.

Se. All applicable Federal, state and local permits,

licenses or other approvals in connection with the development and

management of the water supply, water resources, water wells)

and/or wellfield(s) described in subsection (a) of this paragraph

shall be sought and granted jointly in the name of the County and

the Authority; provided that it shall. be the Authority's responsi-

bility to take a lead role in- seeking such permits, licenses or

other approvals. If the- County does not afford the Authority its

full cooperation in seeking such permits, licenses or other

approvals, the Authority shall be authorized to seek and hold such

permits, licenses or other approvals solely in its own name.

4. Salt Water Intrusion. Consistent with good water resource

management practices, it is important and ,imperative to understand

the cumulative impact of the inland withdrawals upon the salt

water/fresh water interface on the West Coast. Conseq uent1 y, the

Authority and the County agree that each will fund one deep

monitor well in West Pasco County in order to monitor saltwater

intrusion. Also, it is important and imperative to understand the

impacts of water withdrawal throughout Pasco County. Therefore,

the parties hereto agree that such should be monitored so that

recent facts on the water resource might be understood by t.he


various governmental entities involved. Consequently, it is agreed

that the Authority and the- County shall develop a plan for

continued data gathering within Pasco County.

5. Upper Tampa Bay Study. The Authority and the County shall

support the request of the Tampa Bay Regional Planning Council

and/or SWFWMD, to review, compile, update and develop a summary of

the feasibility reports which have addressed the issue of closing

off the upper Tampa Bay area in order to create a fresh water lake

for purposes of water supply.

6. Cypress Creek Development. The Authority and the County .

shall develop and implement a land use plan for the Cypress Creek J

Wellfield. The objective of such plan shall be to maintain the b^

area in. a natural state, provide for desirable features for'

fishing and controlled recreation, and to augment the water

supply. Such plan and implementation shall be subject to approval

by the Governing Board of the Southwest Florida Water Management

District and shall include the features more specifically des-

cribed in Exhibit "B" to this contract.


I. Amendments. This contract may be amended at any time by

mutual, agreement of the parties, except insofar as any proposed

amendment attempts to remove the County's obligation to make

payment of the Pipeline Capital Costs.

2. Opinions and Determinations. Where the terms of this con-

tract provide for action to be based upon the opinion, judgment,

approval, review or determination of either party hereto, such

terms are not intended to be and shall never be construed as

permitting such opinion, judgment, approval, review or determina-

tion to be arbitrary, capricious or unreasonable.


3. Assignment.. Except that: the contract shal 1 inure to and

for the benefit of the parties hereto, no assignment or transfer

of this contract or any part hereof, or interest herein, or

rights, duties or obligations imposed hereby shall be made unless

approved by the Authority and the County.

4. Effect on Bondholders. No provision of this contract shall

affect the rights and obligations of the holders of any of the

County's Revenue Bonds.

5. March 22, 1977 Agreement. No provision of this contract

shall .affect the rights and obligations of the Authority and the

County under that certain Agreement dated March 22, 1977.

IN WITNESS WHEREOF, the parties have caused this contract to

be executed by t heir duly authorized officers on the day and year

first written above.


By: BY:
Gene Heath, Agency Clerk Frances M. Davin, Chairman

(SEAL) -"



By: By"______ ---
jed Pittman, Clerk Curtis L. Law, Chairman


of the Count y At torney

At t orney


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SInterpretive Center
A Culvert Structures

Check Dams
=2. Pi cnt c Area

S4-10 Acre Hater Retention
Sand Fish Pond
40 Acre Water Retention
and Fish Pond
Scale- Access Road
r . .

~4jc~3R~ _-. atr Storage; Area'~l

6. Mi

Note" Public access cCntrol and supervision
"to be the responsibility of Pasco County idife Re fug

Parks and Recreation Deparbtwent.
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I e

West Coast Regional Water Supply Authority
2280 U.S. 19 NORTH, SUITE 121
CLEARWATER, FLORIDA 33515 813'796-2355 TAMPA 813/223-9343


June 30, 1980

Carl Linn, Esq.
City of St. Petersburg
0. Box 2842
St. Petersburg, Florida 33731

.Re: lest Coast Regional Water Supply Authority Pasco County Agree.-e.t

3ear Carl:

"i-e uroose of this letter is to indicate that it was the intent of t..s two
partiess to the above-referenced agreement that the Tease agreement for tne
Soth Pasco Wellfield contemplated in Part C, Pragraph 2, will contain. the
saT.e safeguards for the City of St. Petersburo as contained in the acreecr.t
"f lease between the West Coast Regional Water Supoly Authority and -:s
City with reference to the Section 21 and Cos.e- dessa Wellfields. T.is
letter shall be attached to the above-referenced contract in order t.
Srinify the intentions of all parties contermpraneous w"itir 'wrs exec.: -- -"
Asid agreement.


Gene Heath
General Manager


cc: Mayor Corinne Freeman
Alan N. Harvey
Commissioner John Fuller
Gerald Figurski, Esq.
Ed de la Parte, Jr., Esq.

- -^ -. -- .-. .... ..... ... ... .._ ..

.-.- n- ...oaC C JU." ,= 803
Cad R. Uinn CIT. : -

Lamy 0. BtownO
Pwiam N. Orak Jr.
Peter 0 ooper l1
und a ,"- terse 4 DEPARTMENT OF LAW
Wlbu L. Pilsbury, Jr.
Thoms E. Cross

Gene Heath, General Manager
West Coast Regional Water Supply Authority
2280 U.S. 19 North, Suite 121
Clearwater, Florida 33515

Re: West Coast Regional Water Supply
Authority Pasco County Agreement

Dear Gene:

I am in receipt of yours of June 30, 1980. I appreciate
your good intentions in writing this letter. Obviously,
your desire is to protect the City in any proposed agree-
ment. I feel, however, that acceptance of this letter
itself would indicate an intent to commit. These are not
the facts.

If you recall, Mayor Freeman specifically said before
voting on this agreement, as a member of the Authority,
that her vote for or against the agreement did not in any way
commit the City. She further added that a majority of City
Council would have to consider the matter at a formal meet-
ing to make any commitment whatsoever.

If Council elected some form of management agreement, since
there is no plan for a sharing of this wellfield with Pasco
County, themanagement agreement could easily be very much
different than the Cosme and 21 concept.
Very truly yours,

City Attorney

cc- Mayor Corinne Freeman
Alan N. Harvey
Ed de la Parte, Jr., Esq.


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