Title: Cypress Creek Agreement. Nov. 14, 1973. 13p.
CITATION PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00052420/00001
 Material Information
Title: Cypress Creek Agreement. Nov. 14, 1973. 13p.
Physical Description: Book
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052420
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











1) In the event Pinellas, Pasco and City shall, at
any time in the future, abandon the permanent well field, if
constructed, Pinellas, Pasco and City shall notify the District
of such determination, and thereafter, Pinellas, Pasco and City
shall have the right to remove any and all parts of their in-
stallations upon the property of the District; provided, however,
that such installations or parts thereof shall be removed by
Pinellas, Pasco and City within a reasonable time and Pinellas
Pasco and City shall cap, or cause to be capped, all wells left
in place, or plugged at the expense of Pinellas, Pasco and City
upon the determination by the District that the wells must be
plugged instead of capped.

m) In the event Pinellas, Pasco and City shall de-
termine that Cyperss Creek is not suitable for development as
a well field or shall abandon the permanent well field, if con-
structed, Pinellas, Pasco and City shall be entitled to be
repaid, without interest, by the District, for all actual costs
paid by Pinellas, Pasco and City to 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
Cypress Creek water storage land acquisition purposes.

n) 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 afore-
mentioned 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 withdrawal 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,
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. Pinellas, Pasco and City shall each contribute one-
third of the funds required to meet the needs prescribed in
Phases 1, 2 and 3. Failure to contribute any funds when re-
quired shall result in a partial default. Upon such default


10 -
















the interests of the parties shall be re-divided proportionately
in the same ratio as each has contributed to the combined costs
of Phases 1, 2 and 3.

7. Pinellas, Pasco and City agree to negotiate and execute
a separate agreement setting forth the manner in which Phases 2
and 3 will be handled and the methods by which decisions by the
parties will be made, supervised and administered and the inter-
relationship between the parties.

7A. All parties agree to cooperate with each other in
all respects necessary to carry out the terms of this Agree-
ment as expeditiously as possible.

8. Hillsborough River Basin Board hereby affirms that,
at a duly constituted meeting of its Basin Board on the
day of __, 19 it approved the terms of
this agreement and the execution thereof.

9. The Southwest Florida Water Management District hereby
affirms that, at a duly constituted meeting of its Board of
Governors on the day of 19 it ap-
proved the terms of this agreement and the execution thereof.

10. Pinellas hereby affirms that, at a duly constituted
meeting of the Board of County Commissioners on the
day of 19 it approved the terms of this
agreement and the execution thereof by Pinellas.

11. Pasco hereby affirms that, at a duly constituted
meeting of the Board of County Commissioners on the
day of 19 it approved the terms of this
agreement and the execution thereof by Pasco.

12. City hereby affirms that, at a duly constituted meet-
ing of the City Council on the day of
19 it approved the terms of this agreement and the execution
thereof by City.

13. This agreement constitutes the entire agreement by
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.

11 -
















CYPRESS CREEK AGREEMENT


HIS AGREEMENT, Made and entered into this /Y4 day of
/7/__ _____ 1973, between SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT, a public corporation of the State of Florida, and
HILLSBOROUGH RIVER BASIN, 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," PASCO
COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as "Pasco," 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, 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, Pasco 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 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 boashortage of water in its rapidly developing areas; and















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



As to Southwest Florida Attest:
Water Management District Secretary



HILLSBOROUGH RIVER BASIN


By: ... _..
Chai1na.n



As to Hillsborough River Attest:
Basin Secretac y


PINELLAS COUNTY


By:
Chairman, Board of
County Commissioners

As to Pinellas
Attest:
Clerk of the Circuit Court



12 -















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, Pinellas and City, for the purpose of supple-
menting their supply of potable water, and Pasco, for the
purpose of facilitating the development of its potable water
system, desire to construct, maintain and operate a number
of test wells upon the aforesaid lands of the District for
such periods of time as will be reasonably necessary, expe-
dient 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, Pasco and City
to finance, construct, maintain and operate upon such lands
a permanent well field consisting of production wells, collec-
tor mains, pumping stations, treatment plant, transmission
lines and access roadways; and

WHEREAS, if it shall be determined by Pinellas, Pasco
and City that such permanent well field is economically fea-
sible, Pinellas, Pasco and City desire to acquire the permanent
rights and interests hereinafter mentioned in the above des-
cribed 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 acquisition 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
condemnation the lands described in Exhibit A, attached hereto
and made a part hereof, at the earliest possible date; and

WHEREAS, attached hereto and made a part hereof as Exhibit
B is the legal description of certain real property within
adjacent and immediately contiguous to the lands described
in Exhibit A, attached hereto, which the City has purchased
for the purpose of a fresh water well field, and the parties
hereto desire the said lands described in said Exhibit B shall
be made a part of this agreement and



2 -

















PASCO COUNTY


By:
Chairman, Board of
County Commissioners


As to Pasco
Atte st: _
Clerk of the Circtit Court



CITY OF ST. PETERSBURG


____________________ By: .....................
By :
Mayori



As to City Attest:























13 -
















WHEREAS, Pinellas, Pasco, City and 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 organi-
zation that will accord best with geographic, economic,
population and other factors influencing the needs in the
development of the local communities;

WHEREAS, Pinellas, Pasco, City and District believe that
it is for the best interest 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
considerations, 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 storgae area;

(b) Fresh water well field;

(c) Wildlife refuge;

(d) Outdoor recreation and open space.

These lands shall not be used for any other purposes without
the written consent of all parties.

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 i. 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;


3 -















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, Pasco and City, appor-
tioned one-third.

b) The District shall have the lands described in
Exhibit A, attached hereto, appraised, and then notify Pinellas,
Pasco and City, in writing, of the full acquisition costs of
the land, including but not limited to 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,
Pasco and City shall deposit with the District, within 90 days
of said notification, their share of said funds equal to the
amount available by the District for said land acquisition.
Said funds to be deposited in accounts of the District in banks
authorized under the laws of the State of Florida and to draw
the maximum amount of interest; such interest shall be credited
to Pinellas, Pasco and City in their respective proportionate
shares.

c) Within 30 days the District shall prepare and
distribute to the parties a land acquisition schedule, together
with supporting documents and with a status report of condem-
nation suits currently pending. Such schedule shall include
a time table giving estimates of the amounts and dates funds
will be needed to complete phase 1.

d) Immediately upon the deposit of said funds by
Pinellas, Pasco and City, 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, Pasco 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 District, Pinellas, Pasco and
City pursuant to the terms of this agreement.

e) All costs of land acquisition shall be in
accordance with normal and usual procedures and costs incurred


4 -















by the District in its acquisition of lands, and said costs
shall be reasonable. All information as to the cost of acqui-
sition of lands shall be made available, upon request, at the
District's office in Brooksville, Florida. At any time that
the District expends moneys for land acquisition over the
amounts on deposit, as provided above, it shall notify Pinellas
Pasco and City to deposit their pro rata share of the addi-
tional funds with the District within 90 days. Upon completion
of said land acquisition, the District shall give a complete
accounting of the land acquisition costs to Pinellas, Pasco
and City, in writing, and shall certify the same to be true
and correct.

f) Pinellas, Pasco and City shall cooperate with
the district as co-petitioners in eminent domain proceedings
in connection with acquisition of said lands.

g) The City is the owner of the lands described
in Exhibit B, attached hereto, a portion of said lands being
adjacent and immediately contiguous thereto. The parties
hereto agree that the City is to be compensated for the costs
of acquiring the lands described in Exhibit B, and said costs
are to be substantiated and/or certified by the City to be
correct. After said costs have been substantiated, as
hereinbefore provided, the moneys paid thereunder by the City
are to be credited against the moneys that the City is re-
quired to contribute under the provisions of this agreement.
Said lands described in Exhibit B will become a part of the
/ District's Cypress Creek Flood Detention Area and the title
thereto will be conveyed by the City to the District, free
and clear of all liens and encumbrances, at the same time
that the District grants the permanent easeme t and ground-
water rights to the City, Pinellas and Pasco, as provided in
paragraph 5(b) hereof; provided, however, that if the Cypress
Creek Flood Detention Area is not developed into a productive
well field, as provided for herein, on or before January 1,
1975, then the City's lands, as described in Exhibit B, shall
automatically revert to the City, and, upon written request,
the District shall immediately convey said lands described in
Exhibit B to the City, free and clear of all liens and
encumbrances.



5 -














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

a) During the acquisition of lands, Pinellas, Pasco
and City shall have their consulting engineers, and their staffs
and planners 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 facili-
ties in such a manner as to make it economically and hydrologi-
cally feasible for Pinellas, Pasco 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, Pasco and City.
Due consideration shall be given to the multi-purposes in
preparing said plan. The firm of consulting engineers, hydro-
logists and planners chosen by Pinellas, Pasco and City shall
be experienced in the field of hydrology and fresh water well
field designing and construction, and prior to the impremen-
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
modification of the plan shall be given to Pinellas, Pasco and
City.

5. Phase 3 Construction and Operation of Well Field.

a) In the event Pinellas, Pasco and 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, Pasco and City shall notify the District of such
determination, in writing, on or before January 1, 1975, and
this agreement shall in that event terminate as to Pinellas,
Pasco and City and be of no further force and effect, except
that Pinellas, Pasco and City shall have a reasonable time
in which to remove their test well installation provided,
however, that any and all test wells left in place shall be
capped or plugged, at the expense of Pinellas, Pasco and City,
upon written instructions from the District, as to whether
the said wells should be capped or plugged.

b) In the event Pinellas, Pasco and City shall deter-
mine that it shall be economically and hydrologically feasible
to finance, construct, maintain and operate a permanent well


6-















field upon such lands, it shall notify the District, in writing,
of such determination, and Pinellas, Pasco and City shall, at
their own cost and expense, survey, or cause to be surveyed,
permanent well sites and pumping station sites, permanent col-
lector and transmission mains, a treatment plant site, roadways
and power line easements, the location and route of which shall
be subject to approval, in writing by the District which shall
not be unreasonably withheld. Pinellas, Pasco and City shall
prepare, or cause to be prepared, appropriate legal descriptions
of such sites and easements.

Upon completion of such surveys and the preparation of such
legal descriptions, the District shall, by good and sufficient
conveyance, deed, grant and convey to Pinellas, Pasco and 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 con-
struction, reconstruction, 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, Pasco and City, as heretofore provided.
Pinellas, Pasco and City shall divide the total amount of ground
water to be removed from the Well field proportionately in the
same ratio as each has contributed to the total development cost
of said well field. Development costs shall be approtioned one
third each to Pinellas, Pasco and City; provided, however, that
Pinellas, Pasco and City agree that they will sell up to 20% of
the water produced from said well field in excess of 50 million
gallons per day (mgd) to whatever governmental entity that the
District shall designate, in writing, provided said designee shall
pay the cost thereof as defined in Exhibit C, attached hereto,
on a gallonage basis. All water production facilities will be
operated by Pinellas, Pasco and the City with production costs
apportioned on a unit consumed basis.

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 purpose; and
Pinellas, Pasco and 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 elevation, provided that adequate roadway drain-
Sj age, as approved by the District, shall be provided by Pinellas,
Pasco and City.

7 -















d) Pinellas, Pasco 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', Pasco's and City's oper-
ations in and about the Cypress Creek Flood Detention Area. The
District shall indemnify and hold harmless Pinellas, Pasco and
City of, from and against all claims, demands, suits or actions
for bodily injury or property damage arising out of, or result-
ing from, District's operations in and about the Cypress Creek
Flood Detention Area, for which the District is legally liable.

e) Pinellas, Pasco and City shall, at their 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
above Cypress Creek Flood Detention Area to the general public
and thereafter the District shall take over the maintenance of
such roadways.

f) Pinellas, Pasco 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,
Pasco 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, Pasco 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, Pasco and City
shall maintain the premises and all appurtenant structures and
improvements in a neat, clean and sanitary manner and condition;
and Pinellas, Pasco and City shall paint and otherwise keep, as
near as practicable, all of their installations and facilities
V I 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, Pasco and City do hereby declare their
intent to develop and use the Cypress Creek area for the next
stage of their additional water supply program, provided there
is sufficient water of the quantity and quality to meet their
needs in an economically feasible manner. If there is suffi-
cient water of the quantity and quality to produce a minimum
of 45 mgd in an economically feasible manner, then Pinellas,
Pasco and City shall defer the development of any other water
sources within Pasco County. This paragraph (h) shall not

8 -















preclude the construction of additional wells where consent
for such construction shall have been obtained from the District
and from adjacent and affected land owners. This construction
shall be subject ot permit and regulation by the District.

i) The production well sites shall be approximately
50 feet by 50 feet each, and the pumping station sites shall
consist of approximately two acres each, one treatment plant
site not to exceed 30 acres. The transmission main easements
shall be such as shall carry out the present plans of Pinellas,
Pasco and City, namely that the water will be pumped to the
main transmission lines via a treatment plant of facility
directly into the distribution system of Pinellas', Pasco's
and City's water systems.

j) Pinellas, Pasco and City shall not assign this
agreement or any of their rights or privileges hereunder with-
out first obtaining the written consent of the District which
consent shall not be unreasonably withheld. 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 parties hereto agree that Pinellas, Pasco and City shall,
upon request of such authority or entity, transfer their rights
and privileges hereunder and they shall receive full compen-
sation from the said regional water supply authority 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 subterranean waters in and from the
land in which such rights are granted.


9 -





University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs