Title: Northern Tampa Bay Agreement Between West Coast Regional Water Supply Authority, Hillsborough, Pasco and Pinellas Counties, Cities of Tampa, St. Petersburg and New Port Richey and SWFWMD Dated 12/31/97
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 Material Information
Title: Northern Tampa Bay Agreement Between West Coast Regional Water Supply Authority, Hillsborough, Pasco and Pinellas Counties, Cities of Tampa, St. Petersburg and New Port Richey and SWFWMD Dated 12/31/97
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Northern Tampa Bay Agreement Between West Coast Regional Water Supply Authority, Hillsborough, Pasco and Pinellas Counties, Cities of Tampa, St. Petersburg and New Port Richey and SWFWMD Dated 12/31/97
General Note: Box 16, Folder 6 ( SWFWMD - 1997-1998 ), Item 9
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003967
Volume ID: VID00001
Source Institution: Levin College of Law, 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






12/31/97


1 NORTHERN TAMPA BAY
2 AGREEMENT
3 BETWEEN
4 WEST COAST REGIONAL WATER SUPPLY AUTHORITY,
5 HILLSBOROUGH COUNTY,
6 PASCO COUNTY,
7 PINELLAS COUNTY,
8 CITY OF TAMPA,
9 CITY OF ST. PETERSBURG,
10 CITY OF NEW PORT RICHEY,
11 AND
12 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
13
14
15 THIS AGREEMENT is made and entered into by and between the

16 WEST COAST REGIONAL WATER SUPPLY AUTHORITY, an interlocal governmental

17 agency created and existing pursuant to 373.1962 and 163.01, Florida Statutes, acting by and

18 through its Board of Directors, whose address is 2535 Landmark Drive, Suite 211, Clearwater,

19 Florida 33761, herein referred to as "AUTHORITY"; HILLSBOROUGH COUNTY, a political

20 subdivision of the State of Florida, whose address is 601 E. Kennedy Boulevard, Tampa, Florida

21 33602, herein referred to as "HILLSBOROUGH"; PASCO COUNTY, a political subdivision of

22 the State of Florida, whose address is 7530 Little Road, New Port Richey, Florida 34654, herein

23 referred to as "PASCO"; PINELLAS COUNTY, a political subdivision of the State of Florida,

24 whose address is 315 Court Street, Clearwater, Florida 34616, herein referred to as

25 "PINELLAS"; the CITY OF TAMPA, a municipal corporation of the State of Florida, whose

26 address is 306 E. Jackson Street, Tampa, Florida 33602, herein referred to as "TAMPA"; the

27 CITY OF ST. PETERSBURG, a political subdivision municipal corporation of the State of

28 Florida, whose address is P. O. Box 2842, 175 Fifth Street North, St. Petersburg, Florida 33731,









1 herein referred to as "ST. PETERSBURG"; the CITY OF NEW PORT RICHEY, a municipal

2 corporation of the State of Florida, whose address is 5919 Main Street, New Port Richey, Florida

3 34652, herein referred to as "NEW PORT RICHEY"; and the SOUTHWEST FLORIDA

4 WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida created and

5 existing pursuant to Chapter.373, Florida Statutes, whose address is 2379 Broad Street,

6 Brooksville, Florida 34609-6899, herein referred to as "DISTRICT"-. for itself and on behalf of

7 the ALAFIA RIVER BASIN BOARD.the HILLSBOROUGH RIVER BASIN BOARD. the

8 NORTHWEST HILLSBOROUGH BASIN BOARD, and the PINELLAS-ANCLOTE RIVER

9 BASIN BOARD, herein collectively referred to as "BASIN BOARDS".

10 WITNESSETH:

11 WHEREAS, pursuant to Chapter 373, Florida Statutes, the DISTRICT has the statutory

12 responsibility to protect, manage and conserve the water resources within the District; and

13 WHEREAS, the AUTHORITY was created in 1974 for the purpose of developing,

14 storing and supplying water for county and municipal services in a manner as will give priority

15 to reducing the adverse environmental effects of excessive or improper withdrawals of water

16 from concentrated areas; and

17 WHEREAS, currently the AUTHORITY's members are HILLSBOROUGH, PASCO,

18 PINELLAS, TAMPA, ST. PETERSBURG, and NEW PORT RICHEY, who are collectively

19 referred to as "AUTHORITY MEMBERS"; and

20 WHEREAS, the 1997 Legislature recognized the need for coordination between water

21 management districts, regional water supply authorities, and local governments and provided

22 clear direction as to each entity's respective role in ensuring that sufficient water is available for

2









1 all existing and future reasonable beneficial uses and natural systems, while avoiding the

2 adverse effects of competition for water supplies; and

3 WHEREAS, the 1997 Legislature has made it clear that the proper role of the water

4 management districts in water supply is primarily planning and water resource development and

5 the proper role of local government and regional water supply authorities is primarily water

6 supply development; and

7 WHEREAS, the AUTHORITY, AUTHORITY MEMBERS, and DISTRICT agree that it

8 is in the best interest of all the parties and the public they collectively serve to work together

9 toward accomplishing their respective statutory responsibilities, including the coordination and

10 development of new and additional water supplies to meet existing and future demands of the

11 Northern Tampa Bay area in such a manner as will give priority to reducing adverse

12 environmental effects of improper or excessive withdrawals of water from concentrated areas.

13 NOW, THEREFORE, the AUTHORITY, AUTHORITY MEMBERS and DISTRICT, in

14 consideration of the mutual terms, covenants and conditions set forth herein, agree as follows:

15 1. OBJECTIVES OF THE AGREEMENT. The parties hereto commit by this

16 AGREEMENT to:

17 A. develop at least eighty-five million gallons per day (85 mgd) annual average of

18 new water supply capacity for regional distribution to the AUTHORITY

19 MEMBERS through the AUTHORITY by December 31, 2007;

20 B. reduce the permitted pumpage from the eleven existing wellfields listed on

21 Exhibit 5 to one hundred twenty-one (121) million gallons per day annual average

22 by December 31, 2002, and to ninety (90) million gallons per day annual average

3









1 by December 31, 2007 .. r payment watr supply facilities prmit

2 by th- DrISf CT

3 C. end existing litigation and administrative hearings and minimize future litigation

4 and administrative hearings between the parties to this AGREEMENT; and

5 D. provide a process for the DISTRICT to provide financial assistance to the

6 AUTHORITY to achieve objectives 1.A. and 1.B. above.

7 2. DEVELOPMENT OF NEW WATER SUPPLY FACILITIES.

8 A. The AUTHORITY has prepared and approved a Master Water Plan. The Master

9 Water Plan proposes to provide a total of an annual average of eighty-five million gallons per

10 day (85 mgd) of new water supply capacity for regional distribution to the AUTHORITY

11 MEMBERS by December 31, 2007. The AUTHORITY proposes to develop this new capacity

12 in two phases. In PHASE I the AUTHORITY plans to provide an annual average of thirty-eight

13 million gallons per day (38 mgd) of new capacity. In PHASE II the AUTHORITY plans to

14 provide an annual average of forty-seven million gallons per day (47 mgd) of additional new

15 capacity for a total of 85 mgd of new water capacity. The potential water supply sources for the

16 85 mgd are listed on Exhibit 7.

17 B. By July 1, 1998, the AUTHORITY shall prepare and submit to the DISTRICT a

18 PHASE I water facilities plan (PHASE I PLAN), which, upon construction, shall provide at least

19 an annual average of 38 mgd of new capacity referenced in paragraph 2.A., and a PHASE II

20 water facilities plan (PHASE II PLAN), which, upon construction, shall provide at least an

21 annual average of 85 mgd of additional new capacity referenced in paragraph 2.A. inclusive of

22 PHASE I capacity. By December 31, 2002, and December 31, 2007, the AUTHORITY shall

4









1 have the PHASE I PLAN and PHASE II PLAN new water supply facilities constructed, in

2 operation and capable of producing an annual average quantities of 38 mgd and 47 mngd uantity

3 of 85 mgd of new water, respectively- for regional distribution to the AUTHORITY

4 MEMBERS.

5 C. At a minimum the PHASE I PLAN and PHASE II PLAN shall identify the

6 following:

7 (1) the proposed sources) of water.

8 (2) the estimated amount of water to be produced from each proposed source.

9 (3) when the proposed sources) shall be in operation and available for

10 regional distribution to the AUTHORITY MEMBERS.

11 (4) the estimated cost of constructing the water supply facilities associated

12 with each proposed source.

13 (5) the expected funding sources, including how much and when DISTRICT

14 funding pursuant to this AGREEMENT shall be required.

15 The PHASE I PLAN and PHASE II PLAN shall- nisti of may include, but not

16 necessarily be limited to the projects listed on Exhibit 7.

17 D. Within ninety (90) days of receipt of the PHASE I PLAN and PHASE II PLAN

18 the DISTRICT shall provide in writing to AUTHORITY a listing of the water supply facilities
\4
19 for which it will provide funding, the amount of funding and the terms under which said funds

20 will be available to the AUTHORITY. Further. the DISTRICT may comment or respond to any

21 of the information provided by the AUTHORITY. More specifically, the DISTRICT may

22 express it concern that the plans do not meet the requirements of this AGREEMENT. Also. the









1 DISTRICT may indicate that it does not agree with the AUTHORITY's estimate of the amount

2 of water to be produced from any source. The DISTRICT may withhold its funding until such

3 time as the DISTRICT determines that the PHASE I PLAN and PHASE II PLAN are consistent

4 with the requirements of this AGREEMENT. The amount of funding the DISTRICT will

5 provide shall be consistent with Exhibit 1.

6 E. The PHASE I PLAN and PHASE II PLAN may be amended from time to time as

7 deemed appropriate by the AUTHORITY. Provided, however, in no event shall the amount of

8 new capacity to be produced in PHASE I be less than 38 mgd and the total new capacity less

9 than 85 mgd. Further, these amounts of water supply capacity shall be connected to the regional

10 distribution system and available to AUTHORITY MEMBERS no later than December 31, 2002

11 and December 31, 2007, respectively. Nothing herein shall be construed to prevent the

12 AUTHORITY from bringing more new water supply capacity on line at earlier dates. The

13 information required in paragraph 2.C. above shall also be provided for any plan amendment.

14 Following the AUTHORITY's approval of any amendment to the PHASE I PLAN or PHASE II

15 PLAN the amendment shall be forwarded to the DISTRICT for its review. Within ninety (90)

16 days of receipt of said amendment, the DISTRICT shall advise the AUTHORITY in writing

17 which water supply facilities it will fund, the amount of funding for each facility and the terms

18 under which said funds will be available to the AUTHORITY. The amount of funding the

19 DISTRICT will provide shall be consistent with Exhibit 1 uo as may be f. ther agied upun i-n h

20 itig betivveer r the paties.. I

21 F. With respect to providing the information required by paragraph









1 2.C.(5) above, the information shall be consistent with the schedule and limitations reflected on

2 Exhibits 1 a 2 and/consistent with the requirements of paragraph 2.H-+. below.

3 C. -The AUTFf ORITlY shall hay ie the ultimate responsibility fi tlre planning,

4 construction and operation uf all the vvate supply facilities pl vided fur heein.
j.
5 (-4 Subject to the limitations provided herein, the DISTRICT agrees to provide up to

6 one hundred eighty-three million dollars ($183,000,000.00) to be used by the AUTHORITY for

7 the development of new alternative potable water supply facilities and regionally significant

8 transmission pipelines approved and constructed pursuant to paragraphs 2. D. and 2.E. above.

9 DISTRICT funds shall be made available in accordance with the schedule and limitations
oodi 3
10 reflected on Exhibits 1 a 2/ At such time as the AUTHORITY and DISTRICT are prepared to

11 develop a specific project which the DISTRICT has agreed to fund pursuant to paiai pli-'^.
11V

12 a4 under this AGREEMENT, the AUTHORITY and DISTRICT shall enter a supplemental

13 AGREEMENT similar in nature to the model AGREEMENT attached as Exhibit 3, which will

14 detail the terms and conditions by which DISTRICT funds will be disbursed for the specific

15 project. PROVIDED, HOWEVER, the DISTRICT shall restrict the use of its funds to alternative

16 potable water supply sources and regionally significant transmission pipelines as determined

17 pursuant to pagraph 2.D. and 2.E. abo. DISTRICT funding shall be provided to the
2 ane 3
18 AUTHORITY for construction costs on a cost sharing basis consistent with Exhibit liunless

19 otherwise upused by the AU I approved y t DISTCT. In the event the

20 AUTHORITY elects to pursue alternative potable water supply sources and regionally
7
21 significant transmission pipelines other than those listed on Exhibit/ it will be necessary to

22 obtain specific DISTRICT approval in order to receive DISTRICT funding for the additional

7









1 projects. Nothing herein shall be -oWsrued tou r eque uire DI STRCT Lu pat iipate in uding

2 any additional pirujecLt exept thius listed un E dibit 1. Funding par ticipatiun in any suh

3 additional project shall be at the DISTRICT' .ole discretion.

4 f-z Beginning on July 1, 1999, and each July 1 thereafter until the PHASE I PLAN

5 facilities and PHASE II PLAN facilities are constructed and fully operational, the AUTHORITY

6 shall prepare and submit to the DISTRICT an annual report that describes in detail the progress

7 that has been made toward implementation of the PHASE I PLAN facilities and the PHASE II

8 PLAN facilities.

9 With respect to any water use permits required under Part II of Chapter 373,

10 Florida Statutes, for the potable water supply facilities developed pursuant to the PHASE I

11 PLAN or PHASE II PLAN, the AUTHORITY may apply for and the DISTRICT shall issue such

12 permits if the facility meets the criteria for issuance. The permits shall be issued for a duration of

13 20 years unless reasonable assurances can not be provided that the permitting criteria will be met

14 for this duration in which case tvwveity- (26) yea wte us pe if authored ud C-,hapter

15 373, Fl ida Statutes u ther. wise, permits may be issued for shorter durations which reflect the

16 period for which such reasonable assurances can be provided. Provided howovcr, in

17 shal the term of these permitslexpire prior to December 31, 2010.

18 I ./ If atanytime the DISTRICT fails at any time to provide the monies described in
J._
19 paragraph 2.H 0. in accurdance wvit ExhibiAt 1 aid 2, this AGREEMENT shall become null and

20 void and the AUTHORITY and AUTHORITY MEMBERS shall not be required to comply with

21 any further reductions in pumpage required by this AGREEMENT. For example: assume (1) the

22 DISTRICT provides funding for PHASE I facilities as required, (2) PHASE I is completed, (3)

8









1 pumpage is reduced to 121 mgd and (4) the DISTRICT decides not to provide any additional

2 funding. Since the DISTRICT elected not to fund any additional projects in contravention of this

3 AGREEMENT, there would be no further reductions in pumpage required under this

4 AGREEMENT. In such event the AUTHORITY shall make application for modifications of the

5 consolidated permits and the DISTRICT shall modify the permits consistent with the foregoing.

6 The AUTHORITY shall expedite the preparation and filing of all permit

7 applications for the development of new water supply facilities. In addition, the AUTHORITY

8 shall provide timely, full and complete responses to the DISTRICT's request for additional

9 information. The DISTRICT shall give priority to, and expedite action; on, any approvals or

10 permirr submitted pursuant to this AGREEMENT. The DISTRICT and AUTHORITY also

11 agree to have pre-application conferences designed to help the AUTHORITY file a complete

12 application.

13 3. RECOVERY PLAN

14 A. Appropriate provisions of this AGREEMENT shall constitute part of the

15 DISTRICT'S recovery strategy for the Northern Tampa Bay area as provided for in

16 373.0421(2), F.S. More specifically, as part of the DISTRICT's phased recovery strategy for

17 the Northern Tampa Bay area, the AUTHORITY and AUTHORITY MEMBERS agree that by

18 December 31, 2002, the total annual average daily quantity permitted for withdrawal from the

19 eleven listed water supply facilities shall be one hundred twenty-one (121) mgd, and by

20 December 31, 2007, the total annual average daily quantity permitted for withdrawal from the

21 eleven listed water facilities shall be ninety (90) mgd. The eleven water supply facilities are

22 listed on Exhibit 5 attached hereto.









B. By December 31, 2002, and thereafter, the combined production from the eleven

listed wellfields shall not exceed 121 mgd on an annual average basis. By December 31, 2007,

and thereafter, the combined production from the eleven listed wellfields shall not exceed 90

mgd on an annual average basis. Upon the effective date of this AGREEMENT, the

AUTHORITY and AUTHORITY MEMBERS shall operate the eleven listed wellfields in a

manner that minimizes their combined annual average production by utilizing other available

regional supply services to the extent practical.

C. With the intent to clarify and constrain operational practices for the eleven listed

wellfields, the AUTHORITY shall submit to the DISTRICT by July 1, 1998, an operations plan

that describes how the AUTHORITY and AUTHORITY MEMBERS shall operate the eleven

listed wellfields in order to ensure environmental stresses are minimized in the vicinity of those

wellfields. The operations plan shall provide details by which the AUTHORITY and

AUTHORITY MEMBERS will operate the eleven listed wellfields such that water level

elevations in specified surficial aquifer monitor wells are maximized in the aggregate. Said

operations plan shall be subject to the review and approval of the DISTRICT.

D. As an additional effort to reduce environmental stresses, at any time prior to

December 31, 2007, that new water supply facilities are added to the AUTHORITY's

interconnected regional system, a minimum of 50% of the average annual permitted capacity

from such new facilities that exceeds rew demand shall be used to reduce production from the
*"~---"------- ^
eleven listed wellfields. The reduction among the eleven listed wellfields shall be such that two-

thirds 65% of that reduction is achieved at wellfields located within Pasco County and-one-third




li W l( -h y.it a .ij dri.' OVA


/
j 4 I







I









1 35% of that reduction is achieved at wellfields located within Hillsborough County, on an annual

2 basis. Said reductions shall be subject to approval by the DISTRICT.

3 E. Since this AGREEMENT contemplates the Hillsborough River as part of the

4 regional water supply system, the DISTRICT agrees to continue to rulemaking under Chapter

5 120, Florida Statutes, and+ _prpe the following minimum flows for the Hillsborough River, as

6 published in the Florida Administration Weekly on September 19, 1997:

7 "(1) Minimum Flows For the Lower Hillsborough River

8 (a) For the purposes of Minimum Flows, the Lower Hillsborough River is

9 defined as the river downstream of Fletcher Avenue. The Lower Hillsborough River includes

10 Sulphur Springs, an artesian spring that enters the river via a short spring run located 2.2 miles

11 downstream of the Hillsborough River.

12 (b) The Minimum Flow for the Lower Hillsborough River at the base of the

13 City of Tampa's dam shall be ten (10) cubic feet per second (cfs) when the surface water

14 elevation at USGS gauge 02304500 is at or above 20.0 feet NGVD and 0.0 cfs when the surface

15 water elevation is below 20.0 feet NGVD. This Minimum Flow has been determined based on

16 the structural alterations in and along the River and the dependence of viable ecological

17 communities downstream of the dam with flows from the Hillsborough River Reservoir and

18 Sulphur Springs. The City of Tampa may meet this flow requirement by diverting flow from

19 Sulphur Springs or the Reservoir. The required flows will become effective January 1, 1999.

20 (c) The District will establish a Minimum Flow for Sulphur Springs in the

21 future. As part of that process the District will evaluate if additional flows from Sulphur Springs









1 are available to supplement the Minimum Flow for the Hillsborough River at the base of the City

2 of Tampa's dam."

3 Subject to all the procedural requirements of Chapters 120 and 373, Florida Statutes, and

4 without prejudice to any person's or party's rights under these chapters, the DISTRICT agrees to

5 move expeditiously to adopt a minimum flow on the Hillsborough River.

6 4. PERMIT.

7 A. The parties hereto agree that a consolidated water use permit covering all of the

8 wellfields that provide water to the AUTHORITY would be beneficial. In order to have a

9 consolidated water use permit the DISTRICT. AUTHORITY. HILLSBOROUGH COUNTY.

10 PASCO COUNTY. PINELLAS COUNTY and ST. PETERSBURG agree to incorporate the

11 terms and conditions of individual water use permits for the South Pasco. Cosme-Odessa.

12 Section 21 and Northwest Hillsborough wellfields into the consolidated water use permit. It is

13 the intent of the parties that the consolidated water use permit dealing with the South Pasco.

14 Cosme-Odessa. Section 21 and Northwest Hillsborough wellfields will be done pursuant to a

15 Final Order of the DISTRICT and will not create a new point of entry to challenge the terms and

16 conditions governing these wellfields. However, it is not the intent of the parties hereto to limit

17 or restrict in any way a substantially affected party's rights under Chapter 120. Florida Statutes.

18 as to the terms and conditions of the consolidated water use permit as it relates to the wellfields

19 other than South Pasco. Section 21. Cosme-Odessa and Northwest hillsborough Regional.

20 B, The DISTRICT. AUTHORITY, HILLSBOROUGH COUNTY. PASCO

21 COUNTY. PINELLAS COUNTY, and ST. PETERSBURG hereby voluntarily agree and

22 stipulate to settle all issues in DOAH Case Nos. 95-1520. 95-1521. 95-1522. 95-1523. 95-1525,

12









1 95-1526. 95-1527 and 95-1528 by contemporaneously executing the Stipulation And Settlement

2 Agreement attached as Exhibit 8.

3 AC. Consistent with the terms and conditions of this AGREEMENT, the DISTRICT

4 hereby gives notice of its proposed agency action to approve a consolidated water use permit for

5 all of the wellfields listed on Exhibit 5 and the South-Central Hillsborough Regional wellfield

6 located in eastern Hillsborough County. A copy of the proposed permit is attached as Exhibit 6.

7 -) Nothing in this AGREEMENT saftl be ConsU, ed -as a penlitil wli"h authorizes /

8 any party to engage in any activity or watcr use.

9 e E Except to the extent specifically waived herein.- nothing in this AGREEMENT ^<.

10 shall constitute a waiver by any of the parties hereto of any rights they may have under Chapters I FM

11 120 and 373, Florida Statutes. Further, nothing in this AGREEMENT shall be construed to limit

12 or waive the rights of any non-party under Chapters 120 and 373, Florida Statutes.

13 I the event lthel parties fail Lto agiee on a peirLit for these wellfield that is

14 substatially consistent ith the proposed permit attached as Exhibit 6, this AGREEENT is

15 nulrm id void-

16 5. LAND ACQUISITION.

17 A. If requested by the AUTHORITY in writing within 30 days of the approval of this

18 AGREEMENT, the DISTRICT shall endeavor to negotiate in good faith by July 1, 1998,

19 agreements for the acquisition or transfer of leasehold interests or fee simple title to all wellfield

20 real property described on Exhibit 4 utilizing Water Management Lands Trust funds. Once the

21 DISTRICT acquires the applicable legal interest in said real property, the DISTRICT and









1 AUTHORITY shall enter a license AGREEMENT for operation and maintenance of the property

2 by the AUTHORITY, including improvements and facilities.

3 B. The DISTRICT shall provide Water Management Lands Trust funds in an amount

4 of up to one thousand five hundred dollars ($1,500.00) per acre, or as otherwise indicated on

5 Exhibit 4, to acquire fee simple title, or an appropriate leasehold interest, to the wellfield

6 properties listed on Exhibit 4, subject to required approvals, compliance with all applicable

7 statutory and rule criteria, and availability of funds. Said Water Management Lands Trust funds

8 shall be made available in accordance with Exhibit 4.

9 C. The AUTHORITY and AUTHORITY MEMBERS agree to negotiate in good

10 faith the sale of their respective wellfields and properties identified in Exhibit 4, as well as

11 development of any license AGREEMENT contemplated by paragraph 5. A. above.

12 6. CONSERVATION AND REVISE

13 A. The AUTHORITY's current Master Water Plan indicates an aggressive

14 conservation and demand management program is an integral component of a sustainable water

15 supply. The Master Water Plan provides that the conservation program is expected to reduce

16 use by 10 mgd (annual average) by 2000 and 17 mgd (annual average) by 2005. These

17 reductions are reflected in AUTHORITY'S projected water needs. The AUTHORITY and

18 AUTHORITY MEMBERS shall continue the development and construction of conservation and

19 reclaimed water projects, and shall annually report, as part of the report required by paragraph
K
20 2., on the status of such project.

21 B. The DISTRICT, in conjunction with the appropriate basin boards, shall

22 collectively fund, to the extent authorized by law, approximately nine million dollars

14









1 ($9,000,000.00) per year for conservation and reclaimed water projects that effectively reduce

2 potable water use. This collective funding shall be continued for ten (10) years and shall be

3 provided to the AUTHORITY, AUTHORITY MEMBERS and other local governments in

4 Hillsborough, Pasco and Pinellas Counties on a 50/50 cost sharing basis.

5 C No later than January 1. 2008. the AUTHORITY shall maintain a per capital water

6 rate equal to or less than 110 gpd.

7 7. ADDITIONAL FUNDING

8 A. The AUTHORITY and DISTRICT shall jointly and cooperatively approach the

9 Florida Legislature and U.S. Congress to seek additional funding for construction of water

10 supply facilities and land acquisition, but such funding shall not be a condition precedent to the

11 effectiveness of the AGREEMENT.

12 B. By July 1, 1998, and upon the request of ST. PETERSBURG, the DISTRICT

13 shall endeavor to negotiate in good faith AGREEMENTs for the acquisition of fee simple title to

14 the Al Bar- Ranh and Weeki Wachee Springs properties owned by PfINEL+AS and ST.

15 PETERSBURG-respectivey. The DISTRICT shall request Conservation and Recreation Lands

16 (C.A.R.L.) funds for the acquisition of these properties in amounts not to exceed the amounts set

17 forth in Exhibit 4 subject to applicable C.A.R.L. and statutory requirements and availability of

18 funds.

19 8. ALTERNATIVE DISPUTE RESOLUTION AND ADMINISTRATIVE

20 PROVISIONS.

21 A. As an alternative to the high cost of administrative proceedings, litigation and

22 appeals, the DISTRICT, AUTHORITY and AUTHORITY MEMBERS shall establish a

15









1 scientific peer review process in conjunction with establishment of the Water Consortium set

2 forth in paragraph 8.C. below. d f

3 B. To the extent DISTRICT@ orders may need to be revised to accomplish the

4 terms of this AGREEMENT, the parties agree to cooperate in making such changes. Further, the

5 DISTRICT agrees to consider rule variances and waivers pursuant to 120.542, Florida Statutes,

6 if necessary, to effectuate this AGREEMENT.

7 C. Within 90 days after the effective date of this AGREEMENT, the DISTRICT and

8 AUTHORITY shall provide two million dollars ($2,000,000.00) each to establish and endow a

9 Water Consortium within the Environmental Science and Policy Program of the University of

10 South Florida. This Water Consortium shall be an independent entity which will review issues

11 related to water sources, as may be jointly requested by the parties in order to minimize the

12 conflicts between the AUTHORITY and DISTRICT and reduce or eliminate any need for further

13 costly litigation.

14 D. The parties agree that nothing herein shall be construed to modify any existing

15 rules or orders, including permits, of the DISTRICT. All new rules or orders or changes or

16 amendments to existing DISTRICT rules and orders shall be subject to all the requirements of

17 Chapter 120, Florida Statutes and Chapter 373, Florida Statutes.

18 9. FUNDING. Pursuant to various paragraphs in this AGREEMENT, the DISTRICT, in

19 some instances in conjunction with appropriate basin boards and the State of Florida, is to
J
20 provide funds for new water supply facilities (see paragraph 2 .), real property (see paragraphs

21 5.A., 5.B. and 7.B.) and conservation and reclaimed water projects (see paragraph 6.B.)

22 Availability of this funding is subject to all applicable requirements of law.

16









1 10. LAW COMPLIANCE. Each party shall comply with all applicable federal, state and

2 local laws, rules, regulations and ordinances relative to performance under this AGREEMENT.

3 11. ASSIGNMENT. No party may assign or transfer its rights or obligations under this

4 AGREEMENT.

5 12. THIRD PARTY BENEFICIARIES. Nothing in this AGREEMENT shall be construed to

6 benefit any person or entity not a party to this AGREEMENT.

7 13. MODIFICATIONS. This AGREEMENT constitutes the entire AGREEMENT between

8 the parties and may be amended only in writing, signed by all parties to this AGREEMENT.

9 14. DOCUMENTS: The following documents are attached and made a part of this

10 AGREEMENT.

11 Exhibit #1 SW. Proposed Funding for WRW Projects

12 Exhibit #2 SWFWMD Annual Funding

13 Exhibit #3 Model Agreement For Water Facility Development

14 Exhibit #4 Wellfield Ownership, Acreage and Valuations

15 Exhibit #5 List of Water Facilities

16 Exhibit #6 Reco ver, QuatitiPes C .d/:. Pi,'', i

17 Exhibit #7 Potential Water Supply Sources
b'Xiwo!" 9 .1 piJ'.-1) AVA f5Wmi'. 18 In the event of a conflict of agreement terminology, priority shall first be given to the

19 language in the body of this AGREEMENT, then to the exhibits.

20 15. LIMITATION OF LIABILITY. The parties lack an adequate remedy at law and,

21 therefore, no party hereto shall be liable to any other party or its directors, officers, employees,

22 agents or representatives for any indirect, incidental, special, consequential or punitive damages,

17









1 however caused, whether in contract, tort, strict liability, warranty or otherwise, as a consequence

2 of its negligence or in the performance or failure to perform under this AGREEMENT; provided,

3 however, the parties agree that the terms of this AGREEMENT shall be enforceable by an action

4 for specific performance, unless a party's failure to perform results from, or is due to, the action

5 of any person, organization or entity that is not a party to this AGREEMENT.

6 16. EFFECTIVE DATE. This AGREEMENT shall become effective when approved by all

7 parties and when all AUTHORITY MEMBERS have executed the voluntary interlocal

8 AGREEMENT provided for in 373.1963(1), Florida Statutes (as amended by Chapter 97-160,

9 Laws of Florida), but in no event later than January 31, 1998. In the event the AUTHORITY

10 MEMBERS have failed to execute the voluntary interlocal AGREEMENT by January 31, 1998,

11 this AGREEMENT shall be void and of no effect.

12 17. EXTENSION OF TIME. The time for performance by any party hereto of any obligation

13 required of it by this AGREEMENT may be extended upon strict compliance with the provisions

14 of this paragraph.

15 A. The time for performance of an obligation required of a party may be

16 extended only if the party seeking the time extension is prevented from timely fulfilling an

17 obligation required of it under this AGREEMENT due to a judicial or administrative proceeding

18 or the failure of the DISTRICT to propose agency action on permit applications for development

19 of new water supply facilities filed by the AUTHORITY under paragraph 2 of this

20 AGREEMENT in a timely manner.

21 B. A party seeking an extension of time for performance of any obligation

22 under this AGREEMENT shall notify all other parties of its intention to obtain such time

18









1 extension as soon as such party becomes aware of an administrative or judicial proceeding, or

2 permit application review delay, which might constitute a basis for a time extension so that all

3 other parties hereto may take appropriate action to protect their interests in this AGREEMENT.

4 Further, such party seeking the extension shall timely and deligently pursue all remedies to

5 successfully resolve the proceeding, or permit application review delay, which is the basis for the

6 extension, and shall cooperate fully with all other parties hereto in seeking such resolution so that

7 such parties' delay in performance may be minimized. Further, a party which becomes aware of

8 facts which might later reasonably result in a basis for a time extension shall immediately notify

9 all other parties hereto of such facts and cooperate fully with all other parties hereto in seeking to

10 resolve the matter so that no extension is required.

11 C. A party shall be entitled to an extension of time for the performance of an

12 obligation hereunder only for such time as is required to resolve the proceeding or delay in

13 review of permit application, giving rise to the time extension so that the party may then perform

14 their obligation. Such party in its initial notice under paragraph 14.B. shall in good faith estimate

15 the amount of time by which its performance must be extended and shall revise such estimate

16 and provide notice thereof to all parties hereto as required by subsequent events so that all parties

17 hereto are at all time kept fully informed. The time for performance of obligations of any party

18 to this AGREEMENT which is dependent upon an obligation of another party for the

19 performance of which time has been extended hereunder shall be automatically extended for an

20 equal period of time.

21 18. This AGREEMENT shall be governed by and construed in accordance with the laws of

22 the State of Florida.








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1 19. Time is of the essence in this AGREEMENT.

2 20. Notwithstanding any language contained herein, this AGREEMENT shall not be

3 construed to limit the regulatory authority of the DISTRICT in the event this AGREEMENT is

4 rendered null and void.

5 21. This AGREEMENT shall expire on December 31, 2010.

6 22. TERMINATION. This AGREEMENT and all permits approved pursuant to this

7 AGREEMENT shall terminate immediately if any of the following occur: (1) except as provided

8 for in paragraph 2.J.. any party hereto breaches any material provision of this AGREEMENT: (2)

9 the Amended And Restated Interlocal Agreement that reorganizes the AUTHORITY pursuant to

10 373.1963(1) Florida Statutes, is terminated; or (3) the DISTRICT fails to render final order
^.C.
11 approving the consolidated water use permit described in paragraph 4- and 4-+ .

12-- i L ', TPK 25 4 24

13 IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this

14 AGREEMENT on the day and year set forth next to their signature below.
15
16
17
18 WEST COAST REGIONAL WATER
19 SUPPLY AUTHORITY
20
21
22
23
24 Chairman
25
26
27 ATTEST:
28
29
30 Clerk











HILLSBOROUGH COUNTY, FLORIDA


Chairman
Board of County Commissioners


10 ATTEST:
11
12
13
14 Clerk


PASCO COUNTY, FLORIDA


Chairman
Board of County Commissioners


ATTEST:


Clerk


PINELLAS COUNTY, FLORIDA


Chairman
Board of County Commissioners


ATTEST:










Clerk


CITY OF TAMPA, FLORIDA


Mayor


10 ATTEST:
11


Clerk


CITY OF NEW PORT RICHEY


Mayor


ATTEST:


24
25 Clerk
26
27
28
29
30


CITY OF ST. PETERSBURG


Mayor


ATTEST:



Clerk










SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT


Chairman


8
9 ATTEST:
10
11


Secretary

tampa bay (leg. version) 12/31/97










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