Title: Non-Exclusive License Between SWFWMD and WCRWSA Dated March 31, 1987
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Permanent Link: http://ufdc.ufl.edu/WL00003999/00001
 Material Information
Title: Non-Exclusive License Between SWFWMD and WCRWSA Dated March 31, 1987
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn collection - Non-Exclusive License Between SWFWMD and WCRWSA Dated March 31, 1987
General Note: Box 16, Folder 9 ( SWFWMD - 1997 ), Item 4
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003999
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


I E Enclosure #2




SWF Parcel No. 13-136-143X
Approved by Attorney: /y.


NON-EXCLUSIVE LICENSE


THIS INSTRUMENT, made this 31st day of March 1987, by and
between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public
corporation, created pursuant to Chapter 61-691, Laws of Florida, hereinafter referred
to as "the District", Licensor, and the WEST COAST REGIONAL WATER SUPPLY
AUTHORITY, a public body created pursuant to Chapter 74-114, Laws of Florida,
hereinafter referred to as "the Authority", Licensee.

WITNESSETH:

WHEREAS, the District owns and maintains certain real property known as the
Harney Canal located in Hillsborough County, Florida; and

WHEREAS, the Authority desires to install a pump station as shown on Exhibit "A"
attached hereto and incorporated herein by reference, in order to transfer water from
the Harney Canal at Structure 161 to the Hillsborough River for the purpose of
augmenting the City of Tampa's water supply in accordance with Consumptive Use
Permit No. 206675.

NOW, THEREFORE, the District and the Authority, in the interest of serving the
public and for the consideration of and upon the conditions as hereinafter set forth and
for other good and valuable consideration, mutually agree as follows:

1. The Authority shall have the right to enter the District lands as hereinafter set
forth for the purposes of constructing, operating, maintaining, monitoring and
repairing the aforesaid pump station, subject to the rights retained by the District
herein. Aside from the rights retained by the District and its agents, contractors,
employees, representatives and subcontractors in and to use the lands described in
Exhibit "A", the District shall not grant the right of access or use of said lands to
anyone other than the Authority during the term of this License. No property right
of any kind is granted to the Authority pursuant to this License.

2. This License shall be for a term running concurrently with Work of the District
Permit No. 100207 and shall expire and terminate automatically upon the expiration
or termination of the Work of the District Permit or upon violation of any material
provision of this LiCense and notification pursuant to paragraph 14 hereof.

3. The Authority shall have full responsibility for the complete construction,
operation, maintenance, monitoring and repair of the pumping station. The pump
station and other related components shall remain the property of the Authority.

4. The Authority's access to the pump station shall be via the existing southerly
access roadway bermm road) of the Harney Canal from the U.S. Highway 301 gate as
shown on Exhibit "B" attached hereto and made a part hereof. The Authority shall
provide a key for the lock to the gate to the District's Land Management Section.
The gate shall be kept closed and locked at all times. Vehicular access shall be
limited to those activities for which this License is granted.


Page 1











5. During the term of this License periodic maintenance on the road shall be
performed by the Authority. Any limerock required by the Authority to maintain
and/or stabilize the road shall be obtained from off District lands and shall be no
greater than reasonably necessary for access for construction and maintenance
vehicles. No grade changes shall be made to the road and any rutting or other road
or berm damage shall be repaired by and at the expense of the Authority to the
District's satisfaction, including reseeding of all disturbed areas before expiration of
this License.

6. The District reserves the right to use the road for access to and maintenance
of the Harney Canal and Structure 161. In case of conflict, the District's reserved
right of use shall be superior to and shall prevail over the rights granted herein to
the Authority.

7. The Authority shall alter, repair, remove, or relocate its facilities or
equipment at no cost to the District upon reasonable request by the District to
prevent interference of the pump station with District construction, alteration, or
maintenance of Works of the District.

8. The District reserves the right to require the Authority, its officers, agents,
employees, contractors, or subcontractors to vacate and cease using the road and
pumping station site in the event of a flood or other natural calamity until the
District authorizes the Authority to re-enter the area.

9. The integrity of Structure 161 and the Harney Canal shall be paramount at all
times and no modifications shall be made to the canal banks, canal bottom, or the
) canal's water quality without prior written permission from the District except as
set forth herein and as set forth in Consumptive Use Permit No. 206675 and Work of
the District Permit No. 100207.

10. The Authority or its contractor shall apply for and obtain all necessary permits
before undertaking the work necessary to construct, operate and maintain the
pumping station and road. Prior to construction of a permanent pumping station, the
Authority shall obtain approval of the completed plans and specifications from the
United States Army Corps of Engineers and the District.

11. Any activity not specifically mentioned herein as prohibited or allowable by
the Authority is prohibited under this License.

12. The Authority shall furnish a performance bond in a form satisfactory to the
District, conditioned to pay to the District those amounts required to repair or
restore the road aId pumping station site, which are or may be modified or damaged
and not repaired by the Authority, its officers, agents, employees, or subcontractors,
if any. Said bond shall be in the amount of thirty thousand dollars ($30,000.00) and
shall be furnished and satisfactory to the District before the Authority begins
construction.

13. The Authority shall defend, indemnify and save harmless the District from and
against any loss, damage, or liability occasioned by or growing out of, or arising or
resulting from, the exercise of its rights granted herein or the use of the areas
shown on Exhibits "A" and "B", including particularly those arising from any default
hereunder or from any tortious or negligent act on its part or the part of its agents,
employees, officers, contractors, or subcontractors. The Authority during the full
term of this License, at its own cost and expense, shall maintain and carry


Page 2











comprehensive general public liability insurance in the amount of seven hundred
fifty thousand dollars ($750,000.00). Such policy or policies shall name the District
as an additional insured and shall be endorsed to require notification of the District
at least ten (10) days prior to cancellation for any reason whatsoever. The Authority
agrees to deliver to the District a copy of said policy or policies, together with
written confirmation of their continuing existence, before beginning construction of
the pumping station and thereafter as requested by the District throughout the term
of this License. Expiration or termination of such policy or policies prior to
expiration or termination of this License shall constitute a material breach hereof.

14. The District reserves the right to terminate the License granted herein upon
prior written notice to the Authority at Post Office Box 4667, Clearwater, Florida
33518-4667, in the event the Authority defaults in the performance of any obligation
or condition set forth herein. Within ninety (90) days after receipt of notice of
termination by the Authority it shall remove all equipment and related components
placed in, on, or over the District's land pursuant to this License. Upon the failure
of the Authority to remove said equipment and related components, the District may
do so at the Authority's expense.


SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT


BY: .
GARY % KUHL
) -EXECUTIVE DIRECTOR


WEST COAST REGIONAL
WATER SUPPLY AUTHORITY

BY:


TITLE: CHAIRMAN

This instrument prepared by:
Real Estate Department
Southwest Florida Water Management District
2379 Broad Street
Brooksville, Florida 33 12-9712

Revised 04/03/87







)


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OVERALL SITE PLAN
EXHIBIT A

HARNEY CANAL PUMPING STATION
WEST COASr REGIONAL WATER SUPPLY AUTIPl,T

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C' (SITE ACCESS ROAD

S.t.I -F EXHIBIT B

".HARN EY CANAL PUMPING STA71ON

WE:t COAS R IONAL. ATE. SUPL AUTH OR TY




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