Title: Non-exclusive License Between SWFWMD and WCRWSA Dated August 1st, 1991
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00004000/00001
 Material Information
Title: Non-exclusive License Between SWFWMD and WCRWSA Dated August 1st, 1991
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Jake Varn Collection - Non-exclusive License Between SWFWMD and WCRWSA Dated August 1st, 1991
General Note: Box 16, Folder 9 ( SWFWMD - 1997 ), Item 5
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004000
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

Enclosure #3

This instrument prepared by: SWF Parcel No. 13-136-143X
Southwest Florida Water Management District Approved by Attorney..._
2379 Broad Street
Brooksville, Florida 34609


THIS INSTRUMENT, made this 1st day of August 1991, by and between
created pursuant to Chapter 61-691, Laws of Florida, hereinafter referred to as "the
public body created pursuant to Chapter 74-114, Laws of Florida, hereinafter referred
to as "the Authority", Licensee.

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 continue to operate, maintain, monitor and
repair a pump station as shown on Exhibit "A" attached hereto and incorporated herein
by reference, in order to transfer water from augmenting the City of Tampa's water
supply in accordance with Water Use Permit No. 206675.02.

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 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 for
a pump station 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 Water Use Permit No.
206675.02 and shall expire and terminate automatically upon the expiration or termination
of the Water Use Permit or upon violation of any material provision of this License and
notification pursuant to paragraph 16 hereof.

3. The Authority shall have full responsibility for the complete operation,
maintenance, monitoring and repair of the pumping facility. 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 key(s) for the locks to the pump building fence and gate to the District's Land
Management Section. The pump facilities and gate shall be kept closed and locked at all

Page 1

times. Vehicular access shall be limited to those activities for which this License is

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
reasonable 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

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

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.

S9. 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 Water Use Permit No. 206675.02.

10. The Authority or its contractor shall apply for and obtain all necessary permits
including but not limited to any City, County, State and Federal permits before
undertaking the work necessary to operate, repair, replace and maintain the pumping
station and road.

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

12. The Authority shall comply with the sound level limits of Chapter 1-10.03 rules of
the Hillsborough County Environmental Protection Commission and any other applicable
City, County, State and Federal rules or laws pertaining to sound level limits.

13. The Authority shall require of contractors a performance bond to construct, repair
or restore existing or additional facilities, which are or may be left uncompleted or
unpaid, by the Authority, its officers, agents, employees, or subcontractors, if any,
where the cost of the work exceeds the amounts set forth in Chapter 255.05, Florida
Statutes. Said bond shall be in an amount equal to the estimated cost of construction or
repair and a copy of said bond shall be furnished and satisfactory to the District before
the Authority begins construction. The Authority further agrees that if any liens are
placed on the District's lands due to work ordered or approved by the Authority, the
Authority shall immediately take any and all steps necessary to defend and remove said
Sliens. In the event the Authority fails to take steps necessary to defend and remove said

Page 2

liens, the District may, but shall not be obligated to remove any such liens by paying
immediately the amount of claim directly to the lienor. In such case, and upon demand
by the District, the Authority shall within thirty (30) days reimburse the District for
any funds paid by the District and any failure to reimburse by the Authority shall
constitute a default under this license.

14. The Authority shall fully defend, indemnify and save harmless the District, its
agents, employees and officers from and against any and all actions, causes, claims,
demands, judgments, losses, payments, recoveries and suits of any kind arising under
or resulting from this License, including but not limited to personal injury to or death
of persons arising under or resulting from any negligent act or omission of the Authority
or its agents, contractors, employees, invitees and licensees. However, nothing in this
agreement is intended or should be construed as a waiver of sovereign immunity of the
parties hereto.

15. The Authority shall obtain and maintain comprehensive general liability insurance
or self-insurance in the amount of not less than one hundred thousand dollars
($100,000.00) per person, and not less than two hundred thousand dollars ($200,000.00)
per occurrence for personal injury and property damage at all times this License is in
effect, which amounts are subject to change pursuant to Section 768.28, Florida Statutes.
Such insurance or self-insurance shall name the District, its agents, employees and
officers as additional named insureds and shall require written notification to the District
at least thirty (30) days prior to cancellation or termination of such insurance or
reduction in funds set aside for self-insurance below the amounts provided above, for
any reason whatsoever. The Authority shall provide to the District a copy of said
insurance policy(s), or evidence of self-insurance satisfactory to the District, together
with written confirmation that it will run concurrent with the term of this License.
Expiration or termination of such policy(s) prior to expiration or termination of this
License shall constitute a material breach hereof.

16. The District reserves the right to terminate the License granted herein upon
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. In the event of any violation of or default by the Authority in the
performance of any obligation or condition under this License, the Authority shall cease
immediately any violation or default and shall take action to cure such violation or default
after written notification by the District. If the Authority fails to cease immediately any
violation and take such action to cure the violation or default within the same thirty (30)
days after receipt of notice of termination to or by the Authority, the Authority shall
elect to either remove or properly abandon to the reasonable satisfaction of the District
all equipment, facilities and related components, or any portion thereof, placed in, on
or over the District's land pursuant to this License. If the Authority elects not to
remove any equipment, facilities or related components, the Authority shall secure, plug
and properly abandon any remaining equipment, facilities or related components within
the above thirty (30) day period. Upon failure of the Authority to secure and properly
abandon said equipment and related components, the District may do so at the
Authority's expense.


Page 3



Peter G. Hubbell, Executive Director




secretary of the Board
f The West Coast
Regional Water Supply

Approved as to form and
legality: '7 /17
BY: 0.k
Att rney for West Coast Egional
Water Supply Authority


Page 4


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