Title: Feb 10, 1998 Draft of Northern Tampa Bay Agreement Between WCRWSA, Hillsborough, Pasco and Pinellas Counties, and Cities of Tampa, St. Pete and New Port Richey and SWFWMD
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Permanent Link: http://ufdc.ufl.edu/WL00004056/00001
 Material Information
Title: Feb 10, 1998 Draft of Northern Tampa Bay Agreement Between WCRWSA, Hillsborough, Pasco and Pinellas Counties, and Cities of Tampa, St. Pete and New Port Richey and SWFWMD
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Feb 10, 1998 Draft of Northern Tampa Bay Agreement Between WCRWSA, Hillsborough, Pasco and Pinellas Counties, and Cities of Tampa, St. Pete and New Port Richey and SWFWMD (JDV BOX 108)
General Note: Box 16, Folder 14 ( Trust Agreement - 1998 ), Item 6
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004056
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
_0&a 0/98 13:59 1o904 i4 48.'^ 4;-::' SWFMD LEGAL:,.~j 4-F s .. -:002




DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision




Jake Man
Workl;:::


2
3 NORTHERN TAMPA BAY
4 AGREEMENT
5 BETWEEN
6 WEST COAST REGIONAL WATER SUPPLY AUTHORITY,
7 HILLSBOROUGH COUNTY,
8 PASCO COUNTY,
9 PINELLAS COUNTY,
10 CITY OF TAMPA,
11 CITY OF ST. PETERSBURG,
12 CITY OF NEW PORT RICHEY,
13 AND
14 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

17
18
19




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February 10, 1998 For Discussion Purposes Only Subject to Revision

1 TABLE OF CONTENTS
2 PARTNERSHIP AGREEMENT
3
4 1. OBJECTIVES OF THE AGREEMENT ...............................
5 1.A. Development of New Capacity (9)
6 1.B. Reduction of Pumpage (9)
7 1.C. End Litigation (9
8 1.D. DISTRICT Financial Assistance (9)
9
10 2. DEVELOPMENT OF NEW WATER SUPPLY CAPACITY ............... 10"
11 2.A. Submission of PLAN (10)
12 2.B. PLAN Contents (10)
13 2.C. PLAN Development (11)
14 2.D. PLAN Review (11)
15 2.E. PLAN Modification (12)
16 2.F. PROJECT Permitting (13)
17 2.G. Funding Requests (13)
18 2.H. Progress Reports (14)
19
20 3. DISTRICT FUNDING OF PROJECTS .............................. 14
21 3.A. AUTHORITY Responsibility and Performance Obligation (15)
22 3.B. DISTRICT Funding (15)
23 3.C. Additional Funding (15)
24 3.D. Trust Agreement (16)
25 3.E. DISTRICT Failure to Fund (18)
26 3.F. Funding Contingencies (19)
27
28 4. RECOVERY STRATEGY ........................................ 19
29 4.A. Phased Reductions (19)
30 4.B. Operations Plan (20)
31 4.C. Allocation of Reductions (20)
32
33 5. CONSOLIDATED PERMIT ....................................... 21
34 5.A. Purpose (21)
35 5.B. Four Well Field Permits Pending Administrative Proceeding (21)
36 5.C. Other Existing Well Field Permits (21)
37 5.D. New Water Supply Capacity (22)
38 5.E. Chapter 120 Review (22)
39 5.F. Timing of Issuance of CONSOLIDATED PERMIT (23)
40 5.G. Settlement and Dismissal of Pending Administrative Proceeding (23)
41 5.H. Chapter 120 Time Extensions (24)

I


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February 10, 1998 For Discussion Purposes Only Subject to Revision

1 5.1. Non-issuance of CONSOLIDATED PERMIT (24)
2
3 6. LAND ACQUISITION .......................................... 25
4
5 7. CONSERVATION AND REUSE .................................... 25
6 7.A. Demand Management (25)
7 7.B. Demand Management Co-Funding (26)
8 7.C. WUCA Rule (26
9
10 8. ALTERNATIVE DISPUTE RESOLUTION ............................ 26'
11 8.A. Water Consortium (26)
12 8.B. Dispute Resolution Process (27)
13
14 9. COMPLIANCE WITH APPLICABLE LAW ........................... 28
15
16 10. ASSIGNMENT ................................................. 28
17
18 11. THIRD PARTY BENEFICIARIES ................................. 29
19
20 12. MODIFICATIONS .............................................. 29
21
22 13. DOCUMENTS ................................................. 29
23 Exhibit #1 List of Water Facilities (29)
24 Exhibit #2 New Water Sources Funding Agreement (29)
25 Exhibit #3 Funding Criteria (29)
26 Exhibit #4 SWFWMD Annual Funding (29)
27 Exhibit #5 Form of Trust Agreement (29)
28 Exhibit #6 Form of CONSOLIDATED PERMIT (29)
29 Exhibit #7 Stipulation And Settlement Agreement (29)
30 Exhibit #8 Ownership, Acreage and Valuations (29)
31
32 14. LIMITATION OF LIABILITY ............................ ..... ... .. 29
33 14.A. Waiver of Monetary Damages (29)
34 14.B. Liability for Mitigation (30)
35
36 15. EFFECTIVE DATE.............................. ............. 30
37
38 16. EXTENSION OF TIME ............................ ............. 30
39 16.A. Performance Prevented (30)
40 16.B. Required Notice (31)
41





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February 10, 1998 For Discussion Purposes Only Subject to Revision

1 17. GOVERNING LAW .... ........... ............ ..... ...... ...... 31
2
3 18. TIM E ........................................... ........... 31
4
5 19. DISTRICT'S REGULATORY AUTHORITY .................. ......... 31
6
7 20. EXPIRATION DATE .................................. .. ....... 32
8 21.A. Events of Termination (32)
9 21.B. Notice and Cure (32)
10 21.C. Associated Changes to Permit (32)
11
12 22. EMERGENCIES ............................................... 33
13
14 23. COMPLIANCE WITH APPLICABLE LAW ........................... 33
15
16 24. NON-W AIVER ................................................. 33
17
18 25. DISMISSAL OF ACTIONS ............ ........................ 33
19
20 26. RULE WAIVER I VARIANCE ..................................... 34
21
22 27. NOTICE ..................................................... 34
23
24 28. CONSTRUCTION OF AGREEMENT ............................. 35
25
26 29. COMPLIANCE DATES .......................................... 35
27
28 30. HEADINGS ................................................... 35
29
30 31. COOPERATION ............................................... 35
31
32 32. VENUE ...................................................... 35
33




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February 10, 1998 For Discussion Purposes Only Subject to Revision


3
4 NORTHERN TAMPA BAY
5 AGREEMENT
6 BETWEEN
7 WEST COAST REGIONAL WATER SUPPLY AUTHORITY,
8 HILLSBOROUGH COUNTY,
9 PASCO COUNTY,
10 PINELLAS COUNTY,
11 CITY OF TAMPA,
12 CITY OF ST. PETERSBURG,
13 CITY OF NEW PORT RICHEY,
14 AND
15 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

18
19
20 THIS AGREEMENT is made and entered into by and between the WEST COAST

21 REGIONAL WATER SUPPLY AUTHORITY, an interlocal governmental agency created
..
22 and existing pursuant tolSbc.! 373.1962 and 163.01, Florida Statutes, acting by and

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

24 Clearwater, Florida 33761, herein referred to as "AUTHORITY"; HILLSBOROUGH

25 COUNTY, a political subdivision of the State of Florida, whose address is 601 E. Kennedy

26 Boulevard, Tampa, Florida 33602, herein referred to as "HILLSBOROUGH"; PASCO

27 COUNTY, a political subdivision of the State of Florida, whose address is 7530 Little Road,

28 New Port Richey, Florida 34654, herein referred to as "PASCO"; PINELLAS COUNTY,

29 a political subdivision of the State of Florida, whose address is 315 Court Street,

30 Clearwater, Florida 34616, herein referred to as "PINELLAS"; the CITY OF TAMPA, a

31 municipal corporation of the State of Florida, whose address is 306 E. Jackson Street,

32 Tampa, Florida 33602, herein referred to as "TAMPA"; the CITY OF ST. PETERSBURG,


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February 10, 1998 For Discussion Purposes Only Subject to Revision

1 a municipal corporation of the State of Florida, whose address is P. O. Box 2842, 175 Fifth

2 Street North, St. Petersburg, Florida 33731, herein referred to as "ST. PETERSBURG"; the

3 CITY OF NEW PORT RICHEY, a municipal corporation of the State of Florida, whose

4 address is 5919 Main Street, New Port Richey, Florida 34652, herein referred to as "NEW

5 PORT RICHEY'; and the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,

6 a public corporation of the State of Florida created and existing pursuant to Chapter 373,

7 Fla. Stat., whose address is 2379 Broad Street, Brooksville, Florida 34609-6899, herein

8 referred to as "DISTRICT, for itself and on behalf of the ALAFIA RIVER BASIN BOARD,

9 the COASTAL RIVERS BASIN BOARD, the HILLSBOROUGH RIVER BASIN BOARD, the

10 NORTHWEST HILLSBOROUGH BASIN BOARD, the PINELLAS-ANCLOTE RIVER

11 BASIN BOARD, and the W1THLACOOCHEE RIVER BASIN BOARD, herein collectively

12 referred to as "BASIN BOARDS". The parties to this AGREEMENT are the DISTRICT, the

13 AUTHORITY, HILLSBOROUGH, PASCO, PINELLAS, TAMPA, ST. PETERSBURG, and

14 NEW PORT RICHEY.

15 WITNESSETH:

16 WHEREAS, pursuant to Chapter 373, Fla. Stat., the DISTRICT has the statutory

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

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

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

20 priority to reducing the adverse environmental effects of excessive or improper withdrawals

21 of water from concentrated areas; and




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February 10, 1998 For Discussion Purposes Only Subject to Revision
^ WEREA5 CLAG t DaZt0t 1-2Z-48 ?
1 WHEREAS, the 1997 Legislature recognized the need for coordination between

2 water management districts, regional water supply authorities, and local governments and

3 provided clear direction as to each entity's respective role in ensuring that sufficient water

4 is available for all existing and future reasonable-beneficial uses and natural systems, while

5 avoiding the adverse effects of competition for water supplies; and

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

7 management districts in water supply is primarily planning and water resource

8 development, and the proper role of local government and regional water supply authorities

9 is primarily water supply development; and

10 WHEREAS, the AUTHORITY, MEMBER GOVERNMENTS and the DISTRICT

11 agree that it is in the best interest of all the parties and the public that the parties work

12 together toward accomplishing their respective statutory responsibilities including, but not

13 limited to, those set forth inS~itiotf 373.0361, 373.0421, 373.0831 and 373.1963, Fla. v

14 Stat., including the coordination and development of new and additional water supplies to

15 meet existing and future demands of the Northern Tampa Bay area in such a manner as

16 will give priority to reducing adverse environmental effects of improper or excessive

17 withdrawals of water from concentrated areas.

18 NOW, THEREFORE, the AUTHORITY, MEMBER GOVERNMENTS and the

19 DISTRICT, in consideration of the mutual terms, covenants and conditions set forth herein,

20 agree as follows:

21 In the following Agreement, the following terms will have the meanings set forth:




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DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

I bnTno0 "CONSOLIDATED PERMIT' shall mean the Water Use Permit addressed

2 in paragraph 5 of this AGREEMENT which; upon issuance, would consolidate into one

3 permit the existing Water Use Permits for the eleven well fields listed in Exhibit 1, together

4 with other Water Use Permits as contemplated by this AGREEMENT, under which the

5 AUTHORITY would be the sole permitted. The CONSOLIDATED PERMIT shall be in

6 substantially the form attached as Exhibit 6 to this AGREEMENT.

7 "FUNDING AGREEMENT' shall mean a contract between the AUTHORITY

8 and the DISTRICT, substantially in the form attached as Exhibit 2 to this AGREEMENT,

9 governing the design, construction and funding of a PROJECT.

10 "INELIGIBLE PROJECT" shall mean a new water supply facility or new water

11 supply capacity which is not approved by the DISTRICT for co-funding pursuant to

12 subparagraph 3.B. of this AGREEMENT.

13 "INTERLOCAL AGREEMENT" shall mean that certain Amended and

14 Restated Interlocal Agreement, by and among the MEMBER GOVERNMENTS, dated as

15 of April 20, 1998, as the same may be amended or supplemented from time to time. Such

16 Amended and Restated Interlocal Agreement shall be the successor instrument to the

17 Interlocal Agreement, dated October 25, 1974, as amended, among Hillsborough, Pasco,

18 Pinellas, St. Petersburg and Tampa. [AMEND LATER TO REFLECT ACTUAL

19 AGREEMENT]

20 "OPERATIONS PLAN" shall mean that document to be submitted by the

21 AUTHORITY pursuant to subparagraph 4.B. for DISTRICT review and approval, which

4


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DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 shall govern the management of water production, treatment and transmission facilities

2 contemplated by this AGREEMENT in order to achieve the objectives of this

3 AGREEMENT.

4 "PLAN" shall mean the written proposal to be submitted by the AUTHORITY

5 for the development of PROJECTS and INELIGIBLE PROJECTS which shall include the

6 details called for in subparagraph 2.B. of this AGREEMENT.

7 "PROJECT" shall mean a new water supply development project including

8 an alternative source of potable water and transmission pipelineto interconnect regionally
WM bS fuyw4 OV1
9 significant water supply sources and facilities of the AUTHORITY which is approved by the
CCve;t?A tuoLt ?d-, &'oA 6L(CJ to h4 kI\I ntztirfu? o0- -tis kUeA0m'T,
10 DISTRICT for co-funding pursuant to subparagraph 3.B. of this AGREEMENT.

11 1. OBJECTIVES OF THE AGREEMENT. The parties shall cooperate with one

12 another to achieve the following objectives in accordance with the terms and conditions of

13 this AGREEMENT/

14 1.A. Development of New Capacity. Develop at least eighty-five million gallons

15 per day (85 mgd) annual average of new water supply capacity for regional

16 distribution to the MEMBER GOVERNMENTS through the AUTHORITY as
(GrnWeA of {ki. 5 rewd wl" U e VIA 4v
17 of December 31, 2007; 4tv of p)dap LA& dk 16)

18 1.B. Reduction of Pumpage. Reduce the permitted pumpage from the eleven

19 existing well fields listed on Exhibit 1 to no more than one hundred twenty-

20 one (121) million gallons per day annual average as of December 31, 2002,





02/10/98 14:04


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DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

and to no more than ninety (90) million gallons per day annual average as

of December 31, 2007; ,"

1.C. End Litigation. End existing litigation and administrative hearings and avoid

future litigation and administrative hearings among the parties; and
Prouide
1.D. DISTRICT Financial Assistance. Establish a process for the DISTRICT to

provide financial assistance to the AUTHORITY to enable the AUTHORITY

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

Compliance with the quantity limitations set forth in this Agreement shall be based on a 12-

month running average beginning and resetting on the dates specified.

2. DEVELOPMENT OF NEW WATER SUPPLY CAPACITY _-WfMLlt ...

2 2.A. Submission of PLAN. By July 1, 1998, the AUTHORITY shall prepare and

submit to the DISTRICT a PLAN describing PROJECTS and INELIGIBLE PROJECTS

which, upon construction, shall provide an annual average of at least 85 mgd of new water

supply capacity. As of December 31, 2002, the AUTHORITY shall have one or more

PROJECTS and INELIGIBLE PROJECTS constructed, in operation and capable of

producing an annual average quantity of at least 38 mgd of new water supply capacity; for

regional distribution to the MEMBER GOVERNMENTS. As of December 31, 2007, the

AUTHORITY shall have the remaining PROJECTS AND INELIGIBLE PROJECTS

constructed, in operation and capable of producing an annual average quantity of at least

85 mgd (inclusive of the 38 mgd) of new water supply capacity for regional distribution to

the MEMBER GOVERNMENTS. Nothing herein shall be construed to prevent the


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DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 AUTHORITY from having more new water supply capacity constructed, in operation and

2 capable of production at earlier dates. '::'- :
Pki PI[W (HuA PrtT.aT PUO s5141 146h6 fm4 11oiu,8
3 2.C, 2.B. PLAN Contents. At a minimum, the PLAN shall describe each PROJECT

4 and INELIGIBLE PROJECT and shall provide the following information for each:

5 (1) The estimated amount of new water supply capacity to be produced

6 and available for distribution;
Un pvuyoped PUlWI 514t, G
7 (2) when each is expected to be in operation and when the new water

8 supply capacity will be available for regional distribution to the

9 MEMBER GOVERNMENTS;

10 (3) the estimated cost of design, construction and operation;

11 (4) the estimated unit cost of the water; and,

12 (5) the expected funding sources, including how much is expected from

13 each funding source and when DISTRICT funding pursuant to this

14 DuLt-t (1), (8) t M) AGREEMENT will be required:.

15 With respect to providing the information required by subparagraph 2.B.(5) above, the

16 information shall be consistent with the schedule and limitations reflected on Exhibits 2 2..

17 (New Water Source Funding Agreement), 3 (Funding Criteria) and 4 (SWFWMD Annual

18 Funding) consistent with the requirements of subparagraph 3.B. below.

19 C D. 2.C. PLAN Development. The AUTHORITY shall keep the DISTRICT advised NML

20 of the AUTHORITY's planning and progress toward completion of thelPLAN. By April 1, O

21 1998, the AUTHORITY shall meet with the DISTRICT staff to discuss the details of the l

7




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DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 AUTHORITY's July 1,1998 PLAN submitta. at which time the AUTHORITY shall provide
0 -, ; -''.'-
2 the DISTRICT with a current draft of the submittal. The AUTHORITY shall furnish the

3 DISTRICT with an original and 11 copies of the PLAN, in final form, as soon as possible,

4 but in any event no later than July 1, 1998.

5 2. 2.D. PLAN Review. Within ninety (90) days of receipt of the PLAN, or any POw PPVJ)

6 modification thereof, the District shall complete its review of the PLAN or modification and, DifFl~t

7 in its sole discretion, approve or disapprove all or any portion thereof which the DISTRICT
obycctiov ooIe
8 determines to be unacceptable. If all or part of the PLAN or modification is disapproved,

9 the DISTRICT shall advise the AUTHORITY in writing of the reasons for the DISTRICTs

10 disapproval, including, without limitation, apparent non-compliance with the DISTRICT's
Fv f ProbR-tS i "IQto 0^ appr"A "^tS .
11 conditions for issuance of Water Use Permits.4The DISTRICT shall provide in writing to DL .

12 the AUTHORITY a listing of the PROJECTS for which the DISTRICT will provide funding,

13 the estimated amount of funding and the terms under which said funds will be made

14 available to the AUTHORITY; provided, nevertheless, that both the commitment to fund
l!iuol/ 4e ti & :;,- Y oin+ pcqu d61 d ppru4 IA -y eLL prjp6 IeA Pi.tk
15 and the amount of funding shall be subject to/the AUTHORITY and DISTRICT entering a i'l

16 FUNDING AGREEMENT as provided herein. DISTRICT approval of all or part of the u it';

17 PLAN or modification shall not constitute a permit\ The parties acknowledge that the PLAN y

18 is conceptual in nature and that the actual cost of funding a particular PROJECT will be

19 unknown until such time as a Water Use Permit and any and all other governmental

20 permits and approvals are obtained and construction contracts are awarded. The

21 AUTHORITY shall make appropriated changes to the PLAN to adequately address the




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February 10, 1998 For Discussion Purposes Only Subject to Revision

1 DISTRICT's reasons for any disapprovals, which changes shall likewise be subject to

2 DISTRICT review and approval in accordance with this subparagraph. If the AUTHORITY

3 does not make such changes and does not submit a PLAN acceptable to the DISTRICT

4 sufficient to implement the reductions contemplated by this AGREEMENT, this

5 AGREEMENT shall be terminated pursuant to paragraph 21.
An, woco^ of Tie AThil'q oT^1 Pl+AYc1 f^ CLh/L
6 F4 2.E. PLAN Modification. The AUTHORITY may modifythe PLAN with the written
'sAi~\k ~AUI ho W 4fte c 7vP of 4UL D16M) T
7 approval of the DISTRICT, which approval shall not be unreasonably withheld so long as

8 such modification is consistent with the purposes of this AGREEMENT, the

9 CONSOLIDATED PERMIT, and applicable law, and would not result in a delay in achieving

10 the new water supply capacity and the reductions in ground water withdrawals required by

11 this AGREEMENT. The procedure for DISTRICT review and approval or disapproval of the

12 modification shall be as set forth in subparagraph 2.D.

13 2 2.F. PROJECT Permitting. As soon as possible, but in any event no later than

14 [DATE], the AUTHORITY shall have filed all permit applications with all appropriate

15 governmental agencies for PROJECTS and INELIGIBLE PROJECTS identified in the

16 PLAN. With respect to those PROJECTS and INELIGIBLE PROJECTS capable of

17 producing at least 38 mgd of new water supply capacity, the AUTHORITY shall have filed

18 all permit applications with all appropriate governmental agencies no later than sixty (60)

19 days following the DISTRICTS's approval of the PLAN. The AUTHORITY shall expedite

20 the preparation and filing of all permit applications for the development of PROJECTS and

21 INELIGIBLE PROJECTS. In addition, the AUTHORITY shall provide timely, full and




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DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 complete responses to the DISTRICTs request for additional information. The DISTRICT

2 shall give priority to, and expedite action on, any permit applications submitted pursuant

3 to this AGREEMENT. The DISTRICT and AUTHORITY also agree to have pre-application

4 conferences designed to help the AUTHORITY file a complete application.

5 2.G. Funding Requests. Within ninety days (90) following the DISTRICT's

6 approval of the PLAN, the AUTHORITY shall provide the DISTRICT with the

7 AUTHORITY's schedule for construction of the PROJECTS and INELIGIBLE PROJECTS

8 and proposed time table for execution of FUNDING AGREEMENTS and disbursement of
Z.F.
9 funds. The AUTHORITY's requests for funding for particular PROJECTS must include

10 sufficient information to enable the DISTRICT to make an informed judgment whether or

11 not to approve the request prior to entering into a FUNDING AGREEMENT. The District

12 shall complete its review of the funding request within sixty (60) days of its receipt from the

13 AUTHORITY and approve or disapprove all or any portion thereof which the DISTRICT

14 determines to be unacceptable. If all or part of the funding request is disapproved, the

15 DISTRICT shall advise the AUTHORITY in writing of the reasons for the DISTRICT's

16 disapproval. If the request is approved, the DISTRICT shall advise the AUTHORITY in

17 writing of the estimated amount of funds that will be made available for such PROJECT.

18 The DISTRICTs entry into a FUNDING AGREEMENT shall be subject to the appropriation

19 of the requisite funds by the DISTRICT BASIN BOARDS.

20 2.6. 2.H. Progress Reports. The AUTHORITY shall keep the DISTRICT informed of
21 the progress of implementation of any and all PROJECTS and INELIGIBLE PROJECTS,
21 the progress of implementation of any and all PROJECTS and INELIGIBLE PROJECTS,




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DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 and shall furnish the DISTRICT such information as is necessary and appropriate toward

2 this end. In addition, the AUTHORITY shall provide such additional information, and take

3 such other steps to keep the DISTRICT informed of progress, as may be required by the

4 terms of the DISTRICTs FUNDING AGREEMENT. Beginning on July 1, 1999, and each

5 July 1 thereafter until the PROJECTS and INELIGIBLE PROJECTS are constructed and

6 fully operational, the AUTHORITY shall prepare and submit to the DISTRICT an annual

7 report that describes in detail the progress that has been made toward implementation of

8 the PLAN and construction of the PROJECTS and INELIGIBLE PROJECTS.

9 3. DISTRICT FUNDING OF PROJECTS.

10 2.J. 3.A. AUTHORITY Responsibility and Performance Obligation. The

11 AUTHORITY shall have the ultimate responsibility for the planning, construction and

12 operation of all the water supply facilities provided for herein. I n the event that the

13 AUTHORITY defaults under this AGREEMENT by failing to timely meet the reductions

14 required by subparagraph 4.A, the AUTHORITY shall be obligated to immediately

15 thereupon reimburse the DISTRICT for any and all funds paid by the DISTRICT pursuant

16 to paragraph 3. This obligation to reimburse the DISTRICT shall be secured by a good and

17 sufficient performance bond acceptable to the DISTRICT to be executed simultaneously

18 with the funding of the Trust pursuant to subparagraph 3.D.

19 2 3.B. DISTRICT Funding. Subject to the terms and conditions of this

20 AGREEMENT, the DISTRICT agrees to provide up to one hundred eighty-three million,

21 one thousand four hundred ninety-six dollars ($183,001,496) to be used by the




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DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision
QVMA COH^UdC .
1 AUTHORITY for the development of PROJECTS approved for funding pursuant to this

2 AGREEMENT. DISTRICT funds shall be made available in accordance with the schedule

3 and limitations reflected on Exhibits 2, 3, 4 and 5 and be used to cover "Eligible PROJECT

4 COSTS" as defined in the FUNDING AGREEMENT attached as Exhibit 2. At such time
IU^K-I fka DITqltj h&6 omi-t e fw4 w^ fthi a LEE ~aX
5 as the AUTHORITY is prepared to develop a specific PROJECT the AUTHORITY and

6 DISTRICT shall enter a FUNDING AGREEMENTwhich will detail the terms and conditions
&kL 6a t^l1 P `'^ ArQ)L'-LANvA4.,6 %; -
7 by which DISTRICT funds will be disbursed/ wtr ~m.IAe p.io
S/\ Liw S t- i1
8 7 3.C. Additional Funding. The AUTHORITY and DISTRICT shall jointly and

9 cooperatively approach the Florida Legislature, the U.S. Congress, and other potential

10 sources of funds to seek additional funds for construction of additional water supply

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

12 effectiveness of the AGREEMENT.

13 2.P 3.D. Trust Agreement. The DISTRICT, consistent with this AGREEMENT and

14 a mutually agreeable Trust Agreement, substantially in the form of Exhibit 5, shall create

15 a Trust (with a National Financial Institution) of One Hundred Million and 00/100 dollars

16 ($100,000,000.00) for the benefit of and use by the AUTHORITY for the development of

17 PROJECTS as part of the funding described in subparagraph 3.B. (the "Initial Funding

18 Requirement"). The Trust shall be funded no later than ninety (90) days following the later

19 of the following events: 1) the date upon which the DISTRICT approves the PLAN, 2) the

20 date upon which the DISTRICT's BASIN BOARDS have given all necessary approvals to

21 provide funding of the Trust, and 3) the date upon which the INTERLOCAL AGREEMENT




S'0 o2/10/98 14:08 'M904 7 h/6/- *"" SWFWMD LECALc:--- P Fm-..'I .. .. i




DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 has become effective. The Initial Funding Requirement may be comprised of an initial

2 cash amount of not less than $ [VERIFY AMOUNT] (available by [DATE]

3 consistent with Exhibit 4) and a $ [VERIFY AMOUNT] Credit Facility, such

4 as a mutually agreeable letter of credit or surety bond from a financial institution. The

5 Credit Facility shall permit the AUTHORITY to draw amounts only to the extent the

6 AUTHORITY is entitled to funding under this AGREEMENT and associated FUNDING

7 AGREEMENTS for specific projects under this AGREEMENT, and only to the extent the

8 DISTRICT has failed to appropriate such amount to which the AUTHORITY is so entitled

9 under Exhibit 4. The Credit Facility shall have a term of five (5) years from the date of its

10 establishment. Terms and conditions of the Credit Facility shall be reasonably acceptable

11 to the AUTHORITY and the DISTRICT. All earnings on amounts held by the Trustee and

12 all costs and expenses of the DISTRICT associated with the Credit Facility shall be

13 deducted from the total amount of the subsequent year's funding requirement as set forth

14 in Exhibit 4. The DISTRICT shall annually deposit any necessary funds to achieve the

15 annual funds (in accordance with Exhibit 4 and subparagraph 3.D.) to the Trust by April 1

16 of each fiscal year until the Trust balance equals the total appropriation through 2007

17 according to Exhibit 4. The Trustee shall disburse to the AUTHORITY consistent with the

18 Trust Agreement from the proceeds in the Trust an amount consistent with this

19 AGREEMENT and the FUNDING AGREEMENTS starting fiscal year 1999 and thereafter
CiO i l xi^jW -h~e &i&S
20 to 2007. Should the DISTRICT fail to deposit funds for PROJECTS\in violation of this

21 AGREEMENT and the FUNDING AGREEMENTS, the Trustee shall stand in the place of









DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 the DISTRICT and shall be authorized and directed in accordance with the Trust

2 Agreement to disburse all remaining funds in the Trust to the AUTHORITYAin the same

3 manner as the funds should have been disbursed by the DISTRICT in accordance with this

4 AGREEMENT. Such proceeds shall be used by the AUTHORITY exclusively for

5 PROJECTS. Should the AGREEMENT terminate for any reason, under paragraph 21,

6 other than the DISTRICT'S failure to fundrthe sums specified in subparagraph 3.B., then'

7 the Trust Agreement, any FUNDING AGREEMENTS and any obligation of the DISTRICT

8 pursuant to this subparagraph shall terminate and any remaining undisbursed funds, after

9 payment for any outstanding "Eligible" PROJECT Costs under the FUNDING

10 AGREEMENTS, shall be returned to the DISTRICT pursuant to the Trust Agreement.

11 3.E. DISTRICT Failure to Fund. If the DISTRICT does not fund one hundred

12 eighty-three million, one thousand four hundred ninety-six dollars ($183,001,496) for
I 4t c6M iW o{ 455rvmA uw 13 development of PROJECTS under subparagraph 3.B. to reduce pumpagelas provided in -ti,

14 subparagraph 4.A., thereby failing to provide the full amount due under subparagraph 3.B. 1

15 for reasons other than: 1) that the DISTRICT is precluded by applicable law from providing

16 the DISTRICT funding, or 2) that a judicial or administrative proceeding is pending which

17 challenges the DISTRICT funding, or 3) that the AUTHORITY fails to propose or receive

18 approval of PROJECTS requiring funding of the full amount of one hundred eighty-three

19 million, one thousand four hundred ninety-six dollars ($183,001,496), then the

20 AUTHORITY shall be required to reduce pumping only by the proportional amount as

21 determined by the following formula: .





'* 02/10/98 14:09: 0904 7&4WY Ws ; S:8 .Winn tor; IuU-
F f. LEGA:,- u.u




DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 Pumpage reduction = mgd x Total funds provided to AUTHORITY
2 $"183,001,496 -

3 [* mgd represents the difference between the interim allowable production quantity

4 for the 11 well fields ( mgd) minus the 90 mgd production limitation as of December

5 31, 2007]. The AUTHORITY shall have six (6) months from the date of the DISTRICT's

6 failure to fund by which to file an application for modification of the CONSOLIDATED,

7 PERMIT, or individual Water Use Permits, as the case may be, and the DISTRICT shall

8 grant such application, consistent with this subparagraph, unless prohibited by applicable

9 law. Except as set forth in this subparagraph in the case of the DISTRICT's failure to fund

10 PROJECTS under subparagraph 3.B. the DISTRICTs authority under applicable law to

11 regulate water use is unchanged by this AGREEMENT.

12 3.F. Funding Contingencies. The DISTRICT's performance and payment

13 obligations for each fiscal year are contingent upon the annual appropriation of the amount

14 required by its Governing Board and appropriate BASIN BOARDS; provided the foregoing

15 shall not be construed to apply to amounts held by the Trustee or amounts available to be

16 drawn under the Credit Facility described above.

17 4. RECOVERY STRATEGY ,Jl pC

18 4.A. Phased Reductions. The objectives of this AGREEMENT shall constitute

19 part of the DISTRICT'S recovery strategy for the Northern Tampa Bay area as provided

20 for in Secs. 373.0361, 373.0421(2), 373.0831 and 373.1963, Fla. Stat. More specifically,

21 as part of the DISTRICT's phased recovery strategy for the Northern Tampa Bay area, the


15





02/10/98 14:09 e9047 ..-88(A, ^ sW ,*. A.^ 74 -. 6 .




DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 AUTHORITY and MEMBER GOVERNMENTS agree that: 1) combined production at the

2 well fields listed in Exhibit I shall upon the effective date of this AGREEMENT be limited

3 to a total annual average daily quantity of mgd, annual average daily,

4 through December 31, 2002; 2) as of December 31, 2002, the total annual average daily

5 quantity permitted for withdrawal from the eleven listed well fields shall be one hundred

6 twenty-one (121) mgd; and 3) as of December 31, 2007, the total annual average daily

7 quantity permitted forwithdrawal from the eleven listed well fields shall be ninety (90) mgd.

8 The eleven well fields are listed on Exhibit 1 attached hereto.

9 1 i 4.B. Operations Plan. With the intent to clarify and constrain operational

10 practices for the eleven well fields listed in Exhibit 1, the AUTHORITY shall submit to the

11 DISTRICT by July 1, 1998, an OPERATIONS PLAN that describes how the AUTHORITY

12 shall operate its water supply system including the eleven listed well fields in order to

13 minimize adverse environmental impacts \in the vicinity of those well fields. The
~,4c4- c0
14 OPERATIONS PLAN shall be submitted to the DISTRICT annually by July 1 for review and

15 approval by the DISTRICT and shall be subject to any required permitting or permit
t o0viAtAte
16 modification. The AUTHORITY may propose modifications to the OPERATIONS PLAN
5tLoLcfc{ +IlU K- ~rLc o-n 17 from time to timeI Any modification to the OPERATIONS PLAN shall require the prior

18 approval of the DISTRICT. The OPERATIONS PLAN shall be modified when new waters

19 supply capacity is added to the AUTHORITY's water supply system. The DISTRICT's

20 approval of the OPERATIONS PLAN or modifications shall not be unreasonably withheld

21 so long as the OPERATIONS PLAN minimizes adverse environmental impacts in the





0O2/10/98 14:10 W904 7,k4i4 .pyl$ d. I~GAb -


LI:0I\ "!


DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

vicinity of the well fields listed in Exhibit 1 and is otherwise consistent with this

AGREEMENT, the CONSOLIDATED PERMIT and applicable law.

S,( 4.C. Allocation of Reductions. As an additional effort to minimize adverse

environmental impacts, at any time prior to the dates for reduction of pumpage in
M/fcormcuJ "wtoa[
subparagraph 1.B., as any new water supply is added to the AUTHORITY's water supply

system (whether from PROJECTS or not), a minimum of fifty percent (50%) of the average

annual permitted capacity from such new facilities shall be used to reduce production from

the eleven listed well fields. Said reduction may be greater and shall be determined at or

prior to the time the new facility is placed in operation. Said determination shall be based

on the current and projected demand. Said minimum reductions shall be allocated as

follows: 1) a minimum of 40% at well fields in or impacting Pasco County; 2) a minimum

of 20% at well fields in or impacting Hillsborough County; 3) a minimum of 10% at well

fields in or impacting Pinellas County; and 4) the balance to be proposed by the

AUTHORITY subject to the approval of the DISTRICT. Said reductions shall be based on

the annual average daily quantity. Further, the OPERATIONS PLAN when adopted shall

control, but shall be consistent with the reductions required in this subparagraph and must

meet or exceed the performance standards contained in this subparagraph.
fctnW HCj !2~l\-b- MK S3E p, 1
5. CONSOLIDATED PERMIT.

5.A. Purpose. The parties hereto agree that the CONSOLIDATED PERMIT

would be beneficial to the operation and regulation of the AUTHORITY's water supply



17


Itwe IS




(w~e 18


(we --
P 1b






02/10/98 14:11 -904 7 Waj -" SHWFVWM EGA. p .. .




DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 facilities, including the 11 listed well fields as well as other existing and future facilities.

2 serving the AUTHORITY's public water supply system. ( M 6wot & 4 CM & f-r

3 5.B. Four Well Field Permits Pending Administrative Proceeding. The 17
(lth lb
4 DISTRICT, AUTHORITY, HILLSBOROUGH COUNTY, PASCO COUNTY, PINELLAS
\VICovppwy 4U kYW)5 di-i CWAlfh" Ot
5 COUNTY and ST. PETERSBURG agree to consolidate the individual Water Use Permits

6 for the South Pasco, Cosme-Odessa, Section 21 and Northwest Hillsborough well fields

7 into the CONSOLIDATED PERMIT.

8 5.C. Other Existing Well Field Permits. Further, the AUTHORITY and

9 necessary MEMBER GOVERNMENTS agree to file appropriate applications to modify or

10 amend, as appropriate, their existing Water Use Permits for the Eldridge-Wilde, Cypress

11 Creek, Cross Bar Ranch, Starkey, Morris Bridge, Cypress Bridge and North Pasco well

12 fields so that the operation and regulation of these well fields shall be incorporated into the

13 CONSOLIDATED PERMIT. The parties further agree that, upon expiration of the term of

14 the South Central Hillsborough Regional Well Field Water Use Permit, any renewal Water

15 Use Permit for this facility may, at the sole discretion of the District, be incorporated into

16 the CONSOLIDATED PERMIT or renewal thereof, as the case may be.

17 5.D. New Water Supply Capacity. With respect to any water use permits

18 required under Part II of Chapter 373, Fla. Stat., for the PROJECTS developed pursuant

19 to the PLAN, the AUTHORITY may apply for and the DISTRICT shall issue such permits

20 if the facility meets the criteria for issuance. The DISTRICT may elect in its sole discretion

21 to: (1) issue such permits subject to a term expiring when the CONSOLIDATED PERMIT





- 02/0/98141:11" e904 754..687,8 ~~W n~,,~1~
SWFW6 v.
LiA 1 2


DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision Pay o 1(

expires or(2) modify the CONSOLIDATED PERMITto include the new approval provided

that, in either case, reasonable assurances can be provided that the applicable permitting

criteria will be met for the duration of the CONSOLIDATED PERMIT.

A 5.E. Chapter 120 Review. It is the intent of the parties that the CONSOLIDATED

PERMIT will be issued pursuant to a Final Order of the DISTRICT approving a settlement

of the pending administrative proceeding referred in subparagraph 5.G., and will, therefore,

not create a new point of entry to challenge the terms and conditions governing the South

Pasco, Cosme-Odessa, Section 21 and Northwest Hillsborouglwell fields. However, it is

not the intent of the parties hereto to limit or restrict in any way a substantially affected

party's rights under Chapter 120, Fla. Stat., as to the terms and conditions of the

CONSOLIDATED PERMIT as it relates to the well fields or other facilities other than South

Pasco, Section 21, Cosme-Odessa and Northwest Hillsborough Regional.

\6 5.F. Timing of Issuance of CONSOLIDATED PERMIT. The DISTRICT shall

issue, and the AUTHORITY shall accept and be bound by the CONSOLIDATED PERMIT

upon: 1) the full implementation of all requirements of the INTERLOCAL AGREEMENT

including, but not limited to, the passage of the proposed legislation and the

implementation of the transfers of property and responsibility to the AUTHORITY; 2) the

filing and DISTRICT approval of all appropriate applications to modify or amend, as

appropriate, the existing Water Use Permits for the Eldridge-Wilde, Cypress Creek, Cross

Bar Ranch, Starkey, Morris Bridge, Cypress Bridge and North Pasco well fields; 3) final

DISTRICT approval of any and all necessary petitions for rule waivers or variances


(I '







p Pb
lime9


P 1





02/10/98 1 4:12* 0904 -7-5W168-78 i SWFW]r.: LE GAIJ 7-





DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

I required to be filed by the AUTHORITY and appropriate MEMBER GOVERNMENTS

2 pursuant to paragraph 26; 4) final adoption of any and all changes to DISTRICT rules

3 necessary for the issuance of the CONSOLIDATED PERMIT; and 5), unless waived by the

4 DISTRICT in its sole discretion, DISTRICT approval of the OPERATIONS PLAN.

5 5.G. Settlement and Dismissal of Pending Administrative Proceeding.

6 Promptly following a favorable conclusion of any and all administrative or judicial

7 challenges affecting the issuance of the CONSOLIDATED PERMIT, the DISTRICT, the

8 AUTHORITY, PASCO COUNTY, PINELLAS COUNTY and ST. PETERSBURG shall

9 execute and file with the DISTRICT a written Stipulation and Settlement Agreement with

10 proposed Final Order, in the form attached hereto as Exhibit 7. The CONSOLIDATED

11 PERMIT shall issue, and the Final Order shall be entered by the DISTRICT, at the

12 DISTRICT's next regular monthly meeting following the date of filing of the Stipulation and

13 Settlement Agreement which allows sufficient time for legally required notice of the intent

14 to approve the Stipulation and Settlement Agreement and for entry of the Final Order.

15 Entry of the Final Order shall constitute a full settlement of all issues in DOAH Case Nos.

16 95-1520, 95-1521, 95-1522, 95-1523, 95-1525, 95-1526,95-1527 and 95-1528, and shall

17 result in the dismissal of said proceedings. The parties agree to bear all of their own costs

18 and fees related to these cases.

19 i\ 5.H. Chapter 120 Time Extensions. Until such time as the CONSOLIDATED

20 PERMIT is issued and becomes final, the involved parties agree to extend as necessary

21 all applicable time limits for action on permits for all the well fields listed on Exhibit 1.





.. 02/10/98 14:12 e'904 '754:..8.78 :,;: I, T.. -AL.' ,: ..: ,;




DRAFT
February 10, 1998 For Dicussion Purposes Only Subject to Revision

1 Il 5.1. Non-issuance of CONSOLIDATED PERMIT. Should the CONSOLIDATED

2 PERMIT not issue by reason of the fact that one or more of the conditions to its issuance

3 set forth in subparagraph 5.F. above is not met, or because of a successful third party

4 administrative or judicial challenge to its issuance, this AGREEMENT shall not terminate.

5 The existing Water Use Permits which would have been consolidated shall remain in full

6 force and effect subject to all their terms and conditions as well as all terms and conditions

7 of this AGREEMENT which are not solely related to the issuance of the CONSOLIDATED

8 PERMIT. For example, the requirements for DISTRICT funding in paragraph 3 and the

9 requirements for reduction in withdrawal quantities set forth in subparagraph 4.A. shall

10 nevertheless remain in full force and effect.

11 6. LAND ACQUISITION. By [DATE], and upon the request of ST. PETERSBURG,

12 the DISTRICT and ST. PETERSBURG shall endeavor to negotiate in good faith

13 agreements for the acquisition of fee simple title to the Weeki Wachee Springs property

14 owned by ST. PETERSBURG. The DISTRICT shall request Conservation and Recreation

15 Lands (C.A.R.L.) funds for the acquisition of the property in the amount not to exceed the

16 amount set forth in Exhibit 8 subject to applicable C.A.R.L. and statutory requirements and

17 availability of funds.

18 7. CONSERVATION AND REUSE

19 7.A. Demand Management The AUTHORITY's current Master Water Plan

20 states that an aggressive conservation and demand management program is an integral

21 component of a sustainable water supply. The Master Water Plan provides that the





S02/10/98 14:13 & 904 754 687 ...., SWW teGALE,,. -..- :.
--*llols *-r -IP~o l ? t l --SW F -L EGAL '-" ? c r -, .;,-



DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 conservation program is expected to reduce use by 10 mgd (annual average) by 2000,

2 and an additional 7 mgd (annual average) by 2005. These reductions are reflected in

3 AUTHORITY'S projected water needs and would contribute to a reduction in per capital

4 use. The AUTHORITY shall continue to plan and coordinate and the MEMBER

5 GOVERNMENTS shall continue t develop and construct conservation and reclaimed

6 water projects, and the AUTHORITY shall annually report, as part of the report required

7 by subparagraph 2.L., on the status conservation and demand management projects.

8 .Z0 7.B. Demand Management Co-Funding. The DISTRICT, in conjunction with the

9 appropriate Basin Boards, intends to collectively continue to fund, to the extent authorized

10 by law, approximately nine million dollars ($9,000,000.00) per year for conservation and

11 reclaimed water projects that effectively reduce potable water use. This collective funding
5holl s all be
12 is expected to be continued for ten (10) years and is expected to provide funds for such

13 purposes to the AUTHORITY, MEMBER GOVERNMENTS and other local governments

14 in Hillsborough, Pasco and Pinellas Counties on a 50/50 cost sharing basis. The failure

15 of the DISTRICT and BASIN BOARDS to provide this funding shall not be deemed a

16 breach of this AGREEMENT, and there shall be no remedy against the DISTRICT or

17 BASIN BOARDS in favor of the other parties by reason of such failure to fund.
6-
18 2 7.C. WUCA Rule. Upon issuance of the CONSOLIDATED PERMIT, the

19 MEMBER GOVERNMENTS shall remain responsible for compliance with the Northern

20 Tampa Bay WUCA rule, Rule 40D-2.801(3)(c), F.A.C., including Basis of Review Sections





02/10/98 14:14 A904 l 4^'' I:-- i ^" fS"^"-. 'R;,i:-Li..<.. 028





DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 7.3.1.1, 7.3.1.2. and 7.3.1.3. The AUTHORITY's responsibilities for reporting compliance

2 with such rule shall be as set forth in the CONSOLIDATED PERMIT.

3 8. ALTERNATIVE DISPUTE RESOLUTION

4 'z 8.A. Water Consortium. As an alternative to the high cost of administrative

5 proceedings, litigation and appeals, the DISTRICT and the AUTHORITY shall investigate

6 the availability or establishment of a scientific consensus process in conjunction with

7 establishment of a Water Consortium as set forth herein. Within ninety (90) days after the

8 effective date of this AGREEMENT, the DISTRICT and AUTHORITY shall consider

9 establishment of a Water Consortium within the Environmental Science and Policy

10 Program of the University of South Florida. This Water Consortium shall be an

11 independent entity which will review scientific issues related to water sources, as may be

12 jointly requested by the parties in order to minimize the conflicts between the AUTHORITY

13 and DISTRICT and reduce or eliminate any need for further costly litigation.

14 81 8.B. Dispute Resolution Process. The DISTRICT and the AUTHORITY agree

15 to resolve any disputes related to the interpretation, obligations or performance of this

16 AGREEMENT, including but not limited to the DISTRICTs approval of the PLAN and

17 OPERATIONS PLAN in the manner described in this subparagraph. Either party may

18 initiate the dispute resolution process by providing written notice of the issue or issues

19 raised and the complaining party's position on it to the other party. After transmittal and

20 receipt of a notice specifying the area or areas of disagreement, the parties agree to meet

21 at reasonable times and places, as mutually agreed upon, to discuss the issues. If





-* ...- '.c. r .^ y .




DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 discussion between the parties fails to resolve the dispute within thirty (30) days of the

2 initial written notice, the parties shall appoint a mutually acceptable third party to act as a

3 mediator. Such mediator shall be appointed by letter signed by both parties. In such

4 mediation the parties shall bear their own fees and costs. The mediation contemplated by

5 this subparagraph is intended to be an informal and non-adversarial process with the

6 objective of helping the parties reach a mutually acceptable and voluntary agreement. The'

7 decision-making shall rest solely with the parties. The mediator shall assist the parties in

8 identifying issues, fostering joint problem-solving and exploring settlement alternatives. If

9 the parties are unable to reach a mediated settlement within sixty (60) days of the

10 mediator's written appointment, either party may terminate the settlement discussions by

11 written notice to the other party. In such event, either party may initiate litigation or petition

12 for an administrative hearing to the extent authorized by law within thirty (30) days of the

13 notice terminating the settlement discussions. Failure by the party initiating the dispute to

14 commence litigation or to file a petition requesting an administrative hearing within the thirty

15 (30) day period shall be deemed to constitute an acceptance of the interpretation or

16 performance of the other party.

17 1h 9. COMPLIANCE WITH APPLICABLE LAW. No party to this AGREEMENT shall be

18 compelled to pay or perform under one or more of the provisions of this AGREEMENT

19 where such payment or performance would constitute a violation of applicable law. Each

20 party shall comply with all applicable federal, state and local laws, rules, regulations and

21 ordinances relative to performance under this AGREEMENT. The parties agree that

24 *
i ^5 '










DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 nothing contained in or done pursuant to this AGREEMENT shall be construed to modify

2 any existing rules or orders, including permits, of the DISTRICT except for those permits

3 which shall be consolidated into the CONSOLIDATED PERMIT to be issued pursuant to

4 this AGREEMENT. All new rules or orders or changes or amendments to existing

5 DISTRICT rules and orders shall be subject to all the requirements of Chapters 120 and

6 373, Fla. Stat.

7 10. ASSIGNMENT. No party may assign or transfer its rights or obligations under this

8 AGREEMENT.

9 11. THIRD PARTY BENEFICIARIES. Nothing in this AGREEMENT shall be construed

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

11 12. MODIFICATIONS. This AGREEMENT constitutes the entire AGREEMENT

12 between the parties and may be amended only in writing, signed by all parties to this

13 AGREEMENT.
\.
14 13. DOCUMENTS. The following documents are attached and made a part of this

15 AGREEMENT:

16 Exhibit #1 List of Water Facilities

17 Exhibit #2 New Water Sources Funding Agreement

18 Exhibit #3 Funding Criteria

19 Exhibit #4 SWFWMD Annual Funding

20 Exhibit #5 Form of Trust Agreement

21 Exhibit #6 Form of CONSOLIDATED PERMIT

25


----~-----





02/10/98 14:15 "'904 75 r4 'O a ',nb 'rn ..,..L -- ., ." ,,.




DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 Exhibit #7 Stipulation And Settlement Agreement

2 Exhibit #8 Ownership, Acreage and Valuations

3 The Exhibits are incorporated in this AGREEMENT by reference. In the event of an

4 irreconcilable conflict between the terms of this AGREEMENT and an Exhibit, priority shall

5 first be given to the language in the body of this AGREEMENT, then to the Exhibits.

6 14. LIMITATION OF LIABILITY

7 y 14.A. Waiver of Monetary Damages. No party hereto nor its board members,

8 elected officials, attorneys, directors, officers, employees, agents or representatives shall

9 be liable to any other party or its board members, elected officials, attorneys, directors,

10 officers, employees, agents or representatives for any monetary damages or costs

11 including but not limited to indirect, incidental, special, consequential or punitive damages,

12 however caused, whether in contract, tort, strict liability, warranty or otherwise, arising out

13 of or relating to the performance or failure to perform under this AGREEMENT.

14 \ 14.8. Liability for Mitigation. Nothing contained in this AGREEMENT is intended,

15 nor shall the same be construed, to release the AUTHORITY or MEMBER

16 GOVERNMENTS, in whole or in part, from responsibility for mitigating all past, present and

17 future adverse environmental impacts, if any, resulting from ground or surface water

18 withdrawals at the facilities which would be covered by this AGREEMENT. Nothing

19 contained in this AGREEMENT is intended, nor shall the same be construed, to admit any

20 liability of the AUTHORITY or MEMBER GOVERNMENTS.










DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 15. EFFECTIVE DATE. The effective date of this AGREEMENT shall be the date upon

2 which all parties have executed this AGREEMENT. The effectiveness of this

3 AGREEMENT is conditioned upon its being executed by all parties no later than [DATE]

4 16. EXTENSION OF TIME. The time for performance of a party hereto of any obligation

5 required of it by this AGREEMENT may be extended upon the advance written consent

6 of all other parties, which consent shall not be unreasonably withheld so long as the'

7 requesting party strictly complies with the provisions of this paragraph. .V

8 16.A. Performance Prevented. The time for performance of an obligation required

9 of a party may be extended only if the party seeking the time extension is prevented from IE Pb'

10 timely fulfilling an obligation required of it under this AGREEMENT due to: 1) a judicial or

11 administrative proceeding involving the obligation to be performed; 2) the failure of another

12 party to timely perform an obligation under this AGREEMENT; or 3) the acts or omissions

13 of anyone not a party to this AGREEMENT other than one whose act or omission occurs

14 in connection with a contractual relationship existing directly or indirectly with a party to this

15 AGREEMENT.

16 16.B. Required Notice. A party seeking an extension of time for performance of

17 any obligation under this AGREEMENT shall notify all other parties of its intention to obtain

18 such time extension as soon as such party becomes aware of a basis for an extension

19 under subparagraph 16.A. The other parties shall, within forty-five (45) days of receipt of

20 the request, notify the requesting party in writing whether or not they consent to the

21 request. The time period for performance shall be tolled during the period from the date

27


--
~------





02/10/98 14:17 *'904 75- e :,87 L- ..' .7 S ., .,.,.
sWEWJ9irLEGAL:, .- .




DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 of the request through the date of receipt of notice of consent from all parties or the receipt

2 of notice of the refusal to consent by any party.

1 3 17. GOVERNING LAW. ThisAGREEMENT shall be governed by and construed

4 in accordance with the laws of the State of Florida.

1 5 18. TIME. Time is of the essence in this AGREEMENT.

6 19. DISTRICT'S REGULATORY AUTHORITY. The terms and conditions of this'

7 AGREEMENT are not intended by the parties, and shall not be construed to limit or impair

8 the regulatory authority of the DISTRICT except as expressly provided for in

9 subparagraphs 3.E. and 3.F.

S10 20. EXPIRATION DATE. This AGREEMENT shall expire on December 31, 2010.

11 21. TERMINATION.

12 21.A. Events of Termination. This AGREEMENT shall terminate, subject to the

13 notice and cure provisions contained in subparagraph 21.B., if any of the following occur

14 : (1) the INTERLOCAL AGREEMENT that reorganizes the AUTHORITY either fails to

15 become fully implemented or is terminated; (2) The PLAN described in subparagraph 2.A.

16 through 2.E. is not timely submitted by the AUTHORITY or is not approved by the

17 DISTRICT following the notice and modification procedure described in subparagraphs

18 2.E. and 2.F. on or before [DATE]; (3) the AUTHORITY fails to propose a PLAN containing

19 PROJECTS acceptable to the DISTRICT which would utilize the full amount of DISTRICT

20 co-funding under subparagraph 3.B.; or (4) the OPERATIONS PLAN is not timely





o*inmr I IrIf-Lt-.tf ..-.. -




DRAFT
February 10, 1998- For Discussion Purposes Only Subject to Revision

1 submitted by the AUTHORITY or is not approved by the District following the notice and

2 modification procedure described in subparagraph 4.B. on or before [DATE].

3 21.B. Notice and Cure. Any party who believes that an event of termination has

4 occurred shall give notice in writing to all other parties specifying the basis of the claimed

5 event of termination and specifying what actions, if any, may be needed to correct the

6 circumstances. If the circumstances are not corrected in forty five (45) days of the notice,

7 the party giving notice may declare the AGREEMENT terminated and the parties shall

8 thereafter govem themselves accordingly.

9 P. n 21.C. Associated Changes to Permit Should this AGREEMENT terminate

10 under this paragraph 21, then all permits approved pursuant to this AGREEMENT shall

11 also terminate after a period of six (6) months. The Authority shall file all necessary

12 applications to modify or replace such permits in keeping with applicable law within that six-

13 month period.

S5 14 22. EMERGENCIES. Nothing contained in, or done pursuant to, this AGREEMENT

15 is intended by the parties, and nothing in this AGREEMENT shall be construed, to limit or

16 impair the DISTRICTs lawful authority and power to respond to emergencies.

17 23. COMPLIANCE WITH APPLICABLE LAW. Nothing herein shall be construed
9-,
18 to require any party hereto to act in a manner contrary to applicable law nor limit the

19 authority of any party under applicable law except as specifically stated herein. No party

20 shall be considered to be in default under this AGREEMENT if a party is required to take,



29


----
---~------







3- ~--

DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 or refrain from taking, any action required by law that is, or may be, inconsistent with this

2 AGREEMENT.

3 24. NON-WAIVER. Except to the extent specifically waived herein, nothing in this

4 AGREEMENT shall constitute a waiver by any of the parties hereto of any rights they may

5 have under Chapters 120 and 373, Fla. Stat. Further, nothing in this AGREEMENT shall

6 be construed to limit or waive the rights of any non-party under Chapters 120 and 373, Fla.

7 Stat.

8 25. DISMISSAL OF ACTIONS. In addition to the voluntary dismissal of the DOAH

9 cases listed in subparagraph 5.G. and subject to the contingencies therein, the appropriate

10 parties hereto agree to voluntarily dismiss the following case:

11 Pinellas County, Florida v. Southwest Florida Water Management District, et al.. Case

12 No. 97-00767, in the Fifth District Court of Appeal.

13 Further, the parties hereto agree that they will dismiss any pending rule challenges and will

14 not file any rule challenges under Chapter 120, Fla. Stat., so far as such challenges involve

15 the amendments to Chapters 40D-2,40D-4,40D-8 and 40D-80, F.A.C., that are consistent

16 with this AGREEMENT.

17 26. RULE WAIVER VARIANCE. In order to effectuate the terms and conditions of

18 this AGREEMENT it is necessary for the DISTRICT to waive or grant variances to its rules.

19 Set out below are the rules for which waivers or variances are necessary:

20 [INSERT LIST]





S02/10/98 4:i.s '904 26^ .'018 ..: 1" .... .. "
'. L ', S



DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 Within thirty (30) days of the effective date of this AGREEMENT, the AUTHORITY shall

2 file a petition pursuant to Sec. 120.542, Fla. Stat., requesting such waivers and variances.

3 27. NOTICE. Any notice required under this AGREEMENT shall be in writing and shall

4 be either hand delivered or transmitted by certified or registered mail, postage prepaid with

5 return receipt requested, and addressed to the parties as follows:

6 [INSERT NAMESIADDRESSES OF PARTIES & ATTORNEYS]

7 A party may change its address set forth above by providing the other parties with notice

8 of any such address change in the same manner provided above, and which change shall

9 be effective fifteen (15) days from the mailing by certified mail, return receipt requested,

10 of such written notice of change.

11 28. CONSTRUCTION OF AGREEMENT. Notwithstanding any rule of law or principle

12 of contract construction to the contrary, no term or provision of this AGREEMENT which

13 is subsequently determined to be ambiguous shall be construed more favorably for or

14 against either party based on draftsmanship or preparation of this AGREEMENT.

15 29. COMPLIANCE DATES. In the event that any date specified in this AGREEMENT

16 shall be on a Saturday, Sunday or state or national holiday, then the date so specified shall

17 be deemed to be the next business day following such date, and compliance by such

18 business day hereunder shall not be deemed a default by any of the parties under this

19 AGREEMENT.





.t3.l&UfO h,- o5*- U0. ., -- 0





DRAFT
February 10, 1998 For Discussion Purposes Only Subject to Revision

1 30. HEADINGS. The headings of each section in this AGREEMENT are for

2 convenience of reference only, and shall not affect the interpretation or meaning of this

3 AGREEMENT. .: ,

4 31. COOPERATION. In order to effectuate the terms and conditions of this

5 AGREEMENT, including the transfer of assets pursuant to paragraph 16 of the

6 INTERLOCAL AGREEMENT to allow for the operation of the well fields and facilities by,

7 the AUTHORITY, the DISTRICT, AUTHORITY and MEMBER GOVERNMENTS agree

8 to execute all the necessary and appropriate amendments, agreements, contracts,

9 applications and documents.

10 32. VENUE. Venue for purposes of any action or proceeding brought to enforce or

11 interpret this AGREEMENT shall lie in Hemando County, Florida.

12 IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have

13 executed this AGREEMENT on the day and year set forth next to their signature below.

14
15 WEST COAST REGIONAL WATER
16 SUPPLY AUTHORITY
17
18
19 Chairman
20
21 ATTEST:
22
23
24 Clerk
25
26













DRAFT
February 10, 1998 FodDiscussion Purposes Only Subject to Revision
. ..: rs* ^


, IICESBOROUGH COUNT
Y, D


Chairman
Board of County Commissioners '


7 ATTEST:


Clerk


PASCO COUNTY, FLORIDA


t---.-. *. .

Chairman
Board of County Commissioners


ATTEST:


Clerk


3 i .. -.


PINELLAS COUNTY, FLORIDA



Board of County Commissioners


ATTEST:


Clerk


CITY OF TAMPA, FLORIDA


Mayor


ATTEST:


Clerk


"4'
'p


: i.
I
.Sf
i:'
Fl
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.-.-- -.
:?z bi


---------------


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DRAFT
February 10,1998 For Discussion Purposes Only- Subject to Revision .. ''

I '' : -,:. :- 0.CITYOF NEW PORT RICHEY
2
3 -. .. -. _ __. ... -,._-
4 ns.Mayor
5 -, '.T\:fm, ^ ,.. ,, i,", ** r .:. ... .
6 ATTEST:
7 T..",\ s

9 Clerk
10
11 CITY OF ST. PETERSBURG
12 -0
13 _
14 -- -- .--. .... .. .._ Mayor -
15 o
16 ATTEST:
17
18
19 Clerk '
20
21 SOUTHWEST FLORIDA WATER
22 MANAGEMENT DISTRICT .'
23 -
24
25 Chairman
26
27 ATTEST:
28
29
30 Clerk




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