Title: Contract Between St. Petersburg and the West Coast Regional Water Supply Authority
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 Material Information
Title: Contract Between St. Petersburg and the West Coast Regional Water Supply Authority
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Contract Between St. Petersburg and the West Coast Regional Water Supply Authority
General Note: Box 28, Folder 2 ( West Coast Regional Water Supply Authority Agreements - 1976-1982 ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004685
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









AGREEMENT

This CONTRACT entered into this 22 day of November

1976, by and between the CITY OF ST. PETERSBURG, a municipal corpora-

tion of the State of Florida (hereinafter cited as "St. Petersburg"),

and the WEST COAST REGIONAL WATER SUPPLY AUTHORITY, a public body

created pursuant to Chapter 74-114, Laws of Florida, 1974

(hereinafter cited as "Authority").

WITNESSETH THAT:

WHEREAS, ST. PETERSBURG and PASCO COUNTY, a political sub-

division of the State of Florida (hereinafter cited as "Pasco")

and PINELLAS COUNTY, a political subdivision of the State of Florida

(hereinafter cited as "Pinellas"), and the SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT, a public corporation created under Chapter 61-

691, Laws of Florida, 1961, as amended (hereafter cited as

"District") have repeatedly expressed the view that it is in the best

interest of the public to develop a regional well field at Cypress

Creek Flood Detention Area; and

WHEREAS, St. Petersburg, Pasco, Pinellas and the District

have entered into several agreements for the cooperative develop-

ment of the Cypress Creek Well Field within the Cypress Creek Flood

Detention Area located in Pasco County; and

WHEREAS, St. Petersburg entered into the Cypress Creek Agree-

ment of November 14, 1973, with Pasco, Pinellas and the District,

whereby St. Petersburg, Pasco and Pinellas have a property interest

in the land described therein in return for paying one-half of the

District's total acquisition cost of said lands; and

WHEREAS, St. Petersburg entered into the Cypress Creek Develop-

ment Agreement of August 30, 1974, with Pasco, and Pinellas, whereby

all three formed a joint venture to share the cost of developing

the Cypress Creek Well Fields and the amount of potable water

produced by the completed facilities; and



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WHEREAS, St. Petersburg entered into an agreement with

Pinellas on July 10, 1973, for the installation and operation of

an 84-inch transmission main from the Cypress Creek Well Field;

and

WHEREAS, the parties to this Agreement believe that the

best way the Cypress Creek Well Field can be developed as a

regional water supply to meet the needs of St. Petersburg, and of

Pinellas, Pasco and Hillsborough Counties is through its management

by the Authority.

NOW, THEREFORE, in consideration of the promises and

mutual agreement herein contained to be performed by the parties

hereto respectively, it is agreed as follows:

I

1. St. Petersburg owns interests in real property,

personal property and has various contract rights and duties

the transfer of which are the subject of this Agreement. Unless

otherwise clearly indicated, it is the intention of the parties

that this document shall be considered as a "Contract for Deed"

as to St. Petersburg's real property interests, a "Conditional

Sale" as to any personal property, and a "Conditional Partial

Assignment" as to any contract or other rights or property

interests. If the authority makes the payments and performs the

covenants hereinafter mentioned on their part to be made and per-

formed, St. Petersburg hereby covenants and agrees to sell, convey,

assign or otherwise transfer and set over unto the authority the

property interests and contract rights herein described. If the

authority fails to perform any of the material covenants on their

part hereby made and entered into, this Agreement shall, at the

option of St. Petersburg, be forfeited and terminated, and the

authority shall forfeit all payments made under this agreement,

and such payments shall be retained by St. Petersburg inasmuch as




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said payments represent a pro rata portion of St. Petersburg's

actual investment, costs and expenses and not a penalty, and

St. Petersburg shall have the right to re-enter and take possession

of its property without being liable to any action therefore.

CONTRACT FOR DEED TO REAL PROPERTY

2. REAL PROPERTY INTERESTS AT "CYPRESS CREEK":

St. Petersburg shall convey to the Authority, by special warranty

deed, all of its rights, titles and interest, arising out of

the contract attached hereto as Exhibit A in the lands described

in Exhibits to such contract at the time the Authority has made

all payments due to St. Petersburg under this contract.

(a) Such rights, titles and interest include,

but are not limited to, St. Petersburg's

equitable interest in the lands described

in Exhibit B, held in trust by the District;

and

(b) St. Petersburg's interest in permanent

easements and groundwater rights in land

described in Exhibit B; and

(c) St. Petersburg's interest in any ground-

water rights, perpetual easements or

permanent rights-of-way for the construc-

tion, reconstruction, maintenance, repair,

use and operation of production wells, pumps,

collector mains, pumping stations, transmis-

sion mains, roadways appurtenances and power-

lines in, over, through and across lands

described in Exhibit B, to be conveyed at a

future date by the District.





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3. REAL PROPERTY INTEREST "84" INCH TRANSMISSION LINE:

St. Petersburg shall convey to the Authority by special warranty deed

all of its rights, titles and interest arising out of the contract

attached hereto as Exhibit D in the lands described therein, at the

time the Authority has made all payments to St. Petersburg under

this contract.

(a) Such rights, titles and interest in-

clude, but are not limited to St.

Petersburg's interest in the right-

of-way or easements for this joint

transmission line.

4. REAL PROPERTY INTEREST IN ST. PETERSBURG'S PROPERTY

AT CYPRESS CREEK: St. Petersburg, subject to its agreement with

the Southwest Florida Water Management District (Exhibit A), shall

convey to the Authority by Special Warranty Deed, all of its

rights, titles and interest in land owned by the City in

Sections14, 23, and 24, all in Range 19 East, Township 23 South,

Pasco County, Florida, consisting of approximately 1271 acres,

more specifically described in Exhibit E, at the time the

Authority has made all payments due to St. Petersburg under this

contract.

5. RETAINED TITLE AND TIME OF POSSESSION: St. Petersburg

shall retain title to all interests described in paragraphs 2

through 4 until such time as the Authority has made full payment

under either paragraphs 14 or 16. The Authority shall have

possession and a right to use all of St. Petersburg's interests in

said property on December 1, 1976, subject to divestment as other-

wise provided for herein.

CONDITIONAL SALE AND/OR CONDITIONAL ASSIGNMENT

6. NOVEMBER 14, 1973, CYPRESS CREEK AGREEMENT:

St. Petersburg hereby assigns to the Authority all of its rights

under the contract attached hereto as Exhibit A, and Authority



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hereby accepts and agrees to perform said contract obligations

except as set out in paragraph 7.

(a) Such rights include, but are not

limited to, the right to excavate,

borrow or remove dirt from said

lands at a site or sites to be

approved by the District, in writing,

within a reasonable distance of the

well, pump and pumping station sites

and the roadway right-of-way for the

purpose of filling the same to a grade

above that of design flood elevation;

and

(b) The right to be indemnified and held

harmless from and against all claims,

demands, suits, or actions for bodily

injury or property damage arising out

of or resulting from District's opera-

tions in and about the Cypress Creek

Flood Detention Area, for which the Dis-

trict is legally liable.

7. St. Petersburg hereby delegates and the Authority here-

by assumes all of St. Petersburg's obligations and duties under the

contract attached hereto as Exhibit A, EXCEPT as to the following:

(a) The Authority shall not be liable to pay

St. Petersburg's portion of one-half of

the money expended by the District for

the land acquisition above the amount on

deposit.

(b) St. Petersburg retains its duty to con-

tribute to the development and construction

of the facilities until they are capable

of producing an average yield of 30 mgd.


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(c) St. Petersburg retains its duty to in-

demnify and hold harmless the District

from all claims, demands, suits or ac-

tions for bodily injury arising from

the operation in and about the Cypress

Creek Flood Detention Center, until

the Authority takes possession of

these facilities.

(d) St. Petersburg retains its duty to

contribute to the cost and expenses of

constructing the roadways for ingress

and egress to and from the permanent

well field facilities.

(e) St. Petersburg retains its duty to main-

tain the premises, all appurtenant struc-

tures and improvements in a neat, clean

and sanitary manner until the Authority

takes possession.

(f) St. Petersburg retains its duty to paint

and likewise keep, as near as practicable,

all of their installations and facilities

in a color, condition and manner as shall

be compatible with the use of such area by

the District as a natural wilderness, park

and recreational area, until the Authority

takes possession.

(g) St. Petersburg retains its duty to contribute

its proportionate share of the funds required

in construction and testing of the test wells

and construction of facilities until they are

capable of producing an average yield of 30mgd.

8. AUGUST 30, 1974, AGREEMENT FOR THE DEVELOPMENT AND

OPERATION OF CYPRESS CREEK: St. Petersburg hereby assigns to the


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Authority all of its rights under the contract attached hereto as,

Exhibit C, and Authority hereby accepts and agrees to perform said

contract obligations except as set out below:

(a) The Authority shall not be liable for

St. Petersburg's portion of the costs of land acquisition

except as provided under Paragraph 10;

(b) St. Petersburg retains its obligations to

contribute its portion of the costs for the construction

of the facilities until they are capable of producing

30 MGD;

(c) In the event Pasco does not wish to partici-

pate in the venture, St. Petersburg shall continue

to have the right to purchase one-half of Pasco's

unexercised interest in the joint venture.

9. RETAINED TITLE AND TIME OF POSSESSION: The Authority

shall have the contract rights and duties assigned to it in

Paragraph 5 (November 14, 1973, Cypress Creek Agreement), Paragraph 7

(August 30, 1974, Agreement for the Development and Operation

of Cypress Creek), on December 1, 1976, subject to divestment as

otherwise provided for herein.

II

PAYMENT

10. DETERMINATION OF AMOUNT DUE: Authority agrees to

buy and St. Petersburg agrees to sell at a price to be determined

by St. Petersburg total cost and expenditures plus interest for said

lands and the facilities thereon determined in the following manner:

(a) Within 150 days after the Authority takes

possession of the completed facilities, St. Petersburg

shall provide to the Authority certification of their

total expenditures plus interest for these facilities:

(b) This certification shall be reviewed by the

Authority's Certified Public Accountant;


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(c) St. Petersburg's compliance with this procedure

is a condition precedent to the Authority's duty to pay;

(d) In determining St. Petersburg's total expendi-

ture for the facilities described in Paragraphs 1 through

9 of this document, said expenditures shall include, but

not limited to, the costs of acquisition, engineering,

construction, and development of these facilities plus

interest.

11. METHOD OF PAYMENT: Payment by the Authority shall

consist of monthly installments of the total expenditures as

defined in Paragraph 10, plus interest to be determined on or before

October 1, 1978. Such monthly installments to be approximately

level debt service for a term of thirty (30) years. In the event

the parties hereto are unable to agree on St. Petersburg's total

expenditures and/or the interest rate, then in either of said events

this Agreement shall be null and void and of no force and effect

whatsoever.

12. TIME OF PAYMENT: The Authority's obligation to

pay these installments on a monthly basis shall commence on

October 1, 1978, but due to the billing cycle, said payment shall

not be due to be delivered to St. Petersburg until January 1, 1979,

and monthly thereafter.

13. EARLY PAYMENT: The Authority has the option at any

time of prepaying the principal amount due as determined in

Paragraph 10 by a lump sum payment of such amount due St. Petersburg.

However, if the Authority elects to use this option, it shall be

additionally liable for any other expenditures legally incurred by

St. Petersburg due to the exercise of this option, including, but

not limited to, any expenditures incurred by St. Petersburg under

the term of its bond agreements by reason of such an election.







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14. DEFAULT IN PAYMENT: The unpaid monthly install-

ment due St. Petersburg more than thirty (30) days will be charged

interest at the rate of one (1%) percent per month. Balance due

St. Petersburg longer than sixty (60) days will be a material

breach of this contract by the Authority.

15. LEASE OPTION AGREEMENT ON PIPELINE: St. Petersburg

as Lessor, in consideration of the rents, covenants, and agreements

hereinafter contained on the part of the Authority as Lessee, to be

paid and performed, hereby leases to the Lessee Authority, and

the Lessee hereby leases from Lessor St. Petersburg 50/130 of that

certain water transmission line known as the 84-inch transmission

line, as described in Exhibit D, for and during a term of thirty

(30) years, commencing on the first day of October, 1978, and

ending on the thirtieth day of September,2008, at twelve o'clock

midnight on that day, unless sooner terminated as hereinafter

provided. The Authority as Lessee shall have and hold said interests

in said pipelines hereby demised upon the following terms,

conditions and subject to the following covenants:

(a) Rent The Authority as Lessee agrees,

commencing on the first day of each and every

month during the term hereof, to pay to St. Petersburg

as Lessor a monthly rental in the manner specified

in paragraph 12 in an amount which shall be cal-

culated as follows:

Payment by the Authority shall consist of

monthly installments of its proportionate share

of the total cost of said pipelines in accordance

with the procedure in paragraph 10 plus interest

at a rate to be agreed to plus maintenance as here-

inafter set out. Such monthly rent to be approximately

level divided over a term of thirty (30) years.




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The Authority as Lessee hereby covenants,

during the term hereby granted, to pay St. Petersburg

as Lessor the rent due hereunder.

(b) Maintenance The Authority shall be responsible

for the maintenance costs of said water transmission line

during the term of this Lease.

(c) Use of Facilities Lessee shall equally

be entitled to use 40/130 of the 84-inch water transmission

line until January 1, 1985 and 50/130 thereafter during

the term of this Lease. City will be entitled to use

10/130 of the 84-inch water transmission line until January 1,

1985.

(d) Lessee's Right to Assign The Lessee shall

not have the right to assign this Lease or at any time during

the term of this Lease to sublet the leased transmission

lines, in whole or in part, without first obtaining the

written consent and approval of the Lessor, St. Petersburg.

(e) Default by Lessee It is mutually covenanted

and agreed by and between the parties hereto that if default

shall be made in the payment of rent or the Lessee shall

violate any of the terms, conditions or covenants of this

Lease, the Lessee shall immediately become a tenant at

suffrance, thereby waiving all right to notice, and the

Lessor shall be entitled to immediately declare, at the

Lessor's option, this Lease to be terminated, and the

Lessor shall be entitled to immediately re-enter and retake

possession of the portion of the leased transmission lines

hereby demised in accordance with the provisions of Paragraph

33(c). In addition to the above remedies provided and

reserved to the Lessor, the Lessee covenants and agrees that

there is hereby reserved unto the Lessor all or any further




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or additional remedies not inconsistent with the terms

of this Lease which may now or hereafter exist under and

by virtue of the laws of the State of Florida, or the

laws of the United States, or any other governmental state

or body having jurisdiction of the property, for the

failure to make payments or perform covenants in like

circumstances. It is mutually covenanted and agreed that

the various rights, powers, options, elections, appointments

and remedies of the Lessor contained in this Lease shall

be construed as cumulative, and no one of them as exclusive

of the other, or by law; and that no waiver or breach of

any of the covenants of this Lease shall be considered

to be a waiver of any succeeding breach of the same

covenants. It is further covenanted and agreed that if

the Lessor is compelled to incur any expense, in instituting

and prosecuting any proceedings of any nature by reason of

any default of the Lessee hereunder, the sum or sums so paid

incurred by the Lessor, and all interest, costs and damages,

shall be deemed to be additional rent hereunder, and shall

be due from the Lessee to Lessor on the first day of the

month following the incurring of such respective expenses,

and the Lessee covenants and agrees to pay the same.

(f) Severability If a clause or provision herein

contained should be adjudged invalid, the same shall not

affect the validity of any other clause or provision of

this Lease, or constitute any cause of action in favor of

either party as against the other.


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(g) St. Petersburg Contract Assumption Should the

Lessee consummate any valid and binding contract to

supply water to any other member of the West Coast

Regional Water Authority during the term of this Lease

and prior to any default hereunder, the Lessor hereby

agrees to assume and honor any and all of such contracts

and commitments for the utilization of a portion of the

leased water transmission lines upon payment by the

contracting party to St. Petersburg of its proportionate

part of the cost of said lines in the same manner has herein

set out for the Authority. St. Petersburg's obligation

under such contract shall be strictly limited to the use

or utilization of said pipelines and shall not be con-

strued to assume any other obligations of the Authority

under such contracts.

(h) Pinellas County Agreement This Lease is

contingent upon Pinellas County agreeing to lease or

otherwise transfer to the Authority all of its interest in

said water transmission lines, thereby placing the

Authority in control as Lessee of all of said lines

subject to paragraph 15(c)of this agreement and similar

paragraphs in Pinellas County's Transfer Agreement.

(i) Option to Purchase After October 1, 2008,

Lessee Authority is hereby given the option to purchase

the above-described leased interest of the above-described

water Transmission line for the sum of one dollar ($1.00),

provided the Authority is current in its payments and not

in default.

CONDITIONS TO EFFECTIVENESS

16. CONSENT OF PINELLAS COUNTY: As a condition precedent

to this Agreement, the Authority shall obtain the written consent

and approval of Pinellas County a political subdivision of the State

of Florida, to the transfer of City's interests in Cypress Creek

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facilities as provided in this Agreement. In the event the

Authority shall not obtain such approval and consent within ninety

(90) days from the execution of this Agreement, then this contract

shall be rendered null and void and of no effect, at St. Petersburg's

option.

17. ACQUISITION OF WATER SUPPLIES BASED UPON "WATER CROP":

This contract does not recognize any value for "water rights" which

might be purchased by the Authority from St. Petersburg. If the

Authority obtains future water supplies based upon the purchase of

"water crop" or "water rights" or portions thereof, Authority

shall pay St. Petersburg in addition to the rents provided in this

contract for such crop or rights based upon that purchase price an

equal proportionate amount as applied to all the City's land

interests transferred in this contract. The sum shall be a lump-

sum payable within two (2) years of the water crop purchase.

18. ASSIGNMENT OF CYPRESS CREEK DEVELOPMENT AND

OPERATION AGREEMENT AND CANCELLATION OF MANAGEMENT BOARD: As a

condition of this Agreement, the Authority shall obtain within

sixty (60) days of the execution of this Agreement a complete

assignment of all of the Pinellas County's and Pasco County's interests

in the Agreement for Development and Operation of the Cypress Creek

Wellfield dated August 30, 1974, together with a complete written

cancellation of the Management Board and all its powers, duties and

responsibilities. Failure to obtain such assignment and cancellation

shall render this Agreement null and void and of no effect.

19. COVENANT TO OBTAIN PERMITS: The Authority shall

obtain all permits and facilities necessary to operate the Cypress

Creek facilities at no less than 30 mgd on an average annual basis

and not less than 30 mgd on any one day by October 1, 1979. In

the interim between the time the facilities are turned over to

the Authority and October 1, 1978, the Authority shall at all

times operate and make maximum use of the facilities. During

said time the Authority shall allocate for the benefit of


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and sell to St. Petersburg at prices determined by the formula

in Paragraph 24, a proportionate share of ground water in the ratio

as St. Petersburg has contributed to the total development cost of

the Cypress Creek facilities.

20. EFFECT ON ST. PETERSBURG BONDHOLDERS: This Agreement

shall not affect the rights and obligations of the holders of any

of St. Petersburg's bonds.

In the event any action is brought by anyone claiming a

breach of St. Petersburg's bond covenants and a court of competent

jurisdiction shall declare that this Agreement has violated any of

the covenants or provisions of said bonds, then upon the rendering

of a final decision in such litigation, unless cured by the Authority

this Agreement shall be rendered null and void and of no effect

and the provisions in Paragraph 33(c) of this Agreement requiring

immediate transfer of all rights, obligations and assets from the

Authority agrees to save and hold St. Petersburg harmless for all

costs, expenses, attorney's fees and damages whatsoever which St.

Petersburg shall be requiring to pay arising out of such action.

21. DISSOLUTION OR CHANGE OF MEMBERSHIP: In the event of

the Authority's dissolution or change of the Authority's voting

membership, at St. Petersburg's option, the Authority shall convey

to St. Petersburg all rights, titles and interest to all assets

and contract rights sold, transferred or assigned to the Authority

under this Agreement. The procedure established in Paragraph 33(c)

shall be followed in transferring said assets from the Authority

to St. Petersburg.

WATER CONSUMPTION AGREEMENT

22. TERM OF WATER CONSUMPTION AGREEMENT: St. Petersburg

shall purchase 10 mgd of production from the Authority on an annual

average from October 1, 1978, to October 1, 2008, from the facilities.


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(a) This covenant to purchase is reduced

by one-half of the amount sold to parties other

than Pinellas County as long as the total purchased

by all parties is at lease 30 mgd.

(b) This minimum purchase shall be computed

on an annual basis at the end of each fiscal year.

23. EXCESS WATER RIGHTS: St. Petersburg shall have the

absolute right to purchase water from the Authority not being used

by other customers at its option.

24. DETERMINATION OF PAYMENT FOR WATER PURCHASED BY

ST. PETERSBURG: St. Petersburg shall pay for water supplied by

the Authority according to the following rate:

(a) RATE = A + B + C
Q

(b) A = The annual installment payment paid by

the Authority for the interest of all parties in the

facilities described in Paragraphs 1 through 9 and 15.

B = Annual operating costs (excluding capital

items which have an expected life of more than seven (7)

years) for the Cypress Creek facilities as determined by

the official budget of the Authority. Rate to include

administrative costs allocated to operate the Cypress Creek

Wellfield not to exceed 25% of the administrative cost in

the annual budget.

C = Improvement and replacement costs of the

facilities including the 84" transmission main described

in Exhibits D, for which expenditures are within the

approved budget for the current fiscal year.

Q = Estimated annual quantity of water to be

produced.



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(c) As to the use of the 84" pipeline described

in Exhibit D, the use of any portions of such pipelines

shall be charged at the rate based upon the use of the

entire length of the pipeline.

(d) The Authority may revise the rates from time

to time during the fiscal year when such revisions are

required to meet expenses.

(e) Depreciation shall not be included in the

determination of the rate.

25. CONDITIONS PRECEDENT TO PAYMENT: The following are

conditions precent to St. Petersburg's duty to pay:

(a) The Authority shall perform an annual audit,

specifically identifying all costs included in water

rates to St. Petersburg described in Paragraph 24.

(b) The Authority shall not sell water at and

from the facilities to any party at a lower rate

than charged St. Petersburg without the City's written

approval; however, rates to others will not include the

84-inch transmission main described in Exhibit D if

no portion is being used.

26. METHOD OF PAYMENT: St. Petersburg's payment shall

be on a monthly basis.

27. TIME OF PAYMENT: The Authority shall present St.

Petersburg a monthly bill based upon its water consumption.

St. Petersburg shall have thirty (30) days from the receipt of

said bill to make payment.

28. DEFAULT IN PAYMENT: Unpaid balance due the Authority

more than thirty (30) days will be charged interest at the rate

of one (1%) percent per month. Balance due the Authority longer

than sixty (60) days shall be a material breach of this Agreement

by St. Petersburg, but shall not give to St. Petersburg any

rights contained in Paragraph 33(c).


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29. COMMITMENT AGREEMENT: The Authority hereby covenants

and agrees that upon the purchase of the facilities, assets

and properties as contemplated by this Agreement, at the end of

thirty (30) years or less, should the Authority accelerate such

purchase, it shall in perpetuity:

(a) At all times act in the utmost good faith

to procure and sell water to St. Petersburg at the

lowest reasonable rates available under existing conditions;

(b) Exclusively reserve to St. Petersburg the

amount of water supply it has purchased from the Authority

in the past and upon which the health, safety and wel-

fare of the people of St. Petersburg have come to

depend; and

(c) Commit and set aside to St. Petersburg the

percentage of its daily and annual production equivalent

to the percentage of St. Petersburg's investment in

the total cost of the facilities and in the 84" transmission

line in accordance with the rate in Paragraph 24 in

perpetuity.

30. ALTERNATIVE EVALUATION: The Authority agrees

that in the event of any future development by the Authority

to supply water to meet St. Petersburg's needs, that when

determining the economic cost of the various alternatives, it

will include but not be limited to, the cost of the facilities

and the 84-inch transmission main more specifically described

in Exhibit D.

31. EFFECT OF AUTHORITY'S FAILURE TO COMPLY: The

Authority's failure to comply with any or all of its obligations

under this Agreement shall constitute a material breach of

this Agreement.

32. NO ASSIGNMENT: The Authority shall not sell,

assign, lease or otherwise alienate any properties or contract

rights it has received from St. Petersburg under this Agreement

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without the prior written consent of St. Petersburg. It is the

intent of the parties that the Authority be absolutely prohibited

from any such alienation without approval of St. Petersburg due

to St. Petersburg's economic interest in the property and its

dependence upon the water supply obtained from such assets.

33. DEFINITIONS:

(a) FACILITIES: As used herein, this term shall

mean any wells, pumping stations, treatment plants,

transmission lines or other equipment used for the

production and transmission of water from the Cypress

Creek Well Field described in Exhibit A. This term

shall not include the 84-inch transmission main more

specifically described in Exhibit D.

(b) GROUNDWATER RIGHTS: As used herein, this

term shall mean the sole, exclusive and permanent right

to take, appropriate and use as a supply for a water

distribution system the ground, underground or sub-

terranean waters in and from the land in which such

rights are granted.

(c) MATERIAL BREACH: As used herein, this term

has the effect of:

(1) Revoking this entire Agreement

and requiring the Authority to immediately

transfer all right, title or interest it may

have in all of the assets or contractual rights

acquired under this Agreement;

(2) Revoking all assumed contractual rights,

rights to use or possession, rights of operation

of facilities and all obligations or duties between

the parties, except for compliance under Paragraph

33(c) of this Agreement;

(3) Requiring the Authority to immediately

execute any.and all documents necessary to the transfer


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of all rights and property from the

Authority to St. Petersburg.

(4) Requiring immediate possession,

management, control and use of all facilities,

assets, and contract rights by St. Petersburg

even in the event there is a dispute over

whether there has been a material breach and

litigation is pending.

(d) INTEREST: The term interest when used in

this contract shall mean the actual rate of interest paid

by the government for the money used to build or acquire

the facilities or 84" line transferred. When the money

expended was not borrowed interest shall be assessed at

the average of all money borrowed to build or acquire the

facilities or 84" line.

(e) POSSESSION: As used herein, this term shall

mean the taking of operational responsibilities of the

facilities by the Authority. This shall only occur after

the items have been certified as completed.

34. THIS AGREEMENT constitutes the entire Agreement between

the parties hereto, and any change, supplement, modification, or

correction of, or addendum to, this AGREEMENT must be in writing

and signed by the parties hereto.

It is further covenanted and agreed that if St. Petersburg

is compelled to incur any expenses in instituting and prosecuting

any proceedings of any nature by reason of any material breach of

the Authority hereunder, the sum or sums so paid or incurred by St.

Petersburg and all interest, costs and damages, shall be due from

the Authority to St. Petersburg.



-19-




-- .










IN WITNESS WHEREOF, the parties hereto have executed


this AGREEMENT the day and year first above written.

SIGNED, SEALED AND DELIVERED
in the Presence of:
WEST COAST REGIONAL WATER SUPPLY
AUTHORITY


4-


CITY OF ST. PETERSBURG
I'-.^


I -~ \jL -'-


ATTEST:
acting Cl f City C u cil


STATE OF FLORIDA

COUNTY OF PINELLAS


)
) ss.
)


BEFORE ME, the undersigned authority, personally appeared
JOHN T. MAXWELL, Assistant City Manager, and BEVERLY McDONNELL,
Acting Clerk of the City Council, who being first duly sworn,
executed the foregoing Agreement and who deposed and said that the
information contained therein is true and correct to the best of
their knowledge and belief.


1976.


NOTARY PUBLIC / /,i

Sworn to and subscribed before me this day of Novemder, '

Notary Public, Stats of Florida at Large '
My commission expires: _y Commission Expires JAN, 1 1979.
.. ;rivl 3\ :,, "


;: .,.h,~-~~E~e~i


/LV^-y"L^ a


nl2~Lc,













































CYPRESS CREEK
AGREEMENT

(non-operational)






























EXHIBIT "A"


_









CYPRESS CREEK AGREEMENT

THIS AGREEMENT, Made and entered into this J 4 day of

U. _61973, between SOUTHWEST FLORIDA WATER MANAGEMENT

DISTRICT, a public corporation of the State of Florida, and

HILLSBOROUGH RIVER BASIN, a subdivision of the Southwest Florida

Water Management District, hereinafter collectively referred

to as "District," PINELLAS COUNTY, a political subdivision of

the State of Florida, hereinafter referred to as "Pinellas,"

PASCO COUNTY, a political subdivision of the State of Florida,

hereinafter referred to as "Pasco," and CITY OF ST. PETERSBURG,

a municipal corporation, hereinafter referred to as "City,"

WITNESSETH:

WHEREAS, Southwest Florida Water Management District is a

public corporation created under Chapter 61-691, Laws of Florida

1961, as amended; and

WHEREAS, Hillsborough River Basin is a subdivision of the

Southwest Florida Water Management District, as provided under

Chapter 61-691, Laws of Florida 1961, as amended; and

WHEREAS, Pinellas is a body politic; and

WHEREAS, Pasco is a body politic; and

WHEREAS, City is a municipal corporation; and

WHEREAS, the District is acquiring and will acquire certain

property in Pasco County, Florida for use as a flood detention

reservoir known as the Cypress Creek Flood Detention Area, herein-

after referred to as "Cypress Creek," which lands are adjacent to,

and drained by, Cypress Creek which ultimately flows into the

Hillsborough River in Hillsborough County, Florida; and

WHEREAS, Pinellas and City get their fresh water supplies

from certain well fields and said supplies furnished by said well

fields are inadequate to meet the needs of the potable water syste-
of Pinellas and City, and it is necessary that Pinellas and City

augment such supplies; and











* .,-. ...... ..... ..._ f. ,- ,-,, -. v-^-- .,-..- j- .. ...- .--- -- ... "'-





o f( C (.
WHI :.K1"A:; l',d::co, lff',ni:;,.' ol" i t ; r.t.ip l 1i d ,;(. h, rx 'e( ::

l.o pric-pare for it!; future ncu(--r, of pot.able.) w-atr t;uppl .i c :;,

in order that there will not be a shortage of water in its

rapidly developing areas; and

WHEREAS, the District has not as yet formulated a plan for

allocation, as provided for in Chapter 373, Florida Statutes, and,

therefore, the District cannot make any allocations of groundwater

to any user at this time; and

WHEREAS, Pinellas and City, for the purpose of supple-

menting their supply of potable water, and Pasco, for the

purpose of facilitating the development of its potable water

system, desire to construct, maintain and operate a number

of test wells upon the aforesaid lands of the District for such

periods of time as will be reasonably necessary, expedient or

desirable to determine whether the quantity and quality of water

available in and from such area is such as to make it econ-

omically feasible for Pinellas, Pasco and City to finance,

construct, maintain and operate upon such lands a permanent

well field consisting of production wells, collector mains,

pumping stations, treatment plant, transmission lines and access

roadways; and

WHEREAS, if it shall be determined by Pinellas, Pasco and

City that such permanent well field is economically feasible,

Pinellas, Pasco and City desire to acquire the permanent rights

and interests hereinafter mentioned in the above described

lands of the District for such purposes; and

WHEREAS, even though the District is in the process of

acquiring the lands within the Cypress Creek Flood Detention

Area, it is unable, at this time, to complete the acquisition

of all of the necessary lands, and it may be several years

before acquisition can be fully accomplished; and

WHEREAS, it is for the benefit of the citizens and taxpayers

of the State of Florida that a cooperative effort be made by the

parties hereto to immediately acquire by purchase, gift or con-

denination the lands; described in Exhibit A, attached heretLo andcl

made a pa-rl: hereof, at the earliest possible date; and.-.-

WIIHEI'IAS, attach6d 1ler0eto and i.ide a part 1irxeof .:n L>:Il Iii.I. 11




( Ca ( Ai





is the legal description of certain real property within adjacent and

Immediately contiguous to the lands described in Exhibit A, attached

hereto, which the City has purchased for the purpose of a fresh

water well field, and the parties hereto desire the said lands des-

cribed in said Exhibit B shall be made a part of this agreement and

WHEREAS, Pinellas, Pasco, City and District have entered into

this agreement to make the most efficient use of their powers by

enabling them to cooperate on a basis of mutual advantage and

thereby to provide services and facilities in a manner of, and

pursuant to, forms of governmental organization that will accord

best with geographic, economic, population and other factors

influencing the needs in the development of the local communities;

WHEREAS, Pinellas, Pasco, City and.District believe that it

is for the best interest of the public that they serve to

develop a well field in the Cypress Creek Flood Detention Area;

NOW, THEREFORE, in consideration of the mutual covenants and

conditions herein contained and for other good and valuable con-

siderations, the parties hereto agree as follows:

1. The parties agree that the lands described in Exhibit A,

attached hereto, shall be immediately acquired and used for the

following multi-purposes, to-wit:

(a) Flood Control and water storage area;

(b) Fresh water well field;

(c) Wildlife refuge;

(d) Outdoor recreation and open space.

.' These lands shall not be used for any other purposes without the

written consent of all parties.

2. In order to achieve maximum utilization of the lands, tha

parties agree to proceed in phases to bring about the multi-purposes

set forth in paragraph 1. above. At this time, it is desirable

to proceed with three phases that can be generally described as

follows:

Phase I Land acquisition;

Pha ;e 2 Construct. ion of Lest wells; and testing of !;;aIe;

P)iiae 3 ConutLruction and operation of well field. '
~. ; '-.,:. ,-




11-7-73 #1




3. Phase 3. L;ind Acclui;i i on.

Sa) Land acquisition costs shall be paid 50% by the

District and 50% by Pinellas, Pasco and City, apportioned one-third


b) The District shall have the lands described in Exhibit A,

attached hereto, appraised, and then notify Pinellas, Pasco and City,

in writing, of the full acquisition'costs of the land, including but

not limited to land values, appraisers' fees, attorneys' fees, and

landowners' appraisals and attorneys' fees, and the amount of funds tha=

the District has available to commence the acquisition of said lands,

and then Pinellas, Pasco and City shall deposit with the District, with

in 90 days of said notification, their share of said funds equal to

the amount available by the District for said land acquisition.

Said funds to be deposited in accounts of the District in banks autho-

rized under the laws of the State of Florida and to draw the maximum

amount of interest; such interest shall be credited to Pinellas, Pasco

and City in their respective proportionate shares.

c) Within 30 days the District shall prepare and distribute

to the parties a land acquisition schedule, together with supporting

documents and with a status report of condemnation suits currently

pending. Such schedule shall include a time table.giving estimates

of the amounts and dates funds will be needed to complete phase 1.

d) Immediately upon the deposit of said funds by Pinellas,

Pasco and City, District shall proceed to acquire all of the lands

that it is able to with the amount of funds it has available

through the District, Pinellas, Pasco and City. The title to said

lands shall be acquired in fee simple, free and clear of all liens

and encumbrances except taxes for the current year, and shall be

placed in the name of the District for the benefit of District,

Pinellas, Pasco and City pursuant to the terms of this agreement.

c) All costs of land acquisition shall be in accordance

with normal and usual procedures and costs incurred by the District

in its acquisition of lands, and said costs shall be reasonable.

All information as to the cost of acquisition of lands shall be

mTLde avCilbdc, upon request, at thle l)i :;LicL' s office in Ilrooks-




( 0 ( 0
Vl].', F1- Juid.i At ;iny tHime that th Di:;t'rict. ex,',id.; money. fbr

land acquisition over the amounts; on dcpos:it, a; provided above,

it :;ha-.l notify Pincllas, Pasco and City to deposit their pro rata

share of the additional funds with the District within 90 days.
Upon completion of said land acquisition, the District shall give

a complete accounting of the land acquisition costs to Pinellas,

Pasco and City, in writing, and shall certify the same to be true

and correct.

f) Pinellas, Pasco and City shall cooperate with the

District and agree to join the district as co-petitioners in .eminent

domain proceedings in connection with acquisition of said lands.

9g) The City is the owner of the lands described in

Exhibit B, attached hereto, a portion of said lands being within the

lands described in Exhibit A and a portion being adjacentand imrmed-

iately contiguous thereto. The parties hereto agree that the City is

to be compensated for the costs of acquiring the lands described in

Exhibit B, and said costs are to be substantiated and/or certified by

the City to be correct. After said costs have been substantiated,

as hereinbefore provided, the moneys 'paid thereunder by the City

are to be credited against the moneys that the City is required

to contribute under the provisions of this agreement. Said lands

described in Exhibit B will become a part of the District's

Cypress Creek Flood Detention Area, and the title thereto will

be conveyed by the City to the District, free and clear of

all liens and encumbrances, at the same time that the District

grants the permanent easement and groundwater rights to the City,

Pinellas and Pasco, as provided in paragraph 5(b) hereof; provided,

however, that if the Cypress Creek Flood Detention Area is not

developed into .a productive well field, as provided for herein,

on or before January 1 1975, then the City's lands, as described

in Exhibit B, shall automatically revert to the City, and, upon

written request, the District shall immediately convey said

lands described in Exhibit B to the City, free and clear of

all liens and encumlbrances.

4. Pha:.s 2 Conrtruct.ion lof 'rsrt: e.ll, ;and Tentincl of Some.

a) During the acquisition of lands;, Pinellans, Panco and Ci;t



_____ "* ". ...- -^.
-5 .~~.. ". ,": 4











shall have their consulting engineer, and their staffs and planners

design and supervise a test program to determine the quality and

the estimated quantity of water available. The test program

shall include, but not be limited to, constructing test wells,

conducting pumping tests and laying out the facilities in such a

manner as to make it economically and hydrologically feasible for

Pinellas, Pasco and City to finance, construct, maintain and operate

upon such lands a permanent well field. All test programs, test

wells, pumping tests and laying out of facilities shall be at the

expense of Pinellas, Pasco and City. Due consideration shall be

given to the multi-purposes in preparing said plan. The firm of con-

sulting engineers, hydrologists and planners chosen by Pinellas, Pasco

and City shall be experienced in the field of hydrology and fresh watei

well field designing and construction, and prior to the implemen-

tation of the plan for the construction of wells for the.operation

of the pumping tests, the same shall be submitted to the District

for written approval, and said written approval or suggested modi-

fication of the plan shall be given to Pinellas, Pasco and City

by the District within 20 days of receiving the proposed plan of

construction and testing from Pinellas, Pasco and City.

5. Phase 3 Construction and Operation of Well Field.

a) In the event Pinellas, Pasco and City, from the study

analysis and projection of the.test well operation records, costs,

arid engineering, construction and financial consideration, shall

determine that a permanent well field upon the said lands shall

not be economically and hydrologically feasible, then Pinellas, Pasco

anc City shall notify the District of such determination, in

writing, on or before January 1, 1975, and this agreement shall in

that event terminate as to Pinellas, Pasco and City and be of no

further force and effect, except that Pinellas, Pasco and City shall.

have a reasonable time in which to remove their test well installation

provided, however, that any and all test wells left in place shall

be capped or plugged, at the expen:e; of Pinellas, Pasco and City,



.. .. -..




( j ( O 0-


*upon written in:;Lructions from the District., as to whlet.her tith

said wells should be capped or plugged.

b) In the event Pincllas, Pasco and City shall determine

that it shall be economically and hydrologically feasible to

finance, construct, maintain and operate a permanent well field

upon such lands, it shall notify the District, in writing, of

such determination, and Pinellas, Pasco and City shall, at their

own cost and expense, survey, or cause to be surveyed, permanent well

sites and pumping station sites, permanent collector and trans-

mission mains, a treatment plant site, roadways and power line ease-

ments, the location and route of which shall be subject to approval,

in writing, by the District which shall not be unreasonably with-

held. Pinellas, Pasco and City shall prepare, or cause to be

prepared, appropriate legal descriptions of such sites and easements.

Upon completion of such surveys and the preparation of

such legal descriptions, the District shall, by good and sufficient

conveyance, deed, grant and convey to Pinellas, Pasco and City, free

and clear of all encumbrances, the groundwater rights in and to

the aforesaid lands of the District, together with the perpetual

easements and permanent rights of way for the construction, re-

construction, maintenance, repair, use and operation of production

wells, pumps, collector mains, pumping stations, transmission

mains, roadways and power lines in, over, through and across the

lands described in the legal descriptions to be prepared by

Pinellas, Pasco and City, as heretofore provided. Pinellas, Pasco.

and City shall divide the total amount of ground water to be re-

moved :from the well field proportionately in the same ratio as

each has contributed to the total development cost of said well field.

Development costs shall be apportioned one third each to Pinellas,

Pasco and City; provided, however, that Pinellas, Pasco ..:id City

agree that they will sell up to 20% of the water produced from said

well field in excess of 50 million gallons per day (ingd) to whatever

governmcn ttil entity that their District shall desrignato, in writing,






-7- .









)*




provided said designee shall pay the cost thereof as defined in

Exhibit C, attached hereto, on a gallonage basis. All water production

facilities will be operated by Pinellas, Pasco and the City with produc-

tion costs apportioned on a unit consumed basis.

c) The District, having acquired the lands herein

affected for use as a flood retention and conservation area,

shall have the right to flood said area for such purpose; and

Pinellas, Pasco and City shall have the right to excavate, borrow

or remove dirt from said lands at a site or sites to be approved

by the District, in writing, within a reasonable distance of the

well, pump and pumping station sites and the roadway rights of

way for the purpose of filling the same to a grade above that

of the design flood elevation, provided that adequate roadway

drainage, as approved by the District, shall be provided by

Pinellas, Pasco and City.

d) Pinellas, Pasco and City shall indemnify and hold

harmless the District of, from and against all claims, demands,

suits or actions for bodily injury or property damage arising out

of, or resulting from, Pinellas', Pasco's and City's operations in

and about the Cypress Creek Flood Detention Area. The District

shall indemnify and hold harmless Pinellas, Pasco and City of,

from and against all claims, demands, suits, or actions .for bodily

injury or property damage arising out of, or resulting from,

District's operations in and about the Cypress::Creek Flood De-

tention Area, for which the District is legally liable.

e) Pinellas, Pasco and City shall, at their own cost and ex-

pense, construct and maintain roadways for ingress and egress

to and from such test wells and to such permanent well field

facilities until such time as the District shall open said above

Cypress Creek Flood Detention Area to the general public and there-

after the District shall take over the maintenance of such rooadway--;



.. .... '- ... "











f) Pinellas, Pasco and City shall at all times keep the test

wells and the permanent production well field open to inspection

by authorized personnel of the District, and Pinellas, Pasco and City

when requested by the District, shall make said test and permanent

well production records available to the District for inspection

or copying for use in its continuous study of surface and ground

water intercorrelation.

g) Pinellas, Pasco and City shall use the premises and all

rights, privileges and easements herein granted to the extent

needed to carry out the true intent and purposes of this agreement

and for no other purposes; Pinellas, Pasco and City shall maintain

the premises and all appurtenant structures and improvements in a

neat, clean and sanitary manner and condition; and Pinellas, Pasco anc

City shall paint and otherwise keep, as near as practicable, all

of their installations and facilities in a color, condition and

manner as shall be compatible and harmonious with the use of such

area by the District as a natural wilderness, park and recreational

area.

h) Pinellas, Pasco and City do hereby declare their intent

to develop and use the Cypress Creek area for the next stage of

their additional water supply program, provided there is suffi-

cient water of the quantity and quality to meet their needs in

an economically feasible manner. If there is sufficient water of

the quantity and quality to produce a minimum of 45 mgd in an eco-

;.,nomically feasible manner, then Pinellas, Pasco and City shall defer

the development of any other water sources within Pasco County.

This paragraph (h) shall not preclude the construction of addi-

tional wells where consent for such construction shall have been

obtained from the District and from adjacent and affected land

owners. This construction shall be subject to permit and requ-

lation by the District.





_,__. _:..;.; ---._.::iS





o


0


I




i) The production well sites shall be approximately 50 feet

by 50 feet each, and the pumping station sites shall consist of

approximately two acres each, one treatment plant site not to exceed

30 acres. The transmission main easements shall be such as shall

*carry out the present plans of Pinellas, Pasco and City, namely

that the water will be pumped to the main transmission lines via

a treatment plant or facility directly into the distribution

system of Pinellas', Pasco's and City's water systems.

"j) Pinellas, Pasco and City shall not assign this agreement

or any of their rights or privileges hereunder without first ob-
taining the written consent of the District which consent

shall not be unreasonably withheld. Upon the establish-
ment by the legislature of a regional water supply authority or

the delegation to an existing governmental entity the primary

responsibility for providing a regional water supply for an area

which includes Pinellas, Hillsborough and Pasco Counties, the parties

hereto agree that Pinellas, Pasco and City shall, upon request of

such authority or entity, transfer their rights and privileges here-

under and they shall receive full compensation from the said regional

water supply authority for the costs that they contributed to land

acquisition, as well as the costs for engineering, testing and perm-

anent construction provided for herein.

k) As used herein and in the conveyances herein provided

for, the term "recreational rights" shall mean the sole, exclusive

and permanent right to use and control the lands in which such

rights are granted for public recreational purposes; the term

"flood rights" shall mean the permanent right to flood the lands

in which such rights are granted for the purposes of the District;

and the term "groundwater right-s" shall mean the sole, exclusive

and permanent right to ta):e, appropriated aind u;e as a supply for

A v.later disUtribuLion s:.ystem the ground, underground or subter-


.9,"









rancan water; in and from the land in which such riOhlts are granted.

1) In the event Pincllas, Pasco and City shall, at any

time in the future, abandon the permanent well field, if constructed,

Pinellas, Pasco and City shall notify the District of such determi-

nation, and thereafter, Pinellas, Pasco and City shall have the right

to remove any and all parts of their installations upon the prop-

erty of the District; provided, however, that such installations

or parts thereof shall be removed by Pinellas, Pasco and City within

a reasonable time and Pinellas, Pasco and City shall cap, or cause

to be capped, all wells left in place, or plugged at the expense of

Pinellas, Pasco and City upon the determination by the District that

the wells must be plugged instead of capped.

m) In the event Pinellas, Pasco and City shall determine

that Cypress Creek is not suitable for development as a well field,

or shall abandon the permanent well field, if constructed, Pinellas,

Pasco and City shall be entitled to be repaid, without interest,

by the District, for all actual costs paid by P'inellas, Pasco and

City to District in connection with Phase 1. Such repayment shall
be made from any moneys available, or becoming available to the

Hillsborough River Basin Board for Cypress Creek water storage land

acquisition purposes.

n) The parties further agree that nothing contained

herein shall estop or in any way prevent the District from further

regulation of the withdrawal of water from the aforementioned well

field, as the District is authorized and directed to do under and

pursuant to the laws of the State of Florida, and provided, further,

that notwithstanding any of the provisions contained herein, the

withdrawal of water from the aforementioned well field shall, at all

times, be subject to the applicable laws of the State of Florida

concerning consumption, appropriation, and regulation

of water, as provided in the laws of the State of Florida and the

applicable rules and regulations of the District that are in effect

at the time of the execution of this aOrecmcnt or an amended by



.. .... .







the St. a;e of .']orida or the DijLtrict under the C(:n::t.ituLtion .,,idl

the law:; of the Sltatre of 1l.orida.

6. Pinellas, Pasco and City shall each contribute one-third

of the funds required to meet the needs prescribed in Phases 1., 2

and 3. Failure to contribute any funds when required shall -re:ult

in a partial default. Upon such default the interests of tlic: pr'.ti:.s

shall be re-divided proportionately in the same ratio as each ha;i con-

tributed to the combined costs of Phases 1, 2 and 3.

7. Pinellas, Pasco and City agree to negotiate and execute a

separate agreement setting forth the manner in which Phases 2 and

3 will be handled and the methods by which decisions by the parties

will be made, supervised and administered and the inter-relationships

between the parties.

7A. All parties agree to cooperate with each other in all re-

spects necessary to carry out the terms of this Agreement as expedit-

iously as possible.

8. Hillsborough River Basin Board hereby affirms that, at a

duly constituted meeting of its Basin Board on the Z-S day of

(~ 3r.d... 1973, it approved the terms of this agree-

ment and the execution thereof.

9. The Southwest Florida Water Management District hereby

affirms that, at a duly constituted meeting of its Board of Governors

on the .9 day of _"'_I;_____ -1973, it approved the terms

of this agreement and the execution thereof.

10. Pinellas hereby affirms that, at a duly constituted

meeting of the Board of County Commissioners on the day of

SG (ldL (l 1973, it approved the terms of this

agreement and the execution thereof by Pinellas.

:.1. Pasco hereby affirms that, at a duly constituted

meeting of the Board od County Commissioners on the / day of

//7" *1 L(- /1Z 7 1973, it approved the terms of this
agreement and the execution thereof by Pasco.

12. City hereby affirms that, at a duly constituted meeting

of the City Council on the /-t day of / 1973,

it approved thn teorm.s of t0h.i:; agrtleemenCnt and thlc excution tot-l :erolC

by City.





f


13. Thi:; .jriiinnt con;l.itut.e; the entire agreement bt -wren

tho -partic::; hereto, and any change, suppleccit., modifications or

correction of, or addendum to, this agrccic'nt must be in writing

and signed by the parties hereto.

IN'WITNESS WHEREOF, the parties hereto have executed this

agreement the day and year first above written.


Signed, scale nd delivered
in th resecef: SOUTHWEST FLORIDA WATER
1MANAGEiMENT DISTRICT

yf / By jP ..t. -VC__' __


Chairman

AttestSecretary
Secretary


As to Hillsborough River
Basin


SR$VER BASIN


chairmann Ex-Officio


Secretary


Chairman, Board of '
C unty Commissioners

Atte .: "Q S


PASCO COUNTY. /

BY // N ]/nJ f,
Chairman, Board of
Co ty C mission rs

Attest 00 (L
Clerk 6doSfc Circuit Court


S '- ,- ',

As to Pascb


to c







A"s-'to cit-y "


Attest
4 (C7 rty -e-ir k
pTC1Z1/ ffr4- L A f/f i rC ui.Y??n


_ ______


-- ; ~s~f~


1)
,tl






CYr1;I')S CRIE.K
FLOOD DiI I.II I ON AREA

September 26, 1973

Frbm a point on the northwesterly right of way line of S.R. 54, at its
intersection with the easterly boundary of SECTIONI 15, TOIW.lSHIP 26 SOUTH,
RANGE 19 EAST, Pasco County, Florida, the POINT OF BEGI;FU!IIG;

Run thence northerly, along said section line, to the NE corner of said
Section 15;

Thence westerly, along the northerly boundary of said Section 15,
to the NW corner of the NE 4 of the NE 4 of said Section 15;

Thence northerly to the NW corner of the SE of the SE 1 of Section
10, Township 26 South, Range 19 East;

Thence westerly to the NW corner of the SW of the SE of said
Section 10;

Thence northerly, along the centerlines of said Section 10 and
SSection 3, Township 26 South, Range 19 East, to a point on the southerly
boundary of Section 34, Township 25 South, Range 19 East;

Thence westerly, along the southerly boundary of said Section
34, to the SW corner of the SE of said Section 34;

.Thence northerly to the NW' corner of the SW of the SE of said
Section 34;

Thence easterly to. the NE corner of said SW of the SE 1;

Thence northerly to the NW corner of the NE 4 of the NE 4 of said
Section 34;

Thence northerly to the NW- corner of the SE k of the SE of said
Section 27;

Thence easterly to the NE corner of the SE 4 of the SE of said
Section 27;

Thence northerly, along the easterly boundary of said Section 27 and
Section 22, Township 25 South, Range 19 East, to the NE corner of the SE
of said Section 22;.

Thence easterly to the SE corner of the N iW 1 of Section 23, Tow.nship
25 South, Range 19 East;

Thence northerly, along the centerlines of said Section 23 and
Section 14, Township 25 South, Range 19 East, to NE corner of the SE
of the SW of said Section 14;

Thence westerly to the NW corner of said SE 4 of the SW ;

Thence northerly to the NE corner of the SW k of the NW H of said
Section 14;

Thence easterly to the SE corner of the NE of the NW of said
Section 14;

Thence northerly to the INE corner of the NW 1' of said Section 14;

Thence westerly to the NW corner of said Section 14;


Sheet 1 of 3





I,.' .- -




- Cyjrc rI lou] '.'.*-iition ACo ( Septciiber ZG, 1973


lhei.Ce s.ouiHll:.ly, iilonl I .11 westerl y )otundai(lry or said Section 14
to the SWI corner o t W f ie f saidd Se.ction 14;

Thence westerly, alonrf the centerlines of Sections 15 and 16,
Township 25 South, Ranije 19 East, to the N:W corner of the NE i of the SE -
of said Section 16;

Thence southerly to a point on the northerly right of way line of
the Seaboard Coastline Railroad at its intersection with the westerly.
boundary of the SE I- of the SE of said Section 16;

Thence southwesterly, along said railroad right of way line,
to a point on the easterly boundary of the SW of said Section 16;

Thence northerly, to the NE corner of the SE of the SW I of
said Section 16;

Thence westerly to the NW corner of the SW of the SW of said
Section 16;

Thence southerly, along the westerly boundaries of said Section 16
and Section 21, Township 25.South, Range 19 East, to the SW corner of the NW-'
of the NW of said Section 21;

Thence westerly to the NW corner of the SW I of the NE of Section 20,
Township 25 South, Range 19 East;

Thence southerly, along the centerline of said Section 20, to the
NE corner of the SE 4 of the SW of said Section 20;

Thence westerly to the NW corner of said SE k of the SW V;

Thence southerly to the SW corner of said SE of the SW k;

Thence easterly to the SE corner of said SE of the SW ;

Thence southerly to the iNE corner of the SW of Section 29, Township
25 South, Range 19 East;

Thence westerly to the NW corner of the NE of the SW of said
Section 29;

Thence southerly to the SW corner of the SE i of the SW of said
Section 29;

Thence westerly to the SW corner of said Section 29;

Thence soJtherly, along the westerly boundary of Section 32,
Township 25 South, Range 19 East, to the SW corner of said section;

Thence easterly to the NW corner of Section 5, Township 26 South,
Range 19 East;

Thence southerly, along the westerly boundary of said Section 5
and Section 8, Township 26 South, Range 19 East, to the SW corner of the
NW of said Section 8;

Thence easterly to the SE corner of said NtW k;

Thence southerly to the SW corner of the SE of said Section 8;

Thence southerly to the NE corner of the SE I of the NW I, of Section
17, Township 26 South, Range 19 East;



Sheet 2 of 3



A .

~. '..- ;--.::c:li;- -5- A '.TaF




Cyl (": Cr I' ild )ettltnt ii' An-v:a 1


Thence wt.l.c.rly to Il1 NI-W cor er( of 'alidl St. of the !NW ';

Thence soiitherly to che SW! corner of the Ill '. of the 11l- of Section
20, To.wnship 26 South, Range 19 Last;

Thence easterly to the NE corner of the SW '., of the H E 4 of said
Section 20;

Thence southerly to the SW. corner of the SE 4 of the NE of Section
29, Township 26 South, Range 19 East;

Thence easterly to the NE corner of the SE '. of said Section 29;

Thence southerly to the SE corner of the NE '- of the SE k of said
Section 29;

Thence easterly to the SE corner of the NW 3 of the SW of Section
28, Township 26 South, Range 19 East;


Sw li
line


Thence southerly, along the westerly boundary of the SE of the
of said Section 28, to its intersection with the northerly right of way
of S.R. 54;


Thence easterly, northeasterly, northerly and northeasterly, along
the northerly and westerly right of way line of S.R. 54, through Sections
28, 27, 22, and 15, Township 26 South, Range 19 East, to its intersection
with the easterly boundary of Section 15, Township 26 South, Range 19 East,
the POINT OF BEGINNING.
































RBl1:cca Sheet 3 of 3


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Septl~eber 26, -1973


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.. SOT. E"T. FRD ,, "G SUBJECT TO REVISION


LEGEND j SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT


LEVEE -- i--
PROJECTI___
LIMITS
DRAINAGE
SWALE -
DISCHARGE G E
STPUCTT.h-E|i ..


CYPRESS CREEK FLOOD DETENTION AREA
PROPOSED PLAN ExhibiL_ oLP. f
SEPTEMBER 1973
DRAYVN J P. I. CHECKED A I APPROVED 7
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Description:



Tract 1 The West One-half (W 1/2) of Section 24, Township 25
South, Range 19 East, lying in Pasco County, Florida,
containing 320 acres more or less.


Tract 2 All of Section 23, Township 25 South, Range 19 East,
lying in Pasco County, Florida, containing 640 acres
more or less.


Tract 3 The East 311.93 acres of Section 14, Township 25 South,
Range 19 East, lying south of the Seaboard Coastline
Railroad Right of Way, lying in Pasco County.









































EX.ibiRA ~R'_LO -LL


11-13-73 #1



























EXHIBIT C



Annually, Pinellas, Pasco and the City shall retain a certified public

accounting firm to determine the "unit cost" of the water being produced in,

the Cypress Creek well field. The "unit cost" is to be based upon the capital

costs and operation and maintenance costs of producing the water. The capital

costs shall include, but not be limited to, the costs of land acquisition, the

planning, design and construction of the well field facilities, the supervision

of construction of the well field facilities, and the interest and other costs

incurred in financing the acquisition and development of the well field.






































Exhibit C e __ l. _of__


,


* *
ft













































CYPRESS CREEK
LANDS


EXHIBIT "B"


-r -. I ra. ..i.i~Z~;iYi*tiC1PI-~i~eil_~PI





AGREEMENT


THIS AGREEMENT, Made and entered into this / day of

ff/i8L- &( M L 1973, between SOUTHWEST FLORIDA WATER MANAGEMENT

DISTRICT, a public corporation of the State of Florida, and

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY), a public

corporation of the State of Florida, hereinafter collectively

referred to as "DISTRICT," PINELLAS COUNTY, a political subdivision

of the State of Florida, hereinafter referred to as "PINELLAS,"

PASCO COUNTY, a political subdivision of the State of Florida,

hereinafter referred to as "PASCO," HILLSBOROUGH COUNTY, a political

subdivision of the State of Florida, hereinafter referred to as

"HILLSBOROUGH," and CITY OF ST. PETERSBURG, a municipal corporation,

hereinafter referred to as "CITY,"

WITNESSETH:

WHEREAS, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT is a

public corporation created under Chapter 61-691, Laws of Florida

1961, as amended; and

WHEREAS, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)

is a water regulatory agency created by SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT, in 1968 pursuant to Chapter 373, Florida

Statutes; and

WHEREAS, PINELLAS is a body politic; and

WHEREAS, PASCO is a body politic; and

WHEREAS, HILLSBOROUGH is a body politic; and

WHEREAS, CITY is a municipal corporation; and

WHEREAS, the DISTRICT is acquiring and will acquire certain

property in Pasco County, Florida for use as a flood detention

reservior known as the Cypress Creek Flood Detention Area, herein-

after referred to as "CYPRESS CREEK," which lands are adjacent to,

and drained by, Cypress Creek which ultimately flows into the

Hillsborough River in Hillsborough County, Florida; and


Final Ret,-pecd 11-12-
J




r Ilcuj. iVt=LyjtJu LL--.L4-





WHEREAS, PINELLAS and CITY get their fresh water supplies

from certain well fields, and said supplies furnished by said well

fields are inadequate to meet the needs of the potable water system

of PINELLAS and CITY, and it is necessary that PINELLAS and CITY

augment such supplies; and

WHEREAS, PASCO, because of its rapid growth, needs to prepare

for its future needs of potable water supplies, in order that there

will not be a shortage of water in its rapidly developing areas; and

WHEREAS, HILLSBOROUGH, ever mindful of its future needs for

potable water supplies, and currently being a production area for

water which is transported to and consumed in another county,

desires to promote the prompt formulation and implementation of a

regional approach toward water production; and

WHEREAS, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT has the

duty and responsibility within its jurisdiction to establish rules,

regulations, and orders to obtain the most beneficial use of the

water of the state and to protect the public health, safety and

welfare and interests of the water users affected; and

WHEREAS, the DISTRICT has not as yet formulated a plan for

allocation, as provided for in Chapter 373, Florida Statutes, and,

therefore, the DISTRICT cannot make any allocations of groundwater

to any user at this time; and

WHEREAS, there has been great public interest and lengthy

public hearings, meetings and conferences relating to the use and

availability of water within the area, and

WHEREAS, the Governor and Cabinet, sitting as head of the

Department of Natural Resources of the State of Florida, herein-

after referred to as "DNR," have directed the Division of Interior

Resources of DNR to hold a conference and seek solutions to

anticipated water shortages and to work with the DISTRICT to develop

the long range solution to water supply, allocation and use in the

area; and

-2-




Final Retyped 11-12-





WHEREAS, numerous members of the Legislature of the State of

Florida, individually, collectively through legislative delegation

action, and in their respective capacities of leadership within

the Legislature have called for recommendations for solutions to

present and anticipated problems related to water supply and use; and

WHEREAS, the parties to this AGREEMENT have come together in

a spirit of cooperation in order to chart a future course toward

solving the mutual and individual problems of the parties in such

a way as to obtain adequate supplies of potable water in such

manner as to avoid unnecessary ecological alteration, to prevent

environmental degradation and to protect the rights of property

owners;

NOW THEREFORE, in consideration of the mutual covenants and

conditions herein contained and for other good and valuable

considerations, the parties hereto agree as follows:

1. That the potable water needs of the West Coast area of

Florida can best be met through a regional water supply approach

and that a single authority should be vested with the duty, respon-

sibility and authority for establishment of a regional water

supply to meet the needs of Hillsborough, Pinellas and Pasco

Counties, and perhaps other areas as well.

2. There is divided opinion as to whether this authority

should be vested in an existing agency or should be vested in a

new agency created specifically for such purposes. It is agreed

that if a decision cannot be reached prior to the next regular

session of the Legislature, then the matter should be left to the

discretion of the Legislature as to which alternative should be

selected, but in any event, it is agreed by all that some decision

is necessary in the forthcoming regular legislative session.

3. That any regional water supply should utilize all practice.

means of obtaining potable water, including withdrawals of surface

water, withdrawals of groundwater, recycling of waste water and

dcsalini3ation.
'>-
.. .^.. -..~... .._,,, .. .,..




-'i nidl I.etypjed 11-12.

( (



4. Thil. ti reqionzal ui.thoritLy shouldld en((gge in the producLion

lncd t-lrcatlnmnt of water which should then be available at cost to the

respective counties and cities for local distribution; that the

regional authority should not engage in local distribution.

5. That the withdrawal of water, both ground and surface,

should -be subject to reasonable regulation by the DISTRICT.

6. That ultimately, the entire region should be served by

interconnecting water transmission facilities to be operated

by the regional authority; the authority should be reimbursed for

reasonable costs based upon a differential schedule reflecting

transmission and production costs.

7. That present operations cannot be held at a standstill

until a regional supply system is established, and that interim

steps must be taken in such way as to be compatible with develop-

ment of an overall water supply system.

8. That the easement acquired by PINELIAS and CITY from the

Seaboard Coast Line Railroad, extending from the Eldridge-Wilde

well field to the CYPRESS CREEK area, and the water transmission

pipeline to be constructed thereon, will be available for voluntary

transfer to the regional water supply system, together with any

production facilities, with full compensation to be made therefore,

but such compensation shall not exceed actual expenditures, including

interest.

9. DISTRICT, PINELLAS, PASCO and CITY, simultaneous with

the execution of this AGREMENT, are also executing a "CYPRESS

CREEK AGREEMENT" relating to the joint acquisition of the Cypress

Creec: Flood Detention Area. The execution of this AGREEMENT is

conditioned upon the simultaneous execution of the CYPRESS CREEK

AGREIRMHNT, a copy of which is attached hereto as EXHIBIT 1.

10. Pursuant to the t(1ner of the CYICRp C:3:R A(;GREEI:iNT, the

pa; li(e:; agrce .o explore theu re~iil :; ]i. ity of utiliz.inlc the Cyp-s':;;


-*,- ._




(. Final Retyped 11-1:




Creek Flood Detention Area as a well field, so long as it will also

serve as a flood detention and water storage area. The right to

the use of such well field, together with any appurtenant production

and treatment facilities and equipment shall be transferred to the

regional system with full compensation to be made therefore, but such

compensation shall not exceed actual expenditures, including interest.

11. CITY does hereby agree to supply to PINELLAS up to two

million gallons of water per day (2 MGD), commencing November 1, 1973,

until the CYPRESS CREEK well field has been brought into production,

at which time PINELLAS agrees to return such quantity to CITY on a

gallon for gallon basis, plus 10% additional as a time adjustment.

12. That the DISTRICT, pursuant to Chapter 373, F.S., its

rules and regulations duly adopted thereunder, and other applicable

law, has the authority and responsibility, within its jurisdiction,

to establish rules, regulations and orders to obtain the most

beneficial use of the water of the state and to protect the public

health, safety and welfare and the interests of the water users

affected.

13. That PINELLAS operates a well field, known as the Eldridge-

Wilde well field, located in Sections 1, 11 and 12, Township 27

South, Range 16 East, and Section 6, Township 27 South, Range 17

East, Hillsborough County, Florida, for the withdrawal of groundwater.

14. That the lands described in paragraph 13 above, and the

groundwater withdrawal therefrom, are within the boundaries of the

DISTRICT, and the withdrawal therefrom is subject to the rules,

regulations and authority of the DISTRICT.

15. That there now exists the necessity for regulating the

withdrawal of water from said well field, in order to obtain the

most beneficial use of the water resources of the state and to

protect the public health, safety and welfare and the interests of

the water users affected. PINELLAS COUNTY, however, by signing this


~YYP~





Final Retype 11-12-






AGREEMENT does not admit or acknowledge that its operation of its

Eldridge-Wilde well field has caused any damage to the aquifer.

16. That the DISTRICT held a hearing on July 11, 1973, and

continued to September 12, 1973, as to what Regulatory Order should

be placed upon PINELLAS' operation of the said Eldridge-Wilde well

field. On September 12, 1973, the DISTRICT entered a Regulatory

Order No. 73-3R, a copy which is attached hereto as EXHIBIT 2, as

to PINELLAS' operation of the Eldridge-Wilde well field.

17. That PINELLAS has appealed said Order by Petition for

a Writ of Certiorari to the Second District Court of Appeals, and

has requested a review of said Order by the Department of Natural

Resources of the State of Florida.

18. That the DISTRICT has the jurisdiction and authority to

impose reasonable regulations on PINELLAS as to its operation of

the Eldridge-Wilde well field and throughout the fifteen-county

area of the DISTRICT.

18A. The parties agree that, based upon current scientific

knowledge, technology and theory, the Eldridge-Wilde well field can

most appropriately be regulated by the establishment of monitor

levels and that the gallonage hereafter set forth will be converted

to monitor levels on October 1, 1974, or as soon thereafter as

possible.

19. That, under present conditions and in light of existing

circumstances, it is reasonable for DISTRICT, at its regularly

scheduled meeting set for November 14, 1973, to modify paragraphs

numbered 1 through 4 of said Order No. 73-3R to provide as follows:

"l. The average daily withdrawals from such well field for

transmission off the premises as measured cumulatively in millions








-6-
;& -




Final Retyped 1-12-






of gallons per day (MGD) shall not exceed the following amounts:

"a. From August 1, 1973 36 MGD

"b. From November 1, 1973 34 MGD

"c. From April 1, 1974 29.5 MGD

"d. From October 1, 1974 28 MGD

-"2. The maximum daily withdrawal shall not exceed 44 MGD.

"3. a. Reports of withdrawals for each weekly period shall

be made by PINELLAS to DISTRICT by telephone on the following

Monday and confirmed in writing on forms to be provided by

DISTRICT; such weekly periods shall commence at 12:01 a.m. on

Saturday of each week.

"b. Withdrawals shall be measured cumulatively from

August 1, 1973 through September 30, 1974. A new production year

shall start on October 1, 1974 and each October 1, thereafter.

Accumulations may be withdrawn at any time, subject, however, to

the limitations imposed by paragraph 2 above but such accumulations

shall not carry over from one production year to another beyond

the first six weeks of such production year. Deficit production

over cumulative amounts shall only be permitted during the first

six weeks of each production year.

"4. a. That aquifer testing of the well field shall be

conducted under direction and supervision of the DISTRICT and a

public hearing be held to consider establishing regulatory levels

and controls in lieu of maximum withdrawal rates set forth herein-

above to govern after October 1, 1974.
















-7-

--------------------------------------------_----------- __ _----------------------__. --- a -* --J




Final'- Retyped 11-12-






"b. That the maximum withdrawal rates set forth herein-

above shall apply until October 1, 1974 or thereafter until such

regulatory levels and controls have been established, provided,

however, that the well field will be closely monitored and any

adverse horizontal or vertical movement of the saltwater fresh-

water interface could necessitate appropriate modification of

withdrawal rates or such other action as may be required to halt

such adverse movement."

20. PINELLAS waives notice of hearing to amend said Order .

No. 73-3R as set forth hereinabove and hereby consents to such

amendment.

21. PINELLAS further agrees that upon such amendment being

made to said order by DISTRICT, PINELLAS will immediately withdraw

and abandon its Petition for a Writ of Certiorari filed with the

Second District Court of Appeals, waiving its right to appeal said

order, as amended.

22. PINELLAS further agrees that upon such amendment being

made to said order by DISTRICT, PINELLAS will immediately withdraw

its formal request for review of said order by the Department of

Natural Resources.

22A. PINELLAS, in submitting to the jurisdiction of DISTRICT

to regulation pursuant to the laws under which. the DISTRICT

operates, reserves unto PINELLAS any right to contest future orders

issued thereto which PINELLAS may have under the Constitution of

the State of Florida and of the United States a:-d under the

General Laws of the State of Florida.

22B. PINELLAS and DISTRICT agree to expedite all provisions

necessary to enable PINELLAS to carry out the terms of this

AGREEMENT.


-8-




Final Retyped 11-12





23. That the CITY operates certain well fields in Hillsborough

County, Florida known as the Cosme-Odessa well field and the Sec-

tion 21 well field, and in Pasco County, Florida, known as the

South Pasco well field, located in Sections 28, 32 and 33, Township

26 South, Range 18 East, for the withdrawal of groundwater.

24-. That the lands described in Paragraph 23 above, and the

groundwater withdrawal therefrom, are within the boundaries of the

DISTRICT, and the withdrawal therefrom is subject to the rules,

regulations and authority of the DISTRICT.

25. That there now exists the necessity for regulating the

withdrawal of water from said well field, in order to obtain the

most beneficial use of the .water resources of the state and to

protect the public health, safety and welfare and the interests of

the water users affected.

26. That the DISTRICT has the jurisdiction and authority to

impose reasonable regulations on CITY as to its operation of the

South Pasco well field and throughout the fifteen county area of

the DISTRICT.

27. That, under present conditions and in light of the exist-

ing circumstances, it is reasonable for DISTRICT to enter a

regulatory order relating to the operation of the South Pasco well

field, which provides as follows:

"1. That CITY, its agents and employees, shall not withdraw,

or cause to be withdrawn, from the South Pasco well field, any

amount of water which will cause the levels in certain observation

wells to be lower than the elevations prescribed below:

"a. The weekly average elevations of the potentiometric

surface of the Floridan Aquifer as determined cumulatively shall

not be lower than:

"(1) 42.0 feet above mean sea level as measured at

the State Road 54 deep observation well.

"(2) 41.0 feet above mean sea level, as measured




Final Retyped 11-12
t .






at the South Pasco deep observation well #45.

"(3) 37.0 feet above mean sea level, as measured

at the South Pasco deep observation well #42.

"b. At no time shall the weekly average elevations of the

potentiometric surface of the Florida-Aquifer be more than 4 feet

below the elevations set forth in (a) above.

"c. A hearing shall be held on April 10, 1974 to consider

establishing of monitor levels for the shallow aquifer to become

effective October 1, 1974.

"2. a. Reports of weekly average elevations for each weekly

period shall be made by CITY to DISTRICT by telephone on the

following Monday and confirmed in writing on forms to be provided

by DISTRICT; such weekly periods shall commence at 12:01 a.m. on

Saturday of each week.

"b. Such weekly average elevations shall be calculated by

adding together the high reading for each day and the low reading

for each day, then dividing the sum thereof by 14; each weekly

period shall commence at 12:01 a.m. on Saturday of each week.

"c. The weekly average elevations shall be determined

cumulatively from August 1, 1973 through September 30, 1974. A new

production year shall start on October 1, 1974 and each October 1,

thereafter. Cumulative weekly average elevations shall not carry

over from one production year to another, and production causing

regulatory levels to drop below the cumulative weekly average

elevations shall only be permitted during the first six weeks of

each production year.

"3. The CITY, at its own expense, shall by June 1, 1974,

provide the following facilities:

"a. A deep observation well located west of the well field

at a di qce of not less than 2,000 feet from a producing well.


-10-


I_




S. Final Retyped 11-12





"b. A recording precipitation gage located within the

well field.

"4. Specifications and locations of the above facilities shall

be approved by the Staff of the SOUTHWEST FLORIDA WATER MANAGEMENT

DISTRICT.

"5. That the monitor levels set forth hereinabove shall

apply until October 1, 1974 and thereafter until such regulatory

levels and controls have been modified by order of DISTRICT,

provided, however, that the well field will be closely monitored;

any adverse horizontal or vertical movement of the saltwater fresh-

water interface could necessitate appropriate modification of

regulatory levels or such other action as may be required to halt

such adverse movement; any significant adverse environmental change

attributable directly to the operation of said well field could

necessitate appropriate modification of this order."

27A. That, under present conditions and in light of existing

circumstances, it is reasonable for DISTRICT, at its regularly

scheduled meeting set for November 14, 1973 to modify paragraphs 1

through 4, 6 and 7 of SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

(REGULATORY) Order No. 72-1 to provide as follows:

"1. That the CITY, its agents and employees, shall not with-

draw, or cause to be withdrawn, from the wells in the aforesaid

Cosme-Odessa well field, Hillsborough County, Florida, any amount

of water which will cause the weekly average elevation of the

potentiometric surface of the Floridan Aquifer as determined cumula-

tively to be less than:

"a. Twenty-two (22) feet above mean sea level as measured

at the "Water Plant E-100" observation well

(280548N0823557).

"b. Twenty-five (25) feet above mean sea level, as


-11--


ic ` ;




Final Retyped 11-12-


measured at the "James 11" observation well

(280703N0823417).

"c. Twenty-four (24) feet above mean sea level, as

measured at the "Calm 33A" observation well

(280836N0823438).

"2. That the CITY, its agents and employees, shall not

withdraw, or cause to be withdrawn, from the wells in the aforesaid

Section 21 well field, Hillsborough County, Florida, any amount of

water which will cause the weekly average elevation of the potentio-

metric surface of the Floridan Aquifer as determined cumulatively

to be less than:

"a. Thirty-three (33) feet above mean sea level, as

measured at the "Hillsborough 13" observation

well (280704No823030).

"b. Thirty-four (34) feet above mean sea level, as

measured at "Jackson 26A" observation well

(280753No823059).

"3. a. At no time shall the weekly average elevations of the

potentiometric surface of the FloridanAquifer be more than 3 feet

be.ow the elevations set forth in paragraphs 1. and 2. above.

"b. Weekly average elevations shall be calculated by

adding together the high reading for each day and the low reading

for each day, then dividing the sum thereof by 14; each weekly

period shall commence at 12:01 a.m. on Saturday of each week.

"c. The weekly average elevations shall be determined

cumulatively from November 1, 1973 through September 30, 1974. A

new production year shall start on October 1, 1974 and each October 1,

thereafter. Cumulative weekly average elevations shall not carry

over from one production year to another, and production causing

regulatory levels to drop below the cumulative weekly average

elevations shall only be permitted during the first six weeks of

each production year.

_- i I ____,"




:Final Rtypcd 11-3






"d. The total maximum withdrawals from the combined

Cosme-Odessa and Section 21 well fields shall not exceed 168

million gallons per week which amount shall not be figured

cumulatively. Production shall be reasonably balanced between the

two well fields.

"4. Reports of weekly average elevations for each weekly

period shall be made by CITY to DISTRICT by telephone on the-

following Monday and confirmed in writing on forms to be provided

by DISTRICT; such weekly periods shall commence at 12:01 a.m. oA

Saturday on each week.

"6. A hearing shall be held on April 10, 1974 to consider

establishing of monitor levels for the shallow aquifer to become

effective October 1, 1974.

"7. That the monitor levels set forth hereinabove shall

apply until October 1, 1974 and thereafter until such regulatory

levels and controls have been modified by order of DISTRICT,

provided, however, that the well field will be closely monitored;

any adverse horizontal or vertical movement of the saltwater -

freshwater interface could necessitate appropriate modification of

regulatory levels or sucn other action as may be required to halt

such adverse movement; any significant adverse environmental change

attributable directly to the operation of said well field could

necessitate appropriate modification of this order."

28. CITY waives notice of hearing to issue orders containing

the provisions set forth hereinabove and hereby consents to DISTRICT

making such regulatory orders.

29. It is specifically agreed between DISTRICT and PINELLAS

that this AGREEMENT shall be null and void insofar as it relates to

PINELLAS unless the DISTRICT modifies its regulatory Order No. 73-3R

consistent with the provisions set forth hereinabove, including

specifically paragraph 19.


-*13- :




Final -. Retyped 11-12-7






30. It is specifically agreed between DISTRICT and CITY that

this AGREEMENT shall be null and void insofar as it relates to CITY

unless the DISTRICT issues regulatory orders consistent with the

provisions set forth herein, including specifically paragraphs 27

and 27A.

31. The parties further agree that notwithstanding any of

the provisions contained herein, the withdrawal of water from

the aforementioned well fields shall, at all times, be subject

to the applicable laws of the State of Florida concerning

consumption, appropriation and regulation of water, as provided in

the laws of the State of Florida and the applicable rules and

regulations of the District that are in effect at the time of the

execution of this AGREEMENT or as amended by the State of Florida

or the DISTRICT under the Constitution and the laws of the State

of ,Florida.

31A. All parties to this AGREEMENT shall be afforded full

access to all monitoring devices and records at any reasonable time.

32. The SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT hereby

affirms that, at a duly constituted meeting of its Board of
/ V
Governors on the (L/' day of _/ __._ ___/ 1973, it

approved the terms of this AGREEMENT and the execution thereof.

33. PINELLAS hereby affirms that, at a duly constituted

meeting of the Board of County Commissioners on the / day of

SdU A__ 1973, it approved the terms of this AGREEMENT

and the execution thereof by PINELLAS.

34. PASCO hereby affirms that, at a duly constituted meeting

of the Board of County Commissioners on the day of

i,' r 1973, it approved the terms of this AGREEMENT

and the execution thereof by PASCO.


-14-




SFinal Retyped 11-12-






35. CITY hereby affirms that, at a duly constituted meeting

of the City Council on the day of / /i^-t-y 1973,

it approved the terms of this AGREEMENT and the execution thereof

by CITY.

36. HILLSBOROUGH hereby affirms that, at a duly constituted

meeting of the Board of County Commissioners on the day

of //' ____ 1973, it approved the terms of this AGREEMENT

and the execution thereof by HILLSBOROUGH.

37. This AGREEMENT constitutes the entire agreement between

the parties hereto, and any change, supplement, modification or

correction of, or addendum to, this AGREEMENT must be in writing

and signed by the parties hereto.


-15-




Final Retyped 11-12-


'IN WITNESS WHEREOF, the parties hereto have executed this

AGREEMENT the day and year first above written.


Signed, sealed and delivered
in the presence of:


As to Southwest Florida Water
Management District


As to Pirrellas


As to Pasco


A to City


SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT


By, f 2. R,
Chairman


Attest ~ ,,
Secretary


PINELLAS COUNTY


By
Chairman, Board o
County Commissioners


AttesLA ->L-
Clerk of tne -C rcuit Court


County oommissiou rs


Atte A
lerk dT the Circuit Court


CITY OF ST. P TERSBUR


By



Attest / -
CityrCma, r .o f
A Cx/f'tf /- o-/ ^ 1O '


Chairman, Bgrd of
County Commissioners


Attest (
Cork of the Ci ruit C rt


As to Hillsborough


-__-~L;-iii;ij~L~l~iIPDYLU


IriCllllilYIPCI


** I





(-




CYPRESS CREEK AGREEMENT

THIS AGREEMENT, Made and entered into this _day of

1973, between SOUTHWEST FLORIDA WATER MANAGEMENT

DISTRICT, a public corporation of the State of Florida, and

HILLSBOROUGH RIVER BASIN, a subdivision of the Southwest Florida

Water Management District, hereinafter collectively referred

to as "District," PINELLAS COUNTY, a political subdivision of

the State of Florida, hereinafter referred to as "Pinellas,"

PASCO COUNTY, a political subdivision of the State of Florida,

hereinafter referred to as "Pasco," and CITY OF ST. PETERSBURG,

a municipal corporation, hereinafter referred to as "City,"

WITNESSETH:

WHEREAS, Southwest Florida Water Management District is a

public corporation created under Chapter 61-691, Laws of Florida

1961, as amended; and

WHEREAS, Hillsborough River Basin is a subdivision of the

Southwest Florida Water Management District, as provided under

Chapter 61-691, Laws of Florida 1961, as amended; and

WHEREAS, Pinellas is a body politic; and

WHEREAS, Pasco is a body politic; and

WHEREAS, City is a municipal corporation; and

WHEREAS, the District is acquiring and will acquire certain

property in Pasco County, Florida for use as a flood detention

reservoir known as the Cypress Creek Flood Detention Area, herein-

after referred to as "Cypress Creek," which lands are adjacent to,

and drained by, Cypress Creek which ultimately flows intc the

Hilsborough River in Hillsborough County, Florida; and

WHEREAS, Pinellas and City get their fresh water supplies

from certain well fields and said supplies furnished by said well

fields are inadequate to meet the needs of the potable water system
of Pinellas and City, and it is necessary that Pinellas and City
augment such supplies; and






LxtllibiL.P!R I Of I





A .- A .- .L

I ) 1 '1,.rr, : I,, it :; |* 11 tll. > l ., '. : >i i 1,. 1 \ -:., h,- .: .-l ,:;


.i n (', ,I1'.- Lhl.il t. 1,r"'' wi. .1 not )(c ;i :;lhc. t .if;' of w.',dt cr j .i.t;;

rapidly d'v'l oping area-; and

WIIE:LI:As, t.1.c DistLrict ha:; noL. ar; yet: foriutl.atcd a plan for

allocation, n:; provided for in ChapLer 373, Florida Statutes, and,

therefore, the 1)istrict cannot ma-ice any allocations of groundwater

to any .i-ser at this time; and

WHEREAS, Pinellas and City, for the purpose of supple-

menting their supply of potable water, and Pasco, for the

purpose of facilitating the development of its potable water

system, desire to construct, maintain and operate a number

of test wells upon the aforesaid lands of the District for such

periods of time as will be reasonably necessary, expedient or

desirable to determine whether the quantity and quality of water-

available in and from such area is such as to make it econ-

omically feasible for Pinellas, Pasco and City to finance,

construct, maintain and operate upon such lands a permanent

well field consisting of production wells, collector mains,

pumping stations, treatment plant, transmission lines and access

roadways; and

WHEREAS, if it shall be determined by Pinellas, Pasco and

City that such permanent well field is economically feasible,

Pinellas, Pasco and City desire to acquire the permanent rights

and interests hereinafter mentioned in the above described

lands of the District for such purposes; and

WHEREAS, even though the District is in the process of

acquiring the lands within the Cypress Cr.eek Flood Detention

Area; it is unable, at this time, to comp:.cte the acquisition

of all of the necessary lands, and it may be several years

before acquisition can be fully accomplished; and

WIIEEAS, it is for the benefit of the citizens and ta::payers

of the State of Florida that a cooperative effort be made by the

p;irtl-io:; lrct:o to Jinmedi.acely acquire by purch;ia:c:, cift or con-

d iiini i ion I, hl ,and:; (cli:;cr.i bi-(l :i n ENxh ibit. A, atta ,cA .d h-r0tL.o .n(l

itl,' ia p.ut-. h rc-ofr, at til I arl.i Lt. pn:::il] ldtta-,; .inid

WJ11 :A.S:;, aIt..,ach't"i lifl- to anld i.,h a pai cl. iH'r, o an; J h:; i 1 i t 1I

E;iiibit iPi ge f










i'; the Icgii ( :scri pt.1ioi of ccrt.ain rciail property w.ithlin adj.ic, nt a.--.

,immcdihately cont.igcuou:. to the lan d:; described in Exhibit A, attache-;

hereto, whichjl the City has purchased for the purpo:;(e of a frc-sh

water well field, and the parties hereto desire the said land:; des-

cribed in said Exhibit B shall be made a part of this agreeccent and

WIIER.EAS, Pinellas, Pasco, City and District have entered into

this agreement to make the most efficient use of their powers by

enabling them to cooperate on a basis of mutual advantage and

thereby to provide services and facilities in a manner of, and

pursuant to, forms of governmental organization that will accord

best with geographic, economic, population and other factors

influencing the needs in the development of the local communities;

WEREAS, Pinellas, Pasco, City and.District believe that it

is for the best interest of the public that they serve to

develop a well field in the Cypress Creek Flood Detention Area;

NOW, THEREFORE, in consideration of the mutual covenants and

conditions herein contained and for other good and valuable con-

siderations, the parties hereto agree as follows:

1. The parties agree that the lands described in Exhibit A,

attached hereto, shall be immediately acquired and used for the

following multi-purposes, to-wit:

(a) Flood Control and water storage area;

(b) Fresh water well field;

(c) Wildlife refuge;

(d) Outdoor recreation and open space.

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

2. In order to achieve maximum utilization of the lands, the

parties agree to proceed in phases to bring about the multi-purpcsc-

set forth in paragraph 1. above. At this time, it is desirable

to proceed with three p)hase: that can be generally described as

fol lows:

Phia:;( 1 La.nd acqui :; it. io n;

Phase 2 Coi.:truc .i on of t e:.;t w ':1) id tei.t ing of ::.%:lf d

Plhn.e' 3 Con;itrucLiojn and operation of well field.
_3 .^









3. Ph i--o I i

a) Land acqui:;.'it.ion coL;t:- -.-hall be0 paid 507 by the

District and 50' by ]Pinclla;s, Pa:;co and City, apportioned one--third


b) The District shall have the lands described in -V:xhibit i

attached hercto, appraised, and then notify Pinellas, Pasco and City,

in writing, of the full acquisition'costs of the land, including but

not limited to land values, appraisers' fees, attorneys' fees, and

landowners' appraisals and attorneys' fees, and the amount of funds t

the District has available to commence the acquisition of said lands,

and then Pinellas, Pasco and City shall deposit with the District, wi

in 90 days of said notification, their share of said funds equal to

the amount available by the District for said land acquisition.

Said funds to be deposited in accounts of the District in banks autho

rized under the laws of the State of Florida and to draw the maximum

amount of interest; such interest shall be credited to Pinellas, Pasc

and City in their respective proportionate shares.

c) Within 30 days the District shall prepare and distribute

to the parties a land acquisition schedule, together with supporting

documents and with a status report of condemnation suits currently

pending. Such schedule shall include a time table.giving estimates

of the amounts and dates funds will be needed to complete phase 1.

d) Immediately upon the deposit of said funds by Pinellas,

Pasco and City, District shall proceed to acquire all of the lands

that it is able to with the amount of funds it has available

through the District, Pinellas, Pasco and City. The title.to said

lands shall be acquired in fee simple, free and clear of all liens

and encumbrances except taxes for the current year, and shall be

placed in the name of the District for the benefit of District,

Pinellas, Pasco and City pursuant to the terms of this agreement.

) All. costs of land acquisition shall be in accordance

with normal and usual procedures and costs iuncu rred by the Di:;t-ric:t

in it: arcjui.i :;.i ion of land::, and said co-st: :.hall .be rea::on;l .-

All ilnfoi i;l.i on a.; to L)(' Co:;t of (q(jI :.i l..it oi> of I and:: ;la .l al)

V I I___ o___ -O t 1,.C. 1 .i:,>L J..C. o a! e i






VJ I ((. '11 h 1. i:; ".


3.la ld aUcIi: i:..i t i on 'V<( Lh" t e ,u.onit.: on ilt|o:; it .:; provIt,.l'd dl,,,. ,

it shall not ify Pin.lla:;, P'o::co and C.it.y to d(:-po:;it their pro rata
phare of the additional funds w.'ith thi Dist:rict wvithi.n 90 days.

Upon completion of said land acquisition, the Di:;trict shall give

a complete accounting of the land acquisition costs to Pinellas,

Pasco and City, in writing, and shall certify the same to be true

and correct.

f) Pinellas, Pasco and City shall cooperate with the

District and agree to join the district as co-petitioners in eminent

domain proceedings in connection with acquisition of said lands.

g) The City is the owner of the lands described in

Exhibit B, attached hereto, a portion of said lands being within the

lands described in Exhibit A and a portion being adjacent and immTed-

iately contiguous thereto. The parties hereto agree that the City is

to be compensated for the costs of acquiring the lands described in

Exhibit B, and said costs are to be substantiated and/or certified by

the City to be correct. After said costs have been substantiated,

as hereinbefore provided, the moneys paid thereunder by the City

are to be credited against the moneys that the City is required

to contribute under the provisions of this agreement. Said lands

described in Exhibit B will become a part of the District's

Cypress Creek Flood Detention Area, and the title thereto will

be conveyed by the City to the District, free and clear of

all liens and encumbrances, at the same time that the District

grants the permanent easement and groundwater rights to the City,

Pinellas and Pasco, as provided in paragraph 5(b) hereof; provided,

however, that if the Cypress Creek Flood Detention Area is not

developed into a productive well field, as provided for herein,

on or before January 1 1975, then the City's lands, as described

in Exhibit B, shall automatically revert to the City, and, upon

written request, the District shall immediately convey said

lands; der:cribod in Exhibit 1 to the City, free and clear of

all licn:; and (ncuiubranc-:s;.

4. Phar:; 2. Co(nf.l') liOn of T 't: _V1"- : :; nd 'I' .if

a) n Jn lh,- ;i c(l i.t .i on of ;, Pin .co


*----------------------. ------ -- ^---------------------- ,______ _^ ___----------------------, ----- --- i -- ..*" :MraM




*. .





shall h.ave their consulting engineer, and their ";taffs and planners

design and supervise a test program to determine the quality and

the estimated quantity of water available. The test program

shall include, but not be limited to, constructing test wells,

conducting pumping tests and laying out the facilities in such a

manner as to make it economically and hydrologically feasible for

Pinellas, Pasco and City to finance, construct, maintain and operate

upon such.lands a permanent well field. All test programs, test

wells, pumping tests and laying out of facilities shall be at the

expense of Pinellas, Pasco and City. Due consideration shall be

given to the multi-purposes in preparing said plan. The firm of con-

sulting engineers, hydrologists and planners chosen by Pinellas, Pasc

and City shall be experienced in the field of hydrology and fresh wat

well field designing and construction, and prior to the implemen-

tation of the plan for the construction of wells for the.operation

of the pumping tests, the same shall be submitted to the District.

for written approval, and said written approval or suggested modi-

fication of the plan shall be given to Pinellas, Pasco and City

by the District within 20 days of receiving the proposed plan of

construction and testing from Pinellas, Pasco and City.

5. Phase 3 Construction and Operation of Well Field.

a) In the event Pinellas, Pasco and City, from the study

analysis and projection of the.test well operation records, costs,

and engineering, construction and financial consideration, shall

Determine that a permanent well field upon the said lands shall

niot be. economically and hydrologically feasible, then Pinellas, Pascc

and City shall notify the District of such determination, in

writing, on or before January 1, 1975, and this agreement shall in

that event terminate as to Pinellas, Pasco and City and be of no

further force and effect, except that Pinellas, Pasco and City shall

have a reasonableC time in which to remove their test well in:;tallatic

provdd, however,, that. any and all tc'Lt we.ll.: left in place s:;lhll.

be c;ippl d or pil<.'j.d, at the e-i> .n:;ec of Pi nell.a:;, P;';co ;ald C.ity,








Sulpon .rK.itt'l n .itn:;tr-ctio.()::*; from h('e D.i:;trict., ;,r to whether t.l,

said we].]; should be capp(,'d or plugged.

b) In the event Pinellas;, Pasco and City shall determine

that it shall. be economically and hydrologically feasible to

finance, construct, maintain and operate a permanent well field

upon such lands, it shall notify the District, in writing, of

such determination, and Pinellas, Pasco and City shall, at their

own cost and expense, survey, or cause to be surveyed, permanent we

sites and pumping station sites, permanent collector and trans-

mission mains, a treatment plant site, roadways and power line ease-

ments, the location and route of which shall be subject to approval,

in writing, by the District which shall not be unreasonably with-

held. Pinellas, Pasco and City shall prepare, or cause to be

prepared, appropriate legal descriptions of such sites and easements.

Upon completion of such surveys and the preparation of

such legal descriptions, the District shall, by good and sufficient

conveyance, deed, grant and convey to Pinellas, Pasco and City, free

and clear of all encumbrances, the groundwater rights in and to

the aforesaid lands of the District, together with the perpetual

easements and permanent rights of way for the construction, re-

construction, maintenance, repair, use and operation of production

wells, pumps, collector mains, pumping stations, transmission

mains, roadways and power lines in, over, through and across the

lands described in the legal descriptions to be prepared by

Pinellas, Pasco and City, as heretofore provided. Pinellas, Pasco

and City shall divide the total amount of ground water to be re-

moved :from the well field proportionately in the same ratio as

each has contributed to the total development cost of said well fice

Development costs shall be apportioned one third each to Pinellas,

Pasco and City; provided, ho:-wever, that Pinellas, Pasco and City

agree that they will sell up to 20?, of the water produced from sai-

well field in excess; of O5 min. 1 ion (all on:; per day (mood) to w\,,tCve-:-'

gover\)nm-ii- .11. Clent ty that t.he D(' i trict shall des.i gnate, in writ:i ng




.-






I '*

provided ,;aiCd (cc:;icjgnco sal 11 ppay the cost thereof as defined in

Exhibit C, attached hereto, on a gallonage basis. All water productic

facilities will be operated by Pinellas, Pasco and the City with prcd-

tion costs apportioned on a unit consumed basis.

c) The District, having acquired the lands herein

affected for use as a flood retention and conservation area,

shall have the right to flood said area for such purpose; and

Pinellas, Pasco and City shall have the right to excavate, borrow

or remove dirt from said lands at a site or sites to be approved

by the District, in writing, within a reasonable distance of the

well, pump and pumping station sites and the roadway rights of

way for the purpose of filling the same to a grade above that

of the design flood elevation, provided that adequate roadway

drainage, as approved by the District, shall be provided by

Pinellas, Pasco and City.

d) Pinellas, Pasco and City shall indemnify and hold

harmless the District of, from and against all claims, demands,

suits or actions for bodily injury or property damage arising out

of, or resulting from, Pinellas', Pasco's and City's operations in

and about the Cypress Creek Flood Detention Area. The District

shall indemnify and hold harmless Pinellas, Pasco and City of,

.from and against all claims, demands, suits or actions for bodily

injury or property damage arising out of, or resulting from,

District's operations in and about the Cypress Creek Flood De-

tention Area, for which the District is legally liable.

e) Pinellas, Pasco and City shall, at their own cost and ex-

pense, construct and maintain roadways for ingress and egress

to and from such test wells and to such permanent well field

facilities, until'such time as the District shall open said above

CyptS'c:;; Cerok Flood )Detcntion Area. to the gcncral pub lic and therc-

aftcr l-h D.ir:; .ic.: ::ha 1 takl over the ma intn.ance of such ro.du '.' -











f) Pinl-lla, Pa:;co and City shal1 at all time:; ke!,p the tes

wells and the permanent production well field open to insp.:c ti:on

by authorized personnel of the District, and Pinellas, Pasc:. ,nd Cit'

when requested by the District, shall make said test and p -:'i.;n.cnt

well production records available to the District for inspecct:on

or copying for use in its continuous study of surface and ground

water intercorrelation.

g) Pinellas, Pasco and City shall use the premises and all

rights, privileges and easements herein granted to the extent

needed to carry out the true intent and purposes of this agreement

and for no other purposes; Pinellas, Pasco and City shall maintain

the premises and all appurtenant structures and improvements in a

neat, clean and sanitary manner and condition; and Pinellas, Pasco a

City shall paint and otherwise keep, as near as practicable, all

of their installations and facilities in a color, condition and

manner as shall be compatible and harmonious with the use of such

area by the District as a natural wilderness, park and recreational

area.

h) Pinellas, Pasco and City do hereby declare their intent

to develop and use the Cypress Creek area for the next stage of

their additional water supply program, provided there is suffi-

cient water of the quantity and quality to meet their needs in

an economically feasible manner. If there is sufficient water of

the quantity and quality to produce a minimum of 45 mgd in an eco-

..,nomically feasible manner, then Pine.las, Pasco and City shall defer

the development of any other water sources within Pasco County.

This paragraph (h) shall not preclude the construction of addi-

tional wells where consent for such construction shall have been

obtained from the District and from adjacent and affected land

owners. 'hi.'; construction shall be subject to permit and recu-

l.ation by t:he D.i:;triC-t.

















i) The production well sites shall be approximately 50 feet

by 50 feet each, and the pumping station sites shall consist: of

approximately two acres each, one treatment plant site not to e::ceed

30 acres. The transmission main easements shall be such as shall

*carry out the present plans of Pinellas, Pasco and City, namely

that the water will be pumped to the main transmission lines via

a treatment plant or facility directly into the distribution

system of Pinellas', Pasco's and City's water systems.

"j) Pinellas, Pasco and City shall not assign this agreement

or any of their rights or privileges hereunder without first ob-

taining the written consent of the District which consent

shall not be unreasonably withheld. Upon the-establish-

ment by the legislature of a regional water supply authority or

the delegation to an existing governmental entity the primary

responsibility for providing a regional water supply for an area

which includes Pinellas, Hillsborough and Pasco Counties, the parties

hereto agree that Pinellas, Pasco and City shall, upon request of

such authority .or entity, transfer their rights and privileges here-

under and they shall receive full compensation 'from the said region

water supply authority for the costs that they contributed to land

acquisition, as well as the costs for engineering, testing and perm-

anent construction provided for herein.

k) As used herein and in the conveyances herein provided

for, the term "recreational rights" shall mean the sole, exclusive

and permanent right to use and control the lands in which such








rsn s 1 ibi r.i (ilt. to tali :, approp niat. ad use a i; supply for a a *
tricgh s arc irnlteCi for pulic recrou aondal purouni; the ounter-
wa ri.:ter, sutplyuthori ,..y: tfcr thec costs hat- thoe conr bue tohc landtl

and pe.nn rih ouJadcnrl h ad nwihsc









rii7 n \& .t-III in .n1d f roim ll 1, l1and .in whi ch :;uchl ri .Iht U; are rantcd.

S1) In the cventl Pinclla:;, Pasco and Ci.ty hallil, at any

time in the future, abandon the perrlancnt well field, if constructed,

Pinellas, Pasco and City shall notify the District of such determi-

nation, and thereafter, Pinellas, Pasco and City shall have 'the right

to remove any and all parts of their installations upon the prop-

erty of the District; provided, however, that such installations

or parts thereof shall be removed by Pinellas, Pasco and City within

a reasonable time and Pinellas, Pasco and City shall cap, or cause

to be capped, all wells left in place, or plugged at the expense of

Pinellas, Pasco and City upon the determination by the District that

the wells must be plugged instead of capped.

m) In the event Pinellas, Pasco and City shall determine

that Cypress Creek is not suitable for development as a well field,

or shall abandon the permanent well field, if constructed, Pinellas,

Pasco and City shall be entitled to be repaid, without interest,

by the District, for all actual costs paid by Pinellas, Pasco and

City to District in connection with Phase 1. Such repayment shall
be made from any moneys available, or becoming available to the

Hillsborough River Basin Board for Cypress Creek water storage land

acquisition purposes.

n) The parties further agree that nothing contained

herein shall estop or in any way prevent the District from further

regulation of the withdrawal of water from the aforementioned well

field, as the District is authorized and directed to do under and

pursuant to the laws of the State of Florida, and provide, further,

that notwithstanding any of the provisions contained herein, the

withdrawal of water from the aforementioned well field shall, at all

times, be subject to the applicable laws of the State of Florida

concerning consumniption, appropriation, and regulation

of water, as provided in the laws of the State of Florida and.the

a-,pp)ical]: rules, and requl-tl ion:: of the Di:strict that are in effect

at the t.iml-e of t_)(h.,e ex cut:ion of this; agri c eemn.itL or a amoilnded by





w Y: i



the,' .1,'.1 : of tOr .l..i.c of 110.,:.id(I

6. Pinell.1.,>; lPasco and City shall each contribute one-tl- i.rdt

of tlhe fund;d required to meet the need; prescribcd in Phas;Or 1, -2

and 3. Failure to contribute any funds when required shall .-e:;-lt:

in a partial default. Upon such default the interests of t1*- pc.rties

shall be re-divided proportionately in the same ratio as each ha; con-

tributed to the combined costs.of Phases 1, 2 and 3.

7. Pinellas, Pasco and City agree to negotiate and execute a

separate agreement setting forth the manner in which Phases 2 and

3 will be handled and the methods by which decisions by the parties

will be made, supervised and administered and the inter-relationships

between the parties.

7A. All parties agree to cooperate with each other in all re-

spects necessary to carry out the terms of this Agreement as expedit-

iously as possible.

8. Hillsborough River Basin Board hereby affirms that, at a

duly constituted meeting of its Basin Board on the day of

1973, it approved the terms of this agree-

ment and the execution thereof.

9. The Southwest Florida Water Management District hereby

affirms that, at a duly constituted meeting of its Board of Governors

on the day of _____ __ 1973, it approved the terms

of this agreement and the execution thereof.

10. Pinellas hereby affirms that, at a duly constituted

meeting of the Board of County Commissioners on the day of

1973, it approved the terms of this

agreenrent and the execution thereof by Pinellas.

11. Pasco hereby affirms that, at a duly constituted

mooeting of the Board od County Commissioners on the day of

1973, it approved the terms of this

agreement and the execution thereof by Pasco.

12. City hereby affirms that, at a duly constituted m:oot.ilvj

of the C.ity Cou;ncil on t:hc') day of 1973,

it appr'vc'd t.lhi t'ermi:: of lh i: ;i ('.i)-. nl and I he execul(- ion therYC of

by C.ity.

____________________________________> *.. *.; ;- g^









3.3. ThiJ gjE- i n coir; t i t ut ]::; t nt i re i(j)-(I<-gnt nlt e-.:-'n

tho p rt .i::; h r'e1t.u, and ;any ch.ngje, :;u]ip l ii:nlt, miodiiiciatLio o

correction of, or alddCendulm to, this agr(-mc-i'nt mu:t be in wvi -ing

and signed by the parties. lcercto.

*IN 'WITfESS H1IER1EOF, the parties hereto have executed Ih.::

agreement the day and year first above written.


Signed, scaled and delivered
in the presence of:


SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT


Chairman


As to Southwest Florida Water
Management District


Attest


Secretary


HILLSBOROUGH RIVER BASIN


As to Hillsborough River
Basin


Chairman Ex-Officio

Attest
Secretary


SPINELLAS COUNTY


Chairman, Board of
County Conmissioners


As to Pinellas


Attest


Clerk of the Circuit Court


PASCO COUNTY


As to Pasco


Chairman, Board of-
County Commissioners

Attest
Clerk of the Circuit Court


CITY OF ST. PETERSBURG


As to City


?Mayor


Attcst C
City C.crk




( (

CY I'I,',. ''., (.1:1 1 K "
1. 001) I I) I 11I I11 A Ar A

Septcembet r i', 1973

From a point on the nortlIr..'csterly right of waiy line of S.R. 5/1, at it'.
intersection with the easterly boundary of SECIIO); 15, TOi.UlSIIIP 26 '*0' li,
RANGeL 19 EAST, Pasco County, Florida, the POI;T~ OF BeGI;, ,I i;

Run thence northerly, along said section line, to the NIE corner of :-,:ai
Section 15;

Thence westerly, along the northerly boundary of said Sectior: 15,
to the NW corner of the NE 1- of the NE -. of said Section 15;

Thence northerly to the 11W corner of the SE 4 of the SE 1 of Section
10, Township 26 South, Range 19 East;

Thence westerly to the NW corner of the SW! ) of the SE of said
Section 10;

Thence northerly, along the centerlines of said Section 10 dnd
Section 3, Township 26 South, Range 19 East, to a point on the southierly
boundary of Section 34, Township 25 South, Range 19 East;

Thence westerly, along the southerly boundary of said Section
34, to the SW corner of the SE of said Section 34;

Thence northerly to the NW corner of the SW of the SE of said
Section 34;

Thence easterly to the NE corner of said SW of the SE k;

Thence northerly to the NW corner of the NE 1 of the NE of said
Section 34;

Thence northerly to the NW: corner of the SE k of the SE o of said
Section 27;

Thence easterly to the NE corner of the SE k of the SE I of said
Section 27;

Thence northerly, along the easterly boundary of said Section 27 and
Section 22, Township 25 South, Range 19 East, to the HE corner of the SE k
of said Section 22;

Thence easterly to the SE corner of the NW of Section 23, Township
25 South, Range 19 East;

Thence northerly, along the centerlines of said Section 23 and
Section 14, Township 25 South, Range 19 East, to NE corner of the SE
of the SW of said Section 14;

Thence westerly to the U-NW. corner of said SE I of the S-W 1;

: Thence northerly to the HE corner of the SW 1 cf the NW of said
Section 14;

Thence easterly to the SE corner of the NE 4 of the N.W 4 of said
Section 14;

Thence northerly to the NE corner of the iNW .; of said Section 14;

Thence westerly to the NW corner of said Section 14;


Sheet 1 of 3






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Cyl|"e'.'.. I. I "'. '.'i h io "' Scpt.-:;'-> "'., 1973


Sli-,i" :.,'u lhr I:,' i .l 'l ,1 1 .f rl. rly hI1' ndrla.ry of '..id S:ct i'o 14
to the 1 ('M m lwr of HIl: I'.M '., of :, i(! ,r. i( 14;

1lh nu' wIe:,tc'rly, ;ilon'i tlI,'., ce( t.crlinii' of Section', 1) and 16.,
To1v'inf hip ?' South, .iie 19 a-Il., to thl. NW corner of the IJL ,i of the SE 'i
of 'said Section 16;

Thence southerly to a point on the nortlherly ricjht of way line of
-the Seahuiboar Coastline Riailroad at its intersection with the westerly
boundary of the SE 4 of the SC ., of said Section 16;

Thence soutlih-:;eterly, along said railroad right of way line,
to a point on the easterly boundary of the SlW ; of said Section 16;

Thence northerly, to the NE corner of the SE of the SW !. of
said Section 16;

Thence westerly to the NH! corner of the S;W 1 of the S!W ) of said
Section 16;

Thence southerly, along the westerly boundaries of said Section 15
and Section 21, Township 25 South, Range 19 East, to the SW corner of the .':'. -
of the NH of said Section 21;

Thence westerly to the IN corner of the SW k of the NE of Section 20,
Township 25 South, Range 19 East;

Thence southerly, along the centerline of said Section 20, to the
NE corner of the SE 4 of the SW of said Section 20;

Thence westerly to the lI.W corner of said SE -4 of the SW k;

Thence southerly to the SW. corner of said SE 1 of the S.W ?;

Thence easterly to the SE corner of said SE 1 of the SW k;

Thence southerly to the NE corner of the S.W of Section 29, Tow;nship
25 South, Range 19 East;

Thence westerly to the INW corner of the N:E of the SW -I of said
Section 29;

Thence southerly to the SW corner of the SE 4 of the SW 4 of said
Section 29;

Thence westerly to the SW corner of said Section 29;

Thence southerly, along the westerly boundary' of Section 32,
Township 25 South, Range 19 East, to the SW corner of said section;

Thence easterly to the NW corner of Section 5, Township 26 South,
Range 19 East;

Thence southerly, along the westerly boundary of said Section 5
an(r Section 8, Township 26 South, Range 19 East, to the SW corner of the
NW of said Section 3;

Thence easter'y to the SE corner of said N:W 1';

Thence southerly to the SW corner of the SE of said Section 8;

Thence southerly to the NE corner of the SE i of the NW '. of Secti;e
17, Townsihip 26 South, Range 19 East;



Sheet 2 of 3




... ,d / .. I









ThiriIc i(t:.tr ly to I lIc Ili corint 'r of .,id l ; of thll 11 ;

Thence s .outl.hrrly to :he SI~ co-rnl r of tle lE '., of the ill ., of Section
20', To:.'n:islipl 26 South, lRanige 19 Last;

Thence easterly to the NE corner of the SI .i of the IIE of said
Section 20;

Thence southerly to the SW corner of the SE of the NE of Section
29, Township 26 South, Range 19 East;

Thence easterly to the NE corner of the SE of said Section 29;

Thence southerly to the SE corner of the NE 14 of the SE 1 of said
Section 29;

Thence easterly to the SE corner of the NW of the SW of Section
28, Township 26 South, Range 19 East;

Thence southerly, along the westerly boundary of the SE of the
SW h of said Section 28, to its intersection with the northerly right of way
line of S.R. 54;

Thence easterly, northeasterly, northerly and northeasterly, along
the northerly and westerly right of way line of S.R. 54, through Sections
28, 27, 22, and 15, Township 26 South, Range 19 East, to its intersection
with the easterly boundary of Section 15, Township 26 South, Range 19 East,
the POINT OF BEGINNIIIG.


*


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- a. -


Description:


Tract 1 The West One-half (W 1/2) of Section 24, Township 25
South, Range 19 East, lying in Pasco County, Flor-,.a
containing 320 acres more or less.


Tract 2 All of Section 23, Township 25 South, Range 19 East,
lying in Pasco County, Florida, containing 640 acr-~
more or less.


Tract 3 The East 311.93 acres of Section 14, Township 25 South,
Range 19 East, lying south of the Seaboard Coastline
Railroad Right of Way, lying in Pasco County.


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f























EXHIBIT C


Annually, Pincllas, Pasco and the City shall retain a certified public

accounting firm to determine the "unit cost" of the water being produced in*

the Cypress Creek well field. The "unit cost" is to be based upon the capital

costs and operation and maintenance costs of producing the water. The capital

costs shall include, but not be limited to, the costs of land acquisition, the

planning, design and construction of the well field facilities, the supervision

of construction of the well field facilities, and the interest and other costs

incurred in financing the acquisition and development of the well field.

































Exhli!)il_ P.;:(. o!








SOUT!ilt.'ST LO.(.,,I[A !All.I.: !,i'/ ,AV El.,:r .",ISTr'ILT (,i l.,IIATnI.Y)


Ill IE:

THE OPERATIC; BY PIN!ELLAS ,ORf'ER [U;::-ER. 73-3R
COUNTY CF THE ELDRIDGE-lIlI;E ) (SUPPLEi;E!PTI;G OLRDR iIUMBER 7?2-
WELL FIELD IUI PINELLAS CCUMITY DATED lECE!C'IER 13, 1972, AS
AiD IIILLSBOCROUGI COUNTY, FLORIDA A;EI:DU CY Cr,.Di ,,Ui:BER 73-2E
DATED JULY 11, 1973)


This matter came before the Board of Governors of the Southwest Florida
Water lHianagemnent District (Regulatory), hereinafter referred to as "Board,"
at a public hearing duly and properly held before the Board on July 11, 1973
notice having been duly given to Pinellas County, a political subdivision of

the State of Florida, hereinafter referred to as "County," for the purpose

) of promulgating further orders dealing with that certain well field operated
by Pinellas County in Pinellas County and Hillsborough County, Florida known

as the Eldridge-lilde Iell Field, relating to implementation and enforcement
of provisions contained in Order 72-4 entered by this Board on December 13,
1972, including modifications thereto, and the County having been present and
represented by its counsel at said hearing, and the Board, having carefully
considered the testimony presented throughout the day long hearing, and
having continued said hearing until Septem:ber 12, 1973, at which time the

County was again present and represented by counsel, and having taken addi-
tional testimony, does find as follows:

( 1. That Pinellas County, a political subdivision of the State of Florida,
operates a well field, known as the Eldridge-lilde -Well Field, located in Sec-

tion 1, 11 and 12, Township 27 South, Range 16 East, and Section 6, Township

27 South, Range 17 East, for the withGrawal of groundwater.

2. That the lands described above, and the ground-.;ater withdrawal there-

from, are within the boundaries of the District, and the withdrawal therefrom
is subject to the rules, regulations and authority of the District.

3. That there now exists the necessity for regulating the withdrawal of
water from said well field, in order to obtain the most beneficial use of the
w water re.source.s of the State and to protect the pulllic health, safety and

wlfare and tlh inL(rests. of Lhe Lw atr s.ers affcLted.

IT IS 111ll ill'O;t 1R(UIRL.D AS FOLL(UIIS: Exhibit Page o ____







1. a. The averaTf. dally uti. u,1 froi: uch w,'ll field shall not

excc(ed 3G i.ijdJ ar; Ileas;urud cu:;iulativwly from Septc:inbr 1, 1973.

b. Such average daily withdra.wail shall not exceed 28 ngd after

April 15, 1974.


c. That the maxrinr.u daily withdrawal shall not exceed 44 ngd.

2. a. That aquifer testing of the well field shall be conducted under

direction and supervision of the District prior to February 1, 1974.

b. That a public hearing shall be held at the board meeting next

following completion and analysis of such aquifer testing to consider estab-

lishing regulatory levels and controls in lieu of maxinu~ withdrawal rates

set forth hereinabove.

3. That reports of withdrawals for each preceding weekly period shall

be made by Pinellas County to the District by telephone not Tater than 4:00

p.m. on the following Monday and certified in writing by letter posted not

later than Ilonday midnight on forms to be provided by the District.

4. That weekly periods shall commence at 12:01 a.m. on Saturday of

each week.

5. That Pinellas County shall:

a. Immediately complete pumping tests of wells in the vicinity of

C. East Lake Road, keeping the District advised of progress on a weekly basis.

b. Proceed immediately with installation and testing of additional

wells in the vicinity of East Lake Road in Pinellas County completing con-

struction of two such wells by January 1, 1974; of two such wells by Febru-

ary'1, 1974 and of the last two wells by lHarch 1, 1974.

c. Proceed immediately with construction of weirs or other neces-

sary facilities to reduce runoff from the well field property completing

construction by Iovcmbler 1, 1973.

d. Ii;!:ediately proceed v.with implementatioii of recharging the shallc-.

(- sands of 1 drid(e--Uildcl Ue I Field with (exc.s water.


Exhibit .2J'Pa~ g -o.IL-

-2-
..__________________________________________* ^ *





-. ( (

c. lI.inat eand enforce a County or
water from the Pi ,llas County sy.st(:e prohibiting sprinkllin.l of lawns and

C ornaul;entals during the daylight hours.

f. Encourage and support Clearn:ater in its efforts to install addi-

tional wells.

g. Encourage and support municipalities and others, if any, to safely

tap the aquifers within their respective jurisdictions.

h. Effective prior to October 1, 1973 require shallow irrigation wells

and distribution systems for new developments which require irrigation.

i. Require low volume water closets for all replacements and all

future construction throughout the County effective not later than January 1,
1974.

j. Require maximum use of retention ponding of storm runoff water

for irrigation purposes for all future developments effective prior to Octo-

ber 1, 1973.

k. Force the abandonment of all special irrigation water meters

throughout the Pinellas Coiunty 'latcr System (P.C.U.S.) prior to January 1, 1974.

1. Require municipalities being furnished wholesale water from P.C.U.S.

to prohibit installation of meters of a size that would provide for lawn sprin-

-. kling in conjunction with domestic use after October 1, 1973.

m. Continue the surcharge schedule previously adopted by the County

to promote water conservation; complete a water rate study and implement recom-

mendations by January 1, 1974.

n. Require that County and City public grounds use shallow wells, re-

cycled water or surface runoff for irrigation after January 1, 1974.

o. Conduct studies on the recycling of waste water, Including force

main punmpiingj of effluent to recharge areas, and re-quire development of re-

cycling systtres.

1p. Conduct an aggrlsl' ivc public relations program encouraging the

ci ti .nry Lo pact (:1ce water co:n-ervation).
Exh ibit_ Page -3 ofl-

_- 3- .. < i,





- .


q. Suli;t written proires- rc('lurts on all iutcis to the t i.Dir;ct ih;y

the .first of each month.

6. That a plan for tlie allocation of water to any user, as provi:>!:i

for in the Uater Resources Act of 1972, as amended, has not been put int

effect by the District at the time this order is entered; therefore, th.

District is unable, at this time to make any allocations of water to any u;er,

and this order is not to be considered in any way as such an allocation of

water.

7. That this order is supplemental to Order number 72-4 heretofore

entered by the Board on December 13, 1972 as amended by Order Number 73-2R

dated July 11, 1973.

DONE and ORDERED this twelfth day of Septcnbcr, 1973.


SOUThI NEST FLORIDA UATER IA. AGUNT
DISTRICT (REGULATORY), BY ITS
GOVERNIING GOARD

SEAL

By: -ii
DERRILL S. ICATEER, Chairman

Attest:



TtOi.J\S >1i. VAf DER VEER, Assistant Secretary


Exhibit _Pni gc Lof


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CYPRESS CREEK
OPERATIONAL
AGREEMENT





























EXHIBIT "C"


1 44




r '.


AGRE E N. E N T

FOR THE DEVELOPMENT AND OPERATION
OF Til
CYPRESS CREEK WELL FIELD



THIS AGREEMENT, made and entered into this 30th day of

August ., 1974, by and between PINELLAS COUNTY,

a political subdivision of the State of Florida, hereinafter

referred to as "Pinellas", and PASCO COUNTY, a political sub-

division of the State of Florida, hereinafter referred to as

"Pasco", and the CITY OF ST. PETERSBURG, FLORIDA, a municipal

corporation, hereinafter referred to as "City".


WI TNE S SET H:


WHEREAS, Pinellas, Pasco, and the City have entered into

agreements with the Southwest Florida Water Management District

(herein called "District") and Hillsborough River Basin Board

for the cooperative development of a well field to be known as

the Cypress Creek Well Field within the Cypress Creek Flood

Detention Area located in Pasco County; and

WHEREAS, Pinellas, Pasco, the City and the District have

entered into the Cypress Creek Agreement whereby the said

parties will purchase the lands described therein for the

joint use described previously with the District paying one-

half of the total acquisition cost of said lands and Pinellas,

Pasco and City paying the remaining one-half of the acquisition

costs of said lands; and

WHEREAS, Pinellas, Pasco, the City and the District be-

lieve that it is for the best interest of the public to develop

a regional well field in the Cypress Creek Flood Detention

Area; and

WHEIEAS, Pinellas and the City have entered into an

areement for the installation and operation of an 84-inch

transmission main from the Cypress Creek Well Field; and











\ ~ '. "..








W;EREAS, Pinellas and the City are currently suppliers

of water to the public; and

WHEREAS, Pasco has the need to develop an adequate water

supply to meet the needs of its citizens and to improve the

health and welfare within Pasco County; and

WHEiREAS, the development of the Cypress Creek W'ell Field

as a public "water supply will supplement the Pinellas and City

water supplies and provide a water supply for Pasco;

NOW THEREFORE, in consideration of the mutual covenants and
-i
conditions herein contained and for other good and valuable

considerations, the parties hereto agree as follows:

1. Pinellas, Pasco and the City shall each participate

in a joint venture for the purpose of developing a regional

well field on the lands to be acquired by the Southwest

Florida Water Management District, Pinellas, Pasco and the

City and known as the Cypress Creek Flood Detention Area.

2. Pinellas, Pasco and the City shall be entitled to

share equally in the total cost of each phase of dvelopmen

of the regional well field. The cost shall include, but noc

be limited to, land acquisition costs, as described in the

Agreement, dated November 14, 1973, between the Southwest

Florida Water Management District, the Hillsborough River Basin

Board, Pinellas, Pasco and the City, engineering costs, con-

struction and installation costs, and all other costs incident

thereto. The well field shall consist of wells, puzps, pipes

and appurtenances, collector pipes, pumping stations, treatment

plant, power distribution facilities, access roads and any other

buildings-and facilities necessary for the operation of the well

field and the production of water therefrom.

3. It is envisioned that each of the parties shall have

a one-third (1/3) interest in the venture; however, each

party's interest shall vary in direct proportion to its con-

tribution to each phase of development. Each party shall






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* _-


-<* ,








.... ;.. right LO a percentac of the quantity o water capable

of bein-; product from the regional well field at that particu-

lar tilm. Said percentage shall be determined by the party's

contributions to each phase of the develop.,ent of the regional

well field. As used herein "phase" shall mean the develop

of a specific a-ount of production capacity to supply water and

shall include- but not be limited to, the construction. of the

works, furnishing of equipment,, costs of surveys, engineering

studies, exploratory works, designs, preparation of construction

plans and specifications, acquisition of lands, easements, and

rights-of-way, and relocation work.

As an example of the computation of such percentage:

Assume (1) Phase 1 of well field has been
completed. -

(2) Pinellas County contributed 1/3
of funds for Phase 1.

(3) Phase 1 is capable of producing
9 j.g.d.

Under this example, Pinellas County has the right to
one-third (1/3) of the water capable of being produced,
which at this time is 3 m.g.d. See also the example in
Para.;raph -1 below for determination of party's interest
in multi-phase development.

As each phase of development is entered each party's Per-

centage shall be redetermined. The Percentage shall be deter-

mined by the following forrcula:

P = Percentage D = Design Capability
Party's P = [Party's % of contribution to Phase 1 (D of
Phase 1) + Party's % of contribution to
Phase 2 (D of Phase 2) .
[D of Phase 1 + D of Phase 2 + ]

4. When any party chooses not to exercise a full one-

third (1/3) participation in any phase, each of the remain-

inc two parties shall have the right to assum.-e at least one-

half (1/2) of the reaiining u: exercised rights, duties,

interests and responsibilities of the party not desiring to

be a full one-third (1/3) for that phase of development.

For example:

Asc~ue: (1) 'hase 1 has ben developed at a
cost of "$9 million.




-3-


'* '.''^i^SH


",










(2) In Phase 1 all parties hared the
cosus equally C$3 million each).

(3) Phase. 1 is capable of producing
9 .n.g.d.

(4) Phase 2 i- ready for 'develce.t.

(5) Under Phase 2 on-ly Pi. lla ard
Pa1sco will share the cos-s equally.

(6) Phase 2 will cost $16 million and
will be capable of producing 6 ...

33 1/3% (9) + 50% (6)
Pasco's P = 9 + 6

3 + 3
= 15

0
= 15

= 40%

With the completion of Phase 2, Pasco, Pinellas and
the City will have the rights to forty per cent (0,
forty per cent (40t) and twenty per cent (200), respec-
tively, which in this case is 6 r:..g.d., 6... .
3 rm.g.d., while each has co:.tributed $11 illion, $11
million and $3 million, respectivevy, to the c.-atr-ucion
of the well field. Th: Perce2age, not c qy,
represents each party's in._rest. In ot:r r. .., .c
and Pinellas each have :the ric; to 40-. of the
being proXduce from the well field.

5. 'Prior to the development -of a ncw p:.. th ;-:l .

menrt Board shall define the scope and e:tent of tho new ph-s-.

except as provided in paragraph 16. Thereupon, each prty shall

have the right to one-third (1/3) participation in that pa,

regardless of interests presently held.

6. When determining the interests of the parties, the

interest shall refer to the whole well field rather zth.n to

each of the separate phases that were used as a basis for the

determination of phase interests.

For example:

Assume: SOme as in aragrap. above.

Once a phase has been completed and in operation it
is of no significance fro. which phase a party gets
is of o s. b. --cac--Vro
its wa er. Although Pasco and Pine-llas each paid for
3 na.g.d. from Phase 1 acd 3 -.g.d. from Phase 2, it
is of no consequence from which phase the waterr coC.es.
''he important fact is that Pasco and Pinellas each
have -he right to 40G of the present production capabii-~zy
of the field.


4









7. If for any reason, including but not limited to,

accident:, acts of God or regulation, the well -field is incapable

o producing the quantity of water it was designed to produce,

each party shall only be entitled to its Percentage of the then

actual production of the field.

For example:


Assume: (1) The same facts used in the ex-
a:cple in paragraph above,
except now assume PIase 1 and 2
are completed and operational.

(2) Because of an accident Phase 2
can only produce 7 m.g.d.

The parties have the right to a percentage of the
well field production. Now the well field produc-
tion is only 10 m.g.d. and Pasco's, Pinellas' and the
City's interests, when described in ter.s of quantity
of water, are 4 m.g.d., 4 m.g.d. and 2 m.g.d.,
respectively.

8. The total annual cost of the well field shall be

paid by revenue received for the water actually produced for

the parties hereto.. The cost of the water to the parties

shall be based on the quantity of water used by the party,

not on that party's right, interest or P:ercentage in :he

well field.

For example:


Assume: (1) Pinellas, Pasco and the City have
the right to 4C0, 40- and 200 of the
water capable of being produced
from the well field.

(2) Pinellas is using 10 m.g.d. and
the City is using 5 m.g.d.

The daily cost of the water to Pinellas will be the
unit price of the water times 10 million gallons.
Likewise, the daily cost to the City will be the unit
price times 5 million gallons.

9. The annual costs to be paid with the revenues shall

include, but not limited to, all cosLs of operation, repair,

replacement, planned modification and expansion, return of

contributed capital together with interest thereon as herein-

afcer provided, annual debt service on bonds issued to finance

the respective parties' interest in the well field, and the cost

of the annual audit as provided f6r in paragraph, 15.




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_________- -..^









10. An annual budget shall be prepared and approved by

the M.angement Board. The budget shall include forccat-ed

exlpnses for operation, replacement, repair, modificatiorn,

expansion, capital costs, includingC- principal and intere-

and a reserve for contingencies. The reserve for cotingecies

shall be sufficient to provide coverages of net inco..e to debt

service required by covenants of each and all of the bond

issues providing funds for this joint venture and said coverage

shall be no less than 125% of the debt service. The amount of

the coverage shall be limited to debt service on only those

funds of each issue actually invested in this venture.

11. The revenues providing the coverages and remaining

after payment to each party of its annual principal, interest,

and paying agent fees on the debt of the party's contributions

to the venture shall be held in trust by the Management Board

for all of the parties and be used to defray expenses for th'

following year.

12. The interest cost to be paid to each party shall be

the actual annual interest paid by each party, on the paL-icu,.-

lar indebtedness used to finance the improvements contemp .~ed

herein. In the event one or more parties advances money to

the venture that has not been borrowed, then the party shall

be entitled to interest on its money equivalent to the average

interest rate paid by the other parties on bonded indebtedness

for the well field.

13. The unit price of the water to be paid by the water

using party or parties shall be determined by dividing the

approved annual budget by the total production estimated, for

the budget year. All watcr using: parties shall be billed cr

a monthly' basis at the annual raue per thousand gallons used

during the month. Payments shall be due within twenty days

from: receipt of the monthly bill. During the budget year

should the Mancgjemrnt Board determine that the unit price is

insufficient to meet costs as herein defined, the rates shall


-6-


~"~" ~-~










be incr_, accordingly.

1-. Pincllas County shall be the operaor of th:e well

:-wL.d, t-hall keep records; of operating ar.c financial data and

c:t.in 1 necessary permits. All financial .c.a and operating
.-J
rucoriis ;hall b~e open to inspection at -cizslle ti::. cs up:;

request Pincilc:z; County -`hall be roi..bursc. resonb coac

of performing such service.

15. An annual audit shall be performed by a certified

pu'iic accountan-c.

16. Decisions for expansion of the facilities shall be

r;atde by a majority of the Management Board. However, should the

Management Board determine not to expand the facilities, any party

hereto racy expand production facilities ct its own cost. All

expansions must be approved by the Man;ageent 3oard to insure

compatibility with existing and planned facilities, and said

approval shall not be unreasonably wit:hhold. Pare p i-

p ting in the expansion of facilities r:.v expand an:d e exi

or plan.ne facilities without charges c..er ;than thoe rov

zor nherein.

17. The Management Board shall i-ediately authorize

the following engineering work on the well field.

(a) A hydrological investigation of the entire

proposed well field to determine the probable yield

of the field. This investigation shall be completed

prior to December i, 1974, unless extended by mutual

agreement of the parties hereto.

(b) The design of Phase 1 of the well field.

Q'he area of Phase 1 is shown in Exhibit A.

(c) Design of the facilities and supervision

of che installation of the pumps, piped and

appurtenances for Phase 1 of the well field.

18. The parties hereto agree tha for the two years

following the execution of this Agreement no party shall be

requested to contribute to the cost of any phase of development


-7-











-











c:utu o cstts to th. h a :t.c. nCC c! c s s
e..oe ".r5S 1. Provid-dl howitzer, oif during this r':o year 'ariod
.o:.ard the Manac.:ar.ent Tohrd or a-.ll party or p.Crivc expend ::.;niiS








or t' Cos o velOp ..T;c:. 0 -'.*.. a.-,.

on-co..trbutir.g party 0 t ..y i.. ':... yr.-

l ,l of e. cO t-o, of "i : O .. .... :....- rp a...'.. so t
o.an r..,-:t Bosrd or co_.Lbe t...i. p_.ty aor ..... 'ti5c" -or C...'..







toual cosas to the exter. necessary alo iv. t .c.--co .ri i.:
,.rty or parties a full o..e-tnhird (1/3) interest in .... v.n-.r-.






i19. Anliy party r.ay sl to the_: other tw o pria or prt
OV its o'airship or inttrhsts oan tho field. lch oP thC : ot r

prtie. may purchase at ll.est -o-C-h.clf o -- tha iunriao vc









a A. .
selling party. Should each of the other two prti-.. Jcl....





20. .Managerient d ecisiorns shall be made :-by a --.vh-......

Board. The Mana- rG"e t Bor. s...a.. co7-s.-s, of .i.v r- ..... .. ,......r .-
rlac ,~nc.e s e .' [ ant any Oh...e-


two fro.' r Pasco Counvty and r- earch rOc:.: A'ill:;:.s CoC:v.y :.... a'

City of St. Petercvaurg and oone .:.r...r a".. lar;.. a :- v: .

County r .pr. sent.v h.....a2 be -he Ch".ir..c. .. "rd o. > ....'- ... ;...ru

Finell.as County, Florida, and the City of St. Pec-c:r;.g -'- '-..:... -.'cc-

tivc shall be the Mayor of the City of St. P ,tcr-bur,, "lor_."

.'he two Pasco County representatives small be the Cl-airan "

Vice-Chairman of the Board of Comr.Tzissioners, Pasco County, Lor-i ..

The ame.-ibaer at large shall be selected by a unanirao-us vote or t.:-

other four members. The member at large shall be s-el.ec.d ao .. -:.-

first meeting of the Managem..ent Board and shall serve one year

ters. :The member at large shnal e entitled to vote o -y -i '.. -

eve*i of a tie vot :e ..o.g othr .i :. .-.'. -.:.:_ ..



rep.ace;.'..n ts, renewals, e:-:pansions, and any other decision not

scifically reserved to a party in this v Agree'.:e..t. 0 ". ...rs

requiring approval of the :-:'.ager.>i't Board, a majorityy vote 6."-11

21 required.

21. There shall be no assignm.r.encs of any interests here-









. .... ..'* :.,o; t:;e prior written cc nsent of th. p-rtie;. here ,

vicd however1 assCignn.cis in conncczion with d or

Zi;rncingj thc conitruction of the woll field Vay be 'du with-



22. The prtics hereto anticipate the for:.;:tico of a

.ui:.oz.dl W'ator Sapp.y Authority pursuar.n to the oviof

Chapter 74-114. Accordingly, upon the fo-.rl etabli: ent d

f finding of such an Authority of which all parties hercto shall

e mra Lezrs, it is the intent of the parties th~t the facilities

which are the subject of this Agreement shall be conveyed to

such Authority on terms acceptable to the parties and nothing

nerein contained shall be construed to prohibit such conveyance.

IN WITNESS WISREOF,. the parties hereto have executed this

Agreement the day and year first above written.


Signed, sealed and delivered
in the presence of:


,' /./..,.:-,, .'*. ., .. _______
/ '

r. oc 2 -?
A .S d^co Ci y


TPI'ELLAS COU."TY '


t X > -..J. ... Ak -


Attes ^ ,
Cie.k of tbhe C 2citL Couzr



PASCO COUNTY


By / /
nla-rman, Board o Co'ri~sioners


Attest ___
Clerk ort -ESCircuit Ct-



CITY OF ST. PETERSBURG



Mar r


Attest 4- r
City Clerk




"City Manager


-9-












































TRANSMISSION LINE AGREEMENT
WITH ST. PETERSBURG
AND PINELLAS COUNTY


EXHIBIT "D"


-:~-~CYI




f o,




AGREEMENT


THIS AGREEMENT, made and entered into this ]cth

day of July 1973, by and between Pinellas County,

a .political subdivision of the State of Florida, hereinafter

referred to as "County", and the City of St. Petersburg,

Florida, a municipal corporation, hereinafter referred to

as "City".

WITNESSETH

WHEREAS, a need exists for both the City and the

County to build transmission mains for transmission of potable

water from well fields in Northeast Pasco County to existing

City and County well fields; and

WHEREAS, construction of one larger transmission

main for joint use would cost less than construction of two

smaller separate mains for separate use; and

WHEREAS, construction of such a joint use trans-

mission main would provide for the interconnection of four

of the City's well fields with two of the County's well fields;

and

WHEREAS, by separate agreement the connection of

the City to Hillsborough County is anticipated and further

connection between Hillsborough County and the City of Tampa

is contemplated, the construction of such joint use trans-

mission mains would be the first step towards connection of

water supplies on a regional basis for the Tampa Bay Pasco

Area

IT IS, THEREFORE, MUTUALLY AGREED TO AS FOLLOWS:

1. The County and the City shall jointly construct

a transmission main to be located in the railroad right-of-

way known as the Atlantic Coast Line Railroad S. & St. P.

R.R. Trilby to St. Petersburg beginning at the City's pro-

posed Cypress Creek well field and ending at the City's

attached hereto and made part h f toL detail des ptin.

attached hereto and made part hereof to detail description.)










The TrPnsrpiScinr main will h referred to hereafter as "main"

and will include that portion described above up to but not

including connection valves. All other extensions to this

main will not be considered a part of this agreement.

2. The County will be the agent for construction,

letting all contracts for construction and making all payments

for work completed, all construction shall be let by competi-

tive bids, the lowest and best bidder being selected and ap-

proved by both governmental bodies.

3. The County's Consulting Engineers, Black Crow

& Eidsness, Inc., will perform all of the engineering services

required, such as, but not limited to design, inspection and

construction supervision.

4. The City and the County will review and approve

final design plans.

5. The City and the County will approve final con-

struction acceptance.

6. The City and the County will share in both regu-

lar maintenance and all costs of construction including fees

for engineering services, construction costs and other ordi-

nary and extra ordinary costs required for installation of

the line. These costs will be shared on the basis that the

City desires 50 mgd capacity and the County desires 80 mgd

capacity. Therefore, the City shall pay for 50/130 and the

County shall pay for 80/130 of the total costs and all regu-

lar maintenance costs.

7. The size of the line will be 84-inches in

diameter based on design criteria of a coefficient of friction

of 140, of water velocity of 5.3 ft/sec., and capacity of 130

mgd. If additional capacity is obtained from the main, the

City will share in 50/130 and the County will share in 80/130

of the additional capacity.

8. The County will perform regular maintenance on

the main with the City reimbursing the County for its costs
2 -





____________________________ __ ^ ____ ^ ______________* ...'- ^-L ^


*.










As -,;Tpcified in PAracr-rPnh 6. Reimbursement FJwi bpe o -an

annual basis.

9. To provide for uniform quality, water input

to the main will have the following properties:

(a) Less than .3 mg/L of Iron.

(b) Less than 0.1 Hydrogen.Sulfide.

(c) No less than 1.0 mg/L Chlorine Residual.

10. Should wells be constructed along the right-of-

way and connected to the main, their cost of construction

and water production will be shared in the same ratio speci-

fied in Paragraphs 6 and 7.

11. The County will finance the initial construc-

tion with the City beginning reimbursement of its share of

the expenditures as soon as the money is available, but in

no case later than one year from the date of execution of

this contract. After this period of delay to allow the sale

of. Revenue Certificates the City will thereafter reimburse

the County ninety (90) days.after the receipt of Notice of

Accounting from the County showing expenditures allocable

to the City.

12. All other municipal corporations and Pasco and

Hillsborough Counties are invited to make joint use of this

main on a cost sharing basis. The City and County can jointly

or separately agree with any other such municipal corporation

or county or other agency for the use of all or part of the

City's or County's own share of the capacity of the main.

13. Water produced can be transferred from'any

system to another at a rate of charge mutually agreed upon

by the two systems or be returned to the original supplier

within a specified time mutually agreed upon by the two systems.

14. The right-of-way for this joint transmission line

shall be a joint responsibility as to acquisition and shall

be paid for by the County and the City in the proportions

as set out above. The ownership of the easement and the
3 -









joint transmission line itself, and all wells and systems

jointly paid for shall be held in joint ownership as tenants

in common in the proportions agreed upon above. Either party

may buy, sell or lease its respective interests in the ease-

ment together with its interest in the transmission line and

Sancillary systems to third parties together with an assign-

ment of its contract rights without the consent .of the other.

Before this right exists, however, the remaining party shall

have the right of first refusal for six months at the sale,

lease or assignment price. Neither party shall invade the

capacity reserved to the other party without first making

appropriate contractual arrangements.



BOARI. OF COUNTY COMMISSIONERS
ATTEST: HAROLD MULLENDORE, COUNTY\OF PINELLAS
CLERK

By: _ _ _ BY
Deputy Clerk CHAIRMAN

CITY OF ST. PETERSBURG J


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DESCRIPTION:



TRACT 1 The West One-half (W 1/2) of Section 24, Township 25
South, Range 19 East, lying in Pasco County, Florida,
containing 320 acres more or less

TRACT 2 All of Section 23, Township 25 South, Range 19 East,
lying in Pasco County, Florida, containing 640 acres
more or less.

TRACT 3 The East 311.93 acres of Section 14, Township 25 South,
Range 19 East, lying south of the Seaboard Coastline
Railroad Right of Way, lying in Pasco County.


EXHIBIT "E"




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