Title: Contract entered into between Pinellas County and the West Coast Regional Water Supply Authority.
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 Material Information
Title: Contract entered into between Pinellas County and the West Coast Regional Water Supply Authority.
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Contract entered into between Pinellas County and the West Coast Regional Water Supply Authority.
General Note: Box 28, Folder 2 ( West Coast Regional Water Supply Authority Agreements - 1976-1982 ), Item 2
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004686
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 22nd day of
November 1976, by and between PINELLAS COUNTY, a

political subdivision of the State of Florida, (hereafter
cited as "Pinellas") and the WEST COAST REGIONAL WATER
SUPPLY AUTHORITY, a public body created pursuant to
Chapter 74-114, Laws of Florida, 1974 (hereafter cited as

"Authority").
WITNESSETH THAT:

WHEREAS, Pinellas and PASCO COUNTY, a political
subdivision of the State of Florida (hereafter cited as

("Pasco") and ST. PETERSBURG, FLORIDA, a municipal corporation
(hereafter cited as "City"), 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, Pinellas, Pasco, the City and the District
have entered into several agreements for the cooperative

development of the Cypress Creek Well Field within the Cypress
Creek Flood Detention Area located in Pasco County; and

WHEREAS, Pinellas entered into the Cypress Creek

Agreement of November 14, 1973, with Pasco, the City and the
District, whereby Pinellas, Pasco and the City 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, Pinellas entered into the Cypress Creek
Development Agreement of August 30, 1974, with Pasco, and the
City, 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

WHEREAS, Pinellas entered into an agreement with the

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

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

and

WHEREAS, Pinellas is the sole owner of a 66-inch trans-

mission main connecting the above 84-inch main; 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 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. Pinellas County 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 Pinellas' real property interests, a "Conditional Sale"

as to any personal property, and a "Conditional Partial Assign-

ment" 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 performed,

Pinellas 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 make the payments or any part thereof,

or to perform any of the covenants on their part hereby made


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and entered into, this Agreement shall, at the option of

Pinellas, be forfeited and terminated, and the Authority shall

forfeit all payments made under this agreement, and such

payments shall be retained by Pinellas inasmuch as said payments

represent a pro rata portion of Pinellas' actual investment,

costs and expenses and not a penalty, and Pinellas 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":

Pinellas shall convey to the Authority a deed, pursuant to

Fla. Stat. 125.411 (1975) of all of its right, title and

interest, arising out of the contract attached hereto as

Exhibit A in the lands described in Exhibit B, at the time the

Authority has made all payments due to Pinellas under this

contract.

(a) Such right, title and interest include

but are not limited to, Pinellas' equitable inter-

est in the lands described in Exhibit B, held in

trust by the District; and

(b) Pinellas' interest in permanent easements

and groundwater rights in land described in Exhibit

B; and

(c) Pinellas' interest in any groundwater rights,

perpetual easements or permanent rights of way for

the construction, reconstruction, maintenance, repair,

use and operation of production wells, pumps, col-

lector mains, pumping stations, transmission mains,

roadways, appurtenances and powerlines in, over,

through and across lands described in Exhibit B, to

be conveyed at a future date by the District.

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

AT CYPRESS CREEK: Pinellas shall convey to the Authority a


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deed, pursuant to Fla. Stat. 125.411 (1975) of all of its

right, title and interest in land owned by the City in
25
Section 14, 23 and 24, all in Range 19 East, Township i2 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 Pinellas under this con-

tract.

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

Pinellas shall convey to the Authority a deed pursuant to

Fla. Stat. 125.411 (1975), of all of its right, title 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 Pinellas under this contract.

(a) Such rights, titles and interest in-

clude, but are not limited to Pinellas' interest

in the right-of-way or easements for this joint

transmission line.

5. REAL PROPERTY INTEREST IN "66" INCH TRANSMISSION

LINE: Pinellas shall convey to the Authority a deed, pursuant

to Fla. Stat. 125.411 (1975), of all of its right, title

and interest in any right-of-way or easements in a 66-inch

pipeline more specifically described in Exhibit F, at the

time the Authority has made all payments due to Pinellas

under this contract.

6. RETAINED TITLE AND TIME OF POSSESSION: Pinellas

shall retain title to all interests described in Paragraphs 2

through 5 until such time as the Authority has made full payment

under either Paragraphs 16 or 17 The Authority shall

have possession and a right to use all of Pinellas' interests

in said property on January 1, 1977, subject to divestment

as otherwise provided for herein.


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CONDITIONAL SALE AND/OR CONDITIONAL ASSIGNMENT

7. NOVEMBER 14, 1973; CYPRESS CREEK AGREEMENT:

Pinellas hereby assigns to the Authority all of its rights

under the contract as attached hereto as Exhibit A, and
Authority hereby accepts and agrees to perform said contract

obligations except as set out in Paragraph 8.
(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 pur-

pose 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

operations in and about the Cypress Creek Flood

Detention Area, for which the District is legal-
ly liable.

8. Pinellas hereby delegates and the Authority hereby

assumes all of Pinellas' obligations and duties under the con-

tract attached hereto as Exhibit A, EXCEPT as to the following:
(a) The Authority shall not be liable to pay
Pinellas' portion of the money expended by the
District for the land acquisition above the

amount on deposit except as provided under Para-

graph 15.

(b) Pinellas retains its duty and obligation

to contribute to the development and construction
of the facilities until they are capable of pro-

ducing an annual average of 30 mgd.


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(c) Pinellas retains its duty and obligation

to indemnify and hold-harmless the District from

all claims, demands, suits or actions for bodily

injury which Pinellas County is legally liable,

arising out of or resulting from Pinellas'

operations in and about the Cypress Creek Flood

Detention Area until the Authority takes posses-

sion of these facilities.

(d) Pinellas retains its duty and obligation

to contribute to the cost and expenses of con-

structing the roadway for ingress and egress to

and from the permanent well field facilities.

(e) Pinellas retains its duty and obligation

to maintain the premises, all appurtenant structures

and improvements in a neat, clean and sanitary

manner until the Authority takes possession.

(f) Pinellas retains its duty and obligation

to paint and otherwise 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.

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

OPERATION OF CYPRESS CREEK: Pinellas hereby assigns to the

Authority all of its rights under the contract attached hereto

as Exhibit C, and Authority hereby accepts and agrees to per-

form said contract duties and obligations except as set out in

Paragraph 10:

(a) Such rights include, but are not limited

to, Pinellas' rights in specific joint venture

property; and

(b) Pinellas' interest in the joint venture;
and


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(c) Pinellas' right to participate in the

management of the joint venture at the time the

Authority takes possession; and

(d) Pinellas' right to be the operator of

the facilities at the time the Authority takes

possession.

10. Pinellas hereby delegates and the Authority hereby

assumes all of Pinellas' obligations and duties under the con-

tract attached hereto as Exhibit C, EXCEPT as to the following:

(a) The Authority shall not be liable for

Pinellas' portion of the costs of land acquisition

except as provided under Paragraph 15;

(b) Pinellas retains its duty and obligation

to contribute its portion of the costs for the

construction of the facilities until they are

capable of producing an annual average of 30 mgd;

(c) In the event Pasco does not wish to

participate in the venture, Pinellas shall have

the duty and obligation to purchase one-half of

their unexercised interest in the joint venture.

11. CONTRACT RIGHTS RE 84" TRANSMISSION LINE: Pinellas

hereby assigns to the Authority all of its rights under the

contract attached hereto as Exhibit D and Authority accepts

and agrees to perform said obligations except as set out in

paragraph 12. Such rights include, but are not limited to,

Pinellas' interest in the transmission line.

12. Pinellas hereby delegates and the Authority hereby

assumes all of Pinellas' obligations and duties under the con-

tract attached hereto as Exhibit D, EXCEPT as to the following:

(a) Pinellas retains its duty to share

with the City in all construction costs including

fees for engineering service, construction costs

and other ordinary and extraordinary costs re-


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quired for the installation of the line.

(b) Pinellas retains its duty to perform
regular maintenance on said transmission line

until the Authority takes possession.

13. RIGHT TO USE 66" TRANSMISSION LINE: Pinellas shall

assign the right to use to the Authority all of Pinellas'

interest in the transmission line facilities, more specifically

described in Exhibit F.

14. RETAINED TITLE AND TIME OF POSSESSION: The Authority

shall have the contract rights and duties assigned to it in

paragraphs 7 (November 14, 1973, Cypress Creek Agreement),

paragraph 9 (August 30, 1974, Agreement for the Development and

Operation of Cypress Creek), paragraph 11 (Pinellas County's

Contract Rights under the 84" Transmission Line Contract), and

in paragraph 13 (The Right to use the 66" Transmission Line) on

January 1, 1977.


II

PAYMENT

15. DETERMINATION OF PRICE: Authority agrees to

buy and Pinellas agrees to sell at a price which is equivalent

to the total expenditure of Pinellas County for its interest

in said lands and the facilities developed thereon determined

in the following manner:

(a) Within 150 days after the Authority takes

possession of the completed facilities, Pinellas
shall provide to the Authority certification of

its total expenditures for the facilities trans-

ferred under this contract;

(b) This certification shall be reviewed by
the Authority's Certified Public Accountant before

being presented to the Authority for acceptance;


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(c) Pinellas' compliance with this pro-
cedure is a condition precedent to the Authority's

duty to pay;

(d) In determining Pinellas' total expendi-
ture for the facilities described in Paragraphs

1 through 9 of this document, said expenditures

shall include, but are not limited to, the costs

of acquisition, engineering, construction, interest

and development of these facilities.

16. METHOD OF PAYMENT: Payment by the Authority shall

be in 360 approximately equal installments including interest

beginning January 1, 1979, of the total expenditures as

defined in Paragraph 15 to be determined on or before October 1,

1978. The interest rate determination shall be based upon an

audit and fiscal evaluation of Pinellas County's existing debt,

costs and expenses attributable to these facilities and the 84"

and 66" transmission lines not to exceed 7.4%. In the event

the parties hereto are unable to agree on Pinellas' 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.

17. EARLY PAYMENT: The Authority has the option at

any time of prepaying the principal amount due as determined

in Paragraph 15 by a lump sum payment of such amount due

Pinellas. However, if the Authority elects to use this option,

it shall be additionally liable for any other expenditures

legally incurred by Pinellas due to the exercise of this

option, including but not limited to, any expenditures incurred

by Pinellas under the terms of its bond agreements by reason of
such an election.

18. DEFAULT IN PAYMENT: The unpaid monthly install-

ment due Pinellas more than thirty (30) days will be charged
interest at the rate of one (1%) percent per month. Balance


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due Pinellas longer than sixty (60) days will be a material

breach of this contract by the Authority.

19. PINELLAS COUNTY'S OPTION TO UTILIZE FACILITIES

AND TRANSMISSION MAINS: As a consideration for Pinellas County's

execution of this Agreement, the Authority hereby grants to

Pinellas an absolute and unconditional license and/or easement

to utilize the amount of the unused capacity of the facilities

and of the 66" and 84" transmission mains described in Exhibit F

and D, together with the Cypress Creek Pumping Station to store

and transport water necessary to meet Pinellas' needs not

supplied by the Authority to Pinellas through said facilities

within thirty (30) days after notification in writing by Pinellas

to the Authority that such capacity is required. In the event

Pinellas' right to use said facilities and/or lines is in any

way contested by the Authority in any court or tribunal all

presumptions shall be in favor of Pinellas and Pinellas shall

have the absolute right to utilize any capacity not then

actually being used (at the time of Pinellas County's initial

notification to the Authority) pending the entire litigation

or proceeding. Pinellas shall make payments for the capacity

utilized under this paragraph in a manner to be calculated as

follows:
MR= SC x MC
SC + CA

Where MR = Monthly Payment
SC = Capacity to be Utilized
CA = Capacity Authority is Using
MC = Monthly Cost of facilities
and transmission lines as
determined in paragraph 15


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* 4.


CONDITIONS TO EFFECTIVENESS
20. PROHIBITION AGAINST ACQUISITION OF WATER SUPPLIES

BASED UPON LAND OWNERSHIP: As a condition to this agreement

the Authority agrees to advocate a policy position before

the Southwest Florida Water Management District, the Legislature

of the State of Florida and.in the Courts of the State of

Florida in any action to which it is a party in support of a

special provision for public water supplies and in opposition

to any formula which arbitrarily prorpe the quantity of
, waterYfaPlicfasepe py gggR a6 e rand owned, leased

or otherwise controlled, and not to secure any present or

additional water supplies or resources for Pinellas County

either at Cypress Creek or at future well fields based upon

any such formula without the written consent of Pinellas County.


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21. LEGAL STANDING OF PINELLAS: The Authority agrees
that because of the special and peculiar interest which Pinellas

has in the water supplies at Cypress Creek as well as in the

development of future well fields for water for Pinellas County

that all such Consumptive Use Permit Applications shall be

applied for in the names of both the Authority and Pinellas

County. The Authority acknowledges the existence of legal

standing in Pinellas to participate in all legal or administra-

tive proceedings in which the Authority seeks additional or

future water supplies for Pinellas or which involves agency

rule making hearings provided, however, that Consumptive Use

Permit Applications shall be made solely in the discretion

and by direction of the Authority and that Pinellas shall,
upon request, affix its signature to said application. Failure

of Pinellas County to sign said application upon request shall

in no way prevent the Authority from filing said application.

22. 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 City of St. Petersburg's and

Pasco County's interests in the Cypress Creek Well Field

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.
23. COVENANT TO OBTAIN PERMITS: The Authority shall

have obtained 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


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use of the facilities. During said time the Authority shall
allocate for the benefit of and sell to Pinellas at prices

determined by the formula in Paragraph 28, a proportionate

share of ground water in the ratio as Pinellas has contributed

to the total development cost of the Cypress Creek facilities.
24. EFFECT ON PINELLAS' BONDHOLDERS: This Agreement

shall not affect the rights and obligations of the holders of
any of Pinellas County's Water Revenue Bonds.
In the event any action is brought by a bond

holder claiming a breach of Pinellas' bond covenants and a
court of competent jurisdiction shall declare that this Agree-
ment 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

39(c) of this Agreement requiring immediate transfer of all
rights, obligations and assets from the Authority to Pinellas

shall be immediately invoked. The Authority agrees to save

and hold Pinellas harmless for all costs, expenses, attorney's
fees and damages whatsoever which Pinellas shall be required

to pay arising out of such action.
25. DISSOLUTION OR CHANGE: In the event of the

Authority's dissolution, or a transfer of the Authority's duties
and obligations to another entity or entities, or a change in the

Authority's membership which in any way dilutes Pinellas County's
voting strength, or changes the inter-local agreement creating

the Authority, at Pinellas County's option, the Authority shall
convey to Pinellas 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

39(c) shall be followed in transferring said assets from the
Authority to Pinellas.


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WATER CONSUMPTION AGREEMENT

26. TERM OF WATER CONSUMPTION AGREEMENT: Pinellas
shall purchase 20 mgd of production from the Authority on an
annual average from October 1, 1978, to October 1, 2008, from

the facilities.

(a) This covenant to purchases is reduced
by one-half of the amount sold to parties other
than the City as long as the total purchased by
all parties is at least 30 mgd.
(b) This minimum purchase shall be computed
on an annual basis at the end of each fiscal year.
27. EXCESS WATER: Pinellas shall have the absolute
.right to purchase water from the Authority not being used by

other customers at its option.
28. DETERMINATION OF PAYMENT FOR WATER PURCHASED BY

PINELLAS: Pinellas 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 13.


B = Annual operating costs 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 Well
Field not to exceed 25% of the administrative cost

in the annual budget.
C = Improvement and replacement costs of the

facilities including the 84" and 66" transmission mains
described in Exhibits D and F, for which expenditures
are within the approved budget for the current fiscal
year.


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Q = Estimated annual quantity of water

to be produced.

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

in Exhibit D, the use of any portion of such pipeline

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

entire length of the pipeline.

(d) As to the use of the 66" pipeline described

in Exhibit F, the use of any portion of such pipeline

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

entire length.

(e) The Authority may revise the rates from time

to time during the fiscal year when such revisions are

required to meet expenses.

(f) Depreciation shall not be included in the

determination of the rate.

29. CONDITIONS PRECEDENT TO PAYMENT: The following are

conditions precedent to Pinellas' duty to pay:
(a) The Authority shall perform an annual

audit, specifically identifying all costs included

in water rates to Pinellas described in Paragraph 28.

(b) The Authority shall not sell water at and

from the facilities as defined herein to any party

at a lower rate than charged Pinellas without Pinellas'

written approval; however, rates to others will not

include the 66-inch or 84-inch transmission main

described in Exhibits F and D if no portion is being

used.

30. METHOD OF PAYMENT: Pinellas' payment shall be on

a monthly basis.
31. TIME OF PAYMENT: The Authority shall present

Pinellas a monthly bill based upon its water consumption.

Pinellas shall have thirty (30) days from the receipt of said

bill to make payment.


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32. 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 Pinellas, but shall not give to

Pinellas any rights contained in Paragraph 39(c) -

33. 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 before, should the Authority accelerate

such purchase, it shall in perpetuity commit and set aside to

Pinellas the percentage of its daily and annual production

equivalent to the percentage of Pinellas' investment in the

total cost of the facilities. Both parties acknowledge Pinellas'

dependence on said water for the health and well being of

the people of Pinellas County and the Authority commits to at

all times act in the utmost good faith to produce and sell

water to Pinellas from said facilities at the lowest reasonable

rates available under the then existing conditions.

34. COMMITMENT TO PASCO: Out of the quantity of water

committed and set aside to Pinellas under Paragraph 26,

Pinellas shall authorize the Authority to commit to Pasco 3 mgd

until October 1, 1978. After October.l, 1978, the Authority is

authorized to commit to Pasco up to 10% of the daily and annual

capacity of the facilities to be deducted from Pinellas' share.

Pasco shall enter a contract with the Authority to exclusively

purchase water from the Authority, except in those instances

where the Authority declines or is unable to provide water.

Should Pasco develop its own water supply sources to serve

areas serviceable by the Authority, the provisions of this

Paragraph shall be null and void.

35. ALTERNATIVES EVALUATION: The Authority agrees
that in the event of any future development by the Authority


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to supply water to meet Pinellas' needs, that when considering
the economic cost of the various alternatives, it will include
but not be limited to, the cost of expanding the facilities
and the unused capacity of the 84-inch and 66-inch transmission
mains more specifically described-in Exhibits D and F.

36. NORRIS PURCHASE OPTION: In the event Pinellas

should construct well field facilities on the "Norris Cattle"
property, the Authority shall have the option to purchase said
facilities for use as a well field upon the same terms and
conditions and in the same manner as the terms in this contract,
exclusive of the real property; provided Pinellas shall be
given the right to purchase from the Authority on a preferential
basis all of the water from said facilities that Pinellas shall
need.
37. 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.
38. NO ASSIGNMENT: The Authority shall not sell,

assign, lease or otherwise alienate any properties or contract
rights it has received from Pinellas under this Agreement
without the prior written consent of Pinellas. It is the

intent of the parties that the Authority be absolutely pro-
hibited from any such alienation without approval of Pinellas
due to Pinellas' economic interest in the property and its
dependence upon the water supply obtained from such assets.
39. DEFINITIONS:
(a) FACILITIES: As used herein, this term
shall mean any wells, pumping stations, treatment
plants, transmission lines, houses or other equip-
ment or appurtenances used for the production and trans-

mission of water from the Cypress Creek Well Field
described in Exhibit A. This term shall not include


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the 84-inch and 66-inch transmission mains more

specifically described in Exhibits D and F.
(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 subterranean 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 contractu-

al rights acquired under this Agreement;

(2) Revoking all assumed contractual

rights, rights to use or possession, rights

of operation of facilities and all obliga-

tions or duties between the parties, except

for compliance under Paragraph of

this Agreement;

(3) Requiring the Authority to immedi-

ately execute any and all documents necessary
to the transfer of all rights and property

from the Authority to Pinellas.

(4) Requiring immediate possession,

management, control and use of all facilities,

assets and contract rights by Pinellas even

in the event there is a dispute over whether

there has been a material breach and liti-

gation is pending.


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(d) POSSESSION: As used herein, this term
shall mean the taking-of operational responsibil-
ities of the facilities by the Authority. This
shall only occur after the facilities have been
certified as completed.
40. 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 either

party is compelled to incur any expenses including reasonable
attorney's fees in instituting and prosecuting any proceedings
of any nature by reason of any material breach hereunder,
the sum or sums so paid or incurred and all interest, costs
and damages, including reasonable attorney's fees, shall be
due from the party determined to be at fault.

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


44 7 airman o oard
Directors


._;/ __ __-_ Attest:
/ Secretary


'ELLAS C UN
--UN


C airman, B / d of County
Commission r

ATTEST: HARO MU NDORE CLERK
By Clerk, Circuit Court
Deputy Clerk, Circuit Court


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CYPRESS CREEK AGREEMENT

THIS AGREENiENT, Made and entered into this day of

dAtg, 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 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 system
of Pinellas and City, and it is necessary that Pinellas and City
aucgment such supplies;; and




*W:lll 4l.'iA::r, I'.::,'-< ,lr.n', :;- o. it i ; ..idi '1| 'wl- h t ire :.

1t. pi r' Vper'" J or i t: futujri ncJid:; i, pot .ihle w.lt ,tidpp'l if:,

in cl"~r thiit L L)'h r- vw ill not. b: a sh rl: t;gc of w.it.r in it;t

rapidIly dev(elopiiIn arca'; ; and

WHEi'REAS, the DI).irtrict Iha not: :as yet formul.aited aJ plnn for

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

therefore, the District cannot mairne any allocations of gcroundwAit-er

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

IWHEREAS, it is for the benefit of the citizens and ta::paycrs

of tih St:,te of Florida lhat a coopf:rZative effort bi madt
parties i,(ercLo to .immui!di;atiL'y acquire by puiichia:(, gift or con-

diunat.j1iton 1.th lnd:: (I.:;-rib. :in Exhi.bit. A, a0t LUc:lu.1 h ret<.o ttdI

mid,, ,n p.Ilrt 1hevi.f', ,i. .t ,e ea'ir L ) po:: il1. c1t1 u; ;1 nd

1Wi'. IJ' :A:;, athLI .Clet i hel .-to aniid iIt.ile a p.ti t. ahIjtI- ,f .1:; l:>:hili.t it









is the legal description of certain -real property within adjacent ar.

immediately contiguous to the lands described in Exhibit A, attached

hereto, which the City has purchased for the purpose of a freo;h

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

cribed in said Exhibit I1 shall be made a part of this agreement and

WHEREAS, Pincllas, 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, the

parties agree to proceed in phases to bring about the multi-purpose.-

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

to proceed with three phases that can be generally described as

follow.;:

Ph>a:;; 1 Land acqui;;ition;

Phau';i 2 Cont'-.luct.ion of tvcst we)]].; and te:-:tinj of :;;iue;

rPiiine 3 Construction and operation of well field.


- 1-








3. Phna;' 3 Land Aeql I i0 i on.

a) Land acquisition cost shall bI paid 50% by the

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


b) The District shall have the lands described in E:.'ibit A,

attached hereto, appraised, and then notify Pinellas, Pasco aind 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, wit-

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 it:; acquisition of land:;, and .said cost:; schai l ble rea:;oni.1:.

All infoin.ation as to the co:;t of acquis.it ion of land:; sliall Ibe

made available, upon request, at the District'!s office in Brooku:-





vill).e, -') r.i.ld.. At iay tni.i i ll t) tlt. Pi; 1 i;it ci. C:NI'c itld. m. o .ey:; for

Xund acqu.ini..ion oV(. r tLhe air.ount:; on dapo:;.it, a; provided al ov!,,

it sha l1 notify Pinclla:;, P1a:;co and City to dcpo-;it their pro rata
phare 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 Pincllas,

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 im-.ed-

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 D, shall automatically revert to the City, and, upon

written request, the District shall immediately convey said

lands de:;cribcd in Ex:hibit B to the City, free and clear of

all liens and cncuInbr:\ancCu.

4. Ph;;r- 2 Coniet rnctcti n of T' t: 3]1.: ;and T .: t~incr of Sa '.

a) During the acquil sition of land:, Pine] l.ls, Par:co and Ci:


-5-










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, Pascc

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

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
-D
not be economically and hydrologically feasible, then Pinellas, Pasc<

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 reasonable time in which to remove their test well in:;tLllati

provided, howtverY, t.hat. any and all tect we.ll.; left in place halll

be capp-ed or plutggc'd, at the exrp,.n e of 'i.nt:lil:, 'as.co and Ci ty,







'.upon w:ri.t Lei in:;l ruction;; f oi tUhe ). Di strict. as tu wIi. et her t iIh

said wells should be capped or plugged.

b) In the event Pinollas, Pasco and City shall dete;,.i..ne

that it shall be economically and hydrologically feasible to

finance, construct, maintain and operate a permanent well fielu

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

such determination, and Pincllas, Pasco and City shall, at th
own cost and expense, survey, or cause to be surveyed, pcrmancnt well

sites and pumping station sites, permanent collector and trcn:i-

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

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 fielC

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 fie3d in exc:e:;.; of 50 mnili.lion gallon:; per day (Inrld) to whiatt'ver

!govervImnt a.111,l int i y tha t. t.ih' I)i :;I.rict t: hall d*':;.i npat .in wri tint,


-7-












provided said desigrnco shall pay the cost thereof as defined in

Exhibit C, attached hereto, on a gallonage ba.sis. All water productic.

facilities will be operated by Pinellas, Pasco and the City with prc-d:-

ion courts apportioned on a unit consumed ba!;is.

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) Pinella., 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 :;uch time: as the Dintrict hall open said above

Cypr<-,:;!; Crecl.:; rFo, Det'ention Area to the gjwneral public and there-

aifter the: .i) :;t.rjict. ::hill tda el ov, .r tLhe wo.int.,1 AIc, .i nifr ;uch ro..\:.i'y .





f%










f) Pinellas, Pasco and City shall at all tiinc; keep the test
t
wells and the permanent production well field open to inspection

by authorized personnel of the District, and Pincllas, 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 an

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 nddi-

tional wells where consent for such construction shall have been

obtained from the District and from adjacent and affected land

owners. This conu-.tructionz shall be subject to permit and requ-

lation by the Di.:;lrict.















i) The production well sites shall be approximately '*0 feet

by 50 feet each, and the pimiping station sites shall consist %o

approximately two acres each, one treatment plant site not to -*::c.ed

30 acres. The transmission main easements shall be such as sha'il

*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 agreec:ent

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 right:;" shall mean the permanent right to flood the lan-ds

in w:hi.c], :;uchl right1r; are granted for the purpo..ses of the Dis;tri.ct ;

Mnd 1th t(ermu "g:rouIt'1 tL : r.i ) t.1.:." .;iIall. mIan. t:hc .;(,s exclus:;ive

and l)j i.o')m n .it r):.iit. to tcati l, app)ropl;l r t.: aiid ur;t a;> a sni pply for"

A waiter di:tLribution :;y:;tcm thIe ground, undergr'ound or :;ubtLCr-


-10-








ranean watcir'; in anid from tlh ( land in which :;ucth ricliL:; are g9r'tec..

S1) 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, Pincllas, 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 agrc.e 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 St;te of Florida and the

app l i cahle rule:; and Irguli)tion:; of the Di:;:trictatthat are in effect

at thlc timn of tlh: E:xccution of this; ag(I 4 r

-11-






'.c, S Lt.it-c )J. 'ioj lohi or the 1).i LJl:i under the C ( n::L i tutLion ., In

the 3 w-.: of thEl !l.;. ;.te of Flori.. i(

6. Pinclla.!;, Pasco and City shall each contribute one-t:hiird

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

and 3. Failure to contribute any funds when required shall result:

in a partial default. Upon such default the interests of tlie part:
shall be re-divided proportionately in the same ratio as each has 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 2-_ day of
7- e- ....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 hI ..r.&., 1973, it approved the term

of this agreement and the execution thereof.
10. Pinellas hereby affirms that, at a duly constituted

meet g of the Board of County Commissioners on the /3 day of

A A y t -*M 1973, it approved the terms of this
agreement and the execution .thereof by Pinellas.

11. Pasco hereby affirms that, at a duly constituted

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

/!P~~C t) i)- --- 1973, it approved the terms of this
agreement and the execution thereof by Pasco.
12. City hereby affirms that, at a duly con:;tituted inceting

of tihe City Council on the day of /V >--f'--- 1973,

it approved t.lh' telin: of t hi; a;i'remei t and th.le execul.in thlr-Iof

by City.





4

13. Th'1 :; agjr. i'',ntl con;tl.i.tut.'s the cntli .i. ;ag re' mennt I .'-:.* ..*;.

Sthlo -part i(:c; hccrc t., and al-ny change, ;suppll inlci.nt, moidif icait.-ii i.*
correction of, or addcndwn to, this agreement must be in wrjt.imng

and signed by the parties hereto.
IN 'WIThESS IWllERlEOF, the parties hereto have executed cc

agreement the day and year first above written.


SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT

13y~~d Lal


Management District






As to Ifillsborough Rive
Basin


As to Pasco




mi,


A -to City


Secretary


CITY OF ST. U~2RG



t A* t .* a-, .
Attest __c______

Ac- "r i r i7; : A'?


P PINELL S COUNT .

By A j LAA


As >!ob VineYlas


c~b~ /Le
n~/~Z




LW 11i ,11".,; .J i, f .K
FLOOD 0) II IIll 0; ARIA .
September 26, 1973

Frb.o a point on the northwesterly right of way line of S.R. 54, at its
intersection wi.ith the easterly boundary of SECTIOI 15, TO'.!;ISIIP 26 SOUTH,
RANtGE 19 EAST, Pasco County, Florida, the POINT OF BEGINNING;

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 rN'.W corner of the lIE I4 of the NE '- of said Section 15;

Thence northerly to the ,NW. corner of the SE of the SE 4 of Section
10, Township 26 South, Range 19 East;

Thence westerly to the rNW corner of the SW 14 of the SE 1 of said
Section 10;

Thence northerly, along the centerlines of said Section 10 and
Section 3, Tow:nship 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 P of said Section 34;
Thence northerly to the NW corner of the SW b of the SE of said
Section 34;
Thence easterly to the NE corner of said SW of the SE ;

Thence northerly to the NW corner of the NE 1 of the NE 3 of said
Section 34;
Thence northerly to the NII corner of the SE of the SE 1 of said
Section 27;

Thence easterly to the NE corner of the SE 3 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 IE corner of the SE 4
of said Section 22;

Thence easterly to the SE corner of the NW 4 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 4
of the SW of said Section 14;

Thence westerly to the "NW corner of said SE 4 of the SW 1-;

Thence northerly to the NE corner of the SW 4 of the l.W 1- of said
Section 14;
Thence easterly to the SE corner of the NE of the NW of said
Section 14;
Thence northerly to the NE corner of the NW 1- of said Section 14;

Thence westerly to the NW corner of said Section 14;


Sheet 1 of 3





Exhibit_ l .,CJ --






h,'IH (u sout hlri'ly, iloi, ti.hi wic:,Lcrly Ilouillldary or s'.aid Section 1
to the SU cornel:r o( I .lie Ii'-1 ', or :;aiid SecLioni 14;

Thence wsctctrly, along the centerlines of Sections 15 and 16,
Township 25 South, I:;a1!ic 19 East, to the .IWl corner of the NE of the Sr '
of said Section 1G;

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 '4 of the SE '4 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 IE corner of the SE 1 of the SW k of
said Section 16;

Thence westerly to the MW corner of the SIW 4 of the SW 4 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 T:;1'
of the NW 1 of said Section 21;

Thence westerly to the NW corner of the SIW of the NE 1 of Section 21
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 ;

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

Thence easterly to the SE corner of said SE k of the SW 4;

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

Thence westerly to the NW corner of the I'E of the SW of said
Section 29;

Thence southerly to the SW corner of the SE 1 of the SIW 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
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 NW 14;

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

Thence southerly to the NE corner of the SE -' of the N1W of Section
17, Township 26 South, Range 19 East;



Sheet 2 of 3







Tfllniice t '.lrly Lo I .he t11 counter of ',.iid Si. '., of the 1i .,;


Thetncc r.oirtherly to ilh SWl cornier of the 11L of the NW1 'L of Section
20, Towns.llip 26 southh Range 19 a.ist;

Thence easterly to the i1C corner of the SW' '4 of the iE '.i of said
Section 20;

Thence southerly to the S!. corner of the SE .: of the NE k 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 Ii of the SE I- of said
Section 29;

Thence easterly to the SE corner of the N.W 1- of the SW k of Section
28, Township 26 South, Range 19 East;


SSW k
line


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


R[11l:cca


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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRI
CYPRESS CREEK FLOOD DETENTION AREA
PROPOSED PLAN' xii t...Lp,,.c. of
SEPTEMBER 1973
DRAWN J t. CHECKED APPROVED
DAT EISCALE A- I ; -E'- OF"
TD E ,-.-4 "'SC 'lE = I h-iLE .SHEET I OF I
ID A. i I I S ii i I E I ii I _Ii iii i i l


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PROJECT
.IMITS


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Description:


Tract 1 -




Tract 2 -




Tract 3 -


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.


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


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.


Extubitv J'..11e Lo






















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 ..o of





AG R E E N E N T

FOR THE DEVELOPMEiNT AD -OPERATION
OF ITHE
CYPRESS CREEK WELL FIELD



THIS AGREEMENT, made and entered into this 30th day of

August ., 1974, by and between PINELLAS COUNTY,

S-.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". .


W I T N E S S E T H:


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

agreements with the Southwest Florida Water Management District

(herein called "District") and Hillsborough River Dasin 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 Deteition

Area; and

WHlEREAS, Pinellas and the City have entered into an

agree~mnt for the insLallation and operation of an 84-inch

transmission main from the Cypress Creek Well Field; and






S''..ii IS, Pinellas and the City are currently suppliers

'of water to the public; and

W1HEREAS, 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

WiHEREAS, the development of the Cypress Creek Well 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
-V
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. development

of the regional well field. The cost shall include, but not

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, pumps, 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


-2-





;... .< ":..a rig'..0 to ra p rcetg of .h quantity of water cap)abl

. bof being1c produced from the regional well field at that particu-

lar time. Said percentage shall be determined by the party's

contributions to each phase of the development of the regional

well field. As used herein "phase" shall mean the development

of a specific a:.ount of production capacity to supply water and

shall in-clude 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) Pinollas County contributed 1/3
of funds for Phase 1.

(3) Phase 1 is capable of producing
9 m.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
Paragraph 4 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 formula:

P = Percentage D = Design Capability
Party's t y' s P = rty'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-

ing two parties shall have the right to assume at least one-

half (1/2) of the remaining unexercised 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:

Assume: (1) P'haie 1 has been developed at a
cost of $9 million.


-3-








(2) In Phase 1 all parties shared the
coLss equally ($3 million each).

(3) Phase 1 is capable of producing
9 m.g.d.

(4) Phase 2 is ready for duvelop-.uit.

(5) Under Phase 2 only I'incllas and
P,.sco will share the costs equally.

(6) Phase 2 will cost $16 million and
will be capable of producing G 6:.g.d.

33 1/3% (9) + 50% (6)
Pasco's P = 9 + 6

3 + 3



= IT5

= 40%

With the completion of Phase 2, Pasco, Pinellas and
the City will have the rights to forty per cent (40O),
forty per cent (40%) and twenty per cent (20.), respec-
tively, which in this case is 6 m.g.d.,'6 nm..d. and
3 m.g.d., while each has contributed $11 million, $11
million and $3 million, respectively, to the construction
of the well field. The Percentage, not the quantity,
represents each party's interest. In other words, Pasco
and Pinellas each have the right to 40% of the water
being produced from the well field.

5. Prior to the 'development of a new phase the Manage-

ment 2oard shall define the scope and extent of the new phase,

except as provided in paragraph 16. Thereupon, each party sh.ll

have the right to one-third (1/3) participation in that phase,

regardless of interests presently held.

G. When determining the interests of the parties, the

interest shall refer to the whole well field rather than to

each of the separate phases that were used as a basis for the

determination of phase interests..

For example:

Assume: Same as example in paragraph 4 above.

Once a phase has been comopicted and in operation -it
is of no significance from which phase a party gets
its water. Although Pasco and Pin.llas each paid for
3 :-.g.d. from PhaL.s: 1 ci.d 3 m.g.d. from Phase 2, it
is of no concectuo-nce from which phase the water co.ies.
'iTh important fact is tl;at Pasco aind Pinellas each
hl;ve the right to 40z of the present production capability
of the field.


*






7. If for any rca!.on, including but not limited to,

'accidentL~, acts of God or regulation, the well fi:ld is incapable

of 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-
ample in paragraph 4 above,
except now assume Phase 1 and 2
arc 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 terts 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 Percentage in the

well field.

For example:

Assume: (1) Pinellas, Pasco and the City have
the right to 40%, 40t 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. costs of operation, repair,

replacement, planned modification and expansion,-return of

contributed capital together with interest thereon as herein-

after 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.


-5-







0- i. Ai an nual budget shall be prepared a ad a,pr-oved by

the M-:anageienL Board. The budget shall include foreczted

ex,)-ene-l3 for operation, replacement, repair, modification,

cx:pan-ion, capital costs, including principal and interest,

and a reserve for contingencies. The reserve for contingc-encies

shall be sufficient to provide coverages of net income 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 thosz

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 the

following year.

12. The interest cost to be paid to each party shall be

the actual annual interest paid by each party on the particiu-

lar indebtedness used to finance the improvements contemplated

herein. In the event one or more parties advances money to

-zhe venture that has not been borrowed, then the party shlll

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
1-
approved annual'budget by the total production estimated for

the budget year. All water using parties shall be billed on

a rmonthly basis at the annual rate per thousand gallons used-

during the month. Payments shall be due within twenty days

fro:,- receipt of the monthly bill. During the budget year

should the 1'anagecmint BUoad determined that thet unit price i:;

insufficient to meet costs as herein defined, the rates shall


-6-







i. i:cr c0ced accordingly.

14. Pinllcis County shall be the operator of the well

field, shall keop records of operating and financial data and

obta.in all necesz'ary permits. All financial duca and operating

records shall be open to inspection at reasonable times upon

request. Pinellas County shall be reiimburscd the reasonable cosc

,f perforiniing such service.

15. An annual audit shall be performed by a certified

public accountant.

16. Decisions for expansion of the facilities sha.i be

mcde by a majority of the Management Board. however, should the

anaragement Board determine not to expand the facilities, any party

hereto may expand production facilities at its own cost. All

expansions must be approved by the Kanagement Board to insure

compatibility with existing and planned facilities, and said

approval shall not be unreasonably withheld. Parties partici-

pating in the expansion of facilities may expand aind use existing

or planned facilities without charges other than those provided

for herein.

17. The Management Board shall immediately 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 Decermber 1, 1974, unless extended by mutual

agreement of -the parties hereto.

(b) The design of Phase 1 of the well field.

The area of Phase 1 is shown in Exhibit A.

(c) Design of the facilities and supervision

of the installation of the pumps, pipes and

appurtonances for Phase 1 of the well field.

1. The parties hereto acgrc that 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-







-y.c:.. i''.:as 1. Provided, hl.o-./cver, if during tLhis t~o year .-*:iod

.,. a....o....... :oird or any party ozr j*.t-zr i s .. :n:rc z.:;-"i,"-

for t.\; cost o. develop..t of phases other than ise 1, any

non-contr.Luting. p..arLy mayv, at any ti.me wi.in throe ye.rs of

che Scl.te of execuLion of this Acr .eent, rcibuQrs th

M.;an.c;':t DBord or contributi-n.; party or rti.s for all

actual costs to the extent necessary to give thee r;o:-conA-ibutinj

arty or parties a full one-third (1/3) interest in the venture.

19. Any party may sell to the other two parties 0-1 or Pa-t

f its own.-rship or interests in the field. Each of the oct'.o

parties may purchase at least one-half of the interest ofA trh

selling party. Should each of the other two partici decli-ne

to purchase part or all of the selling party's interest there -

selling party may sell its interest to any outLide buyez.

20. ManaUgerent decisions shall be made by a Manac,,en.-..

Doard. The Management Board shall consist of five repres:ta'-iV-:

two from Pasco County and one each from Pinallas County ran' -e

City of St. Petersburg and one member at large. The Pinall

County representative shall be the Chairman, Board of Coz.ai"-:io'."'c ,

Pinellas County, Florida, and the City of St. Petersburg -rja~er.ca-

tive shall be the Mayor of the City of St. Petersburg, VForl t..

.'he two Pasco County representatives shall be the Chairm.an _

Vice-Chairman of the Board of Commissioners, Pasco County, Pilori..

' The me;aber at large shall be selected by a unani.Mous vote of the

other four members. The member at large shall be selected &a E h,

first meeting of the Management Board and shall serve one yea:

terrs. The member at large shall be entitled to vote only i,. tL.o

event of a tie vote among the other meb..o;ri. Mnga ei

shall include decisions approving the annual budget, irprovcuanta,

replacerients, renewals, expLnsions, and any other decision not

spcij.fic.~lly reserved to a party in this ,Agreement. On all :...tcs

requiring approval of Bthe :.nagem.ent Board, a majority vote s..;.l

be rqudiced.

21. There shall be no assignt.'.ents of any interests her,-


I_






u:..-.:-. ".. .... '.: the pri.o: wr-itten con nt of the --rtL ; hereto,

hovidU, ho.icv'r;. ,caignmrients in connection with bod.;-.n;s or

finraincin;j the construction of the well field may be :made with-

out tLh con.sent of thel parties hereto.

22. The parties hercto anticipate the formation of a'

regionall W'iatr Supply Authority-pursuant to the provisions of

'hapter- 741-114. Accordingly, upon the formal establishment and

funding of such an Authority of which all parties heroto shall

be nma.ars, it is the intent of the parties that the facilities

which are the subject of this Agrcer.eent shall be conveyed to

such Authority on terms acceptable to the patties and nothing

herein contained shall be construed to prohibit such conveyance.

IN WITNESS WIIEREOF, the parties hereto have executed..this

Agreement the day and year first above written.


Signed, sealed and delivered
in the presence of: PINELLAS COUNTY



f / y/ F .ixn, Board Co lo:\


As to Pinellas Attes
Clek of the Circut Cout



PAS 0 COUNTY


[',B Iy SBy
C dKir.Lan, Board 6f Conutissioners


As to Pasco Attest r o
Clerk of tT Circuit Ci r



CITY OF ST. PETERSBURG






CocTy Attest C
City Clerk




I City Manager


-9-





NO. 73-429 -


A RESOLUTION AUTHORIZING EXECUTION OF A
CONTRACT BETWEEN THE COUNTY AND THE CITY
PROVIDING FOR A JOINT USE OF EASEMENT AND
TRANSMISSION MAIN FACILITIES.


WHEREAS, A need exists for both the City and the County

to build transmission mains for transmission-of potable water

from well fields in Northwest 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 transmission

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 transmission

mains would be the first step towards connection of water

supplies on a regional basis for.the Tampa Bay Pasco Area,

NOW, THEREFORE, BE IT RESOLVED By the City Council of

the City of St. Petersburg, Florida, that the City Manager is*

authorized and directed to execute on behalf of the City an

agreement providing for joint acquisition of an easement for a

water transmission line and the joint use of transmission mains

and possible ancillary wells to be drilled nearby.

..
Adopted at a regular session of the City Council held

on the 6th day of July, 1973.



(Signed) C. R. Wedding
Mayor-Councilman
Chairman of the City Council



(SEAL)

ATTEST: (Signed) Anna B. Stockwell
Clerk of the City Council


~






. AGREEMENT


THIS AGREE.MENT, made and entered into this 10th

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 transmission

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 connec-

tion between Hillsborough County and the City of Tampa is-

contemplated, the construction of such joint use transmission

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 proposed

Cypress Creek well field and ending at the City's southern-

most connection to its Cosie Well Field. (Exhibit A attached

hereto and made part hereof to detail description.) The

Transmission main will be referred to hereafter as "main" and

will include that portion described above up to but not includ-

ing connection valves. All other extensions to this main will

not be considered a partof this agreement.




2. The County will be the agent for construction, letting

S all contracts for construction and making all payments for work

completed, all construction shall be let by competitive bids,

the lowest and best bidder being selected and approved 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 construction

acceptance.-

6.. The City and the County will share in.both regular

maintenance and all costs of construction including fees for

engineering services, construction'costs and other ordinary

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 8P mad capacity. There-

fore, the City shall pay for 50/130. and the County shall pay

for 80/130 of the total costs and all regular 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 6f the

additional capacity.

8; The County will perform regular maintenance on the main

with the City reimbursing'the County for its -costs as specified

in Paragraph 6. Reimbursement will be on 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




pro auction wi11 be shared in the same ratio specified in Para-

* graphs 6 and 7.
11. The County will finance the initial construction with

the City beginning reimbursement of its share of the expendi-

tures as soon as the money is available, but in no case later

that 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 Hills-

borough 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 speci-

fied 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 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 easement together with its interest in the.

transmission line and ancillary systems to third parties.together

with an assignment 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.







' AiTtEST: HAROLD I4ULLENDORE,
CLERK


S .Depu, ClerK

.


OF COUNTY COMMISSIONzRS


CITY OF ST. PETERSBURG


BY r.
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EXHIBIT B


Description:


Tract 1 -




Tract 2 -




Tract 3 -


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.


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


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.


These legal descriptions are subject to confirmation by
Mr. Carl Linn, City Attorney for St. Petersburg.










Lxtlibilt '._11 _"e ol .








K IdV t k
CYPRESS CREEK
WELLFIELD









ch main
roximately
of 66-inch
rete pressure
ore fully
a Plans and
for the
Water System,
272-72-05,


ch main is
Part II of
ct Plans and

























EXHIBIT "F'




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