Title: Southwest Florida Water Management District, Pinellas-Anclote River Basin and Coastal Rivers Basin, Starkey Water Storage Area
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Permanent Link: http://ufdc.ufl.edu/WL00004694/00001
 Material Information
Title: Southwest Florida Water Management District, Pinellas-Anclote River Basin and Coastal Rivers Basin, Starkey Water Storage Area
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Southwest Florida Water Management District, Pinellas-Anclote River Basin and Coastal Rivers Basin, Starkey Water Storage Area
General Note: Box 28, Folder 2 ( West Coast Regional Water Supply Authority Agreements - 1976-1982 ), Item 10
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004694
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









Southwest Florida Water Management District
PINELLAS-ANCLOTE RIVER BASIN
*And
COASTAL RIVERS BASIN
Starkey Water Storage Area

October 12, 1981

Jay B. Starkey Wilderness Park

SECTIONS 1, 2, 3, 4, 5 and 6, and the North 1/2 of SECTIONS 7, 8, 9, 10,
11 and 12, TOWNSHIP 26 SOUTH, RANGE 17 EAST, Pasco County, Florida;

Less the NW 1/4 of the NW 1/4 of said Section 6, except the
North 50.00 feet thereof;

AND

Less the .Florida Power Corporation 295.00 feet right-of-way
described as follows;

Commence at the Northwest corner of said Section 3;

Thence S 89048'55" E along the Northerly boundary of Section 3, a
distance of 264.80 feet to a point on the Northwesterly boundary of the
said Florida Power Corporation right-of-way also the POI:iT OF BEGINNING;

Thence S 34009'26" W along said Northwesterly boundary through
Sections 3 and 4 and the North 1/2 of Section 9, to the Southerly
boundary of the North 1/2 of said Section 9;

Thence S 89047'23" E a distance of 355.61 feet, to a point on,
the Southeasterly boundary of said right-of-way-;

Thence N 34009'26" E along said Southeasterly boundary through
Sections 9, 4 and 3 to a point on the Northerly boundary of said
Section 3;

Thence N 89048'55" W along the Northerly boundary of said
Section 3, a distance of 355.72 feet to the POINT OF BEGINNING:

Containing 5399.99 acres, more or less.

GCG:lws



)


EXHIBIT "B"


I _







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WATER TRANSFER AND MANAGEMENT AGREEMENT
FOR
STARKEY WELLFIELD

THIS CONTRACT entered into this / day of 1981,

by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public

corporation of the State of Florida, hereinafter referred to as "DISTRICT,"

the CITY OF NEW PORT RICHEY, a municipal corporation, hereinafter referred to

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

created pursuant to Chapter 74-114, Laws of Florida, hereinafter referred to

as "AUTHORITY."

W I T N E S S E T H:

WHEREAS, the DISTRICT owns certain real property which was acquired for

water management and multi-use purposes from J.B. Starkey, Sr. and Blanche Starkey,

his wife; and

WHEREAS, the DISTRICT and the CITY have entered into contracts dated

August 16, 1972, March 26, 1974, July 10, 1974, and March 2, 1977, permitting

the CITY to construct and operate water supply and distribution facilities on

the certain real property owned by the DISTRICT; and

WHEREAS, the CITY, pursuant to those agreements, has constructed and

presently operates water supply and distribution facilities on the certain real

property owned by the DISTRICT; and

WHEREAS, the CITY under the Resolution for its Water and Sewer Revenue Bonds

Series 1972 is prohibited from selling, mortgaging, leasing or otherwise disposing

of its water supply and distribution facilities on that certain real property

owned by the DISTRICT, until full payment of said Bonds; or, if provisions is

made for full payment of said Bonds; and

WHEREAS, it was contemplated under those agreements between the DISTRICT and

the CITY that upon the DISTRICT's request and subject to acceptance by any

regional water supply authority that was created and operational, the CITY would

transfer its rights, privileges and interests thereunder to the regional water

supply authority upon the CITY receiving full compensation for its facilities;

and

WHEREAS, the AUTHORITY is a regional water supply authority, which was created

in 1975, and is presently operational in Pasco County; and

WHEREAS, the DISTRICT has requested and the CITY concurs that the CITY's
rights, privileges and interests in those certain facilities located on

real property owned by the DISTRICT, be transferred to the AUTHORITY upon

Exhibit "C"
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reimbursement to the CITY for costs of the facilities at the earliest time

permitted by the CITY's Resolution for its Water and Sewer Revenue Bonds

Series 1972; and until that time the AUTHORITY be granted the right by the

CITY to manage said facilities; and

WHEREAS, the DISTRICT desires to grant the AUTHORITY an exclusive license

on that certain real property owned by the DISTRICT to operate, maintain and

construct production wells, test wells, monitor wells, standby wells, pumps,

collector mains, pumping stations, transmission mains, roadways, power lines

and storage facilities; and

WHEREAS, the parties contemplate that the AUTHORITY will sell water

produced on that certain real property owned by the DISTRICT to the CITY and

Pasco County which contractual arrangement may serve as security for Revenue

Bonds, for the construction of new water production facilities on the site.

NOW, THEREFORE, the DISTRICT, CITY and AUTHORITY, in consideration of the

aforesaid premises and the following mutual promises and covenants, and

other good and valuable considerations, the receipt of which is hereby

acknowledged, agree as follows:

1. DEFINITIONS. Certain terms having specific definitions are used in this

Contract. These terms and their definitions, are as follows:

1.1 Consultant Agreement. That certain agreement for professional

services executed by the CITY and CH2M Hill, Southeast Inc. in January 1980

as amended, a copy of which is attached hereto as Exhibit "A."

1.2 New Water Production Facilities. All production wells, test

wells, monitor wells, standby wells, pumps, collector mains, pumping stations,

transmission mi*ns, roadways, power lines and storage facilities to be constructed

in the future by the AUTHORITY at the Starkey Wellfield.

1.3 Starkey Wellfield. That certain real property owned by the DIS-

TRICT and legally described in Exhibit "B," attached hereto and made a part

hereof. Should the DISTRICT acquire additional real property to expand the

above-described tract and should this property prove capable of supplying

water this term shall also include said real property. Also, this term shall

include any rights-of-way, which may be acquired by the DISTRICT or AUTHORITY

or CITY or Pasco County in the future to connect the herein described property

with the 84" or 66" Transmission Lines.


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1.4 Water Production Facilities. All production wells, test wells,

monitor wells, standby wells, pumps, collector mains, pumping stations,

transmission mains, roadways, power lines and storage facilities, presently

at the Starkey Wellfield.

1.5 Water Supply Agreement. That certain agreement between the

AUTHORITY, the CITY and Pasco County, a copy of which is attached hereto

as Exhibit "C."

2. TERM. The term of the Contract shall begin on the date of its exe-

cution and end on the thirty-fifth (35th) anniversary of the date of the

execution of this Contract unless terminated or revoked pursuant to the terms

herein. However, the AUTHORITY shall have the option to renew for an addi-

tional 35-year period.

3. PRIOR AGREEMENTS. This Contract shall revoke, rescind, extinguish

and terminate the Agreements dated August 16, 1972, March 24, 1974, and July 10,

1974, and March 2, 1977. This Contract is intended by all Parties to serve as

a replacement to those prior named Agreements.

4. HYDROLOGICAL STUDIES. No later than November 2, 1981, the AUTHORITY

shall pay the DISTRICT the sum of $125,000, shall pay the CITY the sum of

$102,500 and shall pay PASCO the sum of $22,500 for the Hydrological Study

conducted by the DISTRICT at the Starkey Wellfield pursuant to the March 2,

1977 Agreement between the DISTRICT and CITY; provided if this Agreement is

terminated then the provisions of the March 2, 1977 Agreement shall be revived.

5.. DISTRICT'S TRANSFER. The DISTRICT grants the AUTHORITY an exclusive

license to cons ruct, maintain, operate, expand and control Water Production

Facilities; and to construct, maintain, operate, expand and control New Water

Production Facilities at the Starkey Wellfield which is irrevocable within

the terms of this Agreement; provided that the AUTHORITY agrees to maintain

the Starkey Wellfield as nearly as practicable in its present natural state,

to construct New Water Production Facilities so that they will blend in and

be complementary to the natural condition of said lands, to not unreasonably

interfere with the DISTRICT'S use of the Starkey Wellfield for water manage-

ment and multi-use purposes, including road construction, overnight camping

facilities, recreational parks and environmental educational uses and to not

allow hunting or trapping on the Starkey Wellfield as set forth in the Agree-

ment of August 6, 1979, by and between J. B. Starkey, Sr. and Blanche Starkey,


Pace 3 of 6





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his wife, and the Southwest Florida Water Management District, a copy of which

is attached hereto as Exhibit "E."

6. AUTHORITY'S MANAGEMENT DUTIES. The CITY hereby appoints the AUTHORITY

as its exclusive agent and representative to manage the Water Production

Facilities. The AUTHORITY is authorized and directed by the CITY to operate,

maintain and repair these Water Production Facilities. The cost incurred by

the AUTHORITY in fulfilling this obligation shall be accounted for as an

operation and management expense and be billed to the purchasers under the

Water Supply Agreement. In addition, the water produced from the Water Pro-

duction Facilities shall be supplied at cost to the CITY. Nothing in this

paragraph should be interpreted as a sale, mortgage, lease or other disposi-

tion of these Water Production Facilities by the CITY to the AUTHORITY. In

addition, the CITY assigns to the AUTHORITY all of its rights and obligations

under the Consultant's Agreements.

7. CITY'S TRANSFER. Upon full payment of the CITY'S Water and Sewer

Revenue Bonds Series 1972, or upon provisions being made for the full payment

of said Bonds, the CITY shall transfer to the AUTHORITY all of its rights,

title and interests in the Water Production Facilities. The AUTHORITY shall

pay the CITY for the Water Production Facilities according to the payment

schedule attached hereto as Exhibit "0."

8. COMMITMENT TO THE CITY AND PASCO COUNTY. All water produced by the

AUTHORITY from the Starkey Wellfield shall be for the water supply needs of

the CITY and Pasco County. The CITY and Pasco County shall have the right to

authorize the AUTHORITY to sell surplus water (water in excess of the CITY'S

and Pasco Counit's daily needs), and the AUTHORITY shall utilize its best

efforts to sell same.

9. DISTRICT'S REGULATORY AUTHORITY. Nothing in this Contract shall

restrict the DISTRICT'S authority under Chapter 373, Florida Statutes, and

Chapter 40D, Florida Administrative Code, to regulate the AUTHORITY in the

use of water from the Starkey Wellfield.

10. TERMINATION. The Parties hereto agree that the breach of the com-

mitments and obligations of the AUTHORITY contained in paragraphs 5 and 8 of

this Agreement shall constitute a material breach of this Agreement at the

option of the DISTRICT or CITY. In the event of a material breach by the


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AUTHORITY of its obligations under paragraphs 5 and 8 of this Agreement, the

DISTRICT or CITY may elect to terminate this Agreement, provided it shall first

notify the AUTHORITY in writing of the material breach and of the intent to

terminate at the expiration of 30 days. The AUTHORITY shall have the option to

correct the breach and thus avoid such termination by notifying DISTRICT or CITY

within the 30 day period of the measures taken by the AUTHORITY to correct the

breach.

In the event of termination the DISTRICT shall grant the CITY and Pasco

County a license under the terms contained in paragraph 5 of this Agreement.

The CITY'S and Pasco County's interests under this license shall be their

respective equitable interests conveyed or acquired under this Agreement; provided,

however, that Pasco County shall only have a proportional equitable interest in

the Water Production Facilities to the extent of payments made. In the event of

said termination, CITY and Pasco shall enter into a Water Purchase Agreement to

purchase water produced by the Water Production Facilities and the New Water

Production Facilities upon the same substantive terms and conditions as found in

the Water Supply Agreement. Said new water purchase agreement shall be executed

as soon as possible after the termination, and all payments with respect to the

amortization of any revenue bond, as hereinafter set forth, shall be made

pursuant to said new water purchase agreement. Also, in the event of termination

the AUTHORITY shall immediately execute any and all documents necessary to

transfer all rights, possession and use of all facilities conveyed to or acquired

by the AUTHORITY pursuant to this Agreement even in the event there is a dispute

over whether there has been a material breach and litigation is pending.

Upon termination of the Contract, the CITY and Pasco County shall continue

to pay, when due, any principal payments, interest payments, redemption premiums,

if any, and service charges with respect to the amortization of any revenue

bonds issued pursuant to the Water Supply Agreement in the manner specified in

paragraph 14 of the Water Supply Agreement.

11. NOTICES. Any notices or other writings permitted or required to be

delivered pursuant to this Contract, shall be delivered to the DISTRICT at its

Executive Director's Office, to the CITY at the City Manager's Office, and to

the AUTHORITY at the General Manager's Office.
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12. CONSTRUCTION. This Contract shall be governed by and constructed in

accordance with the laws of the State of Florida. Further, the obligations

of all parties under this Agreement may be specifically enforced in a court

of law. Except as provided in paragraph 10 of this Agreement such remedy

shall be exclusive.

This Contract constitutes the entire Agreement among the parties hereto,

and any change, supplement, modification or addendum to this Contract must be

in writing and signed by the Parties hereto.

13. FILING. On the date of the execution of this Agreement, a copy of

the executed original shall be filed with the Clerks of the Circuit Court

of Pinellas, Pasco and Hernando Counties, Florida.

IN WITNESS WHEREOF, the parties hereto have executed this Contract the day

and year first above written.


Signed, Sealed and Delivered in
the presence of:





As to District


SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT


Bruce A. Samson, Chairman

ATTEST
James Campbell, Secretary


CITY OF NEW PORT RICHEY
./


As To City


WEST COAST REGIONAL WATER SUPPLY AUTHORITY


By: C 1Y747
Chairman
/ /
ATTEST
Secretary


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