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11-7-73 #1
CYPRESS CREElK AGREEMENT
THIS AGREEMENIT, Made and entered into this day of
1973, between SOUTHWEST FLORIDA WATER MANAGEMENT.
DISTRICT, a public corporation of the State of Florida, and
HILLSBOROUGH RIVER BASIN, a subdivision of the Southwest Florida
Water Management District, hereinafter collectively referred
to as "District," PINELLAS COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as "Pinellas,"
PASCO COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "Pasco," and CITY OF ST. PETERSBURG,
a municipal corporation, hereinafter referred to as "City,"
WITNESSETH:
WHEREAS, Southwest Florida Water Management District is a
public corporation created under Chapter 61-691, Laws of Florida
1961, as amended; and
WHEREAS, Hillsborough River Basin is a subdivision of the
Southwest Florida Water Management District, as provided under
Chapter 61-691, Laws of Florida 1961, as amended; and
WHEREAS, Pinellas is a body politic; and
WHEREAS, Pasco is a body politic; and
WHEREAS, City is a municipal corporation; and
WHEREAS, the District is acquiring and will acquire certain
property in Pasco County, Florida for use as a flood detention
reservoir known as the Cypress Creek Flood Detention Area, herein-
after referred to as "Cypress Creek," which lands are adjacent to,
and drained by, Cypress Creek which ultimately flows into the
Hlillsborough River in Hillsborough County, Florida; and
WHIEREAS, 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 Pirln.llnas and City
augment such ;lsupp] i.cs; and
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"WIIEltiEAI S, 'APas;co, becau:.(I, of its rapid growth, needs
to prepare for its future cceeds of potable water supplies,
in order that there will not be a shortage of water in its
rapidly developing areas; and
WHEREAS, the District 'has not as yet formulated a plan fo-r
allocation, as provided for in Chapter 373, Florida Statutes, ard,
therefore, the District cannot make any allocations of groundwater
to any user at this time; and
WHEREAS, Pinellas and City, for the purpose of supple-
menting their supply of potable water, and Pasco, for the
purpose of facilitating the development of its potable water
system, desire to construct, maintain and operate a number
of test wells upon the aforesaid lands of the District for such
periods of time as will be reasonably necessary, expedient or
desirable to determine whether the quantity and quality of water
available in and from such area is such as to make it econ-
omically feasible for Pinellas, Pasco and City to finance,
construct, maintain and operate upon such lands a permanent
well field consisting of production wells, collector mains,
pumping stations, treatment plant, transmission lines and access
roadways; and
WHEREAS, if it shall be determined by Pinellas, Pasco and
City that such permanent well field is economically feasible,
Pinellas, Pasco and City desire to acquire the permanent rights
and interests hereinafter mentioned in the above described
lands of the District for such purposes; and
WHEREAS, even though the District is in the process of
acquiring the lands within the Cypress Creek Flood Detention
Area, it is unable, at this time, to complete the acquisition
of all of the necessary lands, and it may be several years
before acquisition can be fully accomplished; and
WHEREAS, it is for the benefit of the citizens and taxpayers
of the State of Florida that a cooperative effort be made by tlhe
parties hereto to immediately acquire by purchase, gift or con-
demnation the lands{ described in Exhib.it A, attached hereto and
made a part hereof, at the earliest po;:,ible date; and
WIII:IR:AS, attached hlereto and made a part hereof as Exhlibit 1
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is the legal description of certain real property within adjacent and
immediately contiguous to the lands described in Exhibit A, attached
hereto, which the City has purchased for the purpose of a fresh
water well field, and the parties hereto desire the said lands des-
cribed in said Exhibit B shall be made a part of this agreement and
WHEREAS, Pinellas, Pasco, City and District have entered into
this agreement to make the most efficient use of their powers by
enabling them to cooperate on a basis of mutual advantage and
thereby to provide services and facilities in a manner of, and
pursuant to, forms of governmental organization that will accord
best with geographic, economic, population and other factors
influencing the needs in the development of the local communities;
WHEREAS, Pinellas, Pasco, City and.District believe that it
is for the best interest of the public that they serve to
develop a well field in the Cypress Creek Flood Detention Area;
NOW, THEREFORE, in consideration of the mutual covenants and
conditions herein contained and for other good and valuable con-
siderations, the parties hereto agree as follows:
1. The parties agree that the lands described in Exhibit A,
attached hereto, shall be immediately acquired and used for the
following multi-purposes, to-wit:
(a) Flood Control and water storage area;
(b) Fresh water well field;
(c) Wildlife refuge;
(d) Outdoor recreation and open space.
These lands shall not be used for any other purposes without the
written consent of all parties.
2. In order to achieve maximum utilization of the lands, the
parties agree to proceed in phases to bring about the multi-purposes
set forth in paragraph 1. above. At this time, it is desirable
to proceed with three phases that can be generally described as
follows:
Phase 1 Land acquisition;
Phas:e 2 Construction of test wells and testing of same;
Phase 3 Construction and operation of well field.
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3. Pha:;e 3 Lnan Acqui sition.
a) Land acquisition costs shall b'e paid 50% by the
District and 50% by Pinellas, Pasco and City, apportioned one-third
b) The District shall have the lands described in Exhibit A,
attached hereto, appraised, and then notify Pinellas, Pasco and City,
in writing, of the full acquisition costs of the land, including but
not limited to land values, appraisers' fees, attorneys' fees, and
landowners' appraisals and attorneys' fees, and the amount of funds thI
the District has available to commence the acquisition of said lands,
and then Pinellas, Pasco and City shall deposit with the District, with
in 90 days of said notification, their share of said funds equal to
the amount available by the District for said land acquisition.
Said funds to be deposited in accounts of the District in banks autho-
rized under the laws of the State of Florida and to draw the maximum
amount of interest; such interest shall be credited to Pinellas, Pascc
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.
e) All costs of land acquisition shall be in accordance
with normal and usual procedures and costs incurred by the District
in its acquisition of lands, and said costs shall be reasonable.
All information as to the cost of acquisition of lands shall be
made available, upon request, at thle District's office in Brook^-
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ville, Florida. At any time that the District expends Inon.eys f
land acquisition over the amounts on deposit, as provided alove,
it shall notify Pinellas, Pasco and City to deposit 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 Pinellas,
Pasco and City, in writing, and shall certify the same to. be true
and correct.
f) Pinellas, Pasco and City shall cooperate with the
District and agree to join the district as co-petitioners in eminent
domain proceedings in connection with acquisition of said lands.
Sg 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 immed-
iately contiguous thereto. The parties. hereto agree that the City is
to be compensated for the costs of acquiring the lands described in
Exhibit B, and said costs are to be substantiated and/or certified by
the City to be correct. After said costs have been substantiated,
as hereinbefore provided, the moneys paid thereunder by the City
are to be credited against the moneys that the City is required
to contribute under the provisions of this agreement. Said lands
described in Exhibit B will become a part of the District's
Cypress Creek Flood Detention Area, and the title thereto will
be conveyed by the City to the District, free and clear of
all liens and encumbrances, at the same time that the District
grants the permanent easement and groundwater rights to the City,
Pinellas and Pasco, as provided in paragraph 5(b) hereof; provided,
however, that if the Cypress Creek Flood Detention Area is not
developed into a productive well field, as provided for herein,
on or before January 1 1975, then the City's lands, as described
in Exhibit B, shall automatically revert to the City, and, upon
written request, the District shall immediately convey said
lands described in Exhibit B to the City, free and clear of
all liens and encumbrances.
4. Pha se 2 Construction of Test Wells and Tostinq of Same.
a) During the acquisition of lands, Pinellas, Pasco and Cit:
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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
not be economically and hydrologically feasible, then Pinellas, Pascc
and City shall notify the District of such determination, in
writing, on or before January 1, 1975, and this agreement shall in
that event terminate as to Pinellas, Pasco and City and be of no
further force and effect, except that Pinellas, Pasco and City shall
have a reasonable time in which to remove their test well installatic-5"
provided, however, that any and all test wells left in place shall
be capped or plugged, at the expense of Pinellas, Pasco and City,
11-7-73 #1
upon written inst-ruction.s from the District, as to whether the
said wells should be capped or plugged.
b) In the event Pinellas, Pasco and City shall determine
that it shall be economically and hydrologically feasible to
finance, construct, maintain and operate a permanent well field
upon such lands, it shall notify the District, in writing, of
such determination, and Pinellas, Pasco and City shall, at their
own cost and expense, survey, or cause to be surveyed, permanent well
sites and pumping station sites, permanent collector and trans-
mission mains, a treatment plant site, roadways and power line ease-
ments, the location and route of which shall be subject to approval,
in writing, by the District which shall not be unreasonably with-
held. Pinellas, Pasco and City shall prepare, or cause to be
prepared, appropriate legal descriptions of such sites and easements.
Upon completion of such surveys and the preparation of
such legal descriptions, the District shall, by good and sufficient
conveyance, deed, grant and convey to Pinellas, Pasco and City, free
and clear of all encumbrances, the groundwater rights in and to
the aforesaid lands of the District, together with the perpetual
easements and permanent rights of way for the construction, re-
construction, maintenance, repair, use and operation of production
wells, pumps, collector mains, pumping stations, transmission
mains, roadways and power lines in, over, through and across the
lands described in the legal descriptions to be prepared by
Pinellas, Pasco and City, as heretofore provided. Pinellas, Pasco
and City shall divide the total amount of ground water to be re-
moved from the well field proportionately in the same ratio as
each has contributed to the total development cost of said well field.
Development costs shall be apportioned one third each to Pinellas,
Pasco and City; provided, however, that Pinellas, Pasco and City
agree that they will sell up to 20% of the water produced from said
well field in excess of 50 million gallons per day (mgd) to whatever
governmental entity that the District shall designate, in writing,
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provided said designee shall pay the cost thereof as defined in
Exhibit C, attached hereto, on a gallonage basis. All water production
facilities will be operated by Pinellas, Pasco and the City with produc-
tion costs apportioned on a unit consumed basis.
c) The District, having acquired the lands herein
affected for use as a flood retention and conservation area,
shall have the right to flood said area for such purpose; and
Pinellas, Pasco and City shall. have the right to excavate, borrow
or remove dirt from said lands at a site or sites to be approved
by the District, in writing, within a reasonable distance of the
well, pump and pumping station sites and the roadway rights of
way for the purpose of filling the same to a grade above that
of the design flood elevation, provided that adequate roadway
drainage, as approved by the District, shall be provided by
Pinellas, Pasco and City.
d) Pinellas, Pasco and City shall indemnify and hold
harmless the District of, from and against all claims, demands,
suits or actions for bodily injury or property damage arising out
of, or resulting from, Pinellas', Pasco's and City's operations in
and about the Cypress Creek Flood Detention Area. The District
shall indemnify and hold harmless Pinellas, Pasco and City of,
from and against all claims, demands, suits- or actions for bodily
injury or property damage arising out of, or resulting from,
District's operations in and about the Cypress Creek Flood De-
tention Area, for which the District is legally liable.
e) Pinellas, Pasco and City shall, at their own cost and ex-
pense, construct and maintain roadways for ingress and egress
to and from such test wells and to such permanent well field
facilities until such time as the District shall open said above
Cypress Creek Flood Detention Area to the general public and there-
after the District r;hall take over the maintenance of such roadways..
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f) Pinellas, Pasco and City shall at all times keep the test
wells and the permanent production well field open to inspection
by authorized personnel of the District, and Pinellas, Pasco and City
when requested by the District, shall make said test and permanent
well production records available to the District for inspection
or copying for use in its continuous study of surface and ground
water intercorrelation.
g) Pinellas, Pasco and City shall use the premises and all
rights, privileges and easements herein granted to the extent
needed to carry out the true intent and purposes of this agreement
and for no other purposes; Pinellas, Pasco and City shall maintain
the premises and all appurtenant structures and improvements in a
neat, clean and sanitary manner and condition; and Pinellas, Pasco and
City shall paint and otherwise keep, as near as practicable, all
of their installations and facilities in a color, condition and
manner as shall be compatible and harmonious with the use of such
area by the District as a natural wilderness, park and recreational
area.
h) Pinellas, Pasco and City do hereby declare their intent
to develop and use the Cypress Creek area for the next stage of
their additional water supply program, provided there is suffi-
cient water of the quantity and quality to meet their needs in
an economically feasible manner. If there is sufficient water of
the quantity and quality to produce a minimum of 45 mgd in an eco-
.nomically feasible manner, then Pinellas, Pasco and City shall defer
the development of any other water sources within Pasco County.
This paragraph (h) shall not preclude the construction of addi-
tional wells where consent for such construction shall have been
obtained from the District and from adjacent and affected land
owners. This construction shall be subject to permit and requ-
lat.ionl by the District.
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i) The production well sites shall be approximately 5( feet
by 50 feet each, and the pumping station sites shall consist of
approximately two acres each, one treatment plant site not to exceed
30 acres. The transmission main easements shall be such as shall
carry out the present plans of Pinellas, Pasco and City, namely
that the water will be pumped to the main transmission lines via
a treatment plant or facility directly into the distribution
system of Pinellas', Pasco's and City's water systems.
j) Pinellas, Pasco and City shall not assign this agreement
or any of their rights or privileges hereunder without first ob-
taining the written consent of the District which consent
shall not be unreasonably withheld. Upon the establish-
ment by the legislature of a regional water supply authority or
the delegation to an existing governmental entity the primary
responsibility for providing a regional water supply for an area
which includes Pinellas, Hillsborough and Pasco Counties, the parties
hereto agree that Pinellas, Pasco and City shall, upon request of
such authority or entity, transfer their rights and privileges here-
under and they shall receive full compensation from the said regional
water supply authority for the costs that they contributed to land
acquisition, as well as the costs for engineering, testing and perm-
anent construction provided for herein.
k) As used herein and in the conveyances herein provided
for, the term "recreational rights" shall mean the sole, exclusive
and permanent right to use and control the lands in which such
rights are granted for public recreational purposes; the term
"flood rights" shall mean the permanent right to flood the lands
in which such rights are granted for the purposes of the District;
and the term "grounldwater rights" shall mean the solo, exclusive
and permanent r.iCllt to take, llappropriate and use as a supply for
a water distribution systeml the ground, un(1er'groindl or subtCTr-
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rancan waters in and from the land in which such rights are granltd.
1) In the event Pinellas, Pasco and City shall, at any
time in the future, abandon the permanent well field, if constructed,
Pinellas, Pasco and City shall notify the District of such determi-
nation, and thereafter, Pinellas, Pasco and City shall have the right
to remove any and all parts of their installations upon the prop-
erty of the District; provided, however, that such installations
or parts thereof shall be removed by Pinellas, Pasco and City within
a reasonable time and Pinellas, Pasco and City shall cap, or cause
to be capped, all wells left in place, or plugged at the expense of
Pinellas, Pasco and City upon the determination by the District that
the wells must be plugged instead of capped.
m) In the event Pinellas, Pasco and City shall determine
that Cypress Creek is not suitable for development as a well field,
or shall abandon the permanent well field, if constructed, Pinellas,
Pasco and City shall be entitled to be repaid, without interest,
by the District, for all actual costs paid by Pinellas, Pasco and
City to District in connection with Phase 1. Such repayment shall
be made from any moneys available, or becoming available to the
Hillsborough River Basin Board for Cypress Creek water storage land
acquisition purposes.
n) The parties further agree that nothing contained
herein shall estop or in any way prevent the District from further
regulation of the withdrawal of water from the aforementioned well
field, as the District is authorized and directed to do under and
pursuant to the laws of the State of Florida, and provided, further,
that notwithstanding any of the provisions contained herein, the
withdrawal of water from the aforementioned well field shall, at all
times,' be subject to the applicable laws of the State of Florida
concerning consumption, appropriation, and regulation
of water, as provided in the laws of the State of Florida and the
applicable rules and regulations of the District that are in effect
at tic time of the execution of this agreement or as amended by
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11-7-73 #1
the State of Florida or the District under the Constitution and
the laws of the State of Florida.
6. Pinellas, Pasco and City shall each contribute one-third
of the funds required to meet the needs prescribed in Phases 1, 2
and 3. Failure to contribute any funds when required shall result
in a partial default. Upon such default the interests of the parties
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 day of
1973, it approved the terms of this agree-
ment and the execution thereof.
9. The Southwest Florida Water Management District hereby
affirms that, at a duly constituted meeting of its Board of Governors
on the day of 1973, it approved the terms
of this agreement and the execution thereof.
10. Pinellas hereby affirms that, at a duly constituted
meeting of the Board of County Commissioners on the day of
1973, it approved the terms of this
agreement and the execution thereof by Pinellas.
11. Pasco hereby affirms that, at a duly constituted
meeting of the Board od County Commissioners on the day of
1973, it approved the terms of this
agreement and the execution thereof by Pasco.
12. City hereby affirms that, at a duly constituted meeting
of the City Council on the day of 1973,
it approved the terms of this agreement and the execution thereof
by City.
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13. 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.
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: SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
By
Chairman
As to Southwest Florida Water Attest
Management District Secretary
HILLSBOROUGH RIVER BASIN
By
Chairman Ex-Officio
As to Hillsborough River Attest
Basin Secretary
PINELLAS COUNTY
By
Chairman, Board of
County Commissioners
As to Pinellas
Attest
Clerk of the Circuit Court
PASCO COUNTY
BY
Chairman, Board of
County Commissioners
As to Pasco
Attest
Clerk of the Circuit Court
CITY OF ST. PETERSBURG
BY
Mayor
As to City
Attest
City Clerk
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