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Signed, sealed and delivered BOARD OF COUNTY COMMISSIONERS OF
in the presence of: PINELLAS COUNTY
By
Chairman
Attest:
Clerk of Circuit Court
Signed, sealed and delivered CITY OF ST. PETERSBURG
in the presence of:
By
Mayor
Attest:
City Clerk
Signed, sealed and delivered CITY OF TAMPA
in the presence of:
By
Mayor
Attest:
City Clerk
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of its City Council, on the day of 1972, it ap-
proved the terms of this agreement and the execution thereof by St. Petersburg.
18. Tampa hereby affirms that, at a duly constituted meeting of its City
Council, on the day of 1972, it approved the terms of
this agreement and the execution thereof by Tampa.
IN WITNESS WHEPEOF, the parties hereto have executed this agreement the
day and year first above written.
Signed, sealed and delivered SOUTHWEST FLORIDA WATER MANAGEMENT
in the presence of: DISTRICT
By_
Chairman
As to District Attest:
Secretary
Signed, sealed and delivered SOUTHWEST FLORIDA WATER MANAGEMENT
in the presence of: DISTRICT (REGULATORY)
By
Chairman
Attest:
As to District Secretary
Signed, sealed and delivered HILLSBOROUGH RIVER BASIN, a subdivision'
in the presence of: of Southwest Florida Water Management
District
By
Chairman Ex Officio
Attest:
As to Basin Secretary
Signed, sealed and delivered BOARD OF COUNTY COMMISSIONERS OF
in the presence of: HILLSBOROUGH COUNTY
By
Chairman
Attest:
Clerk of Circuit Court
8 -
participants in this agreement or other governmental units as the future
might dictate, but only at the option of the owning City or County.
10. The parties further agree that the lands described in Exhibit A
may be used by the District as a wilderness and/or recreational park area
for the general public, provided that it does not interfere with the flood
detention and regional well field functions and facilities in the area.
The District will maintain all water supply facilities in a neat, clean and
sanitary manner and condition, and paint and otherwise keep, as nearly as
practicable, all facilities in a color, condition and manner as shall be
compatible and harmonious with the use of such lands as a wilderness and/or
recreational park area. Such maintenance will be performed by the District
and billed quarterly to the Cities and Counties on a proportionate basis.
11. The construction, operation and maintenance of transmission lines,
additional pumping stations and other necessary facilities outside the well
field to their existing distribution systems shall be the responsibility of
the Counties and Cities. It is the intent of the parties hereto that the
Counties and Cities cooperate in the construction, operation and maintenance
of these aforementioned facilities to the fullest extent possible to prevent
costly duplication.
12. The District hereby affirms that, at a duly constituted meeting
of its Board of Governors, on the day of 1972, it
approved the terms of this agreement and the execution thereof by the District.
13. The Basin hereby affirms that, at a duly constituted meeting of its
Board, on the day of 1972, it approved the terms of
this agreement and the execution thereof by the Basin.
14. Hillsborough hereby affirms that, at a duly constituted meeting of
its Board of County Commissioners, on the day of 1972,
it approved the terms of this agreement and the execution thereof by Hills-
borough.
15. Pasco hereby affirms that, at a duly constituted meeting of its
Board of County Commissioners, on the day of 1972,
it approved the terms of this agreement and the execution thereof by Pasco.
16. Pinellas hereby affirms that, at a duly constituted meeting of its
Board of County Commissioners, on the ____ day of 1972,
it approved the terms of the agreement and the execution thereof by Pinellas.
17. St. Petersburg hereby affirms that, at a duly constituted meeting
7 -
case of Phase I land acquisition.
c) The District shall 4-stribu-te the water to the Cities and
Counties. However, the District shall guarantee to each of the Cities and
Counties a certain percentage of the water withdrawn based on the following
method:
Amount of funds contributed by City or County
Percentage guaranteed = Amount of funds required for land acquisition x 100
but in no case shall the percentage guaranteed exceed %. However, a
certain quantity of use per day is not required and if one City or County
wishes to use the share owned by another on a given day, and the other has
no need foTb-t, then through the use of the metering station debits and
credits between users can be established for future repayment. It is recog-
nized by all of the parties hereto that there is no guarantee as to the exact
quantity in mgd or quality of the water that the Counties and Cities shall
receive, and that the capacity of the Cypress Creek well field may vary from
time to time. Only that quantity deemed hydrologically reasonable, for with-
drawal, including due consideration for adjoining lands, lakes and streams
\ ../ and for the aquifer itself, as determined by SWFWMD(R), will be authorized
for withdrawal. ,
8. The District shall make every effort to obtain funds from the State
of Florida to reimburse the Counties and Cities participating in this agree-
ment for the acquisition costs of the lands described in Exhibit A. As such
funds become available, the District shall reimburse said Counties and Cities
on an equal basis the actual cost of said land acquisition. If, for any rea-
son, the District is unable, within fifteen years of the date of this agree-
ment, to reimburse said Counties and Cities, as set forth in this paragraph,
it shall convey to the individual Counties and Cities the title to a portion
of the lands within the area which have not been reimbursed for by the District.
9. It is the intent and purpose of the parties hereto that, after the
District has reimbursed the Counties and Cities for the land acquisition costs,
as set forth in Paragraph 8 above, the said Counties and Cities shall continue
the permanent use of the wells and its other facilities, on said lands for
their water supplies, provided that they continue to comply with the rules,
regulations and law under which the District operates. All facilities placed
on the lands by the Counties and Cities shall, in any event, remain the pro-
perty of the Counties and Cities in proportion to extent of financial involve-
ment therein and may be exchanged for cash or other assets only to other
6 -
7. Upon the acquisition of said land under Phase I, the parties here-
to shall proceed with Phase II in the following manner:
a) The District shall immediately construct test wells throughout
the area described in Exhibit A, and shall run suitable pumping tests in
said area to determine the capacity of the Cypress Creek well field. The
construction of said test wells and the pumping tests shall be completed by
the District on or before days from the date it has completed the land
| acquisition under Phase I. All of the parties hereto shall cooperate in the
exchange of information and data obtained from the construction of said test
wells and the pumping tests, in order that all the parties may be fully ad-
vised of the results of such test wells and pumping tests. Upon completion of
said pumping tests, the District shall notify the parties hereto, in writing,
the results of said tests. The Counties and Cities agree that they will reim-
burse the District for all costs of construction of said test wells and said
pumping tests except for the cost of the technical supervision by the Dis-
trict's Engineers and Hydrological staff, and that said costs paid by the
Counties and Cities for said test wells and pumping tests will not be reim-
bursed to them by the District as in the case of the land acquisition costs,
as hereinafter provided. Upon the completion of said pumping tests, the Dis-
trict shall give a complete accounting to the Counties and Cities of the cost
of the construction of said test wells and the pumping tests, and certify the
same to be true and correct. Within thirty days of the date of said notifica-
tion, each of the Counties and Cities shall pay to the District its propor-
tionate share of the cost of the construction of said wells and pumping tests.
b) After this testing is completed the District will coordinate
and administer the design and construction of production wells, pumps, elec-
trical service, header and connector pipelines, and pumping, valving, metering
stations, and other necessary facilities for a regional well field, as common
facilities within the property, the cost of the same to be paid proportionately
by the parties using the same. Engineering will be performed by consulting
engineers under the District's usual negotiated procedures. Cost of the same
shall be reasonable. The construction of such facilities shall be accomplished
by the District under its normal construction processes and upon acceptance of
lowest and best bid, each of the parties shall remit within thirty days to the
District its proportionate share. The cost of design and construction of
these common facilities will not be reimbursable by the District as in the
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5. The parties agree that the lands described in Exhibit A should be
immediately acquired and used for the following multipurpose, to wit:
a) Flood Detention Area;
b) Regional fresh water well field;
c) Natural wilderness park;
d) Recreation park
6. The District's land acquisition shall proceed as follows and shall
be referred to as Phase I:
a) The District shall have the lands described in Exhibit A ap-
praised, and then notify the Counties and Cities, in writing, of the estimate
of the full acquisition cost of the land, including land values, appraisers'
fees, attorneys' fees, and landowners' appraisals and attorneys' fees, and
each of said Counties and Cities shall deposit with the District its share of
said funds within thirty days of said notification, said funds to be deposited
in banks authorized under the laws of the State of Florida and to draw the
maximum amount of interest, and said interest shall be credited to the account
of the Counties and Cities.
b) Immediately upon the deposit of said funds by the Counties and
Cities, the District shall proceed to acquire all of said lands described in
Exhibit A. 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 the respective
Counties and Cities participating in this agreement.
c) All costs of land acquisition shall be in accordance with normal
and usual procedures and costs incurred by the District in its acquisition of
lands, and said costs shall be reasonable. All information as to the cost of
acquisition of lands shall be made available to the Counties and Cities, upon
their request, at the District's office in Brooksville, Florida. At any time
that the District expends monies for land acquisition over the amounts on
deposit, as provided above, it shall notify the Counties and Cities to deposit
with the District the additional funds which, at that time, the District anti-
cipates will be needed to complete the entire land acquisition. Upon comple-
tion of said land acquisition, the District shall give a complete accounting
of the land acquisition costs to each of the parties in writing, and shall
certify the same to be true and correct.
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,;
NOW, THEREFORE, in consideration of the mutual covenants and conditions
herein contained, and for other good and valuable considerations, the parties
hereto agree as follows:
1. The parties hereto shall, pursuant to this agreement, establish a
regional fresh water well field in the area in Pasco County, Florida, known
as Cypress Creek Flood Detention Area, hereinafter referred to as "Cypress
Creek Well Field", and more particularly described in Exhibit A, attached
hereto and made a part hereof.
2. The lands described in Exhibit A include Cypress Creek and its im-
mediate drainage area between State Highway 52 and State Highway 54. The
said lands are considered by the parties hereto generally/to be a swampy,
flood-prone area, not suitable for residential or commercial purposes. How-
ever, certain of said lands are now being subdivided and sold for residential
areas and lots, contrary to the advice and notification to the owners thereof
by the District.
3. The District is legally obligated under the "Four River Basins,
Florida" project, with the United States of America and the United States
Corps of Engineers, to acquire the lands described in Exhibit A for the Cypress
Creek Flood Detention Area. It has been and is the District's intent and pur-
pose to acquire said lands by gift, purchase or condemnation. The continued
subdivision and sale of said lands for residential or commercial purposes will
cause the price of these lands to be raised unnecessarily above their actual
fair market value, and this situation necessitates the acquisition of these ,
lands by the District at the earliest possible date. Even though it is the
intent, purpose and legal obligation of the District to acquire the lands de-
scribed in Exhibit A for the Cypress Creek Flood Detention/Area, the District
is financially unable to accomplish the same, due to the lack of appropria-
tions by the Florida Legislature for the purpose of purchasing water storage
lands.
4. The parties do not have, at this time, the full and complete hydro-
logical information as to the full potential of the said lands described in
Exhibit A for the production of fresh water for a regional well field. How-
ever, the parties hereto believe that it is hydrologically and economically
feasible to use said lands as a regional fresh water well field for production
of waters for the consumption of the residents and industries of this region.
3 -
within the boundaries of the District and subject to the rules, regulations
and authority of the District, pursuant to Chapters 373 and 378, Florida
Statutes; and
WHEREAS, certain portions of Hillsborough and Pasco, and all of Pinellas,
St. Petersburg and Tampa, because of their dynamic growth of population and
industry, have found that their respective fresh water supply facilities have
become, or in the immediate future will become, overburdened and it is neces-
sary that they all obtain further supply areas to augment their present sup-
plies; and
WHEREAS, this problem of fresh water supply can best be met by a co-
operative venture by the parties hereto in creating a regional approach; and
WHEREAS, the District is a government agency already in existence with
a regional concept with the desire and the authority to develop a regional
water supply area with the parties hereto; and
WHEREAS, the parties hereto recognize the hydrologic importance of the
Cypress Creek area and it appears hydrologically and economically feasible
to use said lands as a regional well field for production of waters for the
consumption of the citizens of this region; and
WHEREAS, through proper planning multiple purposes can be made of said
lands, including, but not limited to, a regional well field, flood detention
area, natural wilderness park, and recreation park; 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 the necessary lands, and it may be
several years before acquisition can be fully accomplished; and
WHEREAS, it is for the benefit of the citizens and taxpayers of the
State of Florida that a cooperative effort be made by the parties hereto to
immediately acquire by purchase, gift, or condemnation the lands described
in Exhibit A at the earliest possible date; and
WHEREAS, the Counties, Cities, District, and Basin have entered 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 and pursuant to forms of governmental organiza-
tion that will accord best with geographic, economic, population, and other
factors influencing the needs and development of local communities;
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THIS AGREEMENT, made and entered into this day of
1972, by and between SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public
corporation of the State of Florida, and SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT (REGULATORY), established pursuant to Chapter 373, Florida Statutes,
hereinafter referred to as "District"; and HILLSBOROUGH RIVER BASIN BOARD, a
subdivision of the Southwest Florida Water Management District, hereinafter
referred to as "Basin"; and BOARD OF COUNTY COMMISSIONERS OF HILLSBOROUGH
COUNTY, hereinafter referred to as "Hillsborough"; and BOARD OF COUNTY COM-
MISSIONERS OF PASCO COUNTY, hereinafter referred to as "Pasco"; BOARD OF
COUNTY COMMISSIONERS OF PINELLAS COUNTY, hereinafter referred to as "Pinellas";
CITY OF ST. PETERSBURG, hereinafter referred to as "St. Petersburg"; and CITY
OF TAMPA, hereinafter referred to as "Tampa"; the said Hillsborough, Pasco,
Pinellas, St. Petersburg and Tampa also being hereinafter referred to collec-
tively as the "Counties" and "Cities",
WI TNESSET H:
WHEREAS. the District is a public corporation created under Chapter
61-691, Laws of Florida, 1961, as amended; and
WHEREAS, the Basin is a subdivision of the said District as provided
under Chapter 61-691, Laws of Florida, 1961, as amended; and
WHEREAS, the .Counties of HilIsborough, Pasco and Pinellas are bodies
politic; and
WHEREAS, St. Petersburg and Tampa are municipal corporations; and
WHEREAS, in the construction of the federally authorized project, "Four
River Basins, Florida", a large amount of water storage lands must be acquired
for the Cypress Creek Flood Detention Area by the Southwest Florida Water Man-
agement District for the detention of floodwaters and the conservation of same;
and
WHEREAS, it is the intent and purpose of the District to acquire through
negotiations, or condemnation if necessary, the lands within the Cypress Creek
Flood Detention Area, said lands being legally described in Exhibit A, which
is attached hereto and made a part hereof, for the construction of said pro-
ject; and
WHEREAS, the lands within the Cypress Creek Flood Detention Area, are
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