Toho Water Authority 101 North Church Street, 2" D Floor HEAR

Toho Water Authority 101 North Church Street, 2" d Floor Kissimmee, FL 34741 www. tohowater. com

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Board of Supervisors Q tZ

Bruce R. Van Meter, Chairman Brian L. Wheeler, Executive Director Mary Jane Arrington, Vice Chairman Mike Davis, Attorney John E. Moody, Supervisor Steve Johnson, Attorney John C. Reich, Supervisor James W. Wells, Supervisor

AGENDA JUNE 13, 2007 5: 00 PM

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6. HEAR AUDIENCE ( Anything requiring a vote will be heard at a later date)

7. CONSENT AGENDA

The Consent Agenda is a technique designed to expedite handling of routine and miscellaneous business of the Board of Supervisors. The Board of Supervisors in one motion may adopt the entire Agenda. The motion for adoption is non - debatable and must receive unanimous approval. By request of any individual member, any item may be removed from the Consent Agenda and placed upon the Regular Agenda for debate.

A. APPROVAL OF DEVELOPER SERVICE AGREEMENT AMENDMENT FOR BOCA PALMS

B. APPROVAL OF MODIFICATION OF THE POINCIANA BLVD PHASE 1 RESIDENT PROJECT REPRESENTATIVE SERVICES SCOPE OF SERVICES TO ALLOW RESIDENT PROJECT REPRESENTATIVE SERVICES ON OTHER PROJECTS CURRENTLY UNDER CONSTRUCTION

C. APPROVAL OF CONSTRUCTION CONTRACT WITH GIBBS & REGISTER, INC. FOR IMPROVEMENTS TO LIFT STATION # 6 AND LIFT STATION # 116

D. APPROVAL SURPLUS PORPERTY AUCTION AND ASSET DISPOSAL LIST 8. INFORMATIONAL PRESENTATIONS ( REQUIRING NO ACTION)

LANGHAM CONSULTING SERVICES, INC.

9. OLD BUSINESS:

A. APPROVAL OF PILOT PROGRAM FOR WATER CONSERVATION STAFFING

B. APPROVAL OF RESOLUTION 2007- 009, A RESOLUTION AMENDING THE DEFINITION OF AUTHORIZED DENOMINATIONS SERIES 2007 BONDS CONTAINED IN RESOLUTION NO. 2007- 005

10. NEW BUSINESS:

A. REPORT TO THE BOARD OF SUPERVISORS ON THE AUTHORITY' S WATER USE PERMIT TO BE ISSUED BY SOUTH FLORIDA WATER L& L101FACI: I Ul: a k95160019Owl II"•

B. APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ST. CLOUD, THE TOHOPEKALIGA WATER AUTHORITY, ORANGE COUNTY, POLK COUNTY, REEDY CREEK IMPROVEMENT DISTRICT, AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT REGARDING WETLAND RESTORATION

C. APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ST. CLOUD, THE TOHOPEKALIGA WATER AUTHORITY, ORANGE COUNTY, POLK COUNTY, REEDY CREEK IMPROVEMENT DISTRICT, AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT REGARDING WATER SUPPLY RESERVOIR PLANNING AND DEVELOPMENT

D. A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TOHOPEKALIGA WATER AUTHORITY ADOPTING A SCHEDULE OF RATES, FEES, AND CHARGES FOR THE POINCIANA UTILITY SYSTEM AND PROVIDING FOR APPLICABILITY AND AN EFFECTIVE DATE ( RESOLUTION NO. 07- 008)

oil CATEGORY: Consent

Attachment( s): Developer Service Agreement Amendment

APPROVAL OF DEVELOPER SERVICE AGREEMENT AMENDMENT FOR BOCA PALMS

Explanation: The Boca Palms project, developed by Calusa Palms Limited Partnership, is located on Thacker Avenue, south of Oak Street and is required to enter into a standard Developer Service Agreement (" DSA") with the Tohopekaliga Water Authority (" TWA") as a condition of water, reuse, and wastewater service.

A DSA has been previously fully executed by the Developer and the Authority. After the DSA was executed, it was determined that a water main stubout which previously existed on Thacker Avenue and was to be utilized on this project had been removed with the widening of Thacker Avenue in the early 1990' s. This DSA Amendment acknowledges that the Authority will fund the construction costs to replace this water main connection on Thacker Avenue.

The Special Conditions of the DSA Amendment contain one condition which requires:

4. The DEVELOPER shall construct a water main to connect to the on site water main to either the existing water main on Thacker Avenue or the existing water main which serves the fire hydrant located on the property located immediately to the south of the project. Toho will reimburse the DEVELOPER for the entire construction cost for the installation of the portion of this water main located between the southeastern property boundary of the project and the connection point. a. The DEVELOPER shall provide to Toho construction costs which include: Unit prices for the pipes, fittings, valves, restraint mechanisms, wet taps, directional boring, soils and pipe testing, record drawings, and other accessories and work required for the construction of this portion of the water main. b. The construction costs are to be submitted to TWA for review and approval by staff prior to the start of any construction on said water staff approval of unit prices, TWA shall submit the pricing to the Board of Supervisors or their designee with an approval

recommendation. C. Amounts above those previously approved by the Board of Supervisors or their designee require separate approval.

Recommendation: Staff recommends approval of the Developer Service Agreement Amendment for the Boca Palms project.

C -DSA Amend BocaPalms. 06. 13. 07. ge

7A Amendment to the Toho Water Authority Water and Wastewater System Standard Developer' s Service Agreement OR 3248/ 25/ 2 through 2524.

This Amendment ( the " Agreement") is made this day of , by and between Tohopekaliga Water Authority, an independent special district established and created pursuant to Chapter 189, Florida Statutes ( hereinafter referred to as Toho") and Calusa Palms Limited Partnership ( hereinafter referred to as " Developer") and in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by the parties, the Developer and Toho hereby covenant and agree as follows:

1) The following Special Conditions are mutually agreed upon between the Developer and Toho and are intended to amend, supplement, and add the following conditions to the previously recorded Section 21 Special Conditions section of the Developer' s Service Agreement as recorded in OR 324812512 through 2524 as follows:

4. The DEVELOPER shall construct a water main to connect the on- site water main to either the existing water main on Thacker Avenue or the existing water main which serves the fire hydrant located on the property located immediately to the south of the project. Toho will reimburse the DEVELOPER for the entire construction cost for the installation of the portion of this water main located between the southeastern property boundary of the project and the connection point. a. The DEVELOPER shall provide to Toho construction costs which include: Unit prices for the pipes, fittings, valves, restraint mechanisms, wet taps, directional boring, soils and pipe testing, record drawings and other accessories and work required for the construction of this portion of the water main. b. The construction costs are to be submitted to TWA for review and approval by staff prior to the start of any construction on said water main. Upon staff approval of unit prices TWA shall submit the pricing to the Board of Supervisors or their designee with an approval recommendation.

c. Amounts above those previously approved by the Board of Supervisors or their designee require separate approval.

II) All other terms, conditions, and covenants of the Developer' s Service Agreement as recorded in OR 3248 pages 2512 through 2524 shall remain in full force and effect. IN WITNESS WHEREOF, DEVELOPER and TOHO have executed or have caused this Amendment, with the named Exhibits attached, if any, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement.

TOHOPEKAL. IGA WATER AUTHORITY

in Bruce R. Van Meter, Chairman Board of Supervisors

Attest: John E. Moody, Secretary

FOR THE USE AND RELIANCE OF TOHOPEKALIGA WATER AUTHORITY ONLY, APPROVED AS TO FORM.

Dated: 20

TWA Attorney

Signed, sealed and delivered in the presence of:

J / l li C>Y ..' t o

CORPORATE SEAL] x:

T: 1DEVELOP120051050134. ge\ AgreementslDSA Ammendment - Boca Palms - REVISE© per May 2007 meeting. doc

2 STATE OF FLORIDA COUNTY OF i%

The foregoing instrument was acknowledged before me this l day of by

of— tea / u. m a 0 r a uthor t do ,business in theStte of Florida, on behalf of the corporation. He is Personallv known to me or has produced as identification and did ( did not) take an

Kimberly M. McAllister f Commission # N ; DD544363 0 vV I a Q Expires June 12, 2008 e ° ® rsrs9rsd Troy a+n • Irrauranca, Inc 96a 300. 7049 STATE OF FLORIDA COUNTY OF OSCEOLA

The foregoing instrument was acknowledged before me this day of 2005, by , of , a authorized to do business in the State of Florida, on behalf of the corporation. He is personally known to me or has produced as identification and did ( did not) take an oath.

M CATEGORY: Consent

Attachment( s): Scope

APPROVAL OF MODIFICATION OF THE POINCIANA BLVD PHASE 1 RESIDENT PROJECT REPRESENTATIVE SERVICES SCOPE OF SERVICES

Explanation: On September 27, 2006 the Board approved a Scope of Services from Tetra Tech HAI which provides full time Resident Project Representative ( RPR) services on the Poinciana Blvd Phase 1 project. The RPR Scope of Services provided a total of 2, 000 hours of RPR services. When the RPR Scope of Services was approved by the Board, staff expected the Poinciana Blvd Phase 1 project to be completed during November 2007 per the contract documents. This project is currently nearing completion significantly ahead of schedule with substantial completion expected to occur mid- June 2007. This early completion will leave approximately 310 hours of RPR services available under the RPR Scope of Services contract.

This agenda item proposes that the remaining hours on the RPR Scope of Services be utilized on other Authority projects which are currently under construction once the Poinciana Blvd Phase 1 project is complete. The remaining 310 RPR hours left from the Poinciana Blvd contract will not be exceeded without prior approval by the Board or their designee.

Currently there are two projects currently under construction which would benefit from the full- time availability of the RPR.

The first project is the BVL Force Main and Lift Station project which will transfer the BVL wastewater flow from the existing BVL WRF site to the South Bermuda Water Reclamation Facility ( WRF) thereby allowing the decommission of the BVL WRF. This project has multiple active work zones located between the BVL WRF and Centerview Avenue with multiple pipe crews and subcontractors working concurrently. The geographic scope of the project and additional workload from other projects makes it difficult for the TWA inspector currently assigned to the project to visit all areas of work each day for any substantial amount of time. Substantial completion for this project is scheduled for December 2007.

The second project is the Sanitary Sewer Rehabilitation and Replacement Phase 1 Project. This project will replace and rehabilitate sections of existing gravity sewer main and sewer laterals in the Canterbury/ Clyde section of Kissimmee. This project involves the slip lining of the existing sewer main and the direct replacement of the sewer laterals. This project would benefit from the additional supervision provided by the RPR due to his knowledge of the slip lining process.

Recommendation: Staff recommends modification of the Scope of Services to the Poinciana Blvd Ph 1 RPR Services.

RPR Services - BVL FM & Sanitary Sewer Replacement. 06. 13. 07.ge 7B TETRA TECH

May 31, 2007 Revisers June 8, 2007

Mr. George Eversole, E. I. Toho Water Authority Department of Water Resources 101 N. Church Street Kissimmee, Florida 34741- 5013

Subject: Capital Improvement Projects Resident Project Representative Services

Tt # 95. 0076. 11305

Dear Mr. Eversole:

Tetra Tech ( Tetra Tech) shall provide full- time Resident Project Representative ( RPR) services during the construction of the various capital improvement projects to assist Toho Water Authority ( TWA) in providing more continuous observation of the progress and quality of the construction work and to determine in general if it is proceeding in accordance with the Contract Documents. The RPR will provide full time representation as directed by TWA. It is estimated that the budget for these services will be $ 21, 738 or 310 hours.

The duties and responsibilities of the RPR are described as follows:

1. General. RPR is TWA' s agent at the Site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR' s actions. RPR' s dealings in matters pertaining to the CONTRACTOR.' s work in progress shall in general be with ENGINEER and CONTRACTOR. RPR' s dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with ENGINEER with the knowledge of and under the direction of ENGINEER.

a. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability.

b. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, job conferences and other project -related meetings. Conduct weekly progress meetings with the CONTRACTOR and ENGINEER representatives and prepare and circulate copies of

101 ', ast Pirie Street, Suitc 11 000, Orlando, FL 32801 Tek 407, 839. 3955 Fax 407. 839. 3790 w . tetrat.ech,cnm TETRA TECH Mr. George Eversole, E. I. May 31, 2007 Revised June 8, 2007 Page 2

agenda and minutes thereof During the weekly meetings, the following will be reviewed, as a minimum schedule, activities planned for the upcoming week, change order status. RFI status, pay request status, critical project issues, outstanding submittals, field orders, etc.

C. Liaison: 1) Serve as ENGINEER' s liaison with CONTRACTOR, working principally through CONTRACTOR' s superintendent and assist in understanding the intent of the contract documents. 2) Assist ENGINEER in serving as liaison with CONTRACTOR

when CONTRACTOR' s operations affect TWA on- site

operations. 3) Assist in obtaining from ENGINEER additional details or information, when required for proper execution of the Work. 4) Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER.

d. Shop Drawings and Samples 1) Record date of receipt of Samples and approved Shop Drawings. 2) Receive Samples, which are furnished at the Site by CONTRACTOR, and notify ENGINEER of availability of Samples for examination and approval. 3) Advise ENGINEER and CONTRACTOR of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal. has not been approved by ENGINEER.

iWodifzcations: Consider and evaluate CONTRACTOR' s suggestions for modifications . in Drawings or Specifications and report with RPR' s recommendations to ENGINEER. Transmit to CONTRACTOR in writing decisions as issued by ENGINEER.

f Review of Work and Rejection ofDefective Work: 1) Conduct on- site observations of CONTRACTOR' s work in progress to assist ENGINEER in determining if the work is in general proceeding in accordance with the Contract Documents. 2) Report to ENGINEER whenever RPR believes that any part of CONTRACTOR' s work in progress will not produce a completed project that conforms generally to the Contract Documents or will TETRA TECH Mr. George Eversole, E. I. U May 31, 2007 Revised June 8, 2007 Page 3

prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval.

g. Inspections, Tests, and System Startnps: 1) Consult with ENGINEER in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. 2) Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate ENGINEER' s personnel, and that CONTRACTOR maintains adequate records thereof. 3) Observe, record, and report to ENGINEER appropriate details relative to the test procedures and systems startups. 4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to ENGINEER.

h. Records: 1) Maintain at the site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, ENGINEER' s clarifications and

interpretations of the Contract Documents, progress reports, approved Shop Drawing and Sample submittals received from and

delivered to CONTRACTOR, and other Project related documents. RPR shall be provided two ( 2) copies from ENGINEER of all construction documents and correspondence at the sane time they are provided. to TWA. 2) Prepare a report, in daily electronic format, recording CONTRACTOR' s hours on the Site, CONTRACTOR' s daily staffing and equipment on the site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, site visitors, daily activities, decisions, observations in general, and specific TETRA ' TECH Mr. George E,versole, E. 1, May 31, 2007 Revised June 8, 2007 Page 4

observations in more detail as in the case of observing test procedures; and send copies to ENGINEER and TWA.

3) Record names, addresses and telephone numbers of all

CONTRACTORS, subcontractors, and major suppliers of

materials and equipment. 4) Maintain records for use in preparing Project documentation. 5) Upon completion of the Work, furnish an original set of all RPR Project documentation to ENGINEER and a record copy to TWA. G) Maintain daily photo records of construction activities illustrating the progress of the work as well as construction issues

encountered.

Reports: 1) Furnish to ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR' s compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. 2) Draft and recommend to ENGINEER proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from CONTRACTOR. 3) Furnish to ENGINEER and TWA copies of all reports generated during construction. 4) Report immediately to ENGINEER the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes.

j. Payment Requests: Review Applications for Payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work.

k. Completion:

1) Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 2) Observe whether CONTRACTOR has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over TETRA TECH Mr. George Eversole, E. I. May 31, 2047 Revised , lune 8, 2007 Page 5

the Work. 3) Participate in a substantial completion inspection in the company of ENGINEER and CONTRACTOR and prepare a final list of items to be completed or collected. 4) Observe whether all items on final list have been completed or collected and make recommendations to ENGINEER concerning acceptance and issuance of the Notice of Acceptability of the Work.

Sampling; and Testing 1) Coordinate with the CON'T' RACTOR and with a TWA contracted materials testing company, the scheduling of all testing required by the specifications. 2) Observe the performance of field testing of soils, materials, coatings, etc. required by the specifications to assist ENGINEER in ascertaining that the type and frequency of tests have been performed and determine the acceptability of the results based on the contract specifications.

Thank you for the opportunity to work with the TWA on this project. Please let me know if you have any questions regarding this scope of services.

Very truly yours,

Tetra Tech

on D Fox, Vice President

JUF/ shn/ 95. 0076. B05/ corresp/ Eversole- R. jd f.doc PCS CATEGORY: Consent

ATTACHMENTS: Letter of Recommendation from Rockett & Associates, Inc. to award construction contract to the low bidder.

APPROVAL OF CONSTRUCTION CONTRACT WITH GIBBS & REGISTER, INC. FOR IMPROVEMENTS TO LIFT STATION # 6 AND LIFT STATION # 116

EXPLANATION: Toho Water Authority is currently constructing a lift station and force main to facilitate the decommissioning of the BVL Water Reclamation Facility ( WRF). The raw wastewater, approximately 1. 7 million gallons per day, will be pumped from the BVL WRF location to the S. Bermuda WRF via the new lift station and force main and two existing re - pump stations, Lift Station # 6 and Lift Station # 116. The new force main from the BVL WRF, routed along Osceola Parkway, will be connected to Lift Station # 116, located at the corner of Osceola Parkway and John Young Parkway. Lift Station # 116 pumps to LS# 6 via a force main located along Dyer Blvd. Lift Station # 6, near the Kissimmee Airport, pumps directly to the S. Bermuda WRF.

The flows to LS # 6 and LS # 116 from the BVL WRF decommissioning will require modifications to these stations. LS # 6 and LS# 116 were originally designed and constructed to accommodate future development; additional space was provided in the wet wells and at the lift station sites for pumps, piping, electrical and other appurtenances.

In addition to installation of pumps and piping, other improvements, such as upgrade of the telemetry to current standards, wet well and piping coatings, replacement of check valves, and the addition of motor soft starters and odor control at LS# 116 will also be constructed. The new pump at LS# 6 will be outfitted with a variable frequency drive, as are the two existing pumps.

The project was advertised in the legal section of the Orlando sentinel for two consecutive weeks. Four bids were received; the bids were opened on June 5, 2007. The bids were assessed and tabulated by Rockett & Associates, Inc. with whom TWA has a contract for design and construction services on this project. Additionally, Rockett checked several references, including municipalities and engineers, as to the quality of Gibbs & Register' s work and has recommended award of the bid to Gibbs & Register, Inc. based on the reference check and low bid price of $ 870, 000. The following bids were received:

Contractor Total Bid Gibbs & Register, Inc. 870, 000 Prime Construction 878, 000 CenState Contractors, Inc. 907, 000 Wharton - Smith, Inc. 947, 000 A contingency of $43, 500 ( 5%) is also requested for this project.

This design project will be funded through S10704, S10615, WE0616 AND P130704.

RECOMMENDATION: Staff recommends awarding the construction contract to Gibbs & Register, Inc. for the bid amount of $ 870, 000 for the improvement to LS # 6 and LS # 116 plus an additional 5% contingency fee of $43, 500 in the total amount of $913, 500.

LS# 6&# 118ConstructionAward. 06. 13. 07. db ROCKETT & ASSOCIATES CONSULTING/ CIVIL ENGINEERS& SURVEYORS

June 6, 2007

Ms. Deb Beatty, P.E. Tohopekaliga Water Authority 101 North Church Street, 2nd Floor Kissimmee, FL 34741

Re: Pump Station Rehabilitation Project No. 124807.005

Dear Ms. Beatty:

As requested, Rockett & Associates have reviewed the bids received for the Pump Station Rehabilitation project. We have prepared a complete tabulation of all the bids received and have attached the Bid Tabulation for your review. Based on the bid review and reference checks we herein provide a recommendation for award of the contract.

The results of the bid review are as follows:

Gibbs & Register, Inc. is the low bidder, with a total base bid amount of $870, 000. 00. As required by the bid documents, Gibbs & Register had acknowledged the one Addendum and had included a 5% Bid Bond with their submittal. We have a considerable history of working with Gibbs & Register on previous projects, and have received favorable responses from the references we were able to contact.

There were three other bidders including the following: Prime Construction Group, Inc @ 878, 000.00; CenState Contractors @ $907, 000.00; and Wharton- Smith, Inc @ $947,000. 00.

All of the bids received appear balanced with the lump sum costs for each of the pump station variations within reasonable limits.

References, which included municipalities and engineers, were contacted regarding Gibbs & Register, Inc. current and past performance. Gibbs & Register received positive reviews as to the quality of there work from all who were contacted. There was no suggestion that Gibbs & Register was not qualified or lacked the experience that would prevent them from performing the work required by the project.

Based on our review, the low bid price of $870, 000 and information obtained from references contacted, we recommend that Gibbs & Register, Inc. be awarded the contract for the construction of the Tohopekaliga Water Authority' s Pump Station Rehabilitation.

It you have any questions regarding the recommendation provided herein, our review of the bid form or our discussions with others referencing Gibbs & Register recent performance, please contact the undersigned.

ORLANDO 1685 LEE ROAD, SUITE 100, WINTER PARK; FL 32789 14071 894- 4804 FAX ( 4071 894-.W.5 woAFAI Ms. Deb Beatty, P.E. June 6, 2007

Sincerely, Rockett & Associates

R Kent Veech, P. E. Senior Project Engineer

Attachment: Bid Tabulation CATEGORY: Consent

Explanation: Asset disposal is a part of the administrative services provided by the City of Kissimmee' s Central Services Department. The department has compiled a list of the Authority' s fixed assets examined and turned over for disposal for Board approval. If approved, these assets will be disposed of and written -off the accounting ledgers. We are requesting the Board' s approval to dispose of the fixed asset items listed below through auctioning.

The City contracts with George Giddeon Auctioneers in conjunction with several other local governmental agencies for auctioning services.

The cost of the services usually amounts to about 10% of the auction proceeds which includes the auctioneer moving the vehicles and other items to the auction site.

AUCT# ITEM & DESCRIPTION MODEL SERIAL #

TOHO 1 1998 CHEVY PICKUP WS184 PICKUP 1GCEK14M8WZ203788

TOHO 2 2000 FORD F- 150 WS222 4X2 1FTRF17W1YNB26453

TOHO 3 1999 FORD F- 150 WS210 4X4 1 FTRF18WXXNBO6425 TOHO 4 1997 DODGE VAN WS158 VAN 2137HB11X3VK534632 TOHO 5 2000 BERING TRK WS255 TRK KMFHB47A7YC119178 TOHO 6 2000 BERING TRK WS254 TRK KMFHB47AOYCl 19202

TOHO 7 1998 FLEETSIDE GMC WS182 PICKUP 1GCEC14W8WZ198798

TOHO 8 1984 VENDURA GMC WS284 G- 350 1GTGG35M9E7514614

TOHO 9 1994 F- 350 WS120 TRK 1 FDKE37M6RNB62857

TOHO 10 2000 BERING LANDSCAPE WS256 TRK KMFHB47A8YC119190

TOHO 11 1998 CHEVY PICKUP WS181 TRK 1GCEK19S1WE171958

TOHO 12 2001 JOHN DEERE MOWER WS259 1445 TC1445DO10053

TOHO 13 2003 FERRIS MOWER WS267 MOWER 374

TWA 1 COMPUTER LAPTOP CF- 27RA48AA MDCP9CKSA06247

TWA 2 COMPUTER LAPTOP CF- 27RA48AA MCDP9CKSA06204

TWA 3 NEC MONITOR N/ A N/ A

TWA 4 DELL DIMENSION XPSD333 G4W53 TWA 5 DELL COMPUTER OPTIPLEX GX200 TWA 6 DELL COMPUTER PRECISION 530 JQRB11

TWA 7 DELL COMPUTER N/ A 83HT701

TWA 8 OKIDATA FAX 2400 4GO1408015900

TWA 9 DELL DIMENSION XPST450 5F71 W TWA 10 DELL OPTIPLEX GX200 9ZC6901 TWA 11 DELL OPTIPLEX GX200 HZC6901 TWA 12 DELL OPTIPLEX GX1 P G5YWZ

TWA 13 HP DESKJET PRINTER 990CX1 MY09F1C013

TWA 14 DELL MONITOR 7095901 55341A28ZR48

TWA 15 DELL MONITOR N/ A MX 06D251 TWA 16 DELL PRINTER/ COPIER N/ A D7VKJ21 AUCT# ITEM & DESCRIPTION F - MODEL I SERIAL # TWA 17 EPSON PRINTER I N/ A 1 6211687029 TWA 18 1 DELL MONITOR 59119 N/ A TWA 19 DELL MONITOR 7031456 N/ A

TWA 20 DELL MONITOR 7073512 2221DAOLBK19

TWA 21 DELL MONITOR MX06D2547741 2646082

TWA 22 DELL MONITOR 2232227 30985Q8M

TWA 23 DELL MONITOR N/ A 8881469

TWA 24 OKIDATA 2350 13G01711901519

TWA 25 DELL OPTIPLEX 2 GX300 NIA

TWA 26 HP DESKJET 6122 MY2AP2C044

TWA 27 DELL OPTIPLEX GX260 N/ A

TWA 28 DELL MONITOR ULTRASCAN 7073477

TWA 29 HP BUSINESS INKJET 2300 C5876A SG79J1 K09G

Recommendation: Staff recommends Board approval of the disposal of the listed fixed assets through auctioning.

Approval of Property Auction List June 2007. 06. 13. 07. rf

m LANGHAM CONSULTING SERVICES, INC.

EXPLANATION: Toho Water Authority has been conducting an evaluation of automatic meter reading systems for the past 3+ years. The cost benefit analysis has been completed. The Board directed to have Langham Consulting Services, Inc. ( LCS) develop the RFP procedures.

LCS has completed the RFP development process along with a selection of implementation methods for the Board' s information.

The staff will welcome the Board' s comment and input in preparing the budget to implement the project.

Lang hamConsu ItingServices lnc.06. 13. 07. mj CATEGORY: New Business

Attachment( s): Personnel Budget Amendment — Utility Tech I I ( two part-time positions)

APPROVAL OF PILOT PROGRAM FOR WATER CONSERVATION STAFFING

Explanation: With today's automated irrigation controllers, over watering is the rule rather than the exception. Analysis of billing data shows that residential water use has increased in newer subdivisions, largely a result of increased irrigation use. Many customers do not know how much water their lawns need or how to set their controllers. As the 2013 ceiling on groundwater withdrawal allocations approaches and development continues, water conservation will play a more important role in water demand management. Excessive irrigation is the " low hanging fruit" of the TWA water conservation program.

The Water Waste Resolution ( 06- 005) defined the penalty and hearing structures to enforce watering days and times, and limit leaks, over watering, and watering after significant rainfall. Resolution 07- 006 designated watering days for all TWA service areas. To date, enforcement has been sporadic and limited. While education and outreach regarding watering days will decrease overall water demand to a limited extent, enforcement and associated education will provide further water demand reduction.

Two part-time positions are requested to provide consistent and responsive watering day enforcement/ education. While these positions have been planned for the FY 07/ 08 budget, excess funds are currently available in the FY 06/ 07 personnel budget to start a pilot enforcement project. Current drought conditions are impacting the abilities of both the water treatment plants and the reclaim water systems to meet demands, and an active enforcement program would provide much needed relief from high demands.

Below is the financial impact to the personnel budget:

New Part- time Positions Current Proposed Net Change Utility Tech II $ 0 $ 51, 400 $ 51, 400

age of budget year expended 75% Budget Funding Request $ 12, 850 The table below summarizes the current funded positions and recommended additions:

Business Operations Engineering and Administration Total Construction Services

Current 116 29 16 8 170

Proposed 2 0 0 2 2 Part- time positions)

Total 118 29 16 10 173

Recommendation: Recommendation: StaffStaff recommendsrecommends approvalapproval toto amendamend thethe FY2007FY2007 OperatingOperating BudgetBudget addingadding two two( ( 2)2) newnew part-part- timetime positions.positions.

Personnel Personnel Budget Budget Amendment. Amendment. 06.06. 13.13. 07.07. 1b1b CATEGORY: Old Business

Attachments: Resolution 07- 008

APPROVAL OF RESOLUTION 2007- 008, A RESOLUTION AMENDING THE DEFINITION OF AUTHORIZED DENOMINATIONS SERIES 2007 BONDS CONTAINED IN RESOLUTION NO. 2007- 005

Explanation: The Master Bond Resolution for the Toho Water Authority adopted by the Board of Supervisors on April 11, 2007 authorized denominations in $ 25, 000 integral multiples. The current variable rate mode selected, Auction Rate Securities ( ASR), is denominated in $ 5, 000 integral multiples. The bond sizing of $ 92, 395, 000, at $ 25, 000 integral multiples, resulted in the individual annual principal maturities set at that time not being equally divisible by 25, therefore incompatible with the current ASR mode. When the floating to fixed Swap was implemented in January the bond sizing did not contemplate ARS in 25, 000 denominations.

The amending resolution corrects the defect by amending the definition of authorized denominations contained in Resolution No. 2007- 005 to the current ARS mode of $ 5, 000 integral multiples as opposed to $ 25, 000 integral multiples.

Recommendation: Staff recommends approval of the Resolution 2007- 008, a resolution amending the definition of authorized denominations contained in Resolution No. 2007- 005.

Resolution Amend Master Bond Reso104- 11- 2007. AUTHORIZED DENOM I NATI ONS. 06. 13. 07. RH WOMENMMM SOUTHEASTERN INVESTMENT SECURITIES, INC. SISFINANCIAL ADVISORS AND PRIVATE INVESTMENT BANKING

RICHARD T.WAGNER President

MEMORANDUM

TO: The Authority Governing Board Members Brian Wheeler, Executive Director

FROM: Richard T. Wagner

RE: Toho Water Authority Utility System Variable Rate Revenue Bonds, Series 2007: Amendment to Resolution 2007- 005 DATE: June 4, 2007

The enclosed resolution for the Board' s consideration has been prepared to amend the definition of Authorized Denominations contained in Resolution No. 2007- 005 previously adopted by the Board on April 11, 2007 ( the " Resolution").

This amending resolution will allow the Series 2007 Bonds to be redenominated in $ 5, 000 integral multiples in the current Auction Rate Securities ( ARS) mode as opposed to $ 25, 000 integral multiples. This amendment will cure a defect that was not identified by the finance team at the time of adoption of the Resolution.

When the floating to fixed Swap was implemented in January the bond sizing didn' t contemplate ARS in $ 25, 000 denominations and as a result all of the individual annual principal maturities set at that time were not equally divisible by 25.

We recommend the Board' s adoption of this amending resolution allowing the modification in the Authorized Denomination definition in the Resolution allowing the Series 2007 Bonds to remain in the ARS mode which is the least expensive mode currently for the Authority. This amendment, prepared by Bryant Miller Olive as bond counsel and in consult and concurrence with the Series 2007 Bonds Broker Dealer and Auction Agent. RESOLUTION NO. 2007- 008

A RESOLUTION AMENDING THE DEFINITION OF AUTHORIZED DENOMINATIONS

CONTAINED IN RESOLUTION NO. 2007- 005 OF THE BOARD OF SUPERVISORS, ADOPTED

APRIL 11, 2007, AND ENTITLED:

A RESOLUTION SUPPLEMENTING RESOLUTION 2003- 005 OF THE

TOHOPEKALIGA WATER AUTHORITY FLORIDA; AUTHORIZING THE

ISSUANCE OF ITS UTILITY SYSTEM VARIABLE RATE REVENUE BONDS, SERIES

2007 IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $ 92, 395, 000

FOR THE ACQUISITION OF CERTAIN UTILITY ASSETS AND THE ACQUISITION

AND CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO

THE AUTHORITY' S UTILITY SYSTEM, INCLUDING SUCH ASSETS; PROVIDING FOR THE TERMS OF SUCH 2007 BONDS; ESTABLISHING A FORM OF THE 2007

BONDS; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT,

AND AUTHORIZING EXECUTION AND DELIVERY OF AN OFFICIAL

STATEMENT, IN CONNECTION WITH THE MARKETING OF THE 2007 BONDS;

AUTHORIZING THE CHAIRMAN OR EXECUTIVE DIRECTOR TO AWARD THE

SALE OF THE 2007 BONDS TO FIRST SOUTHWEST COMPANY ON A

NEGOTIATED BASIS AND ESTABLISHING THE CONDITIONS TO SUCH SALE AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT; DESIGNATING THE BANK OF

NEW YORK TRUST COMPANY, N.A. AS THE REGISTRAR AND PAYING AGENT

WITH RESPECT TO THE 2007 BONDS; APPOINTING FIRST SOUTHWEST

COMPANY AS BROKER- DEALER WITH RESPECT TO THE 2007 BONDS AND

APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A

BROKER- DEALER AGREEMENT; APPOINTING OR PROVIDING FOR THE

APPOINTMENT OF DEUTSCHE BANK TRUST COMPANY AMERICAS AS

AUCTION AGENT WITH RESPECT TO THE 2007 BONDS; APPROVING THE FORM

OF A COMMITMENT LETTER FROM CIFG ASSURANCE NORTH AMERICA, INC.

TO PROVIDE A MUNICIPAL BOND INSURANCE POLICY AND A SURETY BOND

POLICY WITH RESPECT TO THE 2007 BONDS AND AUTHORIZING THE CHAIRMAN OR THE EXECUTIVE DIRECTOR TO EXECUTE AND DELIVER THE

SAME ON BEHALF OF THE ISSUER; APPROVING THE FORM OF A CONTINUING

DISCLOSURE AGREEMENT; AUTHORIZING OFFICIALS OF THE ISSUER TO TAKE

ACTIONS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH ANY

OF THE FOREGOING; PROVIDING FOR OTHER MATTERS RELATING THERETO;

AND PROVIDING AN EFFECTIVE DATE.

BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE TOHOPEKALIGA WATER

AUTHORITY:

SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of Chapter 2003- 368, Laws of Florida, and other applicable provisions of law collectively, the " Act"); and pursuant to the provisions of Resolution 03- 005 adopted by the Board of Supervisors ( the ' Board") of the Tohopekaliga Water Authority ( the " Authority") on July 17, 2003, as amended and supplemented from time to time (the "Master Bond Resolution").

SECTION 2. FINDINGS. It is hereby found, determined and declared by the Board as follows:

A. The Board has previously adopted the Master Bond Resolution in 2003, and thereafter adopted Resolution 2007- 05 on April 11, 2007 ( the " 2007 Resolution") regarding the issuance of its 92, 395, 000 Tohopekaliga Water Authority Utility System Variable Rate Revenue Bonds, Series 2007 the " 2007 Bonds") and provided therein for certain Authorized Denominations with respect to the 2007 Bonds in an ARS Mode to be $ 25, 000 and integral multiples thereof.

B. The Board has determined that it will be necessary and desirable and in the best interests of the Authority and its ratepayers and customers to amend the 2007 Resolution as permitted by the Master Bond Resolution to provide for the Authorized Denominations with respect to 2007 Bonds in an ARS Mode to instead be $ 5, 000 and integral multiples thereof.

C. The Board has been advised that such amendment will require the consent of CIFG Assurance North America, Inc., as the Credit Facility Issuer and the Credit Provider of the 2007 Bonds.

SECTION 3. AMENDMENTS TO MASTER BOND RESOLUTION. The definition of the Authorized Denominations" contained in Section 1. 02 of the 2007 Resolution is hereby amended and restated as follows:

Authorized Denominations" shall mean ( a) with respect to 2007 Bonds in a Daily Mode or Weekly Mode, $ 100, 000 and any integral multiple of $ 5,000 in excess thereof, ( b) with respect to 2007 Bonds in a Flexible Mode, $ 100, 000 and any integral multiple of $ 5, 000 in excess thereof, ( c) with respect to 2007 Bonds in a Long -Term Mode, $ 5,000 and any integral multiple thereof, and ( d) with respect to 2007 Bonds in an ARS Mode, $ 5, 000 and integral multiples thereof.

The remaining provisions of the Master Bond Resolution and the 2007 Resolution shall continue in full force and effect.

SECTION 4. EFFECTIVE DATE. This resolution shall take effect upon the consent of the Credit Facility Issuer and the Credit Provider.

SECTION 5 DEFINITIONS. Capitalized terms not expressly defined herein shall have the meanings as ascribed to such terms in the Master Bond Resolution.

DULY PASSED AND ADOPTED this _ 13TH_ day of JUNE 2007 at a regular meeting.

SEAL) TOHOPEKALIGA WATER AUTHORITY ATTEST:

Bruce Van Meter, Chairman

Board of Supervisors

John E. Moody, Secretary Board of Supervisors Category: Report to the Board

REPORT TO THE BOARD OF SUPERVISORS ON THE AUTHORITY' S WATER USE PERMIT TO BE ISSUED BY SOUTH FLORIDA WATER MANAGEMENT DISTRICT.

EXPLANATION: The Toho Water Authority has been pursuing renewal of its Water Use Permit ( WUP) with the South Florida Water Management District ( SFWMD) for the past eight and a half months. In the fall of 2006, South Florida Water Management District, Southwest Florida Water Management District ( SWFWMD), and St. Johns River Water Management

District ( SJRWMD) entered into an agreement that established the Central Florida Coordinating Area ( CFCA) for allocation of water resources and permitting. The CFCA area includes Orange County, Osceola County, Polk County, and South Lake County. Within the CFCA, the three WMDs have agreed that groundwater supply is becoming limited and should not be permitted for new water demand after 2013. As a result of the CFCA agreement, SFWMD decided that all of the pending WUP applications within their district within the CFCA should be considered competing applications, evaluated, and permitted together. At the time, there were five utilities with active WUP applications pending within SFWMD, TWA, the City of St. Cloud, Orange County, Polk County, and Reedy Creek Improvement District ( RCID). In December 2006, the Authority entered into an Interlocal Agreement with the other four utilities to work cooperatively on their WUP applications and to share resources in the process. Through the agreement, the five utilities formed what has become known to the SFWMD as the STOPR Group. During the permitting process the STOPR Group' s proposed water demands through 2013 were evaluated collectively in conjunction with all of the existing demands within the CFCA. SFWMD proposed to issue each entity within STOPR a 20 year WUP for its respective demands through 2013 provided certain conditions were met. The evaluations and negotiations for the Water Use Permit for TWA and the other STOPR utilities has resulted in several conditions and agreements that have budgetary and planning impacts now and for the future. The significant conditions and agreements associated with the WUP are as follows: 1. The TWA water use allocation for groundwater under the permit will be 36. 5 mgd based on the Authority' s projected 2013 demands exclusive of existing reclaimed water use and demand. The permit will provide for this demand for a twenty year period. 2. To receive a twenty year permit, each utility had to commit to the development of an Alternative Water Supply ( AWS) project with a schedule that will produce water by 2013. Additionally, each utility is to commit to a second AWS project that will produce water after the initial project. TWA' s primary AWS project is the Cypress Lake Brackish Groundwater wellfield which is presently being pursued through the construction of an exploratory well and associated monitoring well. The Cypress Lake Brackish Groundwater supply will also be developed to provide supply to the City of St. Cloud and potentially Polk County Utilities. The second AWS project will be the development of the Upper Kissimmee River as a water supply. SFWMD has initiated a feasibility and site study for the Kissimmee River which will be completed by the first quarter of 2008. A Memorandum of Agreement was negotiated as part of the permit process in which SFWMD and the STOPR utilities commit to work together to identify and develop potential water supply reservoir sites for the Kissimmee River. 3. The evaluation of the existing and proposed water demands for the STOPR Group found that there were potentially some existing and future impacts to some wetlands within several areas within southwest Orange County near Disney' s Animal Kingdom, the Lake Wilson area of Osceola County, and the northeastern area of Polk County near Reedy Creek. The total acreage of wetlands experiencing impacts which could be partially attributable to groundwater pumping by the STOPR utilities is approximately 81 acres. The permitting regulations and associated statutes require SFWMD to insure that any impacts associated with existing and future withdrawals are mitigated prior to issuance of permits. The wetlands were categorized into two types according to regulations, past impacts and potential future impacts. Based on evaluations and discussions between SFWMD staff and consultants representing STOPR determined that the proportion of existing or past wetlands impacts attributable to the STOPR demands is 42. 12 acres out of a total of _ 81 acres impacted. The District permitting regulations require that any existing impacts be resolved prior to permitting. To resolve the past impacts the District and STOPR negotiated a Memorandum of Agreement for the Restoration of the Wetlands. This memorandum is discussed in a separate agenda item. TWA will dedicate a 108 acre wetland parcel as conservation easement to SFWMD and provide some associated restoration work for the parcel. This dedication will cover the Authority' s mitigation cost of approximately $ 1, 287, 000. A similar evaluation for future wetland impacts determined that the STOPR withdrawals would potentially impact 56.43 acres out of over 500 acres that are or could be impacted. To issue a WUP the SFWMD requires each utility to mitigate its future impacts. Mitigation for the group was negotiated to involve purchase of mitigation credits for the Allen David Broussard Catfish Creek Preserve State Park or associated state property. The Authority' s portion of the mitigation was established based upon the groundwater modeling associated with the permit and was established at 36. 3% of the total and requires a payment of 1, 710, 148.47 based on the cost per credit of $83,400 per credit. SFWMD has agreed that the payment for the future mitigation may be made over several years with four payments made each December from 2007 through 2010. An exhibit which outlines the payments for each utility is attached. 4. The WUP will require the STOPR group to install an extensive monitoring system to cover areas of concern for potential future impacts. The monitoring system will include over 40 wetland monitoring sites five saltwater intrusion well sites. The implementation of the monitoring system will most likely cost in excess of $ 1 million. With the monitoring system there will be routine periodic measurements and evaluation with annual reports to the District. The monitoring will involve an on- going annual cost. The costs of the monitoring plan and its annual maintenance will be shared by the STOPR members on a pro -rational basis based upon the groundwater modeling results. 5. The permit will also require the Authority to maximize its use of reclaimed water for irrigation to offset potential groundwater use. One permit condition sets a target reclaimed water use based upon the projected water demand. Based on present planning by TWA this condition should be achievable.

IN 1111/• / • Compensating Restoration Payment Schedule - Past

Total FU Offset Past Compensating Compensating Compensating Compensating Total FU Provided Through Total of All Compensating Restoration Restoration Restoration Restoration Through Offsite Compensating Compensating Restoration FU Payment Due Payment Due Payment Due Payment Due Compensating Restoration Restoration STOPR Group Party Requirement Dec. 31, 2007 Dec. 31, 2008 Dec. 31, 2009 Dec. 31, 2010 Restoration ( Note 1) Payment Payments

City of St. Cloud 0. 655 5, 469 21, 877 21, 877 5, 469 0. 000 0. 655 54, 693

Tohopekali a Water Authority 15. 511 23. 500 0

Orange County 4. 468 37, 308 149, 231 149, 231 37, 308 0. 000 4. 468 373, 078

Polk Count 1. 877 15, 673 62, 692 62, 692 15, 673 0. 000E 1. 877 156, 730

Reedy Creek Improvement District 1 19. 8501$ 165, 7481$ 662, 9901$ 662, 9901$ 165, 748 0. 0001 19. 8501$ 1, 657, 475

Total STOPR FU = 42. 361 23. 500 26. 8501$ 2, 241, 976 FU - Functional Units

Notes 1) The costs presented in the above table summarize the restoration payments being contributed by each STOPR Group Party to Wetland Compensating Restoration - Option 1. The Tohopekaliga Water Authority ( TWA) is submitting Wetland Compensating Restoration- Option 2, which does not involve a restoration payment toward Wetland Compensating Restoration - Option 1. As part of Option 2, TWA will grant a conservation easement over 77. 5 acres of wetlands and 30. 7 acres of upland owned by TWA. The conservation easement will meet all applicable statutory and rule requirements. The conservation value of the area to be placed under conservation easements is quanitified in the UMAM evaluation in Exhibit 6.

Exhibit 7 MITIGATION CONTRIBUTION BREAKDOWN - FUTURE

Area l Wetlands Area 2 Wetlands

Future Total Future Percent Mitigation Percent Future Mitigation Mitigation Contribution Required Contribution Required + Required Total Mitigation STOPR Group Party Area 1) Area 1) Area 2) Area 2) Areas 1 & 2) Payment FU FU FU

City of St. Cloud 1. 7% 0. 146 1. 2% 0. 568 0. 714 59, 588

Toho ekali a Water Authority 36. 8% 3. 161 36. 2% 17. 123 20. 284 1, 693, 691

Orange County 10. 7% 0. 919 10. 2% 4. 825 5. 744 479, 601

Polk County 5. 5% 0. 472 2. 0% 0. 946 1. 4181$ 118, 441

Reedy Creek Improvement District 45. 3% 3. 891 50. 4% 23. 839 27. 730 2, 315, 494

STOPR STOPR Subtotals 8. 590 Subtotals 47. 300

Totals by STOPR 55. 890 4, 666, 815

FU - Functional Units Mitigation Payment Schedule - Future

Future Mitigation Mitigation Mitigation Mitigation Total of All Mitigation FU Payment Due Payment Due Payment Due Payment Due Mitigation STOPR Group Party Requirement Dec. 31 2007 Dec. 31, 2008 Deo. 31, 2009 Dec. 31, 20010 Payments

St. Cloud 0. 714 5, 959 23, 835 23, 835 5, 959 59, 588

Toho Water Authority 20. 284 169, 369 677, 476 677, 476 169, 369 1, 693, 691

Orange County 5. 744 47, 960 191, 841 191, 841 47, 960 479, 601

Polk County 1. 418 11, 844 47, 376 47, 376 11, 844 118, 441

RCID 27. 730 231, 549 926, 198 926, 198 231, 549 2, 315, 494

Total by STOPR = 55. 8901 4, 666, 815 IFU - Functional Units COMPENSATING RESTORATION CONTRIBUTION BREAKDOWN - PAST

Area 1 Wetlands Area 2 Wetlands

Total Total FU Offset Compensating Compensating Compensating Total FU Provided through Total Percent Restoration Percent Restoration Restoration Through Offsite Compensating Compensating; Contribution Required ( Area Contribution Required ( Area Required Compensating Restoration Restoration STOPR Group Party Area 1) 1) Area 2) 2) ( Areas 1 & 2) Restoration (Note 1); Payment Payment FU FU FU FU FU

City of St. Cloud 1. 7% 0. 500 1. 2% 0. 155 0. 655 0 0. 655 54, 693

Tohopekali a Water Authority 36. 8% 10. 823 36. 2% 4. 688 15. 511 23. 5 0. 000

Orange County 10. 7% 3. 147 10. 2% 1. 321 4. 468 0 4. 468 373, 078

Polk County 5. 5% 1. 618 2. 0% 0. 259 1. 877 0 1. 877 156, 730

Reedy Creek Improvement District 45. 3% 13. 323 50. 4% 6. 527 19. 850 0 19. 850 1, 657, 475

STOPR

Subtotals 29. 41 12. 95

STOPR Totals 42. 361 23. 500 26. 850 2, 241, 976

FU - Functional Units

Notes 1) The costs presented in the above table summarize the restoration payments being contributed by each STOPR Group Party to Wetland Compensating Restoration - Option 1. The Water Authority ( TWA) is submitting Wetland Compensating Restoration - Option 2, which does not involve a restoration payment toward Wetland Compensating Restoration - Option As part of Option 2, TWA will grant a conservation easement over 77. 5 acres of wetlands and 30. 7 acres of upland owned by TWA. The conservation easement will meet all applicable statutory and rule requirements. The conservation value of the area to be placed under conservation easements is quanitified in the UMAM evaluation in Exl

Exhibit 2 Category: New Business

Attachments: Memorandum of Agreement

APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ST. CLOUD, THE TOHOPEKALIGA WATER AUTHORITY, ORANGE COUNTY, POLK COUNTY, REEDY CREEK IMPROVEMENT DISTRICT, AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT REGARDING WETLAND RESTORATION

Explanation: The Toho Water Authority has been pursuing renewal of its Water Use Permit WUP) with the South Florida Water Management District ( SFWMD) for the past eight and a half months. In the fall of 2006, South Florida Water Management District, Southwest Florida Water Management District ( SWFWMD), and St. Johns River Water Management District SJRWMD) entered into an agreement that established the Central Florida Coordinating Area CFCA) for allocation of water resources and permitting. The CFCA area includes Orange County, Osceola County, Polk County, and South Lake County. Within the CFCA, the three WMDs have agreed that groundwater supply is becoming limited and should not be permitted for new water demand after 2013. As a result of the CFCA agreement, SFWMD decided that all of the pending WUP applications within their district within the CFCA should be considered competing applications, evaluated, and permitted together. At the time, there were five utilities with active WUP applications pending within SFWMD, TWA, the City of St. Cloud, Orange County, Polk County, and Reedy Creek Improvement District ( RCID). In December 2006, the Authority entered into an Interlocal Agreement with the other four utilities to work cooperatively on their WUP applications and to share resources in the process. Through the agreement, the five utilities formed what has become known to the SFWMD as the STOPR Group. During the permitting process the STOPR Group' s proposed water demands through 2013 were evaluated collectively in conjunction with all of the existing demands within the CFCA. SFWMD proposed to issue each entity within STOPR a 20 year WUP for its respective demands through 2013 provided certain conditions were met. The evaluation of the existing and proposed water demands for the STOPR Group found that there were potentially some existing and future impacts to some wetlands within several areas within southwest Orange County, the Lake Wilson area of Osceola County, and the northeastern area of Polk County near Reedy Creek. The permitting regulations and associated statutes require SFWMD to insure that any impacts associated with existing and future withdrawals are mitigated prior to issuance of permits. Based on assessments of the wetlands within the areas of potential impacts the SFWMD established in conjunction with the STOPR Group that there were 42. 12 acres of wetlands impacted by existing withdrawals and that there were 56.43 acres of wetlands impacted by future withdrawals potentially attributable to the STOPR Group. To provide the mitigation of existing and future wetland impacts, SFWMD proposed that the STOPR Group participate in wetland restoration at the Allen David Broussard Catfish State Park and/ or Rolling Meadows site adjacent to the state park. Mitigation credits would be assessed at $ 83, 500 each in accordance with the formulation followed by the FDOT for mitigation. Utilizing a single mitigation project facilitates the mitigation for the group. Each member of the STOPR was assessed their proportional share of the mitigation cost based upon the results of the groundwater modeling and the respective location of each member' s withdrawals. The assessment of the historic impacts in accordance with the model for the STOPR members is:

Mitigation Payment — Past

STOPR Group Party Past Mitigation Total Mitigation Payments Credit Requirement City of St. Cloud 0. 651 54, 382. 72 Toho ekali a Water Authority 15. 422 1, 287, 737. 00 Orange County 4. 442 370, 914. 52 Polk County 1. 863 155, 589. 73 Reedy Creek Improvement District 19. 741 1, 648, 357. 64

Total STOPR Credits = 42. 120 3, 516, 981. 61

TWA' s share of the historic mitigation would be $ 1, 287, 737. The Authority owns property in the vicinity of the Imperial Site purchased as a buffer for future Rapid Infiltration Basins RIBs) which could be utilized to provide mitigation in lieu of payment. The parcel is approximately 110 acres and a significant portion is wetlands with disturbed uplands. Staff engaged an environmental consultant, Lospeitch and Associates, to evaluate the property for dedication to SFWMD as a conservation easement in lieu of payment of the mitigation costs. Based on the evaluation, the parcel would provide sufficient credits to meet the Authority' s obligation for the historic impact mitigation. Dedication of the property will require the Authority to fence the property to restrict access, plant upland vegetation on a small portion of the property that was previously citrus grove, and monitor the property to insure it maintains its conservation status. Staff has estimated the cost of meeting the conservation easement requirements at less than $ 200, 000 compared to the potential payment of $ 1, 287, 737 under the purchase of mitigation credits resulting in a potential savings to the Authority of approximately $ 1, 087, 737. Implementation of the mitigation requires the five STOPR entities to participate cooperatively and collectively at the same time to provide the required mitigation for the issuance of the permits. To provide for the payment of the mitigation payments by the other four members of the STOPR Group and the concurrent dedication of the TWA parcel for a conservation easement requires a Memorandum of Agreement ( MOA) between STOPR and SFWMD. The MOA has been jointly negotiated between the five STOPR parties and the SFWMD and has involved counsel representing each entity. Silvia Alderman of Akerman Senterfit, the Authority's environmental counsel, has represented the Authority in the MOA and permitting negotiations and has provided much leadership in the negotiations. Recommendation: Staff recommends approval of the Memorandum of Agreement regarding wetland restoration.

MOA- Mitigation- WU P- STOPR. 06. 13. 07. blw MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ST. CLOUD, THE TOHOPEKALIGA WATER AUTHORITY, ORANGE COUNTY, POLK COUNTY, REEDY CREEK IMPROVEMENT DISTRICT AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT REGARDING WETLAND RESTORATION

THIS AGREEMENT (" AGREEMENT") is made and entered into by and between the

CITY OF ST. CLOUD, a municipal corporation, whose address is 1300 Ninth Street, St. Cloud,

Florida 34769 (" CITY"), the TOHOPEKALIGA WATER AUTHORITY, an independent

special district created pursuant to Chapter 2003- 368, Laws of Florida, whose address is 101

North Church Street, 2nd Floor, Kissimmee, Florida 34741 (" TWA"), ORANGE COUNTY, a

charter county and political subdivision of the State of Florida, whose address is P.O. Box 1393,

Orlando, Florida 32802- 1393 (" ORANGE COUNTY"), POLK COUNTY, a political subdivision

of the State of Florida, whose address is P. O. Box 9005, Bartow, Florida 33831- 9005 (" POLK

COUNTY"), REEDY CREEK IMPROVEMENT DISTRICT, an independent special district

created pursuant to Chapter 67- 764, Laws of Florida, whose address is P. O. Box 10170, Lake

Buena Vista, Florida 32830 (" RCID"), and SOUTH FLORIDA WATER MANAGEMENT

DISTRICT (" SFWMD), a regional water management district operating under the authority of

Chapter 373, Florida Statutes, whose address is P. O. Box 24680, West Palm Beach, FL 33416-

4680, all collectively referred to herein as: the " PARTIES," when including all entities signing

this AGREEMENT; the " STOPR PARTIES," when including all parties except SFWMD; or,

individually, as " STOPR PARTY," when referring to one of the parties that is not SFWMD.

1IiTA11011L y01an

WHEREAS, CITY is a municipal corporation of the State of Florida that owns and

operates water, wastewater, and reclaimed water systems in portions of Osceola County and

holds a water use permit issued by SFWMD; and WHEREAS, TWA is an independent special district created by special act of the Florida

Legislature that owns and operates water, wastewater, and reclaimed water systems in Osceola

and portions of Polk and Orange counties and holds a water use permit issued by SFWMD; and

WHEREAS, ORANGE COUNTY is a political subdivision of the State of Florida that

owns and operates water, wastewater, and reclaimed water systems within incorporated and unincorporated areas of Orange County and holds a water use permit issued by SFWMD; and

WHEREAS, POLK COUNTY is a political subdivision of the State of Florida that owns

and operates water, wastewater, and reclaimed water systems within incorporated and

unincorporated areas of Polk County and holds a water use permit issued by SFWMD; and

WHEREAS, RCID is an independent special district that owns and operates water,

wastewater, and reclaimed water systems in portions of Orange and Osceola Counties and holds

a water use permit issued by SFWMD; and

WHEREAS, SFWMD is a public corporation of the State of Florida existing by virtue of

Chapter 25270, Laws of Florida, 1949, and operating pursuant to Chapter 373, Florida Statutes,

and Chapter 40E, Florida Administrative Code, as a multipurpose water management district;

and

WHEREAS, the SFWMD has the power and duty to protect Florida' s water resources

and to administer and enforce the provisions of Chapter 373, Florida Statutes, and the rules promulgated thereunder; the District has jurisdiction over the matters addressed in this

AGREEMENT; and

WHEREAS, the SFWMD implements the Part II, Chapter 373, Florida Statutes, water use permitting program within its boundaries and is authorized to issue water use permits which contain conditions necessary to assure that such water use is consistent with the overall

objectives of the district and is not harmful to the water resources of the area; and

WHEREAS, each of the STOPR PARTY water use permits referenced above contains

conditions requiring mitigation for harmful impacts to the water resources in the event

unanticipated harm occurs; and

WHEREAS, each STOPR PARTY filed with SFWMD a water use permit application to meet future water demands and renew previously issued allocations; and

WHEREAS, SFWMD is expected to issue a 20 -year water use permit to each STOPR

PARTY individually; and

WHEREAS, SFWMD, during its review of the STOPR PARTIES' water use permit

applications, conducted a groundwater modeling analysis and performed site inspections of

wetland areas located within the area of influence associated with the STOPR PARTIES'

groundwater withdrawals; and

WHEREAS, SFWMD determined harmful impacts to 575. 6 acres of herbaceous and

forested wetlands in the Central Florida region within the SFWMD have occurred over time as a result of several factors including drainage, land development and historic groundwater

withdrawals, including those of the STOPR PARTIES; and

WHEREAS, Exhibit A identifies the location of the harmed wetlands attributed to

various factors including drainage, land development and historic groundwater withdrawals,

including those of the STOPR PARTIES; and

WHEREAS, compensating restoration to offset any historic impacts to wetlands due to

the STOPR PARTIES' groundwater withdrawals would be necessary pursuant to conditions

contained within the STOPR PARTIES' existing water use permits; and

3 WHEREAS, the STOPR PARTIES do not admit that they are responsible for the harm to

the wetlands but have agreed to provide appropriate compensating restoration as described

below; and

WHEREAS, Exhibit B identifies each member of the STOPR PARTIES' percent

contribution to the historic harmful impacts for which they agree to provide compensating

restoration; and

WHEREAS, the STOPR PARTIES have been working together cooperatively to jointly

develop projects that will satisfy SFWMD requirements; and

WHEREAS, the compensating restoration proposed by the STOPR PARTIES will

completely and effectively offset all harmful effects to these wetlands alleged to be due to historic groundwater withdrawals by the STOPR PARTIES through the date of this

AGREEMENT; and

WHEREAS, the STOPR PARTIES and the SFWMD agree that nothing in this

AGREEMENT shall affect the STOPR PARTIES' rights to provide potable water service within

their individual water service areas, or any right or obligation a pursuant to their enabling laws;

and

NOW THEREFORE, in consideration of the foregoing premises, and the mutual

covenants, terms and conditions contained herein, and for other good and valuable consideration,

the receipt of which is hereby acknowledged, the PARTIES, each intending to be legally bound,

agree to the following: I. RECITALS AND AUTHORITY. The recitals set forth in the WHEREAS

clauses above are incorporated by reference herein. This AGREEMENT is entered into by the

STOPR PARTIES and SFWMD under the following authorities:

A. The CITY enters into this AGREEMENT under the authority of Section 1.66. 021,

Florida Statutes, which, as provided in s. 2( b), Art. VIII of the State Constitution, grants

municipal corporations the governmental, corporate, and proprietary powers necessary to enable

them to conduct municipal government, perform municipal functions, and render municipal

services.

B. TWA enters into this AGREEMENT under the authority of section 10( 1), Chapter

2003- 368, Laws of Florida.

C. ORANGE COUNTY and POLK COUNTY, charter counties, enter into this

AGREEMENT under the authority of their home rule powers, as well as Sections 125. 04 ( 1)( k)1,

1. 25. 01( 1)( p), 125. 01( 3)( a), and 153. 03( 6), Florida Statutes, which authorize counties to enter

into agreements with other public agencies and private corporations to accomplish goals for providing water to their customers.

D. RCID enters into this AGREEMENT under the authority granted to it by Chapter

67- 764, Laws of Florida.

E. SFWMD enters into this AGREEMENT under the authority of Section 373. 083,

Florida Statutes, which authorizes each water management district governing board to enter into

agreements with other public agencies and private corporations to accomplish the directives and

goals of Chapter 373, Florida Statutes.

II. REQUIRED COMPENSATING RESTORATION.

A. Compensating Restoration Requirements:

5 I . The City of St. Cloud, Polk County, Orange County and RCID agree to provide

compensating restoration for any harmful impacts to wetlands alleged to be due to their historic

groundwater withdrawals as of the date of this AGREEMENT in accordance with the payment

amount and schedule reflected in the attached and incorporated Exhibit C by depositing funds in

an interest bearing escrow account which will be used for the purpose of wetland restoration at

the Rolling Meadows parcel owned by SFWMD. This parcel will be restored in accordance with

the Catfish Creek / Rolling Meadows Restoration Plan prepared by SFWMD. Nothing herein

shall be deemed to require that any individual STOPR PARTY be responsible for the

compensating restoration obligations of another STOPR PARTY. These funds will first be used by the SFWMD for Rolling Meadows site restoration. This parcel is currently owned by the

SFWMD and comprises approximately 1, 972 acres, as shown on Exhibit D, that will be restored

to its historic habitat. If any funds remain, the funds will next be used for restoration of the

Catfish Creek parcel, approximately 3, 816 acres, which is currently owned by the Florida

Department of Environmental Protection (" DEP"). The SFWMD currently has a draft restoration plan that is expected to be implemented in the immediate future. The restoration plan

involves such work as removing berms, filling ditches, changing the surface water flow patterns, replanting with native vegetation, etc.

2. TWA agrees to provide compensating restoration for any harmful impacts to

wetlands alleged to have been caused by its historic groundwater withdrawals as of the date of

this AGREEMENT by granting a conservation easement, as provided in Section 4.3. 2. 2 of the

Basis of Review for Environmental Resource Permits, over 77. 5 acres of wetlands and 30. 7 acres

of uplands owned by TWA and located in the area shown on the restoration plan as Exhibit E.

The conservation easement shall meet all applicable statutory and rule requirements. The

no preservation value for the acreage of the area to be placed under conservation easement is set

forth in Exhibit E. The conservation easement will satisfy the requirements of Section 4. 3. 8 of

the Basis of Review for Environmental Resource Permits and shall be substantially the same as

that attached as Exhibit F. The conservation easement shall be recorded within 6 months of the

effective date of the issuance of TWA' s water use permit. In addition, TWA agrees to provide

approximately 9. 23 acres of upland restoration within a citrus grove and field in accordance with

the attached re -vegetation plan in Exhibit E. TWA agrees to meet all the provisions outlined in

Exhibit E until the mitigation success criteria for the upland restoration areas have been met to

the satisfaction of the SFWMD.

B. Impacts Authorized: As a result of the compensating restoration described in

Section II. A above: any harm to wetlands described in Exhibit A alleged to have been caused by

the STOPR PARTIES' groundwater withdrawals through the date of this AGREEMENT are

authorized pursuant to BOR Section 3. 3. 1. 4; any permit requirements of the STOPR PARTIES requiring mitigation for damage to these wetlands will be deemed satisfied upon completion of the

terms of this AGREEMENT; and each STOPR PARTY will be individually deemed to have

satisfied its obligations, for all historic harm for Areas 1 and 2 as shown on Exhibit A. The STOPR

PARTIES shall not be held responsible for groundwater withdrawal activities of any other user who

may have caused harm to wetlands.

III. TERM AND AMENDMENT. The term of this AGREEMENT shall commence upon its complete execution by all PARTIES and shall remain in effect until completion of the required compensating restoration tasks, including all success criteria, stated in section II, above.

h IV. ENTIRE AGREEMENT. This AGREEMENT, including exhibits, constitutes

the entire agreement between the STOPR PARTIES and SFWMD.

V. SEVERABILITY. If any provision of this AGREEMENT is found by a court of

competent jurisdiction to be invalid, it shall be considered deleted herefrom, and shall not

invalidate the remaining provisions.

VI. ASSIGNMENT. No assignment, delegation, transfer or novation of this

AGREEMENT or any part hereof shall be made unless approved in writing by all PARTIES.

is solely for the benefit of the STOPR PARTIES and SFWMD.

VIII. MISCELLANEOUS PROVISIONS.

A. The STOPR PARTIES shall, upon reasonable notice and during regular working hours, grant SFWMD representatives, along with any vehicles and equipment, who present

appropriate credentials, access to the restoration sites for the purpose of sampling, photographing,

videotaping, monitoring and/ or determining compliance with the terms of this AGREEMENT,

Chapter 373, Florida Statutes, and the Rules of the District.

B. Failure to comply with this AGREEMENT shall constitute a violation of Chapter

373, Florida Statutes, and enforcement proceedings may be brought in any appropriate

administrative or judicial forum.

C. If any event occurs which causes delay or reasonable likelihood of delay, in

complying with the requirements or deadlines of this AGREEMENT, the STOPR PARTIES shall,

individually, have the burden of proving that the delay was or will be caused by circumstances beyond the control of that individual STOPR PARTY, nor shall the failure of a contractor,

subcontractor, material man, or other agent ( collectively referred to as contractor) to whom

N. responsibility for performance is delegated to meet contractually imposed deadlines be a cause beyond the contractor' s control. Upon occurrence of an event causing delay, or upon becoming

aware of a potential for delay, the individual STOPR PARTY shall notify the SFWMD Water use

Compliance Supervisor orally within 24 hours or by the next working day and shall, within seven

days of oral notification to the SFWMD, notify the SFWMD in writing of the anticipated length and

cause of the delay, the measures taken or to be taken to prevent or minimize the delay, and the

timetable by which the affected STOPRPARTY intends to implement these measures. If the

STOPR PARTY and SFWMD can agree that the delay or anticipated delay has been or will be

caused by circumstance beyond the reasonable control of the STOPR PARTY, the time for performance hereunder shall be extended for a period equal to the agreed delay resulting from such

circumstances. Such STOPR PARTY shall adopt all reasonable measures necessary to avoid or

minimize delay. Failure of the STOPR PARTY to comply with the notice requirements of this

paragraph in a timely manner shall constitute a waiver of that STOPR PARTY' s right to request an

extension of time for compliance with the requirements or deadlines in this AGREEMENT.

D. In the unlikely event the restoration payment is delinquent for greater than 3 months,

then that STOPR PARTY may be considered in breach of this AGREEMENT and subject to

District enforcement action pursuant to this AGREEMENT and / or Chapter 373, Florida Statutes.

E. Each STOPR PARTY hereby waives the right to request an administrative hearing

on the terms of this AGREEMENT under Sections 120. 569 and 120. 57, Florida Statutes, and its

right to appeal this AGREEMENT pursuant to Section 120. 68, Florida Statutes.

F. Entry of this AGREEMENT does not relieve each STOPR PARTY of the need,

individually, to comply with all applicable federal, state or local laws, regulation or ordinances.

G. Persons who are not parties to this AGREEMENT, but whose substantial interests

I maybe affected by this AGREEMENT, may have a right to petition this AGREEMENT. A notice of rights is attached and incorporated as Exhibit G.

H. This AGREEMENT and the rights and obligations of the STOPR PARTIES and

SFWMD are to be governed by, construed and interpreted in accordance with the laws of the

State of Florida. In the event of any legal proceedings arising from this AGREEMENT, venue for such proceedings, if in state court, shall be in the Ninth Judicial Circuit of Florida, and if in. federal court, shall be in the Middle District of Florida, Orlando Division.

1. In any such legal proceedings the PARTIES hereby consent to trial by the court and waive the right to seek a jury trial as to any issues so triable.

IX. EXECUTION IN COUNTERPARTS AND EFFECTIVE DATE. This

AGREEMENT may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute the same instrument. This AGREEMENT is a final order from the District, pursuant to Section 120. 52( 7), Florida Statutes, and is final and effective on the date filed with the Clerk of the District unless a petition for administrative hearing is filed in accordance with Chapter 120, Florida Statutes, or any other applicable state law. Upon the timely filing of a petition, the AGREEMENT will not be effective until further order from the District.

X. FILING. This AGREEMENT shall be filed pursuant to section 163. 01 ( H),

Florida Statutes ( 2006).

IN WITNESS WHEREOF, the following authorized representative of the PARTIES have executed this AGREEMENT on the date signed by each.

a CITY OF ST. CLOUD

i A-

Attest:

Date:

Approved by: City Attorney

11 I to) ME •' a SMAI 0

i A-

Attest:

Date:

Approved by: Attorney

12 ORANGE COUNTY

By:

Attest:

Date:

Approved by: County Attorney

13 POLK COUNTY

By:

Attest:

Date:

Approved by: County Attorney

14 Attest:

Date:

15 SOUTH FLORIDA WATER MANAGEMENT DISTRICT

Attest:

Date:

Approved by:

16 Exhibit A

Wetland Location Map

Exhibit B

Contribution Summary

IN COMPENSATING RESTORATION CONTRIBUTION BREAKDOWN - PAST

Area 1 Wetlands Area 2 Wetlands

Total Total FU Offset Compensating Compensating Compensating Total FU Provided through Total Percent Restoration Percent Restoration Restoration Through Offsite Compensating Compensating; Contribution Required ( Area Contribution Required ( Area Required Compensating Restoration Restoration STOPR Group Party Area 1) 1) Area 2) 2} ( Areas 1 & 2) Restoration (Note 1); Payment Payment FU FU FU FU FU

City of St. Cloud 1. 7% 0. 500 1. 2% 0. 155 0. 655 0 0. 655 54, 693

Tohopekali a Water Authority 36. 8% 10. 823 36. 2% 4. 688 15. 511 23. 5 0. 000

Orange County 10. 7% 3. 147 10. 2% 1. 321 4. 468 0 4. 468 373, 078

Polk County 5. 5% 1. 618 2. 0% 0. 259 1. 877 0 1. 877 156, 730

Reedy Creek Improvement District 45. 3% 13. 323 50. 4% 6. 527 19. 850 0 19. 850 1, 657, 475

STOPR

Subtotals 29. 41 12. 95

STOPR Totals 42. 361 23. 500 26. 850 2, 241, 976

FU - Functional Units

Notes 1) The costs presented in the above table summarize the mitigation payments being contributed by each STOPR Group Party for the purpose of wetland restoration at the Allen David Broussard Catfish Creek State Park and / or Rolling Meadows ( Catfish Creek / Rolling Meadows) site. The Tohopekaliga Water Authority ( TWA) is submitting an offsite mitigation project, which involves granting a conservation easement over 77. 5 acres of wetlands and 30. 7 acres of upland owned by TWA. The conservation easement will meet all applicable statutory and rule requirements. The conservation value of the area to be placed under conservation easements is quanitified in the UI evaluation in Exhibit E.

Exhibit B Exhibit C

Payment Schedule

19 Compensating Restoration Payment Schedule - Past

City of St. Cloud 0. 655 5, 469 21, 877 21, 877 5, 469 0. 000 0. 655 54, 693

Tohopekali a Water Authority 15. 511 23. 500 0

Orange County 4. 468 37, 308 149, 231 149, 231 37, 308 0. 000 4. 468 373, 078

Polk Count 1. 877 15, 673 62, 692 62, 692 15, 673 0. 000E 1. 877 156, 730

Reedy Creek Improvement District 1 19. 8501$ 165, 7481$ 662, 9901$ 662, 9901$ 165, 748 0. 0001 19. 8501$ 1, 657, 475

Total STOPR FU = 42. 361 23. 500 26. 8501$ 2, 241, 976 FU - Functional Units

Map of Allen David Broussard Catfish Creek State

Park and / or Rolling Meadows ( Catfish Creek /

Rolling Meadows) Site

c Exhibit D — Propose d- Restoration Area Map Exhibit E

w Conservation Area Management Plan

for

Toho Water Authority Davenport Swamp Mitigation Area

108. 21V acres in Section 19, Township 25 South, Range 27 East Osceola County, Florida

Prepared for:

Toho Water Authority 101 N. Church St., 2nd Floor Kissimmee, FL 34741

7 June 2007 L& A File No. 2007- 056. 41 DOC: 07056 - CAMP - 7F07 TABLE OF CONTENTS Page

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INTRODUCTION...... 1

OVERVIEW OF CONSERVATION AREA...... 1. Wetland Preservation Area...... 1 UplandPreservation Area...... 1

CONSERVATION AREA MANAGEMENT...... 2 Protection of Conservation Area...... 2 Control of Exotic Plant Species...... 3 Planting...... 4

MONITORING AND REPORTING...... 5 MonitoringReports...... 6 Maintenance...... 7 SuccessCriteria...... 7 Frequency and Report Submittal...... 8

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Conservation Area Management Plan for Davenport Swamp Mitigation Area 108. 21/ acres in Section 19, Township 25 South, Range 27 East Osceola County, Florida

11011I Ntill 11MOLK I

The Davenport Swamp Mitigation Area project site is a 1. 08.214 acre parcel located in the western edge of the Davenport Creek Swamp in Osceola County, Florida ( Figure 1). Preservation of this area containing both wetland and upland habitats has been proposed as a part of the permitting process for a Consumptive Use Permit ( CUP No. 49- 00103- W and CUP Applications No. 050906- 8 and 050208- 9). This Conservation Area Management Plan ( CAMP) has been developed to address several issues key to the success of this conservation project: 1) specify measures to be taken to restrict the site from unauthorized uses which may harm the integrity of the habitat; 2) prescribe efforts required to eliminate the threat of invasive exotic species from the conservation area; 3) specify planting efforts required to restore native upland habitats in previously disturbed parts of the site; 4) develop a management plan to effectively enhance the intact upland habitats on site; and 5) develop a monitoring protocol for the conservation area and a schedule for submitting reports to document compliance with all appropriate authorizing permits.

OVERVIEW OF CONSERVATION AREA

The proposed Davenport Swamp Mitigation Area encompasses 108. 2 acres in a depressional area in the western edge of the Davenport Creek Swamp. The parcel includes a total of 30. 7 acres of uplands and 77. 5 acres of wetlands. The wetlands are predominantly herbaceous marsh subject to seasonal flooding. Significant areas of wet flatwoods and a small area of bay swamp line the shore of this large marsh. The wetland habitats are natural in origin, ecologically viable and require little active management to ensure their long- term viability. Most uplands remain covered by native vegetation, however three areas in the southern part of the site have been denuded of their native vegetation and converted to either pasture or active citrus grove. Each habitat type present within the proposed Conservation Area is described in the following section. Wetland Preservation Area

Freshwater Marsh ( FLUCFCS 641) 63. 5 ac. - Freshwater marsh comprises the majority of the proposed Conservation Area. These marshes consist largely of blue maidencane ( Amphicarpum muhlenbergianum), bushy bluestem ( Andropogon glomeratus), pickerelweed ( Pontederia cordata), lance -leaved arrowhead ( Sagittaria laneifolia), maidencane ( Panicum hemitomon), grassy arrowhead Sagittaria graminea), lance -leaved arrowhead ( S. lancifolia), hat pins ( erioeaulon sp.) Yelloweyed grass ( Xyris sp.), sand cordgrass ( Spartina bakeri), pink sundew ( Drosera capillaris), and soft rush Juncus effusus). Fragrant water lily (Nymphaea odorata) grows in the lower, frequently inundated parts of these wetlands. Numerous dead pine snags stand in the higher elevations of this marsh.

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Hydric Pine Flatwoods ( FLUCFCS 625) 12. 4 ac. - The higher elevations along the edges of the marsh and on several tree islands throught the marsh support a hydric pine flatwoods community. The canopy of these areas is similar to upland pine flatwood and is composed mostly of slash pine Pinus elliottii) with pond pine ( P. Serotina) in some places. The shrub and ground cover layers, however, are dominated by plants more tollerent of hydric conditions. Swamp doghobble ( Leucothoe racimosa) and galberry ( Ilex glabra) dominate the understory of much of this area. In some areas cinnamon fern ( Osmunda cinnamomea) and Virginia chain fern ( Woodwardia virginica) occur under the cover of the shrubs. Dahoon holly ( I. cassine) and swamp bay ( Persea palustris) are minor constituents of the canopy.

Bay Swamp ( FLUCFCS 611) 0. 9 ac. - A small area of forested wetland dominated by sweet bay Magnolia virginiana) occurs along the edge of the marsh in the northeastern corner. Virginia chain fern dominates the sparce understory of this area.

Cypress FLUCFCS 621) 0. 4 ac. - A number of young bald cypress trees ( Taxodium disthchum) of a fairly even age dominate a small area in the southern part of the marsh. The understory of this area is much like the rest of the marsh in vegetative composition.

Upland Preservation Area

Pine Flatwoods ( FLUCFCS 411) 12. 8 ac. - Upland pine flatwoods occupy the slope just landward of the hydric pine flatwoods wetlands. Like those areas, the upland pine flatwoods are dominated by slash pine, but the understory is predominantly upland species including saw palmetto ( Serenoa repens) and Darrow' s blueberry ( Vaccinum darrowii). Hydrophitic shrubs such as fetterbush Lyonia lucida) and swamp doghobble are also present, but are not predominant in these areas. Wiregrass ( Aristida stricta var. beyrichiana), deermoss ( Cladina sp.), and prickly pear cactus Opuntia humifosa) are also present.

Xeric Oak Hammock ( FLUCFCS 421) 8. 7 ac. - Uplands of higher elevations support area of xeric live oak hammock. These areas are densly forested with a nearly closed canopy of sand live oak Quercus geminata). Other species present include myrtle oak ( Q. myrtifolia), and turkey oak ( Q. laevis). Saw palmetto occasionally occurs in the sparse groundcover.

Pasture FLUCFCS 211) 5. 8 ac. - These areas of dry sandy soil have been cleared of their native vegetation and have since regenerated in a variety of herbaceous vegetation including bear grass Yucca filamentosa), pawpaw ( Asimina parvii lora), peppergrass ( Lepidium virginicum), prickly pear cactus ( Opuntia humifosa), and sky-blue lupine (Lupinus diffusus). These areas were likely covered by citrus groves in the past and do not appear to have been recently used for livestock pasturage, but fit most closely in the category of pasture. These areas are to be restored to native upland habitat as described later in this management plan.

Citrus Grove ( FLUCFCS 221) 3. 4 ac. - These areas are actively cultivated citrus grove. These areas

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il Conservation Area Management Plan Davenport Swamp Mitigation Area L& A No. 2007- 056. 41 Doc: 07056- CAMP- 7F07. wpd 7 June 2007 Page 5

are to be restored to native upland habitat as described later in this management plan.

The following sections provide an overview of the management principles to be employed within and adjacent to the on- site preservation area in order that the goals of the CAMP can be attained and maintained.

Protection of Conservation Area

The proposed Conservation Area has been extensively used by off-road recreational veheicles, and the habitats have suffered from this use. An important element of this management plan is the elimination of recreational use of the parcel. To achieve this end, the following measures will be taken: b. Easement - A Conservation Easement for this mitigation area will be recorded in favor of the SFWMD. A draft copy of this easement has been submitted under separate cover. C. Fence - The perimeter of the property will be fenced. Fencing will be a minimum of 4 foot high and made of welded steel rectangular mesh, commonly called " hog wire". The fence will be supported by standard chemically -treated wood fence posts. Across the wetland portion of the property boundary, a gap of approximately one foot will be left between the top of the ground and the bottom of the " hog wire" to allow the safe passage of wildlife. Gates may be installed to allow continued vehicular access to the site for maintenance and monitoring. Gates will be equipped with a robust locking mechanism and have tamper- resistant hinges. Across unpaved roads currently used for site access and within 50 feet on both sides of these points, the fence installed will be especially robust to discourage vandalism or any attempt to gain unauthorized access to the site. Measures to increase the strength of the fence in these locations may include horizontal reinforcement of either steel or chemically - treated wooden posts, and larger diameter vertical fence posts. d. Posting - Signs will be installed and maintained along the entire length of the perimeter fence. Signs will be installed at property corners, at gates, at at points where tracks presently enter the property, and at a maximum spacing of 100 feet between these points. Signs will be made of durable heavy guage steel, and will state the following: e. Conservation Area No Trespassing For more information contact Toho Water Authority f.. Inspection and Repair - The perimeter fence and gates will be inspected at least once a month during the first year, quarterly the second year, and during each biannual monitoring event thereafter. Any damage to the fence will be repaired within a month of the inspection when the damage was first observed.

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Control of Exotic Plant Species

Although the on- site wetlands are largely free of nuisance exotic species, the applicant recognizes the need to guard against future infestations of such species to maintain viable wildlife habitats. Accordingly, this CAMP provides for a comprehensive exotic plant management plan. Invasive exotic species will include those referenced in the 2005 Florida Exotic Pest Plant Council list of Invasive Exotic Species ( Appendix 1). As far as is practicable, any removal of invasive exotic plants will be done manually or mechanically, with herbicide treatment used only in areas of exotic monoculture and/ or where desirable native species will not be damaged by over -spray. At no time will invasive, exotic, or non- native nuisance species be allowed to exceed 5% areal coverage within each stratum within the wetland preservation areas.

Biomass Reduction and Wildfire Fire Protection

Control burning is the preferred method of biomass reduction in many Florida ecosystems, and by removing excess leaf fuels, helps to prevent catastrophic wild fires. Controlled burning will be used in the wetland and upland pine flatwoods areas of the project site. Key elements to safe and successful fire management on this site include the following elements: a. Controlled burns will be conducted by trained experienced professional prescribed burn managers from either the Florida Division of Forestry or a private contractor. b. " Hard" firebreaks will be constructed where upland and wetland pine flatwoods communities abut the parcel boundary. Such " hard" fire breaks consist of a band from ten ( 10) to twelve 12) feet wide cleared of vegetation down to the mineral soil. These cleared fire breaks will also serve as access in installing the fence. C. " Soft" fire breaks, consisting of bands six ( 6) to ten ( 10) feet in width within which fuel and flammable vegetation is mowed, flattened, or sprayed with water will be employed in the marsh and in the sand live oak hammocks. d. Control burns will be conducted at times and in weather conditions in which the flames and

smoke will not adversely affect nearby schools and residences. e. Residences, schools, and businesses within a % mile radius will be informed of impending controled burns and of the ecological and safety benefits of controlled burns. f. Where possible, agreements will be reached with adjacent property owners to the west and south to allow the use of their lands and roads to access and stage controlled burns.

In preparation for an initial controlled burn, or in the event that controlled burning is infeasible in the future, roller chopping may be used to reduce the biomass within the pine flatwoods.

Planting

The project site includes three disturbed upland areas that total acres 8. 42 acres that will be placed under conservation easement as a part of the required mitigation for impacts associated with this permit. The southwest and southeast corners ( 3. 42 acres) of the site are citrus grove; the remaining upland is improved pasture that is dominated by bahia grass ( Paspalism notatum). The purpose of this planting, management and monitoring plan is to address the restoration of the natural communities within these. This plan includes site preparation and replanting details, monitoring for a period of five years, and maintenance that is necessary to ensure a minimum vegetative cover of 80% desirable native tree, sub -canopy or shrub, and herbaceous species, with invasive exotic species not

2711 West Fairbanks Avenue, Winter Park, Florida 327` 19- 3314 ( 407) 740- 34132 FAX ( 407) 645- 1305 www. lotspei Mhandassociates. com to exceed 10%.

The target vegetative community for upland enhancement/ restoration is oak scrub ( Xeric oak, FLUCFCS 421) that will be dominated by sand live oak ( Quercus geminata). Within the site, the oak scrub typically includes occasional bluejaek oak ( Q. incana), few turkey oak ( Q. laevis), and could include occasional myrtle or Chapman' s oaks ( Q. myrtifolia and Q. chapmanii). Shrubs in this association are coastal plain staggerbush ( Lyonia fruticosa) and Darrow' s blueberry ( Vaccinium darrowi), with sparse ground cover that includes wiregrass ( Aristides stricter var. beyrichiana), Virginia bluestem ( Andropogon virginicus), and prickly pear cactus ( Opuntia humifusa). This community type occurs in patches adjacent to the restoration areas and was selected for the restoration goal due to the generally slow growth of the canopy species and the comparatively infrequent requirement for fire. In general, the reestablishment of the canopy and sub -canopy vegetation will result from the planting of one and three gallon container grown plants. No supplemental irrigation is planned following watering in during planting; therefore smaller, more densely planted material will be installed as it is expected to have a greater potential for successful establishment. The reestablishment of native ground cover will accomplished through one of two methods. Either the species reintroduction will involve the dense planting of liner sized, 4 inch ( 1 quart) or I gallon sized container grown plants ( 1 foot to 2.0 feet on center, depending on the species) or, and preferably, the reintroduction of native species by direct seeding into the site of a mixture of seeds harvested from native xeric upland donor site( s). The site preparation and exotic species removal and maintenance plans will differ based on whether or not the direct seeding is ultimately determined to be practicable for this site.

Site Preparation and Planting

General Site Preparation

Immediately upon approval of the enhancement/ restoration plan, a process to eliminate invasive exotic species including cogon grass ( Imperata cylindrica), Scirpus cubansis and other FLEPPC Class I or II invasive exotic species from the restoration areas prior to replanted. Once these species have been eliminated or reduced to manageable levels, the regular site maintenance will include checking for and treating any recurrences.

The 3. 42 acres that are currently supporting citrus trees will be cleared of citrus by pulling out the trees and either piling and burning them on- site or removing them off-site for disposal. The further preparation of these areas for restoration of native plant community, will be accomplished as described in the following paragraphs.

Site Preparation and Planting With Direct Seeding

The 9. 23 acres that are to be restored ( including the citrus areas, once those trees have been removed) will be prepared for direct seeding in conjunction with the invasive exotic species eradication plan. The areas that will be seeded will be alternately treated with herbicide and disced for a period of approximately one year in order to ensure that the planting substrate is free of invasive exotic species such as cogon grass and substantially free of nuisance species including bahia, Bermuda ( Cynodon dactylon) and natal (Melinis repens) grasses, that would adversely effect the successful germination and growth of the seeded species. The species to be included in the direct seeding mix will be

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Direct seeding of herbaceous and shrub species is expected to occur during the first winter approximately November - January) following a determination by the seeding contractor that the site has been successfully prepared, invasive exotic species, particularly cogon grass, have been eliminated and nuisance species such as Bermuda and bahia grasses have been reduced to levels that will not likely adversely impact the establishment of desirable herbaceous cover. The species to be seeded are expected to include some or all of those species are listed in Table 1.

Maintenance following the direct seeding operation, will include only hand removal or limited herbicide application, on foot, with a back -pack style sprayer. No motorized vehicles will be used within the seeded portions of the restoration areas.

Trees, shrubs, and, if necessary, selected herbaceous species will be installed during the next rainy season following the direct seeding - generally beginning during August or September, once daily or frequent rains have begun. No irrigation other than rainfall is proposed; therefore, one and three gallon plants will be installed in numbers that are high enough to allow for mortality and ensure adequate long term coverage. Plant quantities will be based on the desired density of tree and shrub species, with additional plants to allow for possible high mortality due to drought. The suite of species to be installed will be refined based on developing site conditions and plant availability. Target species for this Xeric Oak community restoration and others commercially available species that would be suitable for this community type include those species, sizes and densities listed in Table 2.

Site Preparation and Planting Without Direct Seeding

The 9. 23 acres that are to be restored ( including the citrus areas, once those trees have been removed) will be prepared for planting in conjunction with the invasive exotic species eradication plan. The areas that will be planted will be treated with herbicide on intervals of two to four weeks in order to ensure that the planting substrate is free of invasive exotics and substantially free of nuisance species such as tropical soda apple ( Solanum viarum), Bermuda ( Cynodon dactylon) and natal ( Melinis repens) grasses. The bahia grass will be largely retained in order to act as mulch for the installed trees and shrubs.

Trees, shrubs, and herbaceous species will be installed during the next rainy season following the site preparation - generally beginning during August or September, once daily or frequent rains have begun. No irrigation other than rainfall is proposed; therefore, one and three gallon trees will be installed in numbers that are high enough to allow for mortality and ensure adequate long term coverage. Herbaceous species will be planted in a variety of sizes as are commercially available, generally liner, 4" pot and 1 gallon sizes. Plant quantities will be based on the desired density of species within each strata, with additional plants to allow for possible high mortality due to drought. The suite of species to be installed will be refined based on site conditions prior to plant installation and on plant availability, but shall include at least five of the shrubs species and five of the tree species listed in Table 3. To ensure diversity, no single species will constitute more than 50% of the

2711 Wesi Fairbanks Avenue, Winter Park, Florida 32789- 3314 ( 407) 740- 3432 FAX ( 407) 645. 1305 Conservation Area Management Plan Davenport Swamp Mitigation Area L& A No. 2007- 056. 41 Doc: 07056- CAMP- 7F07. wpd 7 June 2007 Page 9 plants installed in its strata. Sand live oak will constitute no less than 40% of the canopy species planted. Contract growing will be the prefered procurement method to ensure availability of the target species. Species for this Xeric Oak community restoration, and others commercially available species that would be suitable for this community type include those species, sizes and quantities listed in Table 2.

Regular maintenance inspections with treatments as necessary will be conducted monthly during the growing season ( generally, March through October) for the first year following completion of planting. Through the remainder of the five year monitoring period, maintenance inspections with treatment as necessary will be conducted quarterly

Figure M1 presents the general planting layout.

Table 1 Typical list of species established by Direct Seeding from Xeric Upland Habitats Scientific Name Common Name Herbaceous

ndro 0 on glomeratus bushy bluestem ndro 0 on ternarius s litbeard bluestem ndro oson vir inieus broomsed e bluestem

ristida stricta be richiana wire grass

simina reticulata pawpaw

aldwina an ustifolia honeycomb head Carex lon ii Long's sedge Car he horus corymbosus Florida paintbrush Con sa canadensis Canadian horseweed Cypreus retrorsus pinebarren flatsed e

ichanthelium spp. witchgrass Di itaria spp. crabgrass Ele hanto us elatus elephant' s foot

ra rostis elliottii Elliott' s lovegrass

ra rostis s ectabilis purple lovegrass

u atorium rotundi olium false horehound Euthamia caroliniana flattop goldenrod Galactia spp. milk ea iatris s2. blazingstar Licania michauxii gopher apple

udwi is maritima seaside primrose willow

Myrica ceri era wax myrtle

rica usila dwarf wax myrtle

Oldenlandia uni ora clustered mille grains Panicum ance s beaked panicum

as alum setaceum thin paspalum

PityoEsis KraminiLolia silkgrass Polygonella polygama October flower

2711 West Fairbanks Avenue, Winter Park, Florida 32739- 3314 ( 407) 740- 3431 FAX 407) 645- 1305 www. lotspeichandassociates. com Conservation Area Management Plan Davenport Swamp Mitigation Area L& A No. 2007- 056. 41 Doc: 07056- CAMP- 7F07. wpd 7 June 2007 Page 10

ubus cunei olius sand blackberry Schizachrium sco arium little bluestem Sco aria dulcus sweet broom Solida o odora var. cha manii Cha man' s goldenrod

Solida o stricta wand goldenrod Sor hastrum secundum lopsided Indian grass Stillin is s lvaticaqueen's delight S m hiotrichum dumosum rice buttom aster Yucca filamentosa Adam' s needle Shrub Hypericum reductum scrub St. Johns wort

Serenoa re ens Isaw palmetto Tree Pinus palustris Ilongleaf pine Species encountered during annual monitoring within the Direct Seedings upland restoration areas of the Reedy Creek Mitigation Bank, Phase Il, Upland Restoration Site ( Scrud/ Scrubby Flatwoods), Nancy J. Bissett, et. al, December 2002.

Table 2 Herbaceous Snecies to be blanted if Direct Seeding is not a viable option SCIENTIFIC NAME OMMON NAME SIZE DENSITY

ndro 0 on brach stack us shortspike bluestem liner or tublingT o. e. ndropogon virginicus var. glaucus halky bluestem liner or tubling T o. c. ndropogon virginicus var. virginicus Iroomsedge liner or tubling T o. c. ristida stricta var. beyrichiana wiregrass liner or tubling TT o.o. c.c.

alduina angustifolia yellow buttons 1 qt T o. c.

erlandiera subacaulis greeneyes greeneyes 1 gal T o. c.

Carphephorus corymbosus Florida paintbrush 1 qt T o. c.

Carphephorus odoratissimus pineland purple 1 qt T o. c.

Chamaecrista fasciculate partridge pea liner or tubling T o. c.

yschoriste oblongifolia twinflower 1 gal T o. c.

lephantopus elatus tall elephant' s foot 1 qt T o. c.

ragrostis elliottii Elliot's lovegrass liner or tubling T o. c. ragrostis spectabilis purple lovegrass liner or tubling T o. c. iatris spp. blazing star/ gayfeather 1 qt T o. c. Opuntia hum fuse prickly pear cactus 1 gal T o. c. iloblephis rigida Florida pennyroyal 1 qt T o. c.

ityopsis graminifolia golden aster, silkgrass 1 qt T o. c.

udbeckia hirta Black- eyed Susan 1 qt T o. c.

Scutellaria spp. skullcaps 1 qt T o. c. Yucca fzlamentosa Adam' s needle 1 gal T o. c.

2711 West Fairb araks Averiue, Winter mark, Florida 32789- 3314 ( 407) 7401- 8482 FAX ( 407) 64:5- 130 v rfw. lotspeichcand associates. cram Table 3 Shrub and Tree Species to be planted SCIENTIFIC NAME ICOMMON NAME SIZE DENSITY

Shrubs

ejaria racemose tarflower 1 gal 5' o. c. Callicarpa americana beautyberry 1 gal 5' o. c. Crataegus flava summer haw 1 gal 5' o. c.

ypericum reductum St. Johns wort/ scrub wort 1 gal 5' o. c.

icania michauxii gopher apple 1 gal 5' o. c.

yonia fruticosa staggerbush 1 gal 5' o. c.

Monarda punctata dotted horsemint, spotted beebalm 1 gal 5' o. c. Myrica cerifera Wax myrtle/ southern bayberry 1 gal 5' o. c.

olygonella polygama October flower 1 qt 5' o. c.

Rhus copallinum winged sumac 1 gal 5' o. c.

erenoa repens saw palmetto 1 gal 5' o. c. Vaccinium corymbosum highbush blueberry I gal 5' o. c. Vaccinium darrowii Darrow' s blueberry 1 gal 5' o. c. Trees

Diospyros virginiana common persimmon 1 gal 10' o. c.

Quercus chapmanii Chapman oak I gal 1. 0' o. c.

Quercus geminata sand live oak 1 gal 10' o. c.

Quercus incana bluejack oak 1 gal 1. 0' o. c.

Quercus laevis turkey oak 1 gal 10' O. C.

Quercus myrtifolia myrtle oak I gal 1. 0' o. c.

anthoxylum clava- herculis Hercules' club 1 gal 10' O. C.

The percent coverage of herbaceous and survival of shrubs and trees will be monitoried for a period of five years following instalation of the trees. Percent coverage of herbaceous species will be estimated based on sampling of quadrats along permanently monumented transects.

Semi- annual Monitoring

The Conservation Area will be monitored twice a year. Dry season monitoring will include a qualitative assessment of the site and a series of panoramic photographs taken from permanently monumented locations ( see Figure M2). Rainy season monitoring will include the following:

a. A quantitative assessment of ground cover percent coverage and survival of shrubs and trees. Ground cover will be recorded in 1 square meter quadrats spaced at 2 meter intervals along

2711 West Fairbanks Avenue, Winter Park, Florida 32789- 3314 ( 407) 7417- 8482 FAX ( 407) 645- 1305 www. lotspeichandassociates. com each of five (5) permanently monumented transects 48 feet long (25 quads per transect) within the upland restoration areas ( see Figure M2). b. An assessment of survival of all trees within five ( 5) feet on either side of the centerline of the transects. Trees will be permanently tagged. C. Panoramic monitoring photos taken from the ends of each transect looking toward the opposite end ( 10 panoramic photo sets) as well as at permanently monumented locations within the preserved wetlands and uplands. d. An assessment of invasive exotic species within the Conservation Area.

Monitoring Reports

Monitoring reports tabulating all data collected will be submitted to the SFWMD in May and October following each monitoring event.

Maintenance

Erradication of invasive exotic vegetation will be performed as necessary during the growing season generally, March through October) for the first year following completion of planting. Through the remainder of the five year monitoring period, maintenance inspections with treatment as necessary will be conducted quarterly. The need for invasive exotic erradication will be determined during the spring and autumn monitoring events and during a summer inspection of the site.

Supplemental herbaceous, shrub, and tree plantings will be performed following the rainy season monitoring events as required.

Success Criteria

A comparison will be made between baseline data and collected data from the various mitigation areas. The mitigation will be deemed successful when the following criteria are met:

a. Undesirable plant species cover 5% or less of wetlands within the Conservation Area, b. Desirable plant species comprise no less than 80% of the plants in the upland restoration

area,

C. Ecological functions of the mitigation areas are normal for their targeted habitat types. d. Use of the site by recreational vehicles has been eliminated.

2711 West Fairbanks Avenje, Winter Pare, Florida 32789- 3314 ( 4017) 7401- 8482 FAX ( 407) 645- 1305 vo,vw. lotspeichar dassocia I es. c: om Exhibit F

EASEMENT

ON Return recorded document to:

South Florida Water Management District

3301 Gun Club Road, MSC 421. 0

West Palm Beach, FL 33406

THIS DEED OF CONSERVATION EASEMENT is given this day of, 2007, by

Tohopekaliga Water Authority (" Grantor") whose mailing address is 101 North Church Street,

2nd Floor, Kissimmee, Florida 34741, to the South. Florida Water Management District

Grantee"). As used herein, the term " Grantor" shall include any and all heirs, successors or

assigns of the Grantor, and all subsequent owners of the " Property" ( as hereinafter defined) and

the term " Grantee" shall include any successor or assignee of Grantee.

WITNESSETH

WHEREAS, the Grantor is the owner of certain lands situated in Osceola County,

Florida, and more specifically described in Exhibit " A" attached hereto and incorporated herein

Property"); and

WHEREAS, the Grantor desires to grant a Conservation Easement to South Florida

Water Management District (" District") in connection with a memorandum of agreement

between SFWMD, Grantor and others dated ; and

WHEREAS, the Grantor, is agreeable to granting and securing to the Grantee the perpetual Conservation Easement as defined in Section 704. 06, Florida Statutes, over the area

described on Exhibit " A" (" Conservation Easement").

NOW, THEREFORE, in consideration of the entry of the above- mentioned memorandum

of agreement together with other good and valuable consideration, the adequacy and receipt of

0 which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual

Conservation Easement for and in favor of the Grantee upon the property described on Exhibit

A" which shall run with the land and be binding upon the Grantor, and shall remain in full force

and effect forever.

The scope, nature, and character of this Conservation Easement shall be as follows:

1. Recitals. The recitals hereinabove set forth are true and correct and are hereby

incorporated into and made a part of this Conservation Easement.

2. Purpose. It is the purpose of this Conservation. Easement to retain land or water

areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and

to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/ or upland

areas included in this Conservation Easement which are to be enhanced or created pursuant to

the Permit shall be retained and maintained in the enhanced or created conditions required by the

Permit. To carry out this purpose, the following rights are conveyed to Grantee by this

easement:

a. To enter upon the Property at reasonable times with any necessary

equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably

interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry;

and

b. To enjoin any activity on or use of the Property that is inconsistent with

this Conservation Easement and to enforce the restoration of such areas or features of the

Conservation Easement that may be damaged by any inconsistent activity or use.

VJJ 3. Prohibited Uses. Except for restoration, preservation enhancement, maintenance,

and monitoring activities, or surface water improvements, or other activities described herein, the

following activities are prohibited in or on the Conservation Easement:

a. Construction or placing of buildings, roads, signs, billboards or other

advertising, utilities, or other structures on or above the ground;

b. Dumping or placing of soil or other substance or material as landfill, or

dumping or placing of trash, waste, or unsightly or offensive materials;

C. Removal or destruction of trees, shrubs, or other vegetation, except for the

removal of exotic or nuisance vegetation in accordance with a District approved maintenance

plan;

d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other

material substance in such manner as to affect the surface;

C. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition;

f. Activities detrimental to drainage, flood control, water conservation,

erosion control, soil conservation, or fish and wildlife habitat preservation including, but not

limited to, ditching, diking and fencing;

g. Acts or uses detrimental to such aforementioned retention of land or water

areas;

h. Acts or uses which are detrimental to the preservation of the structural

integrity or physical appearance of sites or properties having historical, archaeological, or

cultural significance.

W 4. Grantor' s Reserved Rim Grantor reserves all rights as owner of the Property,

including the right to engage in uses of the Property that are not prohibited herein and which are

not inconsistent with any District rule, criteria, permit and the intent and purposes of this

Conservation Easement.

5. No Dedication. No right of access by the general public to any portion of the

Property is conveyed by this Conservation Easement.

6. Grantee' s Liability. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property.

7. Property Taxes. Grantor shall keep the payment of taxes and assessments on the

Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this

Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in.

addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien

on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the

Grantee, together with Grantee' s reasonable attorney' s fees and costs, with interest at the

maximum rate allowed by law, no later than thirty days after such payment. In the event the

Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien

against the Easement Parcel which shall automatically relate back to the recording date of this

Easement. Grantee may foreclose this lien on the Easement Parcel in the manner provided for

mortgages on real property.

8. Enforcement. Enforcement of the terms, provisions and restrictions of this

Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor,

shall not be deemed or construed to be a waiver of Grantee' s rights hereunder.

we 9. Assignment. Grantee will hold this Conservation Easement exclusively for

conservation purposes. Grantee will not assign its rights and obligations under this Conservation

Easement except to another organization or entity qualified to hold such interests under the

applicable state laws.

1. 0. Severability. If any provision of this Conservation Easement or the application

thereof to any person or circumstances is found to be invalid, the remainder of the provisions of

this Conservation Easement shall not be affected thereby, as long as the purpose of the

Conservation Easement is preserved.

1. 1. Terms and Restrictions. Grantor shall insert the terms and restrictions of this

Conservation Easement in any subsequent deed or other legal instrument by which Grantor

divests itself of any interest in the Conservation. Easement.

12. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States

certified mail, return receipt requested, addressed to the appropriate party or

successor - in -interest.

13. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or

successors - in -interest, which shall be filed in the public records in Osceola County.

TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon

Grantor, and shall continue as a servitude running in perpetuity with the Property.

Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said

Property in fee simple; that the Conservation Easement is free and clear of all encumbrances that

WA are inconsistent with the terms of this Conservation Easement; and all mortgages and liens on the

Conservation Easement area, if any, have been subordinated to this Conservation Easement; and

that Grantor has good right and lawful authority to convey this Conservation Easement; and that

it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed

against the lawful claims of all persons whomsoever.

IN WITNESS WHEREOF,

Grantor) has hereunto set its authorized hand this day of , 200.

Tohopekaliga Water Authority

Signature)

Print)

Title:

Signed, sealed and delivered in our presence as witnesses:

Signature) Signature)

Name: Name:

Print) ( Print)

i SS:

COUNTY OF

On this day of , 200_ before me, the undersigned notary public, personally

appeared, the person who subscribed to the foregoing instrument, as the title),

of Tohopekaliga Water Authority, an independent special district, and acknowledged that he/ she

executed the same on behalf of said special district and the he/ she was duly authorized to do so.

He/ She is personally known to me or has produced a ( state) driver' s license as identification.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

NOTARY PUBLIC, STATE OF FLORIDA

Signature)

Name:

Print)

My Commission Expires:

W EXHIBIT A TO CONSERVATION EASEMENT

30 THE NORTH '/ OF THE SOUTHEAST '/ 4 AND THE WEST/ 20F THE SOUTHEAST

40F THE SOUTHEAST '/ 4 AND THE EAST '/ 40F THE SOUTHWEST '/ 4 OF THE

SOUTHEAST '/ 4 OF SECTION 19, TOWNSHIP 25 SOUTH, RANGE 27 EAST,

OSCEOLA COUNTY, FLORIDA, LESS AND EXCEPT PLATTED RIGHT OF

WAYS; PREVIOUSLY KNOWN AS LOTS 3- 10 AND LOTS 14- 16, BLOCK " D",

FLORIDA FRUIT AND TRUCK LAND COMPANY, AS RECORDED IN PLAT

BOOK " B", PAGE 68, SAID PLAT HAVING BEEN VACATED IN O.R. BOOK 894,

PAGE 377, ALL AMONG THE PUBLIC RECORDS OF OSCEOLA COUNTY,

FLORIDA.

fTL12771IjI Exhibit G

Notice of Rights

31 NOTICE OF RIGHTS

As required by Sections 120. 569( 1), and 120. 60( 3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing and/ or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights.

Right to Request Administrative Hearing A person whose substantial interests are or may be affected by the South Florida Water Management District' s ( SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120. 569, 120. 57, and 120. 60( 3), Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision in accordance with Rule 28- 106. 111, Fla. Admin. Code. Any person who receives written notice of a District decision and fails to file a written request for hearing within 21 days waives the right to request a hearing on that decision as provided by Subsection 28- 106. 111( 4), Fla. Admin. Code.

The Petition must be filed at the Office of the District Clerk of the SFWMD, 3301 Gun Club Road, P. O. Box 24680, West Palm Beach, Florida, 33416, and must comply with the requirements of Rule 28- 106. 104, Fla. Admin. Code. Filings with the District Clerk may be made by mail, hand -delivery or facsimile. Filings by e- mail will not be accepted. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Pursuant to Rule 28- 106. 104, Fla. Admin. Code, any document received by the office of the District Clerk after 5: 00 p. m. shall be filed as of 8: 00 a. m. on the next regular business day.

Filings made by mail must include the original and one copy and must be addressed to the Office of the District Clerk, P. O. Box 24680, West Palm Beach, Florida 33416.

Filings by hand -delivery must also include the original and one copy of the petition. Delivery of a petition to the District's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the District' s security officer to contact the Clerk' s office. An employee of the District' s Clerk' s office will file the petition and return the extra copy reflecting the date and time of filing.

Filings by facsimile must be transmitted to the District Clerk' s Office at ( 561) 682- 6010. Pursuant to Subsections 28- 106. 104( 7), ( 8) and ( 9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the District Clerk receives the complete document.

32 The following provisions may be applicable to SFWMD actions in combination with the applicable Uniform Rules of Procedure ( Subsections 40E -0. 109( 1)( a) and 40E -1. 511( 1)( a), Fla. Admin. Code):

1)( a) " Receipt of written notice of agency decision" as set forth in Rule 28- 106. 111, Fla. Admin. Code, means receipt of either written notice through mail or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. b) If notice is published pursuant to Chapter 40E- 1, F. A. C., publication shall constitute constructive notice to all persons. Until notice is published, the point of entry to request a formal or informal administrative proceeding shall remain open unless actual notice is received. 2) If the District's Governing Board takes action which substantially differs from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28- 106. 111, Fla. Admin. Code, unless otherwise provided by law. The District Governing Board's action is considered to substantially differ from the notice of intended agency decision when the potential impact on water resources has changed. 3) Notwithstanding the timeline in Rule 28- 106. 111, Fla. Admin. Code, intended agency decisions or agency decisions regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands pursuant to Section 373. 427, Fla. Stat., shall provide a 14 day point of entry to file petitions for administrative hearing.

Hearings Involving Disputed Issues of Material Fact The procedure for hearings involving disputed issues of material fact is set forth in Subsection 120. 57( 1), Fla. Stat., and Rules 28- 106. 201-. 217, Fla. Admin. Code. Petitions involving disputed issues of material fact shall be filed in accordance with Rule 28- 106. 104, Fla. Admin. Code, and must comply with the requirements set forth in Rule 28- 106. 201, Fla. Admin. Code.

Hearings Not Involving Disputed Issues of Material Fact The procedure for hearings not involving disputed issues of material fact is set forth in Subsection 120. 57( 2), Fla. Stat, and Rules 28- 106. 301-. 307, Fla. Admin. Code. Petitions not involving disputed issues of material fact shall be filed in accordance with Rule 28- 106. 104, Fla. Admin. Code, and must comply with the requirements set forth in Rule 28- 106. 301, Fla. Admin. Code.

Mediation As an alternative remedy under Sections 120. 569 and 120. 57, Fla. Stat., any person whose substantial interests are or may be affected by the SFWMD' s action may choose to pursue mediation. The procedures for pursuing mediation are set forth in Section 120. 573, Fla. Stat., and Rules 28- 106. 111 and 28- 106. 401-. 405, Fla. Admin. Code. Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement.

DISTRICT COURT OF APPEAL Pursuant to Sections 120. 60( 3) and 120. 68, Fla. Stat., a party who is adversely affected by final

SFWMD action may seek judicial review of the SFWMD' s final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9. 110 in the Fourth District Court of Appeal or in

33 the appellate district where a party resides and filing a second copy of the notice with the SFWMD

Clerk within 30 days of rendering of the final SFWMD action.

WE CATEGORY: New Business

Attachments: Memorandum of Agreement

Explanation: The Toho Water Authority has been pursuing renewal of its Water Use Permit WUP) with the South Florida Water Management District ( SFWMD) for the past eight and a half months. In the fall of 2006, South Florida Water Management District, Southwest Florida Water Management District ( SWFWMD), and St. Johns River Water Management District SJRWMD) entered into an agreement that established the Central Florida Coordinating Area CFCA) for allocation of water resources and permitting. The CFCA area includes Orange County, Osceola County, Polk County, and South Lake County. Within the CFCA, the three WMDs have agreed that groundwater supply is becoming limited and should not be permitted for new water demand after 2013. As a result of the CFCA agreement, SFWMD decided that all of the pending WUP applications within their district within the CFCA should be considered competing applications, evaluated, and permitted together. At the time, there were five utilities with active WUP applications pending within SFWMD, TWA, the City of St. Cloud, Orange County, Polk County, and Reedy Creek Improvement District ( RCID). In December 2006, the Authority entered into an Interlocal Agreement with the other four utilities to work cooperatively on their WUP applications and to share resources in the process. Through the agreement, the five utilities formed what has become known to the SFWMD as the STOPR Group. One of the conditions that each utility is required to accept in its permit to obtain a 20 year permit for its respective projected 2013 water demand from groundwater was a requirement to develop an Alternative Water Supply ( AWS) by 2013 for demands after 2013. Additionally, each utility must have a second or alternative AWS project to be developed in addition to the initial project. For the STOPR group, the Upper Kissimmee River has been identified as an AWS project in each utility' s WUP. To develop the Kissimmee River as an AWS will require the development of significant storage either through a reservoir or aquifer storage and recovery ( ASR). SFWMD has initiated a study of the Upper Kissimmee River to evaluate its feasibility as a future water supply and to evaluate potential water supply reservoir sites. In the initial discussions with SFWMD on the WUPs and the development of AWS alternatives associated with the permits, there were discussions of the District providing a site for a water supply reservoir and some potential funding assistance. However, as discussions progressed, SFWMD advised the STOPR group that the District could not commit to providing a reservoir at the present time as a result of some dynamic conditions within their organization.

The recently enacted Northern Everglades Restoration legislation and the appointment of five new members to the District governing board are some of the new conditions within the District. The Northern Everglades legislation may have a positive impact on the development of the river as a water supply because one of its goals is to divert and hold the high flows in the river during the summer to reduce environmental impacts on downstream estuaries. One of the solutions to be evaluated is the construction of reservoirs. To address the STOPR group' s concerns that a reservoir is critical to developing the Kissimmee River as a water supply, SFWMD proposed to enter into a Memorandum of Agreement ( MOA) with the group for the planning and development of a water supply reservoir. Under the MOA, the District and STOPR would agree to the following: 1. SFWMD will evaluate the feasibility of dedicating land for a water supply reservoir on District or State owned land. The STOPR group will work with the District in this evaluation. 2. SFWMD will assess the capacity of the Upper Kissimmee River to meet the water supply needs of the STOPR group by the end of 2007. 3. By July 2009, the District and STOPR group will enter into an agreement for dedication of land, construction of a reservoir, and use of the reservoir or the parties will agree to terminate the MOA.

The MOA will serve to act as a guide and commitment by the parties to work together collectively under an aggressive schedule to assess, identify, and develop a reservoir site. Though the MOA does not provide a firm commitment by the District to dedicate property for a reservoir, it will put the District and its governing board on record to work with and assist STOPR in developing a reservoir. The District is aware of how critical the development of a reservoir is to the use of the Kissimmee River as a water supply and its link to the STOPR group to meeting the schedule set out in their respective permits to develop the river as a supply. The MOA was drafted by our environmental attorney, Silvia Alderman, and negotiated with the SFWMD through the STOPR group and their respective legal counsels.

Recommendation: Staff recommends approval of the Memorandum of Agreement regarding water supply reservoir planning and development.

MOA RESERVOIR WUP STOPR. 06. 13. 07. BLW MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ST. CLOUD, THE TOHOPEKALIGA WATER AUTHORITY, ORANGE COUNTY, POLK COUNTY, REEDY CREEK IMPROVEMENT DISTRICT AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT REGARDING WATER SUPPLY RESERVOIR PLANNING AND DEVELOPMENT

THIS AGREEMENT (" AGREEMENT") is made and entered into by and between the

CITY OF ST. CLOUD, a municipal corporation, whose address is 1300 Ninth Street, St. Cloud,

Florida 34769 (" ST. CLOUD"), the TOHOPEKALIGA WATER AUTHORITY, an independent