Apopka council authorizes attorney to negotiate easement with Lumen for temporary pump station to address lake flooding

The Apopka City Council on June 4 authorized the city attorney’s office to negotiate and finalize a temporary access, construction and easement agreement with Lumen (CenturyLink) that would allow the city to place a temporary pump station on Lumen property to relieve high water in local lakes, including Border Lake.

Mayor and staff described the agreement as the final piece of a multi‑partner plan intended to reduce flooding in an at‑risk neighborhood; the pump would move excess water south toward Lake Jackson and downstream systems. City staff said they had secured agreements from homeowners whose properties would be accessed and that Orange County was prepared to process permits once property‑owner approvals were in place.

Key contract points the city sought to resolve included indemnification language and a clear exhibit that shows the easement boundaries. City officials noted the draft included a clause that would terminate the temporary easement either on completion of the work or after 365 days. The draft agreement also recited a nominal consideration payment that Lumen requested; the initial language in the document changed the token amount from $10 to $500.

City Attorney and staff recommended modest edits to preserve the city’s sovereign‑immunity protections, limit the city’s obligation to defend the landowner in third‑party claims, and make the exhibit map more precise. City Engineer Vladimir Smanowski confirmed engineering had reviewed site conditions and that staff were not aware of unusual physical impediments to installing the pump; finance staff confirmed that a $500 payment (if required) could be paid from existing budgets and vendor setup would be handled administratively.

Several councilors and members of the public objected to the late arrival of the agreement (the mayor said the final draft was provided about an hour before the meeting). The council nonetheless voted unanimously to authorize the attorney to negotiate the revisions described (indemnity language and exhibit clarification) and, if accepted by Lumen, sign the final agreement so the pump station work could proceed without further delay.

Staff emphasized that Orange County permitting and other property agreements were in place or near completion and that the Lumen easement was the remaining document needed to begin construction and pumping. The ordinance and permit process remain subject to standard county approvals and construction‑inspection requirements.

Next steps: the city attorney will submit the city’s proposed indemnity edits and a clarified exhibit to Lumen for their review. If Lumen accepts the changes, the city attorney will finalize and execute the temporary easement agreement so the project can move into construction and operation phases. The council’s authorization does not itself grant physical access — the finalized, signed easement and the county permits are required before crews begin pumping.