Title: Proposed Changes to Subparagraphs 1.D. & E. of the Partnership Agreement
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Permanent Link: http://ufdc.ufl.edu/WL00003968/00001
 Material Information
Title: Proposed Changes to Subparagraphs 1.D. & E. of the Partnership Agreement
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Proposed Changes to Subparagraphs 1.D. & E. of the Partnership Agreement
General Note: Box 16, Folder 6 ( SWFWMD - 1997-1998 ), Item 10
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003968
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text





December 31, 1997 ATTORNEY WORK PRODUCT

MEMORANDUM

To: Jake Varn

From: Jim Robinson
Dominick Graziano

Subject: Proposed Changes to Subparagraphs 1.D. & E.
of the Partnership Agreement

In accordance with our discussions this afternoon, we recommend substitution of the
following subparagraphs in place of existing subparagraphs 1.D. & E. Existing
subparagraphs F etc. should be re-lettered accordingly.

"D. The AUTHORITY shall keep the DISTRICT advised of the AUTHORITY's
planning and progress toward completion of the PHASE I and PHASE II
PLANS. By April 1, 1998, the AUTHORITY shall meet with the DISTRICT
staff to discuss the details of the AUTHORITY's July 1, 1998 PHASE I and
PHASE II PLAN submittals, at which time the AUTHORITY shall provide the
DISTRICT with a current draft of the submittals. The AUTHORITY shall
furnish the DISTRICT with an original and 11 copies of the PHASE I and
PHASE II PLANS, in final form, as soon as they are available.

E. Within ninety (90) days of receipt of the PHASE I PLAN and PHASE II PLAN,
he DISTRICT shall provide in writing to the AUTHORITY a listing of the water
supply facilities for which the DISTRICT will provide funding, the amount of
funding and the terms under which said funds will be made available to the
AUTHORITY; provided, nevertheless, that both the commitment to fund and
the amount of funding shall be subject to issuance of all necessary
governmental permits and approvals in accordance with the following
subparagraphs. The parties acknowledge that the actual cost of funding a
particular project will be unknown until such time as a Water Use Permit and
any and all other governmental permits and approvals are obtained.

F. By December 31, 1998, the AUTHORITY shall have filed all permit
applications for new water supply sources identified in the Phase I and
Phase II plans. Within 60 days of the DISTRICT's receipt from the
AUTHORITY of written evidence of the issuance of all necessary permits and
approvals by all appropriate governmental authorities for a particular project
(or within 60 days of the DISTRICT's issuance of a Water Use Permit where
such is required), the DISTRICT shall advise the AUTHORITY in writing of
the amount of funds that will be made available for such project.


&









G. The AUTHORITY shall keep the DISTRICT informed of the progress of
implementation of any and all projects for development of new water supply
sources, and shall furnish the DISTRICT such information as is necessary
and appropriate toward this end. In addition, the AUTHORITY shall provide
such additional information, and take such other steps to keep the DISTRICT
informed of progress, as may be required by the terms of the DISTRICT's
written commitment for funding."

H. Any modification of the AUTHORITY's PHASE I PLAN or PHASE II
PLAN shall require the written approval of the DISTRICT, which
approval shall not be unreasonably withheld.

We have made corresponding changes to paragraph 6 of the Master Permit, a copy of
which is being emailed to you along with this memorandum.

Let us hear from you if we can be of help. In the meantime, we'll be looking making sure
that the Master Permit and the Partnership Agreement are in sync on the topic of the
operations plan for running the various facilities. As it stands, paragraph 2 of the Special
Conditions of the Master Permit refers to an "Operations Plan provided under the
Partnership Agreement dated 1998." We believe that the Operations Plan needs
to be addressed in the Master Permit and will be drafting language for inclusion in the
Master Permit dealing with the submittal of the Operations Plan to the District for approval.
We will need staff input, however, since the Operations Plan is based on a modeling
technique that staff has not yet fully evaluated. We probably won't have that input until
Monday.






Jacob Varn Case Numbers for Declaratory Judgment Action


From: JARobin825
To: TAL-DOM.TAL-POST(JDV)
Date: Wed, Dec 31, 1997 4:49 PM
Subject: Case Numbers for Declaratory Judgment Action

Jake, the Circuit court case is:

Pinellas County, Florida v. Southwest Florida Water Management District, et
al., Circuit Court for Hernando County, Florida, Case No. 97-150 CA

The pending appellate proceeding is the same as far as the parties' names go
and the case is before State of Florida, Fifth District Court of Appeal, Case
No. 97-00767

Thanks.


Jim Robinson


Page 1






Jacob Varn Partnership Agreement and Master Permit ATTORNEY WORK PRODUCT Page 1



From: JARobin825
To: TAL-DOM.TAL-POST(JDV)
Date: Wed, Dec 31, 1997 4:15 PM
Subject: Partnership Agreement and Master Permit ATTORNEY WORK PRODUCT

Dear Jake, here is the first of two transmittals to you. This one is the memo
Dom and I did explaining our recommended changes to the Agreement. The one to
follow will have attached the Master permit with REVISED paragraph 6 regarding
water planning.

Call if you need us.

Jim Robinson






Jacob Varn Partnership Agreement and Master Permit ATTORNEY WORK PRODUCT Page 1



From: JARobin825
To: TAL-DOM.TAL-POST(JDV)
Date: Wed, Dec 31, 1997 4:15 PM
Subject: Partnership Agreement and Master Permit ATTORNEY WORK PRODUCT

Dear Jake, here is the first of two transmittals to you. This one is the memo
Dom and I did explaining our recommended changes to the Agreement. The one to
follow will have attached the Master permit with REVISED paragraph 6 regarding
water planning.

Call if you need us.

Jim Robinson






Jacqb Varn Master Permit ATTORNEY WORK PRODUCT


JARobin825
TAL-DOM.TAL-POST(JDV)
Wed, Dec 31, 1997 4:19 PM
Master Permit ATTORNEY WORK PRODUCT


Here's the Master Permit.


From:
To:
Date:
Subject:


Page 1




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