Title: Memo Re: SWFWMD-WCRWSA Partnership Agreement Letter of October 6, 1997
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 Material Information
Title: Memo Re: SWFWMD-WCRWSA Partnership Agreement Letter of October 6, 1997
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Memo Re: SWFWMD-WCRWSA Partnership Agreement Letter of October 6, 1997 (JDV Box 108)
General Note: Box 16, Folder 10 ( SWFWMD-WCRWSA - 1997 ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004005
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.

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STEEL

HECTOR

MDAVIS


Steel Hector & Davis LLP
215 South Monroe, Suite 601
Tallahassee, Florida 32301-1804
904.222.2300
904.222.8410 Fax



Jacob D. Varn


MEMORANDUM


Sonny Vergara

Jake Varn ,JA


- .0 Ll,


DATE: October 6, 1997

RE: SWFWMD-WCRWSA
PARTNERSHIP AGREEMENT



Based on my conversations with Pete Dunbar I have made numerous
revisions to the proposed agreement. Some revisions remove provisions that are
not necessary, but when included evoke emotional responses. Others were made
in order to clarify existing provisions. Set out below are some comments that
should give some insight into the proposed revisions.

1. Since the "Whereas" clauses are not required, keep them short, to the
point and non-controversial. We should strive to have no one upset with our
"Whereas" clauses. If we have controversy and disagreements, they should be
with the substantive provisions. With this in mind I deleted one "Whereas" clause
on page 3.

2. I substantially revised paragraph 1 (pages 4 and 5). I did this based
on the specific motion adopted by the Governing Board and in response to a
WCRWSA observation of a perceived lack of SWFWMD financial commitment.
Please review paragraph 1 carefully. Pete indicated that the proposal did not
provide any commitment of SWFWMD funds. I told Pete that there was no
commitment because WCRWSA had not committed to construct any particular
project.


Miami
305.577.7000
305.577.7001 Fax


West Palm Beach
561.650.7200
561.655.1509 Fax


Key West
305.292.7272
305.292.7271 Fax


Caracas
582.951.4105
582.951.4106 Fax


TO:


FROM:









Memo to Sonny Vergara
October 6, 1997
Page Two

3. Paragraph 2 has been substantially revised to require WCRWSA to
submit the PHASE I PLAN and PHASE II PLAN by July 1, 1998. The District is
to review these plans and at that time determine which projects and how much
funding it will provide.

4. With respect to land acquisition, WCRWSA is currently revisiting
through its Governance Agreement exactly how WCRWSA will gain appropriate
control over all existing wellfields. This issue is currently unresolved between
WCRWSA and its members. Also, Pete Dunbar has questioned to what extent
these trust funds can be used for the acquisitions of the wellfields. At this time I
question if these SWFWMD funds will be of much value to WCRWSA.

5. We need to strengthen the Conservation paragraph (No. 4 on pages
12 and 13). We need to quantify how much demand will be reduced because the
conservation and reclaimed water projects. We need more details on WCRWSA's
"Demand Management Implementation Plan" and with these details we can
provide for consistency. On the other hand, it is really WCRWSA's members, not
WCRWSA, that will be constructing these projects.

6. With respect to the Recovery Plan (paragraph 6 on pages 13 through
16), it was suggested that the language be revised to state things positively, not
negatively. Pete also questioned why we incorporated the minimum flow
provision for the City of Tampa, but did not include minimum levels for the
others. Pete asked why is the City getting special attention.

7. Note the revision to paragraph 7.D. on page 17. This was an effort to
clarify the existing language.

8. While I didn't make any revisions to the provisions dealing with the
Water Consortium, WCRWSA has reacted very negatively to the Water
Consortium.

9. Note that I deleted prior paragraph 14 on page 19 (Not a Partnership).


STEEL HECTOR& DAVIS L.LP









Memo to Sonny Vergara
October 6, 1997
Page Three

In closing Pete thought that it would be a good idea to make the agreement
available at the WCRWSA meeting on October 13. Please review these revisions
and advise how you want to proceed.

JDV/dww












TAL/22261-1


STEEL HECTOR & DAVIS LLl




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