notebook - Southwest Florida Water Management District

STYLE/CASE NO. COURT ATTORNEY ACTION DESCRIPTION/STATUS
Homeowners’ Association and Dollar Golf. The District and Trails at
Rivard Homeowners’ Association have agreed on a payment
schedule for the payment of penalties and costs. The Trails at
Rivard Homeowners’ Association and Dollar Golf continue to
negotiate a contract to jointly complete the repair to the sinkhole.
Dollar Golf and the Trails at Rivard Homeowners’ Association have
entered into their contracts to repair the sinkhole and the parties are
negotiating the final terms of a settlement agreement. A Settlement
Agreement was reached and entered into by all parties on July
31st. The parties are jointly filing a motion for entry of a consent
final judgment.
On August 20th, the Circuit Court entered a Consent Final
Judgment, which incorporated the Settlement Agreement. On
August 23rd, the District received an engineering certification
concerning the repair made to the sinkhole. On August 28th,
District staff verified that the repair had been made. The Trails at
Rivard is on target for paying its penalties and costs. Dollar Golf
has paid its penalties and costs in full and the District will be filing a
Satisfaction of Judgment for Dollar Golf with the Circuit Court.
5
SWFWMD v.
Fatemah
Corporation
A. Vining Administrative Complaint and
Order
3
On September 21th the District filed a Satisfaction of Judgment
for Dollar Golf, Inc. with the Circuit Court. The Trails at Rivard
has been making its monthly payments of penalties per the
Consent Final Judgment. The Trails at Rivard is required to
have all penalties paid by August 2013.
On January 1, 2003, the District issued Water Use Permit No.
20008605.002, (Permit) to Fatemah Corporation, (Permittee)
authorizing withdrawals of 39,400 gallons per day (gpd) on an
annual average basis for the irrigation of 55 acres of citrus in
Hillsborough County. By letters dated April 29, 2005, and June 27,
2005, District staff informed Permittee that it appeared that the
citrus had been removed from the property and that tomatoes had
been planted in place of the citrus, an action that required
modification of the Permit to reflect the change in crop type. Staff
also informed Permittee that cultivating tomatoes on the property
would require the withdrawal of a significantly larger quantity of
water than what the Permit currently authorized. Permittee
submitted an application to modify the Permit to reflect the change
in crop type on August 26, 2005. The Governing Board denied the
application March 25, 2008, because the Permittee failed to supply
the District with sufficient information to complete the application.
District staff sent letters on April 16, 2008, and May 22, 2008, again
notifying Permittee of the need to address the change in crop type
from citrus to tomatoes. On April 23, 2009, the District mailed a