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HomeMy WebLinkAbout2009 07 27 Other Reports Distributed By Anthony Garganese Date: July 27, 2009 The following document was distributed and referenced by City Attorney Anthony A. Garganese under "Reports" at the July 27, 2009 City Commission Regular Meeting. BROWN, GARGANESE WEISS D'AGRESTA P.A Attorney at Law Debra S. Babb- Nutcher" Offices in Orlando, Tara L. Barrett Joseph E. Blitch Ft. Lauderdale Tampa Vivian P. Cocotas Usher L. Brown' Robin Gibson Drage Suzanne D'Agresta" Gregg A. Johnson Anthony A. Garganese" Katherine W. Latorre" William E. Reischmann, Jr. Bridgette M. Miller J.W. Taylor Alfred Truesdell Jeffrey S. Weiss Lynn M. Vouis Gary M. Glassman 'Board Certified Civil Trial Lawyer Erin J. O'Leary "Board Certified City, County Local Government Law Amy J. Pitsch 'Board Certified Appellate Practice Catherine D. Reischmann" Of Counsel July 27, 2009 Via Fax Only 407 -420 -5909 Julie Kendig Schrader Greenberg Traurig, LLP 450 S. Orange Avenue Suite 650 Orlando, FL 32701 Re: Winter Springs Town Center Phase II Implementation Agreement City of Winter Springs "City") Dear Julie: I have met with the City Manager and staff to discuss the draft Amendment to Implementation Agreement that you prepared on behalf of your client. As your client is aware, the Implementation Agreement comprehensively addresses the next big phase of the Winter Springs' Town Center. In fact, final engineering was approved (with conditions) on July 10, 2006 for this project. Unfortunately, the current economic recession intervened and the project has been stalled for some time like most significant projects around the country. Given this situation, the City is extremely reluctant to amend the current Implementation Agreement based on speculation and absent a bona fide developer who is ready and willing to develop Phase II. Therefore, I must advise you that the City desires to maintain the status quo for now, and does not want to amend the current Implementation Agreement at this time. Rather, the City wants to complete the Magnolia Park expansion conveyance which is required pursuant to paragraph 7.0 of the Implementation Agreement. Also, the City would like your client to authorize the completion of the engineering plans for Spine Road, as required by paragraph 6.2(c). According 111 N. Orange Ave, Suite 2000 P.O. Box 2873.Orlando, Florida 32802 -2873 Orlando (407) 425 -9566 Fax (407) 425 -9596 Kissimmee (321) 402 -0144 Cocoa (866) 425 -9566 Ft. Lauderdale (954) 670 -1979 Website: www.orlandolaw.net Email: firm @orlandolaw.net Julie Kenrig- Schrader July 27, 2009 Page 2 to the City, the engineering plans prepared by Lochrane Engineering were approximately at the 95 percent completion stage at the time the prior owner deeded the property to your client in lieu of foreclosure. The City had also reviewed and commented on the Spine Road engineering plans on several occasions. Lastly, with respect to the proposed 5t Third Bank project, City staff has reviewed the proposed plans for the project and provided comments. However, City staff has expressed concerns that the proposed project may not comply with the buffering requirements in the Implementation Agreement and other provisions in the Town Center Code. These concerns will need to be satisfactorily addressed before any development order is issued. Please feel free to contact me regarding this letter after you have had a chance to discuss it with your client. Sin -ly, Anthony A. Garganese City Attorney AAG:jel cc: Kevin Smith, City Manager (via e-mail) Kip Lockcuff, Public Works Director (via e-mail) Randy Stevenson, Community Development Director (via e-mail)