HomeMy WebLinkAbout03-08-2004 City of Winter Springs Town CenterBROWN, SALZMAN, WEISS & GARGANESE, P.A.
Usher L. Brown'
Suzanne D'Agresta°
Anthony A. Garganese°
Gary S. Salzman°
John H. Ward'
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
*Board Certified Business Litigation Lawyer
°Board Certified City, County & Local Government Law
Via Facsimile Only
Hal Kantor, Esquire
Lowndes, Drosdick, Doster,
Kantor & Reed, P.A.
215 North Eola Drive
Orlando, Florida 32801
Attorneys at Law
Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher
Cocoa & Viera Joseph E. Blitch
Jeffrey P. Buak°
John U. Biedenham, Jr.
Lisa Fletcher -Kemp
Douglas Lambert
Katherine Latorre
Michelle A. Reddin
Kimberly F. Whitfield
- March 8, 2004
Re: City of Winter Springs Town Center
Our File No. 315-015
Dear Hal:
Erin J. O'Leary
Of Counsel
Thank you for your letter dated March 4, 2004 and the attached draft Stand -Still
Agreement, which I received by hand -delivery late that same day. I forwarded your letter
and draft agreement to the City Manager on March 5, 2004. As you know, he returned late
last week from an extensive land development conference in Los Angeles. Since
-returning, he, understandably, has not had an opportunity to thoroughly review your
proposal. He has had to devote much of his attention to other pressing matters, including
the Town Center sidewalk expansion agenda item. That agenda item will be presented to
the City Commission this evening as an add -on item.
In addition, while I understand your position regarding the City's ability to unilaterally
amend the Town Center Code, I must respectfully disagree for a variety of reasons. For
example, the development agreement does not expressly prohibit the City from amending
the Town Center Code but, rather, expressly reserves unto the City all of its police powers.
In addition, even the Florida Legislature has recognized a city's ability to unilaterally apply
subsequently adopted laws and policies to a development that is subject to a development
agreement. See e.g., Section 163.3233, Florida Statutes. Lastly, even if you took a
moment to see things from the City's perspective and conceded, for argument's sake, that
the City has the unilateral right to amend the Town Center Code, I think you would agree
225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@odandolaw.net
Hal Kantor, Esquire
Lowndes, Drosdick, Doster,
Kantor & Reed, P.A.
March 8, 2004
Page 2
the development agreement still has "meaning" to your client. Your client has gained
tremendously from the millions of dollars the City has invested in Town Center
infrastructure in accordance with the JDC and Schrimsher development agreements.
Regardless of our clients' diametrically -opposed legal positions on amending the
Town Center Code, I know from my experiences in dealing with you, you will counsel your
_ client with constructive advice, and that there is still an opportunity to work this situation
out.
yours,
AnthonyA. Garganese
City Attorney
AAG:jf
cc: Ronald W. McLemore, City Manager
Mayor and City Commission