HomeMy WebLinkAbout2021 03 01 Schrimsher Letter to Shawn Boyle City Manager 4 dl
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PROPERTIES
February 26, 2021 VIA- CERTIFIED MAIL- RETURN RECEIPT UQUESTED
Mr. Shawn Boyle Mr. Anthony A. Garganese
City Manager City Attorney of Winter Springs
City of Winter Springs Garganese, Weiss, D'Agresta & Salzman, P. A.
1126 East State Road 434 111 North Orange Ave., Suite 2000
Winter Springs, Fl, 32708 Orlando, FL 32801
RE: Agreement dated June 26, 2000, by and among
Schrimsher Land Fund 1986-11, Ltd., Schrimsher
Land Fund V, Ltd., and Schrimsher Land Fund VI, Ltd.
("Schrimsher") and the City of Winter Springs ("City")
Dear Mr. Boyle & Mr. Garganese:
This letter is thirty(30) days written notice that the City of Winter Springs is in default of the
above referenced agreement, a short form memorandum of which was recorded on January
8, 2001, in Official Records Book 3988, Page 1063, Public Records of Seminole County,
Florida.
The City has failed to perform its obligations under this Agreement which entitles Schrimsher
to pursue whatever remedies are available under Florida law or equity. Prior to filing an action
to seek specific performance and/or injunction relief,this written notice will provide the City
an opportunity to cure the default to our reasonable satisfaction. The prevailing party in any
litigation shall be entitled to recover its reasonable attorney's fees and costs.
Article IV(e) states that except for the conveyances from Schrimsher to the City so described
in this Article IV . . . Schrimsher shall have no,further obligation to convey to the City any
property for park, open space or gre�n space purposes.
However, the obligation for Schrimsher to pay the City for removing trees imposed by the
City's tree ordinance renders wooded lots in the Town Center undevelopable and constitutes
an administrative taking of private property to function as open space or green space,or even
a park for those who trespass.
The City obligations in Article V which the City agreed to do but failed to perform include,but
are not limited to, the following:
a) Within eighteen (18) months . . . extend and connect (i.e., "stub in") City water
distribution and sewer collection facilities to the boundaries of Schrimsher Property in
sufficient capacity to reasonably accommodate and guarantee the level of service capacity
600 EAST COLONIAL(DRIVE SUITE 100 ORLANDO, FLORIDA 321303 , FAX C407)64R-9230 OFFICE 1407)423-7600
Mr. Boyle & Mr. Garganese
February 26, 2021
Page 2
ire art Town Center and SchrimsherProperty. Except as provided in Article V(c)
and V(d)below relating to Spine Road and Main Street Improvements, the City shall
not be required to extend either sewer or water facilities into the interior portion of the
Schrimsher Property unless agreed upon in future written developer agreements. The
City also guarantees sufficient capacity within the sewer and water treatment plants to
reasonably accommodate andguarantee the level ofservice require the Town Center and
Schrimsher Property. The City also agrees that no special City water or sewer
connection charge or assessment will be applied to Schrimsher Property for purposes
of reimbursing the City for the expense of extending and connecting the City's water
distribution and sewer collection facilities to Schrimsher's property as described above
Note:Article V(a)does not specify but Article XV concerning the Traffic Signal refers
to "construction of the Spine Road north or south of State Road 434". Comments made by
City staff and elected officials calls into question whether the City intends to honor
these commitments.
(b) Promptly commence and within six (6) months . . . submit an application to acquire a
Master Star water Management Permit from the St. John's Water Management
District forte Town Center and expedite tote ' st extentpossible completion of the
master stormwater permitting within the Town Center and Schrimsher Property,
*This has NEYER occurred.
(c) . . . if Schrimsher desires to construct Spine Road in accordance with the Town Center
District Code, prior to City's schedule for said construction provided herein,
Schrimsher may design, engineer, permit, survey, and construct Spine Road at
Schrimsher's expense.. .Schrimsher shall then be eligible for and receive in connection
with the development of the Schrimsher Property transportation impact fee credits in
an amount equal to Schrimsher's reasonable costs . . .which costs shall be deemed for
"non-site-relate improvements." Accrued credits shall be applied to the development
of Schrimsher Property. Regardless of which party constructs Spine Road,the City, at
its expense and concurrently with the construction of Spine Road, agrees to design,permit
and construct water and sewer utilities for Spine Road required for the Town Center and
Schrimsher Property (the "Spine Road Utilities"). Schrimsher shall convey the right of
way for Spine Road to the City at such time as the City has obtained all necessary
permits forte City to construct Spine Road or at such time that Schrimsher has
completed construction of Spine Road, whichever occurs first.
Mr. Boyle & Mr. Garganese
February 26, 2021
Page 3
Note: Schrimsher and Hawthorn split the costs to construct Spine Road south of State
Road 434 making them eligible to receive the impact fee credits and they constructed
the Spine Road Utilities south of State Road 434 and should be reimbursed for those
sewer and water utilities which were supposed to be designed, permitted and
constructed at the City's expense.
According to Articles VI and VII,Schrimsher consented to inclusion of the Schrimsher
Property in the Town Center District and consented to adoption of the Town Center
District Code and its applicability to the Schrimsher Property"subject to the terms and
conditions hereof."
Article XVI states that the City agrees to cooperate with Schrimsher to allow
Schrimsher to design, permit, and construct a road along the existing right-of-way
behind the "Mobil Service Station" currently on the corner of State Road 434 and
Tuskawilla Road,which may or may not be designed to connect Tuskawilla Road with
a frontage road south of State Road 434.
Note: The City should bear this in mind when reviewing proposed development of the
two properties adjacent to Mobil.
Article XVII states that both parties agree that there are no minimum green space or
open space requirements within the Town Center District.
Article XIX states that this Agreement shall be subject to periodic review by the parties.
Periodically, City and Schrimsher agree to cooperate and meet in good faith to discuss the
progress made under this Agreement in furtherance of each others mutual interests.
Additionally,during said review,the parties may discuss proposing amendments to the
Town Center District Code which may be needed to promote the public's interest in
creating an economically viable Town Center.
Note: Periodic review as described above has NEVER occurred but the City has
amended the Town Center District Code without meeting in good faith with
Schrimsher or even providing notice to Schrimsher that amendments were being
considered. This does not reflect cooperation by the City with Schrimsher to further
our mutual interests.
Article XX states that Schrimsher and the City shall cooperate fully with each other to
effectuate the terms, conditions and intentions of this Agreement.
Mr. Boyle & Mr. Garganese
February 26, 2021
Page 4
Article XXVI states that this Agreement shall not be modified or amended except by written
agreement duly executed by both parties hereto, and Article XXVII states that this
Agreement supersedes any other agreement, oral or written, and contains the entire
agreement between the City and Schrimsher as to the subject matter hererof.
Article XLI states that to the extent there are any conflicts between the provisions of
the Town Center District Code and this Agreement,the provision of this Agreement shall
control as if approved by the City Commission as a special exception pursuant to the Town
Center District Code.
Article XLIII states that the City acknowledges Schrimsher's right to impact the wetlands
. . . on the north side of State Road 434 and . . . on the south side of State Road 434 in
the southeastern portion of Town Center, provided Schrimsher complies with all
applicable governmental requirements. Furthermore, the City acknowledges that
Schrimsher shall have the right to utilize other wetlands located within Town Center
for the purpose of satisfying"wetland mitigation"requirements related to one or more
developments located outside of Town Center.
The Town Center Plan dated March 23, 1998, was attached as Exhibit "C" and fully
incorporated into the Agreement. Although conceptual in nature,it does describe how
the plan was developed and its key concepts and guiding principles.
The Town Center District Code dated June 12,2000,was attached as Exhibit"E"and
fully incorporated into the Agreement. Page 18 states that Main Street is the most
important street in the town center. It is lined with mixed-use shopfront buildings that
are positioned at the front of each lot. It features angled parking or parallel parking
and wide sidewalks. Trees in the right-of-way are optional. The southern portion
between Market Square and Magnolia Square is of primary importance for
implementation,but it is understood that over time Main Street may grow into the area
of Tuskawilla Road north of Magnolia Square.
Note: The City was given Magnolia Square plus land north and south of Magnolia
Square plus 11 feet of additional right-of-way, all along the east side of Main Street
(Tuskawilla Road)but 20 years later there are no mixed-use shopfront buildings along
that side of the "most important street in the town center."
Mr. Boyle & Mr. Garganese
February 26, 2021
Page 5
Also, in the Town Center District Code on page 9, paragraph K. Single vs. Double
Loaded Roads states that segments of single loaded Edge Drive are designated for
portions of the masterplan in order to provide public access to significant natural areas .
. . and Page 22 states the Edge Drive provides public access along the natural boundaries
of the town center.
Note: Michael Blake Boulevard,which is a single loaded Edge Drive around Wetland
Park, does not have a sidewalk along that natural boundary nor is there any other way
to provide public access to that "significant natural area" 20 years later.
I look forward to your prompt response and comprehensive action plan to address our
concerns, and cure the City's default under the terms of our Agreement.
Sincerely,
SCHRIMSHER LAND FUND 1986-II, V & VI, LTD.
SCHRIMSHER PROPERTIES
� ....
Michael A. Schrimsher
cc: Mr. Michael J. Grindstaff, Esquire
Mrs. Karen Wankelman, Esquire
Shutts & Bowen
300 S. Orange Ave., Ste 1600
Orlando, FL 32801
Mr. Boyle & Mr. Garganese
February 26, 2021
Page 5
Also, in the Town Center District Code on page 9, paragraph K. Single vs. Double
Loaded Roads states that segments of single loaded Edge Drive are designated for
portions of the masterplan in order to provide public access to significant natural areas .
. . and Page 22 states the Edge Drive provides public access along the natural boundaries
of the town center.
Note: Michael Blake Boulevard,which is a single loaded Edge Drive around Wetland
Park, does not have a sidewalk along that natural boundary nor is there any other way
to provide public access to that "significant natural area" 20 years later.
I look forward to your prompt response and comprehensive action plan to address our
concerns.
Sincerely,
SCHRIMSHER LAND FUND 1986-II, V & VI, LTD.
SCHRIMSHER PROPERTIES
Michael A. Schrimsher
cc: Mr. Michael J. Grindstaff, Esquire
Mrs. Karen Wankelman, Esquire
Shutts & Bowen
300 S. Orange Ave., Ste 1600
Orlando, FL 32801