HomeMy WebLinkAboutSuda, Inc. -1987 04 08
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MEMORANDUM
DATE: April 14, 1987
TO: TOM LANG,
FROM: RICHARD ROZANSKY
SUBJECT: Water/Sewer Reservation/Developers Agreement-Suda,
(Poole Letter April 8, 1987)
Please review and comment on the above referenced
letter. The letter is in responj(e to our request for
the developer to sign a Developers Agreement and make
required payment for capacity, both water and sewer.
Appar:pt~y Suda does not want to pay. I believe
it's time the City took some positive action and moved
on to the next applicant on the list.
Please advise.
jds
Attachments:
cc: Winter Springs Water & Sewer Management Committee
Commission/Mayor
City Clerk
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WILLIAM (FRED) POOLE. IV
CQRPORAT1ONS AND BUSlNI!SS LAW
c:oMMERCIAL TAIAL PRACTlCE
l544 WEST COLONIAL DRIVE
ORLANDO. FLORIDA !2804
EDWARD A. DION
TELEPHONE (305) 42Z-eee2
April 8, 1987
City of Winter Springs
1 North Fairfax Avenue
Winter Springs, FL 32708
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APR 13 1987
ATTENTION: Doug Taylor
Winter Springs Water and Sewer
CITY of WINTER SPRINGS
CITY MANAGER
RE: Suda, Inc.'s Developers Agreement for
Sewer and Water - City of Winter Springs
Dear Mr. Taylor:
This letter is being sent to you in response to the proposed
Developer's Agreement between the City of Winter Springs and my
client Suda, Inc. dealing with the furnishing of capacity of
water and sewer.
We appreciate the opportunity of acquiring at the present
time 17,000 gallons of sewer capacity and 25,000 gallons of water
capacity. As you realize, this limited amount of sewer capacity
is totally inadequate for us to proceed with the formulation of a
unified plan for development of this property. I believe that a
review of the record will disclose that the City of Winter
Springs promised Suda, Inc. a minimum of 25,000 gallons of sewer
capacity in 1986, which was not forth coming. A review of the
sewer capacity situation by the management of Suda, Inc. and
their planners have left them with a determination that it is'
impossible to proceed with a formula~ion of R lln;f;p~ plan for
the development of a major project within the City of Winter
Springs under the present policies and procedures for allocation
of sewer capacity.
In checking with other water and sewer departments in other
jurisdictions in Central Florida, it is their policy to sell
capacity, even though it is not presently available, with the
realization that there will be a gradual take down of this
capacity over several years as the projects are developed. Suda,
Inc. is interested in discussing with the City of Winter Springs,
the present acquisition and payment for all or a portion of the
capacity necessary to develop Suda, Inc.'s property within the
City of Winter Springs. As you realize, without the ability to
have this sewer capacity this project cannot be planned in a
unifjed fashion nor be developed.
RI=rl=lvr=n APR 1 :\ 1987
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City of Winter Springs
April 8, 1987
Page 2
Suda, Inc.'s planners have recently related to us that they
are of the opinion that they need presently and in the future to
totally develop this property at least 61,000 gallons per day of
sewer capacity. As I have stated previously, this sewer capacity
would not be needed all at once and would be taken down over a
period of years. Take down schedule to be agreed upon between
Suda, Inc. and the City of Winter Springs.
This letter should not be taken as a rejection of the offer
to purchase 17,000 gallons of sewer capacity and 25,000 gallons
of water capacity by Suda, Inc. But, this letter should be taken
as an inquiry as to whether or not the City of Winter Spr1ngs
would entertain a policy of selling sewer capacity in advance of
actual ability to supply such capacity consistent with the
practices of other jurisdictions in the Central Florida area.
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F. Poole, IV
Counsel to Suda, Inc.
(FRED) POOLE, IV, P.A.
WFP,IV/jp
cc: William R. Miller
Suda, Inc.
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