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)