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Home My WebLink About1984 10 23 Regular e Cl'u.miaal EntE.'tp'tiu'~1 Dna. 425 ..con~wood- OlJi~do ~oa.d <:P01.t Of~c~ !Box 292 'Wintn ~/nin~1., 9lotida. 32707 (305J 327-1545 (305J 327-'3'5 I I d !n!rL/ ....' ',' ',.'>~:'U-~ " '~>,.. :~~ " ',,' ~ CJIY of WINTER SPRINGS em MAfilM.ER r.-tA.('. LDMM . --- l 1.A.4 'tb.(.. ~L-#>>o.{ ~ c{c.. . September 17, 1984 ~~~ ~~ ~ ~~ lojt:!:' .- ......, Mr. Richard Rozansky, City Manager Winter Springs City Hall Winter Springs, Florida 32708 Re: Offer to donate additional lands to City. Dear Mr. Rozansky: As you will recall last year we donated and the City accepted part of a power line easement in order to expand a contiguous City park. It is our understanding the City now is considering purchase of N.O.W. S.C.O. Recently we gave N.O.W.S.C.O. an easement through this pro- perty for their effluent line to Site #16. With this in mind and the possibility of the City using this power line easement for spray irri- gation in an effort to expand plant capacity, we will donate these lands to the City free and clear as before. Incidentally, these lands are high and dry. e Should the City wish to accept our offer, please advise at your ear- liest convenience. Sincerely, r- ------ . /7 A' ~ // , / cIi- ~~~ ,_~ ~,;:l~_ ./ Tom A. Binford, President TAB:bb . (. . . . "( 1 i _ 1-1 :.-A/y V (~ d~~~ SILVIA MORELL ALDERMAN EDMUND T. BAXA..JR. PAUL H. BOWEN .JEANELLE G. BRONSON PAUL .... BRYAN DWIGHT I. COOL GAACE ANNE GLAVIN EDWARD E. HADDOCK,.JR. ALLAN .J. KATZ CHRISTOPHER K. KAY "'RANK C.KRUPPENBACHER EDWARD L. KUTTER THOMAS F. LANG PETE R G. LATHAM PATRICIA RETHWILL MUELLER RICHARD R. SWANN THOMAS R. TEDCASTLE MARTIN B. UNGER DAVID A.WEBSTER .JAMES G. WILLARD 9I-,~,. ftJ~ . ~-. IN ORLANDO: SUITE 1100 1315 WEST CENTRAL BOULEVARD POST OF...ICE BOX e~o ORLANDO, ...LORIDA 32e02-0S~0 (3015) ~215'3838 ~p,u/~J~ REPLY TO; ORLANDO IN TALLAHASSEE: SUITE eeo BARNETT BANK BUILDING 3115 SOUTH CALHOUN STREET TALLAHASSEE, FLORIDA 32301 (804) 224.9634 October 22, 1984 PERVIE Po SWANN, RETIRED OF COUNSEL: PATRICK F. MARONEY DAVID C. LATHAM rtr. Richard R. Rozansky City Hanager 400 North Edgemon Avenue Winter Springs, Florida 32708 RE: Municipal Facilities Complex Dear Dick: I have reviewed the contract agreement concerning the above referenced complex. I find that the contract is le- gally sufficient subject to the two following items: 1. Paragraph 2.2.7, of the general condition indicates that the architect is the interpreter of the requirements of the contract document and will also be arbitrator in any dis- putes. I do not believe that this is legally sufficient and should be struck. Therefore, I recommend that we strike para- graph 2.2.7, 2.2.9, 2.2.10, 2.2.11, 2.2.12, 2.2.19, 7.9.1, 7.9.2, 7.9.3, 3.3.1, that portion of 11.3.7, dealing with arbitration, and that'portion of 11.3.8, dealing with arbitration. 2. In addition article 14, deals with the termination of the contract. Article 14, should be struck in its entirety and Article 14, which is attached hereto, placed in its stead. Should you have any questions concerning the above, please do not hesitate to call me. FCK:lj pnrl ()Cmn" (1) e . . }, ARTICLE 14 - TERMINATION (a) The OWNER may, by written notice to the ARCHITECT, terminate this Agreement or any Work Order issued, hereunder, in whole or in part, at any time, either for the OWNER'S convenience or because of the failure of the ARCHITECT to fulfill his Agree- ment obligations. Upon receipt of such notice, the ARCHITECT shall: (1) immediately discontinue all services affected (unless the notice directs otherwise): and (2) deliver to the OWNER all data, drawings, specifi- cations, reports, estimates, summaries, and such other in- formation and materials as may have been accumulated by the ARCHITECT in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of the OWNER, the ARCHITECT shall be paid its compensation for services performed to the date of termination. (c) If the termination is due to the failure of the ARCHITECT to fulfill his Agreement obligations, the OWNER, may take over the Work and prosecute the same to completion by Agreement or otherwise. In such case, the ARCHITECT shall be liable to the OWNER for reasonable additional costs occasioned to the OWNER thereby. The ARCHITECT shall not be liable for such additional costs if the failure to perform the Agreement arises out of causes beyond the control and without the fault or negligence of the ARCHITECT. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the OWNER in either its soverign or contractural capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather: but, in every case, the failure to perform must be beyond the control and without the fault or negligence of the ARCHITECT. (d) If, after notice of termination for failure to fulfill Agreement obligations, it is determined that the ARCHITECT had not so failed, the termination shall be deemed to have been effected for the convenience of the OWNER. In such event, adjustment in the Agreement price shall be made as provided in paragraph (b) of this Section. (e) The rights and remedies of the OWNER provided in this clause are in addi tion to any other rights and remedies provided by law or under this Agreement. 32l4PHB-l ;..- '. \ .. . .HID ii ,~ '.' I DONALD R. HAMPTON. A.IA. GORDON V. MONDAY. A.IA. HAMPTON, MONDAY &. ASSOCIATES, P.A. ARCHITECTS & PLANNERS September 28, 1984 ~ Mr. Richard R. Rozansky City Manager City of Winter Springs 400 N. Edgemon Avenue Winter Springs, FL 32708 Re: Municipal Facilities Complex Dear Dick; I have reviewed the bids and find them to be in order. I recommend that the City enter into a contract for construction with the low bidder, Le Cesse Construction Company of Florida. Awaiting contract signing I remain, Sincerely yours, I ~~~m:UWta@ OCT 1 1984 ~l ) CITY of WINllR SPRINGS ~J =--., ~~' ~Yri GORDON V.MONDAY 'F1 rr Mil A/tfUfC :YWh :JlI: F{I/ 1460 WEST FAIRBANKS AVENUE · WINTER PARK, FLORIDA 32789 . PHONE (305J 644-2606 .urn e tit /b/~ J 81 DONALD R. HAMPTON. A.I.A. GORDON V. MONDAY, A.I.A. HAMPTON, MONDAY & ASSOCIATES, P.A. ARCHITECTS & PLANNERS October 23, 1984 ~~ V\o\~t) Mr. Richard R. Rozansky City Manager City of Winter Springs 400 North Edgemon Avenue Winter Springs, FL 32708 Re: Municipal Facilities Complex Dear Dick; Regarding Mr. Kruppenbacher's comments about the contract: 1. Paragraph 2.2.7 and its allied references should stay in the Contract intact, who better than the Architect to interpret the plans and specifications. The Architect is trained, experienced and is totally involved in the project, and better able to make fair and equitable judge~ent calls. If this Provision is deleted and problems come up, there could be construction delays, litigation involvement and considerable legal expenses. 2. Article 14 should also be left intact. What is being offered as a substitute is various and sundry ways to fire the Architect. Sincerely, n-~- ,~. . ........ .- I '~>) -~-" ~ DONALD R. HAMPTON Architect 1460 WEST FAIRBANKS AVENUE · WINTER PARK. FLORIDA 327B9 · PHONE [305] 644-2606 , I / :', '2yeo J '1",/ 1)/ ) . . ~ . CITY OF WINTER SPRINGS, PLORlDA 400 NORTH EDGEMON AVENUE WINTER SPRINGS. FLORIDA 32708 T~ (305) 327.1800 Oct. 23, 1984 To: City Manager; ~ ~ City Commission & Mayor ~ ~ Peter Cowell, City Planner From: Re: City Commission Meeting 10/23/84 Agenda Items e 1. Ashley Square - Richard Hillebrand and his agent Gi1 Yingling went before the P&Z Board on Oct. 10 and were granted their request to change 17.5 acres of the D. R. Mitchell's Survey of the Moses E. Levy Grant, Plat Book 1, Page 5. The request will change the 17.5 acres from Rl-AA to R U so that the site may be used as a percolation pond. The use is valid in that the property is adjacent to Site 16 presently operated by Winter Springs Water & Sewer. The site should contain 100,000 GPD. And will be dedicated to the City of Winter Springs upon construction. 2. David Joyce Annexation - Mr. Joyce and his brothers and sisters collectively own a 10.5 acre/site on Lot 23 and part of Lot 24 of the D. R. / , Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5. Contingent upon annexation, the owners want the zoning changed from A-1 to C-2, a use keeping with the City's growth management policy. On Oct. 16, 1984 the City Manager sent a letter to the Seminole County Commission asking that the 2 year rule on zone changes of annexed lands be waived. To date the Seminole County Commission has yet to respond. The annexation was approved both by Staff and the P&Z Board. Due to the length of time annexation takes, it is recommended that the City Commission proceed with the same and should the County Commission not waive the 2 year rule for a change in zoning, that the City can then give the property a conditional use until such time as the zoning can be attained. 3. Doug's Unit 1 - is a 5.06 acre site off Moss Road. Owner, Mr. Joe Abrams is proposing a 56 unit development on the property. He had approval of his final development plan by the City Commission Feb. 28, 1984. Three final conditions have been ordered by Mr. Hassler, the Director of Public Works prior to the issuance of any building permits: 1. Retention area "B" with interconnecting pipE' to retention area "A" must be constructed as part of Uni t fl1. e 2. Both retention area "A" & "B", due to side slopes must be fenced. 3. Items 1 & 2 above must be completed and connected to existing drainage system of Indian Ridge Patio Homes prior to any issuance of C.O.'s. e e e -C I I I To: City Manager; City Commission & Mayor 23, 1984 2 4 . Oct. Page As of this memo the final engineering has yet to be approved by the Staff and if it has not by 5:00 p. m. 10/23/84, it will be pulled from the agenda. 4. Chemical Enterprises, Donation of land - Tom Binford wants to donate to the City of Winter Springs a section of a power line easement between Murphy Road and North Edgemon Avenue. This land could be utilized as either a park or as an additional spray field for Winter Springs Water and Sewer. Unfortunately some of the easement has been sold to individual homeowners over the years by Florida Land Development Company. Actual acreage and ownership will be difficult to access. <. '..t / / ~rre..rhft"" ~ - e / r , I/! (-.. i ' October 10, 1984 Mr. Richard Rosansky City Manager City Hall 400 North Edgemon Avenue Winter Springs, Florida 32708 Dear Mr. Rosansky: Pursuant to our recent discussion, I wish to request permission for Imara Construction Company to retain its' construction trailer at the current site in Woodstream until construction begins at Fairways Club Condominiums or Woodstream. I 0 )~3't4 2699 lee Road, Suite 100 Winter Park, Florida 32789 The staff of Imara Construction Company is presently preparing a final site plan for submission to your staff within the next several weeks regarding Woodstream. Sincerely, ~NSTR~CTION COMPANY /, iY. fL ',-, ;'" /~:;.~.::.. ~ Terry ice Development Manager TDR:dem /tc (1 f/7 ~~~l! l!,' '; - ~." r-;-- . " ." ~! . r fMt ~ i:~,: ", . 1,-- II ) / (~ Y- /J.:~ Ie;' /C(./ /,': (' /- j!. ?:c/ ( , __ L( (,._ v I , : /' / I A (~'., l // fit, ' ,J :"{ ~ l ~', " , I / ,.t-'l - ') ~. l ,~ ...,. _ i___{_ I ( / - ( 'e . t 1,. '. ..' ( ~l I' I ( (. ( '. (~i ~ t.. ({. T 17,: t2>J ,.(/ ? ';1 (" Uv...<.. t ) ,I /, . r 1 t .~)~ (/\ ~ 'r.. ~"J\ ; .1, (i., VI : / ( }/ ft(ji~, \ '.-' rT~jNJ t