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HomeMy WebLinkAboutRE Holiday Inn Hotel Sewer Line Route (24)Todd – my comments. Did you want to include a reminder about the uncertainty of a project less than 150 units? Joey, The City currently has secured easements (and there is a sewer line in the easement) from Lift Station No. 6 up to the south side of the Pindziak property. The Homewood Suites Hotel (LBA) currently utilizes this sewer line. LBA is under contract to obtain the Pindziak property. Our intention is to condition the site plan approval of the LBA hotel to require an additional easement across the Pindziak property up to the Port property south of our project. I’ve made some corrections to the map. See below. To your other questions: Do we know when the City will receive the easement across the Pindziak property? No. Will the City provide an indication/no objection in writing to assure the Port about the proposed sewer route? We can provide a letter that the route depicted in green below is the route the City supports. In the event the Pindziak easement isn’t obtained by the City, what are the potential options? Your client is free to obtain other paths to sewer that do not require City easements. Sincerely, <mailto:http://www.cityofcapecanaveral.org/> Launch your connection… <mailto:https://www.facebook.com/CityofCapeCanaveral> <mailto:https://www.instagram.com/cityofcapecanaveral/> <mailto:https://www.linkedin.com/company/city-of-cape-canaveral-the> <mailto:https://twitter.com/CapeCanaveralFL> From: Todd Morley Sent: Tuesday, August 22, 2017 11:51 AM To: David Dickey <D.Dickey@cityofcapecanaveral.org> Subject: RE: Holiday Inn Hotel / Sewer Line Route Dave, Please see draft response to Joey at the Storch Law Firm below. Let me know what you think. Thanks! Todd Joey, The City currently has secured easements (and there is a sewer line in the easement) from Lift Station No. 6 up to the Pindziak property. The Homewood Suites Hotel currently utilizes this sewer line. LBA is under contract to obtain the Pindziak property. Our intention is to condition the site plan approval of the LBA hotel to require an additional easement across the Pindziak property up to the Port property south of our project. I’ve made some corrections to the map. See below. To your other questions: Do we know when the City will receive the easement across the Pindziak property? No. Will the City provide an indication/no objection in writing to assure the Port about the proposed sewer route? We can provide a letter that the route depicted in green below is the route the City supports. In the event the Pindziak easement isn’t obtained by the City, what are the potential options? Your client is free to obtain other paths to sewer that do not require City easements. Sincerely, Todd <http://www.cityofcapecanaveral.org/> Launch your connection… <https://www.facebook.com/CityofCapeCanaveral> <https://www.instagram.com/cityofcapecanaveral/> <https://www.linkedin.com/company/city-of-cape-canaveral-the> <https://twitter.com/CapeCanaveralFL> From: joey@storchlawfirm.com <mailto:joey@storchlawfirm.com> [mailto:joey@storchlawfirm.com] Sent: Thursday, August 17, 2017 3:52 PM To: Todd Morley <T.Morley@cityofcapecanaveral.org <mailto:T.Morley@cityofcapecanaveral.org> > Cc: glenn@storchlawfirm.com <mailto:glenn@storchlawfirm.com> ; David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Subject: RE: Holiday Inn Hotel / Sewer Line Route Todd Thanks again for speaking to me yesterday. I appreciate that both you and David want to work with us to get our client’s project up and running. That being said, I ran our discussion and the proposed route by our client and engineers, and I believe they are on board for making the Lift Station No. 6 (Imperial Dr.) route a reality. If I understood you correctly yesterday, the City currently has secured easements from Lift Station No. 6 up to the Pindziak property and will be obtaining an additional easement across the Pindziak property up to the Port property south of our project. The attached map is my best attempt at trying to depict the situation. Please feel free to correct me if something I wrote is not correct. Also, I foresee a couple of potential issues that we probably need to discuss. First, do you know when the City will receive the easement across the Pindziak property? As you can image, our client is under a lot of pressure to show Holiday Inn progress with the project. Any certainty you can provide would be appreciated. Second, will the City give us an indication/no objection in writing to assure the Port about the proposed sewer route? Getting something in writing will allow us to finalize our agreement with the Port. Obviously the route will have contingencies and the Port doesn’t expect an outright approval but I’m sure they want to avoid surprises. Third, in the event the Pindziak easement isn’t obtained by the City, what are the potential options? I would think that the RaceTrac route is the logical second choice, and as I mentioned over the phone, our client is willing to construct, absorb the cost of construction and dedicate the route to the City. Your thoughts are welcome and I’m happy to discuss further. Thanks again Joey A. Joseph Posey, Esquire Glenn D. Storch, P.A. 420 S. Nova Road Daytona Beach, FL 32114 Phone: 386-238-8383 Fax: 386-238-0988 joey@storchlawfirm.com <mailto:joey@storchlawfirm.com> From: joey@storchlawfirm.com <mailto:joey@storchlawfirm.com> Sent: Tuesday, August 15, 2017 4:20 PM To: 'T.Morley@cityofcapecanaveral.org' <T.Morley@cityofcapecanaveral.org <mailto:T.Morley@cityofcapecanaveral.org> > Cc: Glenn D. Storch (glenn@storchlawfirm.com <mailto:glenn@storchlawfirm.com> ) <glenn@storchlawfirm.com <mailto:glenn@storchlawfirm.com> > Subject: Holiday Inn Hotel / Sewer Line Route Todd My name is Joey Posey and I’m one of the attorneys at Glenn Storch’s office in Daytona Beach. I believe Glenn met with you and the other Cape folks a while back to discuss the Holiday Inn development. I thought everyone was on the same page until I received a forwarded email today from Laila Witwicky regarding the Cape’s position on the sewer line for the project. I was hoping to discuss the issues you mentioned since I think there was some confusion about what the Port Authority wanted in terms of assurance. I tried to leave a message on your voicemail but the machine cut me off while I was explaining why I called. Anyways, we want to work with you guys so please let me know a good time to chat. Thanks Joey A. Joseph Posey, Esquire Glenn D. Storch, P.A. 420 S. Nova Road Daytona Beach, FL 32114 Phone: 386-238-8383 Fax: 386-238-0988 joey@storchlawfirm.com <mailto:joey@storchlawfirm.com> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. 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