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Home My WebLink AboutFW Holiday Inn - Sanitary From: Laila Witwicky [mailto:lwitwicky@danielcorporation.com] Sent: Monday, March 19, 2018 10:20 AM To: David Dickey <D.Dickey@cityofcapecanaveral.org> Cc: glenn@storchlawfirm.com; 'Daniel Esden' <desden@danielcorporation.com>; Anthony Garganese <agarganese@orlandolaw.net>; David Greene <D.Greene@cityofcapecanaveral.org>; 'John Pekar' <johnpekarpe@gmail.com>; Todd Morley <T.Morley@cityofcapecanaveral.org>; Jeff Ratliff <J.Ratliff@cityofcapecanaveral.org>; Joshua Surprenant <J.Surprenant@cityofcapecanaveral.org>; Richard Stubbs <rstubbs@danielcorporation.com>; A. Joseph Posey Esquire <joey@storchlawfirm.com>; GCrawford@feg-inc.us; jabiaoun@feg-inc.us Subject: RE: Holiday Inn - Sanitary Good Morning. David, Thank you for your response. However, your statement / assumption is not accurate. I had conversations and correspondence with Todd Morley, regarding a maintenance agreement for the sewer line. Additionally, he also requested a possible bond. I agreed to both. Todd said he would prepare the maintenance agreement, to which never materialized. I offered $500,000.00 to the City for the sewer line, this too was rejected. I agreed to anything that was presented, unfortunately none of which materialized. Please know we were and remain willing to pay for the sewer line installation. A maintenance agreement and provided a bond for maintenance. I did not reject anything that was discussed or requested, perhaps you’re not aware of this. In conclusion, of all the discussions we had, all the preparations we made for the needed sewer line remain stalled. We find ourselves no further then when we started 2 ½ years ago. During all this time, we accepted whatever route was presented, any document that was discussed and or requested, to no avail. Please let us know once again what is it definitively that the City requires of us, in order to proceed with a sewer line to service the Holiday Inn project. Thank you for your time and consideration. Best Regards, Laila Witwicky, President Daniel Corporation 100 E. Faith Terrace Maitland, FL 32751 T: (407) 644.6900 F: (407) 644.1548 From: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Sent: Friday, March 16, 2018 4:59 PM To: lwitwicky danielcorporation.com <lwitwicky@danielcorporation.com <mailto:lwitwicky@danielcorporation.com> >; jabiaoun@feg-inc.us <mailto:jabiaoun@feg-inc.us> Cc: glenn@storchlawfirm.com <mailto:glenn@storchlawfirm.com> ; Daniel Esden <desden@danielcorporation.com <mailto:desden@danielcorporation.com> >; Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; David Greene <D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org> >; John Pekar <johnpekarpe@gmail.com <mailto:johnpekarpe@gmail.com> >; Todd Morley <T.Morley@cityofcapecanaveral.org <mailto:T.Morley@cityofcapecanaveral.org> >; Jeff Ratliff <J.Ratliff@cityofcapecanaveral.org <mailto:J.Ratliff@cityofcapecanaveral.org> >; Joshua Surprenant <J.Surprenant@cityofcapecanaveral.org <mailto:J.Surprenant@cityofcapecanaveral.org> > Subject: Holiday Inn - Sanitary Hi Laila. Thanks to you and Jean for your responses to my email from yesterday regarding the sanitary issue with Holiday Inn. As both of you point out, there are challenges related to the options in my email. However, it should be noted that the City had previously entertained discussions with Daniel Corp. to allow the installation of a pressurized line to serve Holiday Inn. At that time you were not willing/able to provide, to the City’s satisfaction, assurances that the City would be held harmless from future liability. The bottom-line is that the City is not in the position to own and operate a 1600’ private, pressurized sanitary line - going under Astronaut Boulevard - that serves one property. If you can reach an agreement with the FL Department of Transportation for you to install, own and operate this line, we can further discuss. Or if you can provide, to our satisfaction, that the City will not be liable – financially or otherwise – we can discuss. Let me know how you would like to proceed. Dave David Dickey Community Development Director d.dickey@cityofcapecanaveral.org <mailto:d.dickey@cityofcapecanaveral.org> 321-868-1220 Ext 118 321-868-1248 fax 100 Polk Avenue. / P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <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> 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. 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