HomeMy WebLinkAboutRE Holiday Inn - SanitaryDavid;
Thank you for your response.
As you know FDOT does not allow any private line within their r/w. That
is why we agreed early on to have the City be the owner and FDOT staff
was clear on this issue at the pre-app meeting. We were discussing the
maintenance agreement with the City back in February of 2017 over a year
ago. I do not want to speak on Laila’s behalf with respect to the
maintenance agreement but I would ask what assurances would satisfy the
City from future liability as the owner of the force main. If you have
standard conditions that are acceptable to the City it would be good to
share so they can be a starting point of discussion if this is the route
to pursue.
David; on the other hand, I still do not know why the City cannot
require a public sewer easement on the LBA property to be effective
immediately not in three years. We run into this type of request from
different municipalities all the time. They request r/w dedication,
drainage easement, utility easement dedication and they make it a
requirement for approval if they deem this request to be in the public
interest. We are basically landlocked when it comes to sewer , unless
we build a long main along A1A which would be very expensive and from
your email it would not be the City’s preferred route. There is an
opportunity for the City to resolve this issue by requiring a public
easement along the LBA property to be effective now so the City would
end up with the sanitary system it likes to see built (Gravity system as
you indicated in your previous email). I would appreciate a response
to this item so at least we know what is preventing the City from making
such requirement and justify a major expense on my client’s end to
construct a 1,600 foot long force main to the RaceTrac gas station along
A1A.
I believe a meeting would be beneficial to resolve this matter.
Please let us know if you can meet next week.
Regards
Jean Abi-Aoun, P.E., Vice President, LEED® AP
5127 S. Orange Avenue, Suite 200
Orlando, Florida 32809
Phone: (407) 895-0324
Fax: (407) 895-0325
Email:jabiaoun@feg-inc.us <mailto:fjabiaoun@feg-inc.us>
Web: http://www.feg-inc.us <mailto:fjabiaoun@feg-inc.us>
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<mailto:fjabiaoun@feg-inc.us>
From: David Dickey <D.Dickey@cityofcapecanaveral.org>
Sent: Friday, March 16, 2018 4:59 PM
To: lwitwicky danielcorporation.com <lwitwicky@danielcorporation.com>;
Jean Abi-Aoun <JAbiAoun@feg-inc.us>
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>
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/>
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