From: To: Cc: Subject: Date: David Hamstra "Dan Langley"; Dan Parrott Kassandra Blissett; "Greg Teague" Saxon Woods HOA/DeBary. Friday, May 09, 2014 10:56:14 AM My two cents is the City has spent plenty on this matter since 2004. City costs have included berm repairs (twice), improvements downstream, grant applications, survey, detailed subsurface investigation, engineering and legal fees to name a few. Given Saxon Woods is composed of 314 homes, the cost per homeowner would be approximately $127 per home. From: Dan Langley [mailto:[email protected]] Sent: Friday, May 09, 2014 9:22 AM To: Dan Parrott Cc: Kassandra Blissett; David Hamstra Subject: FW: Saxon Woods HOA/DeBary. Dan: FYI. Saxon Woods POA is proposing that it only pay 1/3rd of the cost to implement the remedial measures. Daniel W. Langley Fishback Dominick 1947 Lee Road Winter Park, Florida 32789 Telephone: 407-262-8400 E-mail: [email protected] www.fishbacklaw.com From: Melanie Kelly [mailto:[email protected]] Sent: Friday, May 09, 2014 8:56 AM To: Dan Langley Cc: Anita Roberts ([email protected]); Tracy Birch; Kealey West Subject: RE: Saxon Woods HOA/DeBary. Dear Dan: Thanks for your most recent correspondence. The Board of Directors for the Saxon Woods Property Owners Association have met and advise that the Association can contribute 1/3 of the cost of repairs set forth in the previously provided estimate by the contractor. The remaining amount would be provided in some ratio/distribution between the City of DeBary and the engineers and other parties that the Water Management District is working with to be held accountable for the situation in which we all find ourselves. We await confirmation from the District that the work described in the estimate will satisfy the District. And as I have offered before, I am happy to set up a conference call with representatives of the City, the District, and the Association to try to complete this process. Please advise. Sincerely, William E. Reischmann, Jr., Esquire Melanie R. Kelly, Legal Assistant to: William E. Reischmann, Jr., Esquire and Gary M. Glassman, Esquire 111 North Orange Avenue Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 x 106 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net Email: [email protected] Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or timesensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Dan Langley [mailto:[email protected]] Sent: Thursday, May 08, 2014 1:05 PM To: Melanie Kelly Cc: David Hamstra; Dan Parrott; 'Kealey West' Subject: RE: Saxon Woods HOA/DeBary. Bill: The City does not believe that another meeting will be productive. The City Manager is not in a position to negotiate a City contribution towards the construction cost as you are suggesting. There are no budgeted funds allocated for these private stormwater system improvements. If you have a specific proposal for an amount that you are seeking from the City, then please submit a written proposal addressed to the City Manager and copy me. Thank you. Daniel W. Langley Fishback Dominick 1947 Lee Road Winter Park, Florida 32789 Telephone: 407-262-8400 E-mail: [email protected] www.fishbacklaw.com From: Melanie Kelly [mailto:[email protected]] Sent: Tuesday, May 06, 2014 12:02 PM To: Dan Langley; 'Kealey West' Cc: David Hamstra; Anita Roberts ([email protected]); [email protected]; [email protected]; James Coffman; Casey Hardenbrook; Andy Schulz; 'Dan Parrott' Subject: RE: Saxon Woods HOA/DeBary. Dear Dan: Consistent with our phone call late last week, attached please find the estimate provided to the Association by Fender Marine Construction for the berm repairs that all parties agree are necessary and should be completed as soon as possible. Please see my email sent to the City and to the Water Management District on April 17, 2014 in this regard. I have not heard anything from the Water Management District in response to my request that it confirm to us all that these repairs, as set forth in this estimate, would satisfy the Water Management District. Once that confirmation is provided, and once the parties reach an agreement regarding sharing of expenses for this project, it is my understanding that this work can proceed immediately In that regard, I have also not heard from the District regarding the results of its efforts to obtain contributions by the original engineers that designed and approved the berm which is the subject of this on-going effort by our clients. Kealey, any luck? And please confirm that the proposal submitted will satisfy the District. Dan, as I mentioned to you on the phone, my client. given its receipt of the most recent correspondence from the City of DeBary, is concerned that this matter is not moving forward in a manner in which the parties had previously agreed. The Association is ready, willing, and able to complete this matter as soon as the following occur: (1) The District confirms that these proposed repairs are satisfactory; (2) The District and the City agree with the Association on the percentage of the sharing of the costs for this repair. I’m happy to work with the parties to set up another meeting or a conference call to confirm all of this. I believe we are very close to resolution. Thanking you in advance for your assistance. Sincerely, William E. Reischmann, Jr., Esquire Melanie R. Kelly, Legal Assistant to: William E. Reischmann, Jr., Esquire and Gary M. Glassman, Esquire 111 North Orange Avenue Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 x 106 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net Email: [email protected] Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or timesensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Dan Langley [mailto:[email protected]] Sent: Monday, November 25, 2013 3:49 PM To: Melanie Kelly; 'Kealey West' Cc: David Hamstra; Anita Roberts ([email protected]); [email protected]; [email protected]; James Coffman; Casey Hardenbrook; Andy Schulz; 'Dan Parrott' Subject: RE: Saxon Woods HOA/DeBary. Bill: If the HOA is requesting City participation in the cost of repairs, the request will need to be in writing to the City Manager, Dan Parrott. The request will need to contain the actual cost of the project (i.e. contractor’s bid or executed construction contract), who will perform the work, the estimated work schedule and completion date, and the portion the HOA is requesting from the City Council. Once the request and supporting information is received, the City Manager will likely schedule a workshop for City Council discussion. Thanks. Daniel W. Langley Fishback Dominick 1947 Lee Road Winter Park, Florida 32789 Telephone: 407-262-8400 E-mail: [email protected] www.fishbacklaw.com From: Melanie Kelly [mailto:[email protected]] Sent: Monday, November 25, 2013 11:46 AM To: Dan Langley; 'Kealey West' Cc: David Hamstra; Anita Roberts ([email protected]); [email protected]; [email protected]; James Coffman; Casey Hardenbrook; Andy Schulz Subject: Saxon Woods HOA/DeBary. Dear Dan and Kealey: Consistent with our discussion and agreements reached at our last meeting in DeBary (August 14, 2013), Mr. Hamstra prepared Conceptual Design Construction Cost Estimate (Sheet Pile Alternative) for repairs to Retention Pond RA7 (see attached). As the Association represented to the parties at the meeting, the Association is prepared to move forward in a joint effort with the District and the City of DeBary to fund and construct these repairs. Dan, it was my understanding and consistent with my notes from that meeting, that the City would internally discuss its ultimate contribution towards these repairs and, Kealey, it was further my understanding that the District would communicate with the original engineers that prepared the plans for as well as the as-builts for the original design and construction of RA7, for their potential contributions as well. Please let me know if you need anything further from me with regard to these requests. The Association looks forward to working with the District and the City towards the joint funding of this project and its prompt completion. Sincerely, William E. Reischmann, Jr., Esquire Melanie R. Kelly, Legal Assistant to: William E. Reischmann, Jr., Esquire and Gary M. Glassman, Esquire 111 North Orange Avenue Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 x 106 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net Email: [email protected] Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or timesensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you.
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