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Saxon Woods Pond Repair
Attachment NameAttachment SizeAttachment Date
Size: 402K
Last Updated: 2014/5/15
Size: 126K
Last Updated: 2014/5/15
Size: 40K
Last Updated: 2014/5/15
Mayor and City Council
City Manager
May 16, 2014
City Council Workshop

Saxon Woods Stormwater Pond RA7

A brief history ; the pond berm has breached twice, once in 2004 and again in 2008. The breech caused extensive damage to the DeBary Villas and exacerbated the flooding in 2008 in the Pine Valley Court area. The City took emergency steps to respond to the damage and make repairs. The City expended $83,152.50, in engineering pumping, surveying and construction cost to make emergency repairs to the berm.

After lengthy negotiations on a settlement agreement the insurance company for Saxon Woods agreed to pay approximately $49,000 to settle the matter. Subsequently the attorney for Saxon Woods attempted to add language to the settlement agreement; that the act of signing did not discharge the city for any HOA liability or shared responsibility for the berm breach and repairs. In addition the HOA demanded as a condition that the insurance proceeds be used to repair the berm.The City attorney advised that such language in a settlement agreement was inappropriate and if the city signed off on the language would subject the city to future liability.
The city refused to include the language in the settlement agreement and the Saxon Woods HOA refused to authorize the payment from the insurance company. As a result the city was not reimbursed for any of its cost for the emergency actions it took in response to the berm breach.

Our last meeting with the HOA was in August 2013. The meeting included representatives of the SJRWMD. The attorney for the HOA requested cost participation from the City and the design engineers. The HOA Attorney contends the berm was not constructed in accordance with the construction plans and the defective construction was inspected and accepted by Volusia County working under contract for the City.

In an attempt to get the project moving and hopefully completed prior to the upcoming Hurricane season David Hamstra prepared a plan to install a sheet pile. The plan was submitted to the HOA last September.  Fender Marine Construction submitted a proposal last December to the HOA to complete the work in the amount of $39,842. There has been little communication with the Saxon Woods HOA since and as result the Notice to Repair Letter sent.  As a result of the Notice to Repair the berm the attorney for the Saxon Woods HOA had requested a meeting to negotiate the city’s and other parties contribution to the project.

The stormwater pond is privately owned by the Saxon Woods HOA and is located inside a gated community with private streets. Due to the private ownership I have no authority to negotiate a cost sharing arrangement. Dan Langley has communicated this to Mr. Reischmann as a result Mr. Reischmann submitted a proposal that the Saxon Woods HOA pay 1/3, the city pay 1/3 and other parties pay 1/3 of the cost to repair the pond.

It is doubtful the SJRWMD will intervene or participate in the cost of repairs to the berm.

Hurricane season is rapidly approaching and repairs to the berm are urgently needed. Should the Council decide the responsibility for repairs to the private stormwater system rests solely withe Saxon Woods HOA the city should move qucikly to effect the repairs through special assessment. Should the Council decide on participating in the cost of repairs it will need to consider and determine the amount it is willing to participate.

City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
Phone: (386) 668-2040  Fax: (386) 668-4122