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Home My WebLink AboutHold Harmless Agreement - DrainageGENERAL DEVELOPMENT CORPORATION June 12, 1969 Mr. A. T. Jordan City Clerk City of Sebastian Sebastian, Florida Dear Mr. Jordan: Thank you for the copies of the May 28, 1969 resolutions evidencing acceptance of certain streets within the City of Sebastian. On behalf of General Development Corporation, please accept and extend to the City Council our sincere appreciation for the outstanding spirit of cooperation with which this matter was handled by the City. Mr. Beach of our Company will be working up some figures relative to the reduction of the bonds and is also preparing a report on the percentages of lots deeded in each of the subdivision units. We will furnish both to you when they are available. In connection with the City's request for information on the current status of the proposed agreement between the Company and the Sebastian River Drainage District, my file reveals that by letter to City Attorney Vocelle dated December 8, 1967, I transmitted to him,with copies to both yourself and Mr. Lloyd, the fully executed HOLD HARMLESS AGREEMENT in favor of the City from General Development Corporation. You will recall the said agreement was to afford protection to the City and allow the Company time within which to arrive at a suitable agreement regarding drainage with the District. EXECUTIVE OFFICES • 2828 CORAL WAY • MIAMI, FLORIDA 33145 • TELEPHONE 444-8371 } Mr. A. T. Jordan June 12, 1969 Page 2 Negotiations on such an agreement have been under way for well over a year now and we hope will be concluded before long. I am enclosing for your information copies of the proposed agreement and Mr. Krassner's latest letter to the District Attorney. Be assured when an agreement has been finalized and executed on behalf of both parties, a copy thereof will be furnished to you. I hope you are enjoying the best of health and look forward to the occasion of our next visit. Sincerely, 41 ROBERT L. SEELEY Assistant Secretary and Corporate Counsel RLS : ps enclosure cc: F. E. Roach O. R. McJunkins J. H. Beach E S 0 L U T 1 0 N SE IT RESOLVED BY THE CxTy or S AST m, rL0Tt1DA, SY AM -D THROUGH ITS CITY COUNCIL: 1. The fall ing streetB (only) are hereby accepted by the City of Sebastian: WMASTIATg ICS. "S tl"" i (as recorded in Plat irk 5, pagers 14 and 15) All streets SB IAN HI( MAIM S UNIT 2 (as recorded in Mat Books 5, pages 34 through 37 ) Agnos street B"ger street Barber Street fret Veoelle Avenue to Lot Line 48 a 440 Block 104 Batty Avemm Brack Strom Collins Street Dempsey Avenue Dot Circle D rowdy Way r1lingsea Ague r1rVin Street plowing Street free Lake Drive to vo"lle Avonnit (oxeluoAq bridge) shrink S.vamme tnh Way Gay Avouse Geld Street Graeae Street Jar street joy street Kroeg l Avenue Lae Drive frox r1arzing Street to Vli brow Drive Lawson Street tay port Drive mi+ b"i Street Peterrs= Street from Ellingson Avemme to Wimbrow Drive Ray Street Saunders Street Seder Street Sloane Strutt Spire Avenue Taylor Avenue Vickers Street vbco 2e Avenue from Barber Street to rellemre Sighxay Wallis Avenue e iarr+en Street from Lake Drive to Spire Avenue � mbraw Drive frit Spire Avenue to P'ellare Highway S BASTIA VIONLANDS ;SIT 7 (as recorded in Pleat ]mak 6, page 6) All street: (excluding park) 5 "MT'. FIGHLANDS UNIT 8 tae recorded in Plat Boob. 6, pages 9 through 14) Barber Street S ' ASTIAX nIGULANDS UNIT 3 tars recorded in 'flat 3001 6, Pages 36 and 3CA) ile"y Drive Concord Avenue Dolores Street Essex Lane Gilbert Street C,il n Avenue Lance Street from Gilson Avenue: to Gilbert Street manly Avenue Schumann Drive L. B. VOCELLE • ATTORNEY AT LAW • 2140 JOTR AVENUE • VERO BEACH, FLORIDA SEBASTIAN HIGHLANDS UTNIT 10 (as recorded in Plat Book 6, pages 37 and 37-A through 37-0) Barber Street SEBASTIAN HIGHLANDS UNIT 11 (as recorded in Plat Book 7, pages 56 and 56-A through 56-L) Barber Street BE IT FURTHER RESOLVED as follows: 2. The proportionate reduction of the bond, or bonds, indemnifying the City of Sebastian, will be done by subsequent resolution, according to the money spent for streets. 3. The Tax Assessor of the City of Sebastian is hereby directed to assess the fair market value of all lots abutting the paved streets set out above, and to assess the fair market value of every lot in any one unit when sixty (60%) per cent of the lots in such unit are sold and/or the title thereto transferred. The City Tax Assessor is further directed to request that General Development Corporation keep the city in- formed as to the percentage of lots sold in any one unit. THIS RESOLUTION was duly adopted by the City Council of the City of Sebastian, Florida, this 2W day of - 2 - r L. B. VOCELLE - ATTORNEY AT LAW - 2140 10TH AVENUE - VERO BEACH, FLORIDA ' 7& 7 HOLD HARMLESS AGREEMENT THIS AGREEMENT, entered into this day of , 1967, by and between CITY OF SEBASTIAN, FLORIDA, a municipal corporation, and GENERAL DEVELOPMENT CORPOR- ATIOli, a Delaware corporation. W I T N E S S E T H: 1. The CITY OF SEBASTIAN accepts the Plat of SEBASTIAN HIGHLANDS UNIT 13, Located in Section 23 and 26, Town- ship 31 South, Range 38 East, City of Sebastian, Indian River County, Florida, presented by GENERAL DEVELOPMENT CORPORATION on October 9, 1967. 2. The acceptance of said Plat is based on the condition that GENERAL DEVELOPMENT CORPORATION has commenced and will continue to pursue with reasonable diligence its effort to obtain consent, approval and acquiescence of the SEBASTIAN RIVER DRAINAGE DISTRICT for the drainage design of said lands according to GENERAL DEVELOPMENT CORPORATION'S drainage development plans. 3. GENERAL DEVELOPMENT CORPORATION hereby agrees to save the CITY OF SEBASTIAN HARMLESS from any and all claims, suits, damages, etc. made by or on behalf of the SEBASTIAN RIVER DRAINAGE DISTRICT by reason of or as the result of improper drainage design or improvement in the aforesaid SEBASTIAN HIGHLANDS UNIT 13. This agreement of GENERAL DEVELOPMENT CORPORATION shall include, but not be limited to, the proper defense of litigation brought against the CITY OF SEBASTIAN and the payment of all defense costs, costs of appeal, attorney's fees and damages which may result from any such suit by or on behalf of the said SEBASTIAN RIVER DRAINAGE DISTRICT. 4. In the event the GENERAL DEVELOPMENT CORPORATION is unable to obtain consent, approval and acquiescence of the - 1 - L. B. VOCELLE • ATTORNEY AT LAW • 2140 10- AVENUE • VERO BEACH, FLORIDA SEBASTIAN RIVER DRAINAGE DISTRICT for the drainage design of said lands within a period of five (5) years, then and in that event the GENERAL DEVELOPMENT CORPORATION shall be responsible, at its expense, including engineering expenses, to provide adequate drainage for the Unit #13 as described in Paragraph 1 and GENERAL DEVELOPMENT CORPORATION agrees to provide said drainage in accord- ance with all local and state laws and regulations pertaining thereto and in accordance with accepted engineering standards and practices. THIS AGREEMENT shall remain in full force and effect until the CITY OF SEBASTIAN determines that appropriate consent, approval and acquiescence as specified in Paragraph 2 hereof has been obtained and/or the City releases GENERAL DEVELOPMENT CORPORATION. THIS AGREEMENT shall be binding uponGENERAL DEVELOP- MENT CORPORATION, its successors and assigns and shall be binding upon their successors of title. ATTEST: City Clerk ATTEST: CITY OF SEBASTIAN, Florida a municipal corporation By Mayor GENERAL DEVELOPMENT CORPORATION a Delaware corporation By - 2 - L. B. VOCELLE • ATTORNEY AT LAW • 2140 JOT" AVENUE • VERO BEACH, FLORIDA