HomeMy WebLinkAboutProposed Road Acceptance AgreementApril 15, 1976
Mr. Wayne L. Allen
Vice President
General Development Corporation
1111 South Bayshore Drive
Miami, Florida 33131
Re: Agreement, City of Sebastian/GDC
Dear Mr. Allen:
Pursuant to your request, I am forwarding herewith a copy
of the proposed Agreement between the City of Sebastian
and General Development Corporation.
Sincerely yours,
L. B. Vocelle
LBV:ecp
Encl
cc: City of Sebastian
General Development Corporation
E!7
Honorable F. Eugene Cragg
644 S.W. Dempsey Avenue
Sebastian, Florida 32958
Dear Mayor Cragg,
Wayne L. Allen
Vice President and
Assistant General Counsel
May 24, 1976
Re: Road Acceptance Agreement
In view of the action taken by the City Council at
its meeting on May 19, 1976 we have determined to reas-
sess whether or not it is advisable to go forward with
negotiations with the City on the subject agreement.
Whether or not we determine to proceed, I will be in
touch with you further in approximately two (2) weeks
regarding the posture we will take in this matter. We
appear to have two (2) options at the present, one is
to continue the negotiations which have been under way
for over a year and a half and the other is to take a
firm legal position that. we have completed all roads in
accordance with the City's subdivision regulations, we
have maintained them for a period of time in excess of
any City requirements and therefore have no further ob-
ligation to the City for roads previously constructed.
This latter position is supported by the fact that roads
in the City of Sebastian were submitted to the City for
acceptance as early as 1965, and no response was made by
the City.
Sincerely,
WAYNE L. ALLEN
WLA:bc
cc: L.B. Vocelle
cc: Bill Bevan
C.C. Crump
Dave Doheny
1111 South Bayshore Drive, Miami, Florida 33131 Telephone 305 350 1231
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..........................
Sun., May 2, 1976, Vero Beach, Fla., PRESS -JOURNAL 11D
PUBLIC NOTICE
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the City of
Sebastian, Florida, will propose the adoption of
a resolution ratifying and adopting an
agreement between the City of Sebastian and
General Development Corporation accepting
roads and drainage facilities and providing for
maintenance of Sebastian Highlands Units 2-6
and B-15, according to plats recorded in the
official records of Indian River County,
Florida, at a special meeting of the City
Council at the Sebastian City Hall at 7:30
o'clock P.M. on Wednesday, May 19, 1976.
The place within the municipality where the
said proposed resolution and agreement may
be inspected by the public is the City Hall of
Sebastian, Florida.
All interested parties may appear at the
meeting and be heard with respect to the
proposed resolution and agreement.
Florence L. Phelan
City Clerk
Sebastian, Florida
May 2, 1976.
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the City of
Sebastian, Florida, will propose the enactment
of the following ordinance entitled:
An Ordinance amending Chapter 22,
subdivisions, of the Code of Ordinances of
the City of Sebastian, Florida, and
establishing an effective date
at a special meeting of the City Council at the
Sebastian City Hall at 7:30 o'clock P.M. on
Wednesday, May 19, 1976.
The place within the municipality where the
said proposed ordinance may be inspected by
the public is the City Hall of Sebastian, Florida.
All interested parties may appear at the
meeting and be heard with respect to the
proposed ordinance.
Florence L. Phelan
City Clerk
Sebastian, Florida
May 2, 1976.
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of &->/" JT,, L /✓.( i(.�, 7�i ��
in the
lished in said newspaper in the issues of fLU
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.. ,y
Sworn to and subscribed before me thi y of �i/_ A.Dlei ii
._
/ •
(Business Manager)
-- 7
4_� _ate `7'._ e Y z
(SEAL) (Clerk of tie Circuit Court, Indian River County, Florida)
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the City of
Sebastian, Florida, will propose the adoption of
a resolution ratifying and adopting an
agreement between the City of Sebastian and
General Development Corporation accepting
roads and drainage facilities and providing for
maintenance of Sebastian Highlands Units 2.6
and 8-15, according to plats recorded in the
official records of Indian River County,
Florida, at a special meeting of the City
Council at the Sebastian City Hall at 7:30
o'clock P.M. on Wednesday, May 19, 1976.
The place within the municipality where the
said proposed resolution and agreement may
be Inspected by the public Is the City Hall of
Sebastian, Florida.
All Interested parties may appear at the
meeting and be heard with respect to the
proposed resolution and agreement.
Florence L. Phelan
City Clerk
Sebastian, Florida
May 2, 1976.
MAY 11 1976
0
PLUM IOMM ATTR MPY CIP AGFMYEW FM TtE
MY 19 MtFrrNG WTM WC.
Florence Pnelam, "."ity Clerk
L Ln
Z.e
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A G R I F M I: 11 `.P
THIS AG1:I;1?MENIV, made and ontored into this
day of , 1976, by and between GENERAL DEVELOP-
MENT CORPORATION (hereinafter called "General"), a Delaware
corporation authorized to do business in the State of Florida,
and THE CITY OF SEBASTIAN (hereinafter called "City"), a
111111 ici.p,al:i t:y under the laws ;of ;tho State of Florida;
11 1 T N E f, S E' T II
WHEREAS, General_ has recorded in the Official
Records of Indian River County, plats subdividing lands within
the City, and
WHEREAS, General has posted corporate performance bonds
and/or surety bonds as security for the construction of roads and
drainage facilities as shown on said Flats, and
IV11FR1]AS, General. 'h(is completed construction, or will
c oniplele in accordance with tl'his Aclreement, roads and drainage
facilities as shown on said plats, and
WHEREAS, said roads and drainage facilities must be.
constructed in accordance with the ordinances in effect at the
tinge of: ;.acceptance, by the City, of the plats which wore duly re -
I
c1cia:di,ci ley Coil orral, and
WIEEREAS, Gcnera.l.,having completed construction of all
roads and drrain<-agc Faci.liti.cq A -n the recorded plat: of. Sebastian
Highlands Units 2 - 6 and 8 - 15, as recorded in the Official
Records of Indian River County, which were not previously accepted
by the City of Sebastian andhaving an obligation to complete the
I
road:; and dr<ainade f.,-acilitie� in Units 16 and 17, and
NIIERI?AS, Genera's oblicicat.i.on is to,have completed con-
sti'uct i.on of said roads and drain<aclu ,facilities in accordance with
t:hc rcclaa.i rcmen is of the, o d.i.nauacc.:> or the City in <: f f.'ect ,tat the
date of acceptance by the City of the plats;
THEREFORE, tit parties do hereby agree as follows:,•
i
1. To comply with such requirements as may be
r�,klu i rc(I Lo l)r i nk.1 t:he s Lreets to i, stclndard in comp iance:
th tho or�li.nances of the City under which the streets were
constructed, General shall undertake special maintenance of
all roads and drainage facilities in the aforesaid plats on a
phased basis, including but not limited to:
(a) Repairing any existing visible road
base failure.
(h) l),egi-eid.i n<J as noco.m ary Lo
provicic' ,ldrelrlilt:o dr.allia(p'.
(c) Cleaning out all drainage ditches.
(d) Cutting all grass in the swales
and drainage ditches.
(e) Eradicating all weeds in the road
surfaces.
(f) Repairing all surface defects.
(It is recognized that a cracking
pattern is a characteristic always
found in the surface of soil cement
road construction and is not a de-
f ect.
efeet.
2. The phases
to which
this Agreement
applies are
as follows:
i
Phase 1 -
Sebastian
Highlands Units
2,3,4,5'6"3
Phase 2 -Sebastian
Highlands Units
9,10,11,12&13
Phase 3 -
Sebastian
Highlands I7nit 5
1,4,15;16&17
t . Tho C. i l:Y W i 11 inspocat a I 1 roads on a
unit ba.,i:; �)Y Phlsc`s, comp.LeLinq :such :inspection w.it:hin ninety (9 0)
days. The City Engineer may make such g' inspections as he may
deem necessary. The City retains the option to review prior testing
reports made by any testing laboratories, and if said reports are
in the possession of General, General agrees to make said reports
readily ay.1:i '1}.�lc' to tho City. 1111o City may retain, at its oh -
1 'i un, 1 (In'l i 1 1, i o l L;thnro Lary lo mill( t:.a illi Tlli.ly bO I-0-
(pl i I ('d 1111dol Lha` d i 1 c`c'.l-:i cin c1f tho C i i y dile! Lica Ci Ly wi .1.1,
direct. the testing labo-ratory to furnish copies of all their re
Torts to General. The City Engineer will advise General, in
�..riting, of.the maintenance requirements for each unit as the
i II:,pi:ct 1011 i s c•r>mpl(�Led, Iicce:;sI-II.y to comply with the standards
contained in the City ordinances in effect at time of plat ac -
C o Y taI-Ice .
General will be urged to accompany the City En-
�;.i.Iic c r on said inspections, and the City Engineer will notify
C.Qneral wlien said inspecLi.ons will occur.
4. General will complete the work required by this
Agreement un a unit basis and will submit such roads to the City
tor City
4wi.11 within thirty (30) days of
::such submission accept such road5L-as are completed in accordance ��,•
with this Agreement. J�
Upon acceptance by the City of any roads, con-
struction bonds, corporate or surety, shall be immediately re-
leased by appropriate resolution of the City Council. General
shall maintain all roads thus accepted until the dates indicated:
Phase 1 - December 31, 1976, or when the work
is completed, but not earlier than
December 31.; 1976; and three years
-
thereafter;
Phase 2 - December 31, 1977, or when the work is
completed, but not earlier than December
31, 1977; and three years thereafter;
Phase 3 - As 'set forth in Ordinance 179, as amended
and Chapter 22 of the ordinances of the
City,
1114 Lilt, r(,;iI I c,i- ;ill Ciil'I heat. ObJ iiof (jononi1 l)(- gull
and void ,.Incl the City shall assume full responsibil i.L.y for all
rol-ad rind drainage maintenance.
6. General specifically acknowledges and agrees that.
St:b�ts tion I1 i-clltlands Units 14, 13 , 16 and 17 shall bc require'd to
have homes constructed upon ten (10") percent of.*the lots in the
pk-it, Igo. Oro the City will be required to acceptthe neon-
st-l'uctt,d within these plate for maintenance. U1.. -)on completion of
the roads in Units 14, 15, 16 and 17, -General will tender them to
the City for acceptance, and the City will accept them in accor-
?,ince with.the standards and specifications in effect at the time
of accept -ince of the plats by the City, and the City shall re-
lease -by appropriate resolution of the City Council all bonds,
-
,•o rpoY,ite car :.surety, then outstanding which guarantee con-
strci.-tion of the roads^. General will continue to maintain
= rcadsin �:nits 14, 15, 16 and 17 until ten (100) percent
of home construction per unit is reached.i./-� A'**
7. The City Council of the City of Sebastian
shall adopt this Agreement by appropriate resolution.
8. General shall complete in addition to the
other requirements of this Agreement, the following additional
conditions which are being imposed by the City as a condition
to this Agreement:
(a) Complete the drainage work commenced
in Phase 1, Unit 2, within sixty (60) days, upon reaching agree-
ment in writing as to, a mutually acceptable means of resolving
the existing drainage problems.
(b) Commencement of dredging in Collier
Creek (between Fellsmere Highway and Grant Avenue) and carrying
forward to completion, subject to required permits.--�j) Ph
(c) Relocation of the pavement at the in
tersection of Sloan Street and Futch Way upon verification by a
licensed surveyor that the street is improperly located.
(d) Seek to resolve with individual prop
crty „wntt fr:c olontl Dr,twtly W,i},, twon Ihoir rc.quost, any (IispuLo over
the location of a drainage ditch, for which General Development
has legal responsibility therefor.
9. General, by entering into this Agreement.,
hereby acknowledges that it relinquishes and waives all. rights and
protection of any ordinance or regulations of the City which set
a ::hoi•t.er OF t im0 for roqui rcd m;li.nLenance ley t)tc_! dovc:lopur..
to. Durincl t]io th►-r'•' (3) year. pur-.iod,
"e11011l ::hal l- mow ,ill the swale:, in L110 drai nage fac" i litios, re-
pair all holes which might. develop in the pavement of the roads and
shall apply a herbicide to kill all vegetation which would inter-
fere with t1:e proper operation of the drainage facilities or would
cause deterioration of the roads which have been constructed. Upon
-4-
1
noLificat•.:ion by the City, in*writing, of work necessary to
be donc, dui-in(t said three: (3) yu,a.r mi-li.ntunancc, period, General
will ccmply with such notification and do the work within
thirty (30) days. During said three (3) year maintenance
period General will maintain proper bonds to be deposited
with thu City in an amount of $ ��y _per mile, suf-
ficient to undertake the maintenance described in Paragraph 1(a)
through (f) and approvedfby the City Counciho guarantee said
mai uoniiuce by Gener.11 .
11. �e question of all drainage and dams not
covered under this Agreement is reserved for future agreements
without prejudice as to the City's rights.
i
12. Any gross errors relative t�rainage
(d.tVches tz culverts caused by General will be corrected by
General.
13. It is the intent of the parties that the
,.Iforesa id progr;Iln shall be a. continu-ing program between the par-
ties which shall be carried out. in good faith and without undue
delay by either party.
14. It is an express condition of this Agreement
that it shall be legally binding upon the parties and enforce-
r /
i II t -ht, 0l' th(� (;Late ref P ] arida
r
i Ii t c � t I I i :' .
(.1 , : y o (__
EXECUTED on behalf of the City of Sebastian in accordance with
an ordinance passed by majority vote of the City Council at its
mee.tinq on the day of
t,7A]'NE L. ALLEN, V.i ce Presiclent and
!�.,� istant Secretary
General Development Corporation
-YPTEST :
City Clerk
, 197G.
C.C. CRUMP, Sr. 1. C0% 1'resi.dent-
Geric:ra.l Development Corpora Lion
CITY OF SEBASTIAN, FLORIDA
By:
F, r.Uc;I?NS CRZIGG, Mayor