HomeMy WebLinkAboutDrainage AgreementGENERAL DEVELOPMENT CORPORATION
May 16, 1972
L. B. Vocelle, Esquire
Vocelle, Harris and_Rieders
Attorneys at Law
Post Office Box 488
Vero Beach, Florida 32960
RE: City of Sebastian
Dear Mr. Vocelle:
This will acknowledge your letter of May 12 relative to the
matter of channelization of Sebastian Creek and that agreement
dated December 10, 1970.
In accordance with your request, enclosed is a copy of the
December 10 agreement executed by the Sebastian River Drainage
District and General Development Corporation.
In accordance to comply with Section D of this agreement, we
shall prepare an appropriate resolution that may be used by the
City to provide us the relief requested of the District by the
Corporation.
As soon as it is completed, it shall be transmitted to you.
Sincerely,
GENERAL DEVELOPMENT CORPORATION
FRED VIDZE
Director
t ,Development Coordination
FV:dd
Enclosure
EXECUTIVE OFFICES • 1111 SOUTH BAYSHORE DRIVE • MIAMI, FLORIDA 33131 • TELEPHONE 350-1111
_THIS AGREEMENT entered into by and between SEBASTIAN RIVER
DRAINAGE DISTRICT, a Drainage District organized and existing
--_under the general drainage laws of the State of Florida, whose
address is Wabasso, Florida, hereinafter referred to as District,
and GENERAL DEVELOPMENT CORPORATION, a Delaware corporation
" `authorized to transact business in the State of Florida, whose
address is 1111 South Bayshore Drive, Miami, Florida, hereinafter
---=referred to as General,
r__W I T N E _S S E T H,• That:
--WHEREAS, General is the owner, subdivider and developer of certain
Zlands in the City of Sebastian, Indian River County, Florida; and
WHEREAS,, the natural drainage flow of surface waters from certain
portions of said lands is in a general Westerly direction and
Z_ -.-would empty into a drainage slough lying within an easement owned
and maintained by the District; and
�- WHEREAS, the improvements contemplated by General within its afore-
mentioned lands include certain waterways and drainage rights-of-way
which would accumulate surface waters and evacuate said waters into
the District's drainage slough aforementioned; and
WHEREAS, representatives of General and the District have reached
.=-agreement as to the conditions under which the surface waters re-
ferred to above shall be permitted to be evacuated and discharged
into the drainage facility owned and maintained by the District.
NOW, THEREFORE, in consideration of the premises as well as for
.--other good and valuable considerations each in hand paid to the
--other, receipt of which is mutually acknowledged, the District
_-and_-General agree as follows:
- A. Attached hereto and incorporated herein by reference
_ are_ the following:
- 1. Manila bound folder entitled "Canal Improvement,
Sebastian Creek, from Fellsmere Bridge to Canal 'Ll", prepared
--by General Development'Corporation, dated April, 1970, hereinafter
=`referred to as Exhibit "l". Said Exhibit "l" is prefaced by a
__Table of Contents consisting of an introduction, location map
-_ and -items 1 through 19 inclusive; except that item 1 (proposed
—agreement dated February 25, 1969) is shown for reference only
y. -and is superseded by this agreement; and item 4, letter from
C.:W.-Kearley dated March 12, 1968, is shown for reference only.
- 2. Pians for "Water Control Structure - Elkcam
:!:Waterway" prepared by James E. Clark, Civil Engineer, dated
..--August 10, 1970 and consisting of three sheets, hereinafter re -
1 :-*=,.ferr_ed to as Exhibit "2".
B. General agreds at its own expense, to accomplish
the improvements set forth and more particularly described by
Exhibit "l" and "2".
1. For the purpose of assuring the District that
it -will accomplish said improvements in accordance with Exhibits
111" and '1211, General agrees to furnish the District within twenty
(20) days after this agreement is fully executed by the parties,
its completion and payment bond in the amount of $100,000.00.
Said bond shall include a provision whereby the District shall
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_THIS AGREEMENT entered into by and between SEBASTIAN RIVER
DRAINAGE DISTRICT, a Drainage District organized and existing
--_under the general drainage laws of the State of Florida, whose
address is Wabasso, Florida, hereinafter referred to as District,
and GENERAL DEVELOPMENT CORPORATION, a Delaware corporation
" `authorized to transact business in the State of Florida, whose
address is 1111 South Bayshore Drive, Miami, Florida, hereinafter
---=referred to as General,
r__W I T N E _S S E T H,• That:
--WHEREAS, General is the owner, subdivider and developer of certain
Zlands in the City of Sebastian, Indian River County, Florida; and
WHEREAS,, the natural drainage flow of surface waters from certain
portions of said lands is in a general Westerly direction and
Z_ -.-would empty into a drainage slough lying within an easement owned
and maintained by the District; and
�- WHEREAS, the improvements contemplated by General within its afore-
mentioned lands include certain waterways and drainage rights-of-way
which would accumulate surface waters and evacuate said waters into
the District's drainage slough aforementioned; and
WHEREAS, representatives of General and the District have reached
.=-agreement as to the conditions under which the surface waters re-
ferred to above shall be permitted to be evacuated and discharged
into the drainage facility owned and maintained by the District.
NOW, THEREFORE, in consideration of the premises as well as for
.--other good and valuable considerations each in hand paid to the
--other, receipt of which is mutually acknowledged, the District
_-and_-General agree as follows:
- A. Attached hereto and incorporated herein by reference
_ are_ the following:
- 1. Manila bound folder entitled "Canal Improvement,
Sebastian Creek, from Fellsmere Bridge to Canal 'Ll", prepared
--by General Development'Corporation, dated April, 1970, hereinafter
=`referred to as Exhibit "l". Said Exhibit "l" is prefaced by a
__Table of Contents consisting of an introduction, location map
-_ and -items 1 through 19 inclusive; except that item 1 (proposed
—agreement dated February 25, 1969) is shown for reference only
y. -and is superseded by this agreement; and item 4, letter from
C.:W.-Kearley dated March 12, 1968, is shown for reference only.
- 2. Pians for "Water Control Structure - Elkcam
:!:Waterway" prepared by James E. Clark, Civil Engineer, dated
..--August 10, 1970 and consisting of three sheets, hereinafter re -
1 :-*=,.ferr_ed to as Exhibit "2".
B. General agreds at its own expense, to accomplish
the improvements set forth and more particularly described by
Exhibit "l" and "2".
1. For the purpose of assuring the District that
it -will accomplish said improvements in accordance with Exhibits
111" and '1211, General agrees to furnish the District within twenty
(20) days after this agreement is fully executed by the parties,
its completion and payment bond in the amount of $100,000.00.
Said bond shall include a provision whereby the District shall
be reimbursed for costs and expenses incurred by District,in the
event that General fails to accomplish said improvements as pro=
vided herein and it becomes necessary for the District to do so.
2. In order that General -may budget and schedule
the improvements contemplated by Exhibits "1" and "2", the
parties expressly agree that the District shall_ give notice to
General at any time between. July 1st and September 30th in a
given calendar year that work must be commenced and completed
during the next ensuing calendar year. For example, if the Dis-
trict gives such notice to General at any time between July lst
and September 30th of the year 1971, General would be required
to complete all the improvements set forth in Exhibits "1" and
"2" not later than December 31, 1972.
3. Commencing with the calendar year next succeeding
the year in which this agreement has been entered into and fully
executed by the parties, General shall participate proportionately
in the,tDistrict's flood plain maintenance expense; i.e.,'General
shall pay twenty percent (20%) of the District's actual, direct
expense for flood plain maintenance. Provided, however, that
the portion to be paid by General for such maintenance shall
not exceed the sum of SIX HUNDRED ($600.00) DOLLARS in any one
calendar year.
4. In the event that General's accumulation and
discharge of waters from its said lands causes damage not presently
contemplated to the .District's existing drainage facility, the
cost thereof shall be borne by General. Provided, however, that
if such damage is caused only in part by waters from General's
lands, the costs shall be reasonably apportioned between General
and the District.
C. In the event of any disagreement between General
and the District resulting in litigation, the prevailing party
in any lawsuit between the two shall be entitled to reasonable
attorney's fees and court costs in addition to such appropriate
relief as may be ordered by the court.
D. The City of Sebastian, Indian River County, Florida,
shall be and is intended to be a third party beneficiary to this
agreement. Therefore, this agreement shall not be cancelled,
revoked, altered or rescinded without the express written consent
of -.said City. i
IN WITNESS WHEREOF, the parties have caused these presents to
be signed in their respective names by their duly,authorizeC�,-,\
officers' and their respective seals to be affixed this ''':;
of December , 19 70 . =� ��' '•) /
SEBASTIAN RIVER DRAINAGE',DISOPRICm. ,�*�1
By:
ai n of , the Boaro,f. Supervisors �' t
» GENERAL DEVELOPMENT CORPGRPZ&QV_
ATTEST: ,
President
Secretary
P E R F O R M A N C E B 0 N D
KNOW ALL MEN BY THESE PRESENTS:
That GENERAL DEVELOPMENT CORPORATION, a Delaware corporation,
hereinafter referred to as "PRINCIPAL", is held and firmly bound
unto the SEBASTIAN RIVER DRAINAGE DISTRICT, a Drainage District
organized under the laws of Florida, whose address is Wabasso,
Florida, hereinafter referred to as "DISTRICT", in the sum of
$100,000.00 for the payment of which it binds itself, its heirs,
executors,, successors and assigns, firmly by these presents.•
WHEREAS, PRINCIPAL has entered into a contract with the
DISTRICT dated December 10, 1970, which contract is made a part
hereof by reference;
NOW, THEREFORE, the condition of this obligation is such that
if PRINCIPAL shall promptly and faithfully perform said contract,
and complete the work 'contemplated therein by December 31, 1975,
then this obligation shall be null and void; otherwise, it shall
remain in full force and effect.
If the PRINCIPAL shall be declared in default of said contract
by the DISTRICT, it shall have sixth (60) days from the date of
said default within which to take whatever action it deems necessary
in*order to insure performance. If, at the expiration of sixty
(60) days from the date of said default, no arrangements have been
made by the PRINCIPAL satisfactory to the DISTRICT for the completion
of said contract, then the'DISTRICT shall have the right to complete
said contract and the PRINCIPAL shall pay all costs of completing
said contract to the DISTRICT including, but not limited to, en-
gineering, legal and other costs, together with any damages, either
direct or consequential, which the DISTRICT may sustain on account
of the PRINCIPAL'S default of said contract. After the expiration
of the aforesaid grace period, the DISTRICT shall have the additional
right to contract for the completion of said contract upon which
-the PRINCIPAL has defaulted and upon the DISTRICT'S acceptance of
the lowest responsible bid for the completion of said contract, the
PRINCIPAL shall become immediately liable for the amount of said
bid and in the event the DISTRICT is required to commence legal
proceedings for the collection thereof, interest shall accrue at
,the°rate of six (6%) percent per annum beginning with the commence-
ment of such legal proceedings.
" In the event that the DISTRICT commences suit for the collection
• -of any sums due hereunder, the PRINCIPAL agrees to pay all costs
' incurred by the DISTRICT, including attorney's fees.
EXECUTED this 10th day of December,1970.
GENERAL DEVELOPMENT CORPORATION
BY
Vice- President i1�