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HomeMy WebLinkAboutCancellation of 1967 Hold Harmless Agreementr January 12, 1971 General Development Corporation 1111 South Bayshore Drive Miami, Florida 33131 Attn: Mr. Sidney B. Krassner Dear Mr. Krassner: City Council at the regular meeting held January 110 1971 has considered your request for cancellation of the Hold Harmless Agreement furnished the City by your corporation. The following excerpt from the minutes of said meeting are for your information and guidance. "Motion by Councilman Cragg that Hold Harmless Agreement from General Development Corporation pertaining to Sebastian Drainage District be released and cancelled. Seconded by Councilman Lambert. Carried." The Hold Harmless Agreement is hereby cancelled. Very truly yours, FOR THE CITY COUNCIL A. T. Jordan City Clerk ATJ/flp January 12, 1971 General Development Corporation 1111 South Bayshore Drive Miami, Florida 33131 Attn: Mr. Sidney B. Krassner Dear Mr. Krassner: City Council at the regular meeting held January 110 1971 has considered your request for cancellation of the Hold Harmless Agreement furnished the City by your corporation. The following excerpt from the minutes of said meeting are for your information and guidance. "Motion by Councilman Cragg that Hold Harmless Agreement from General Development Corporation pertaining to Sebastian Drainage District be released and cancelled. Seconded by Councilman Lambert. Carried." The Hold Harmless Agreement is hereby cancelled. Very truly yours, FOR THE CITY COUNCIL A. T. Jordan City Clerk ATJ/flp December 29, 1970 &r. L. B. Vocelle City Attorney City of Sebastian 2140 10th Avenue Vero Beach, Floriva IN RL: GDC/SEBASTIAN RIVER DRAINAGE DISTRICT Dear mr. Vocelle: Lncloseu please find copy of itty letter to Attorney Gordon Johnston relative to the above; said letter oeing self-explanatory. Also enclosed for your records and infori,Uation you will find copy of the Agreement anti Bond between this firm and the Sebastian River Drainage District. You will unQoubtealy recall that General Development Corporation entered into a Hold harmless Agreeiiient with the City of Sebastian aated DeceaLLer 4, 1967, which was to remain in effect until such time as consent, approval and acquiescence of the Sebastian River Drainage District was ol)tained for the arainage design of the suLject ianus. Since this result has iiow Ueen accomplished, we woula appre- ciate the return of the original hold harialess Agreeiaent for cancella- tion; together With sovie evidence that the City has releasea General .uevelopment Corporation from the provisions of the Hold Harmless Agreement. your early attention in this matter will be appreciated. Very truly yours, SIDNEY is. KRASSNER Corporation Counsel SEK/tb hncl. cc: Col. A. T. Jordan HOLD HARMLESS AGREEMENT THIS AGREEMENT, entered into this day of 1967, by and between CITY OF SEBASTIAN, FLORIDA, a municipal corporation, and GENERAL DEVELOPMENT CORPORATION, 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 10TH 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 upon GENERAL DEVELOP- MENT CORPORATION,,its successors and assigns and shall be binding upon their successors of title. ATTEST: Secretary CITY OF SEBASTIAN,,Florida a municipal corporation By Mayor GENERAL DEVELOPMENT CORPORATION a Delaware corporation Ey Executive Vice Pres.idlEk tO e - 2 - L. B. VOCELLE • ATTORNEY AT LAW • 2140 10TH AVENUE • VERO BEACH, FLORIDA ,y �.. 1 � S