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HomeMy WebLinkAboutRoad Acceptance Agreement*Grant •Micco-Little Hollywood 17- *Barefoot Bay GDC Road Pact Hearing I s Set By Virginia Moulton In a special meeting which included Sebastian city councilmen, General Development Corporation officials, the city attorney, L. B. Vocelle, and the city engineer, Flip Lloyd, legal and technical points were scanned for needed changes between the city and GDC regarding the eventual ac- ceptance of the streets by the city in the Sebastian Highlands area. A date was then set for a public hearing on the matter. Basically the agreement rood Donors Save Money By Virginia Moulton b An effort to decrease the o patient's bill at Sebastian t River Medical Center is the e purpose behind the present o drive to begin a blood donors n b at the center, according p e chief laboratory Norman Cage. unit of blood a e is charged $25, r noting that center obtains om Brevard k the patient is a hatever he uses. a is for Brevard b ospital personnel to 1 e Sebastian center ally, beginning April receive donors. The ian River Medical r would continue to m its blood needs from vard and credit would be en the Sebastian club for ch unit collected. Cage used fictitious cases hen he explained, "if a erson used two units of blood nd he., or s memh€'r of his mily, had been a donor, he ould be eligible for the two - it blood credit, thus saving 0 on his bill." Cage also noted that a ommittee would decide ligibility. "Perhaps," noted Cage, "the patient who needed two units of blood was not a donor. We might allow the - blood credit, if friends or relatives of the patient donated an equal amount of blood for replacement within a reasonable amount of time." By using Brevard General Hospital as the distributor, "once the blood is donated, the person has extended credit. At the end of one year, he doesn't lose it. He has credit. Cage explained that until now the Sebastian center did not have the need for enough blood to warrant a donors club and that now the only prac- tical method is in cooperation with the larger Brevard hospital. "Brevard supplies all of our lood needs and has since day ne of our operation, but hey've never complained, ven when we used 25 units on ne patient," said Cage, oting, however, that the atient paid for it — a whopping $625 on his bill. Many insurance companies won't pay for blood eplacement, according to Cage. A list of the donors will be ept at the Sebastian center, nd a monthly report will be vailable on the status of the lood supply credited to the ocal donor's club. Pamphlets and posters have been circulated in the area designating April 29 from 10 a.m. to 4 p.m. as the first donors day at Sebastian River Medical Center. Knowledge of one's blood type is not necessary, nor is an appointment. "Just tell the receptionist you're here to donate a pint of blood," st- ressed Cage. Personnel will be glad to answer questions at the time of the blood donation or persons may call the Sebastian center prior to April 29 and Cage said he would be glad to answer questions about the club. Masons To Church remained the same, with the acceptance planned in three phases and GDC to be required to guarantee three years' maintenance of the streets in each phase, prior to the acceptance by the city. Phase one will include Sebastian Highlands' units two, three, four, five, six and eight; phase two will include units nine, 10, 11, 12 and 13 and phase three will include units 14, 15, 16 and 17. The only controversy about the agreement was not about the road, but rather about the maintenance of the ditches, creeks and dams on GDC property. Councilman Skip Gray asked, "Who is going to own the dam at the end of Collier Creek, and who will own and maintain Collier Creek? They will be a big expense item in the near future," he noted. The GDC attorney, Wayne Allen, claimed, however, that that is "another problem. If we try to get all problems into one agreement it will be too complicated," and suggested a separate agreement. However, Gray did not agree, stating, "I think it should be part of this agreement," noting that the agreement frequently states that it pertains to "roads and drainage." The agreement does include three drainage related items to which GDC Vice -President C. C. Crump had formerly refused to agree until the city came to an agreement on the road acceptance plan. The agreement states that GDC must "complete the Masons and Order of the Eastern Star members will meet to attend church services at Grace Methodist Church in Wabasso today, April 25. At 10:45 a.m. Masons and Eastern Star members will meet in front of the church and enter as one group. On April 24, Fellsmere Lodge 232 and Sebastian Chapter 204 of the Order of the Eastern Star conducted a ham dinner for members at the Masonic Temple, at the corner of 10th and Central Streets, in Sebastian, from 5 to 7 p.m. OYSTER WHARF PRoOL)CERS AND SHIPPERS OF CHOICE SALT WATER OYSTERS a CLAMS SPECIAL - AP2=2 ,CtkoWDER CLAM 5 m Located - U. S. #1 on River OPEN 7 Days - a to P. - Club Has Meeting The Sebastian Homemakers Club will meet Monday at 9 a.m. at the Sebastian Com- munity Center. The subject is "What Is New In Sewing Accessories." Visitors are invited to at- tend. drainage work commenced in phase one, unit two, com- mencement of dredging in Collier Creek between Fellsmere Highway and Grant Avenue ... and 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." Another item which the city included and Crump will in- vestigate, states "correct 14' overlaps in lot 14, block 59, unit two and other lots ef- fected along Drawdy Way." Crump hopes to complete his investigation in the near future in order to have the agreement in its final form for the public hearing. It is only the three-year maintenance agreement which would require an amendment to ordinance 179 and would, after adoption, apply to everyone who hen- ceforth builds streets in the city, according to Vocelle, who noted that the rest of the agreement is just between GDC and the City of Sebas- tian. Presently, only a one- year maintenance agreement is required. However, former city councilman Pat Flood, who was in the audience, suggested that the public should have an opportunity to hear and discuss the entire agreement. Therefore the special meeting was set for May 19 at Sebastian City Hall at 7:30 p.m., when both the agreement and the ordinance will be read to the citizens in the public hearing. BILL'S TV Your Oldest Authorized Zenith Repair Dealer 562-5565 WATERIII Reliable Well Drilling Member of C. of C - Ph. 567-9260 KEN ATHA REAL ESTATE 589-2300 P.O. Box 218 Sebastian, Fla Cozy country living - 2 or 3 bedroom, 1 bath, new paint in and out. 75'x125' corner. Call Gil on this - 2 bedroom, 1 bath, new w/w carpet throughout. Electric range, new refrigerator. Like New $21,900. Low down payment - Terms available. Beautiful View on Indian River - Duplex unbelievable price and terms. Wooded - High & Dry - Unique site on approximately 1 acre in South Brevard. $11,500. - ry _ inAl!-14. 1976 CALLED THE HEARING TO ORDER AT 700 P.M. t1 ' 0 t AN, CITY CLERK, READ THE PROPOSED ORDINANCE AMENDING CHAPTER 22, SUBDIVISIONS, OF THE CODE OF URDINE TY OF SEBASTIAN, FLORIDA, AND ESTABLISHING AN EFFECTIVE DATE, MAYOR CRAGG COMMENTED THE PROPCSED PERTAINS TO A CHANGE IN MAINTAINANCE UNDER THE CITY OF SEBASTIAN SUBDIVISION ORDINANCE TO COINCIDE AGREEMENT BETWEEN THE CITY AND GENERAL DEVELOPMENT CORPORATION RE ACCEPTANCE OF ROADS AND "ACILITIES. MR VOCELLE EXPLAINED THE ORDINANCE CHANGES THE MAINTAINANCE PERIOD FROM ONE TO THREE WHERE WAS NO RESPONSE FROM THE AUDIENCE OR MEMBERS OF THE CITY COUNCIL. WAS ASKED TO READ THE RESOLUTION PERTAINING TO THE AGREEMENT WITH GENERAL DEVELOPMENT CORPORATION AND DRAINAGE FACILITIES. THE READING OF THE PROPOSED AGREEMENT BETWEEN GENERAL DEVELOPMENT CORPORATION AND THE CITY OF SEBAS' TO THE ACCEPTENCE OF ROADS AND DRAINAGE FACILITIES iN SEBASTIAN HIGHLANDS. WERABLE DISCUSSION AND NUMEROUS ADDITIONS AND DELETIONS TO THE PROPOSED AGREEMENT, VICE MAYOR )" A MOTION TO ADOPT ]HE RESOLUTION SUBJECT TO THE CORRECTIONS IN THE AGREEMENT AS SUGGESTED BY GDS: 'THE CITY COUNCIL. THE MOTION WAS NOT SECONDED. 'TENT WILL BE REWRITTEN INCORPORATING THE CHANGES AND PRESENTED TO THE COUNCIL AT A LATER DATE. MADE TO ADJOURN. u,,..v.t._ 4ig ..C.�.. - -LERK General Development Corporation Honorable F. Eugene Cragg 644 S.W. Dempsey Avenue Sebastian, Florida 32958 Re: Road Acceptance Agreement Wayne L. Allen Vice President and Assistant General Counsel June 4, 1976 Dear Mayor Cragg, ,E CL copy Forwarded iSAthe subject agreement. After reviewing the many changes which have occurred to this agreement for over a year and a half, and in view of the fact that many of the roads were originally submitted to the City for ac- ceptance in 1965, we have concluded that the enclosed agree- ment, which includes most of the changes made by the City, is acceptable to us. If the City Council concurs then we can proceed to implement the program contained in this agree- ment. We consider this our final offer and hope that the Council will agree that it is a workable compromise arrived at after extended discussions by both parties. Sincerely, 1 WAYNE L. ALLEN WLA:bc enc. enc n 1 a rQernEn� d a c�ie� cc: L.B. Vocelle, Esquirec rio��a1 cc: Bill Bevan 4 C.C. Crump Dave Doheny Ken Miller 1111 South Bayshore Drive, Miami, Florida 33131 Telephone 305 350 1231 AGREEMENT THIS AGREEMENT, made and entered into this day of i.;~Vi~,- , 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 municipality under the laws of the State of Florida; W I TNE S S E TH : WHEREAS, General has recorded in the Official Records of Indian River County, plats subdividing lands with- in 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 plats, and WHEREAS, General has completed construction, or will complete in accordance with this Agreement, roads and drainage facilities as shown on said plats, and WHEREAS, General having completed construction of all roads and drainage facilities in the recorded plats 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 City and having an obligation to com- plete the roads and drainage facilities in Units 16 and 17, and WHEREAS, General's obligation is to have completed construction of said roads and drainage facilities in ac- cordance with the requirements of the ordinances of the City in effect at the date of acceptance by the City of the plats, which were duly recorded by General, THEREFORE, the parties do hereby agree as follows: 1. To comply with such requirements as may be required to bring the streets to a standard in compliance with the ordinances of the City under which the streets were constructed, General shall undertake special main- tenance of all roads and drainage facilities in the afore- said plats, not previously accepted by resolution of the City Council, on a phased basis, including but not limited to: (a) Repairing any existing ~isible road base failure. (b) Regrading swales as necessary to provide adequate drainage. (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 crack- ing pattern is a characteristic always found in the surface of soil cement road construction and is not a defect.) 2. The phases to which this Agreement applies are as follows: Phase 1 - Sebastian Highlands Units 2,3,4,5, 6 and 8; Phase 2 - Sebastian Highlands Units 9,10,11, 12 and 13; Phase 3 - Sebastian Highlands Units 14,15,16 and 17; unit basis by phases, excluding all roads and drainage facilities previously constructed and accepted by resolu- tion of the City Council. The City Engineer will inspect all roads on a completing such inspection within ninety (90) days. The City Engineer may make such other 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 available to the City. The City -2- may retain, at its option, ~ qualified testing laboratory to make tests as may be required under the direction of the City Engineer, and the City will direct the testing laboratory to furnish copies of all their reports to General. The City Engineer will advise General, in writing, of the maintenance requirements for each unit as the in- spection is completed, necessary to comply with the standards aontained in the City ordinances in effect at time of plat acceptance. 4. General will complete the work required by this Agreement on a unit basis and will resubmit roads and drainage facilities to the City Engineer, in writing, for final inspection. The City Engineer, in writing, will certify to the City within thirty (30) days of resubmission by General, those roads and drainage facilities completed, or notify General in writing of any remaining deficiencies. A copy of any such certification shall also be provided to General. The City will within thirty (30) days of such submission accept such roads and drainage facilities as are certified completed in accordance with this Agreement. General will undertake those steps necessary under this Agreement to correct any remaining deficiencies in accordance with the requirements of the City at the time of plat acceptance and any resubmissions shall be processed in accordance with the above time-frames. 5. General will be urged to accompany the City Engineer on any inspections, and the City Engineer will notify General when said inspections will occur. 6. Upon acceptance by the City of any roa'd~ and/or drainage facilities, construction bonds, corporate or surety, shall be immediately released by appropriate resolution of the City Council. General shall thereafter continue to maintain all roads and drainage facilities accepted under this Agreement, until ~he 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 Phase 2 - December 31, 1977, or when the work is com- pleted, but not earlier than December 31, 1977; and three years there- after; 3 As set forth in Ordinance 179, as amended and C~ap- ter 22 of the ordinances of the City, and thereafter all further obligations of General shall be null and void and the City shall assume full responsibility for all road and drainage maintenance. 7. General specifically acknowledges and agrees %hat Sebastian Highlands~Units 14, 15, 16 and 17 shall be required to have homes constructed upon ten (10%) percent of the lots in the plat, before the City will be required to accept the roads and drainage facilities con- structed within these plats for maintenance. Upon com- pletion of the roads and drainage facilities in Units 14, 15, 16 and 17, General will tender them to the City for ac- ceptance, and the City will accept them in accordance with the standards and specifications in effect at the time of acceptance of the plats by the City, and the City shall re- lease by appropriate resolution of the City Council all bonds, corporate or surety, then outstanding which guarantee construction of the roads and drainage facilities. General will continue to maintain the roads and drainage facilities in Units 14, 15, 16 and 17 until ten (10%) percent of home construction per unit is reached and for one (1) year there- after. 8. The City Council of the City of Sebastian shall adopt this Agreement by appropriate resolution. 9. 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 agreement in writing as to a mutually acceptable means of re- solving 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. (c) Relocation of the pavement at the intersection of Sloan Street and Futch Way upon verifi- cation by a licensed surveyor that the street is im- properly located. (d) Seek to resolve with individual property owners along Drawdy Way, upon their request, any dispute over the location of a drainage ditch, for which General Development has legal responsibility there- for. 10. General, by entering into this Agreement, hereby acknowledges that it relinquishes and waives all rights and protection of any ordinance or regulation of the City which sets a shorter period of time for required maintenance by the developer. 11. During the maintenance period,General shall mow all the swales in the drainage facilities, repair all holes which might develop in the pavement of the roads and shall apply a herbicide to kill all vegetation which would interfere with the proper operation of the drainage facili- ties or would cause deterioration of the roads which have been constructed. Upon notification by the City, in writing, of work necessary to be done during said maintenance period, General will comply with such notification and do the work within thirty (30) days. During said maintenance..period, in addition thereto, General will maintain corporate per- formance bonds to be deposited with the City in an amount of $500.00 per mile, to guarantee completion of the above main- tenance. The posting of said bonds shall not relieve General from their obligations under this Agreement. -5- 12. The question of all canals, bridges, major drainage and dams not covered under this Agree- ment is reserved for future agreements without prejudice as to the City's rights. 13. Any gross errors relative to streets and drainage (ditches or culverts) caused by General, for which it has legal liability General. 14. It is the aforesaid program shall be therefor, will be corrected by intent of the parties that the a continuing program between the parties which shall be carried out in good faith and without undue delay by either party. Time sh.all be of the essence. 15. It is an express condition of this Agree- ment that it shall be legally binding upon the parties and enforceable in the courts of the 'State of Florida, and in the event of litigation the prevailing party shall be en- titled to reasonable attorney's fees. ENTERED into this y of ~. , 1976. EXECUTED on behalf of the City of Sebastian in accordance with an ~ passea by majority vote of the City Coun- cil at its meeting on the ~day of ~ ~_~ , 1976. ATTEST: GENERAL DEVELOPMENT CORPORATION Sr. Vice e~ WAYNE L. ALLEN , Assistant Secretary General Development Corporation CITY OF SEBASTIAN, FLORIDA ATTEST: City Clerk w 'fir 1 I I R E S O L U T I O N Y WHEREAS, the City Council of the City of Sebastian and representatives of General Development Corporation, a Delaware corporation authorized to do business in the State of Florida, have conducted lengthy negotiations relative the acceptance by the City of roads and drainage facilities in Sebastian Highlands Units 2 - 6 and 6 - 15, according to plats recorded in the public records of Indian River County, Florida, and WHEREAS, the parties have come to an agreement as to such acceptance of roads and drainage facilities by the City and compliance by General Development Corporation of certain require- ments as to construction and maintenance of such roads and drainage facilities, and WHEREAS, pursuant to due notice a public hearing was held at 7:30 o'clock P.M. on May 19, 1976, at the Sebastian City Hall, relative the above stated matters, and WHEREAS, the City Council finds it in the best interest of the City of Sebastian to enter into a written Agreement with General Development Corporation setting forth in detail all re- quirements and procedures to be followed by both parties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, FLORIDA, BY AND THROUGH ITS CITY COUNCIL, as follows: 1. That certain Agreement between the City of Sebastian, Florida, and General Development Corporation, a Delaware corpora- tion authorized to do business in the State of Florida, dated A-V IV, r_- 1976, be and the same is hereby approved and ratified by the Sebastian City Council. 2. The Mayor and Clerk of the City of Sebastian are hereby authorized and directed to execute said Agreement between the City and General pevelopment Corporation, and to affix the municipal seal of the City of Sebastian thereto. r 3. The Clerk of the City of Sebastian is hereby authorized and directed to furnish a certified copy of this Resolution to General Development Corporation. F. Euq aCragg,(or ATTEST: F For -en ce L. Phe an City Clerk The foregoing Resolution was duly passed and adopted by the City Council of the City of Sebastian, Florida, this ,� ✓ ry 5 day of mac., 1976. r