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Home My WebLink AboutDrainage Agreement & Performance BondDecember 29, 1970 Mr. Gurdon b. Johnston mitchell, sLarp Attorneys at Lw,# P. G. box -,Lb6u Vero Beach, Florida 3296U IN RL; GDC/SEBASTIAN ruVLR tURAINAGL !JISTRICT AGRELjILNj- Dear !,a. Johnston: ""'is will &ci-DOwle ige your letter of LOceviber 22nd by means of which YOu forwaraed to us two sig1led copies of the AgreaLlent be - twee" osis firh" d1lQ the Sebastia-ri River Drainage bistrict con- cerning the 1jistrict's outfall. hncloseU you will find original Surety bonu in the antount of $"U,000 -OU furniShed by this firn, Pursuallt to paragraph h(l) Of the Aqreexilent. I W- furni6lunq copies of this letter, the Agreemerlt and the LoIlLI LO the City of Sebastian all" the City Attorney. Very truly yours, SIDNLY B. I' RhSSNLR Corporation Counsel S.64/tri Encl. cc; City of Set-)astialli -i-tt"; Col. Jordan City Attorney for SeDastian, .At A G R E E M E N T THIS AGREEMENT entered into by and between SEBASTIAN RIVER DRAINAGE DISTRICT, a Drainage District organized and existing under the general dra=nage 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, WITNES S E T H, That: WHEREAS, General is the owner, subdivider and developer of certain lands 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 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 consideratlon 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 'L"', prepared by General Development Corporation, dated April, 1970, hereinafter referred to as Exhibit "l". Said Exhibit "1" 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 and is superseded by this agreement; and item 4, letter from C. W. Kearley dated March 12, 1968, is shown for reference only. 2. Plans for "Water Control Structure - Elkcam Waterway" prepared by James E. Clark, Civil Engineer, dated August 10, 1970 and consisting of three sheets, hereinafter re- ferred to as Exhibit "2". B. General agrees at its own expense, to accomplish the improvements set forth and more Parisi cul arl y described by Exhibit "1" and "2". 1. For the purpose of assuring the District that it will accomplish said improvements in accordance with Exhibits "1" and "2", 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 F� 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 s,ch 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 District's flood plain maintenance expense; i.e., General shall pay twenty percent (200) 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. IN WITNESS WHEREOF, the parties have caused these presents to be signed in their respective names by their duly authorized, officers and their respective seals to be affixed this 10 da' of December 19 70 . SEBASTIAN RIVER DRAINAGE DISTRICT By: - ai an of the Boar .•of Supervisor's GENERAL DEVELOPMENT CORPO A?'IO' By: ATTEST: President,, A . 4,� 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 DISTRIC^1, 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 i:- 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 :Wade 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. Atter 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 pilll:GGin11ig.7 1Vt l.ilc 1..;:J11Cl.i..1V11 1.11G1GVl, L111..C1GJl_ .'situ._i Q4CrUG 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 ',