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HomeMy WebLinkAboutSettlement & Agreement to repair Core Boring Holes�Al AGREEMENT THIS AGREEMENT, made and entered into this I'D day of ,.oma l 9 Sy by and between GENERAL DEVELOPMENT CORPORATION, (hereinafter referred to as "General"), a Delaware corporation authorized to do business in the State of Florida, and the CITY OF SEBASTIAN (hereinafter referred to as "City"), a municipality under the laws of Florida; WITNESSETH WHEREAS, General entered into an agreement with the City dated August 15, 1979; and WHEREAS, as a result of said agreement certain additional road repair and resurfacing was required; and WHEREAS, General has proposed resolution of all outstanding obligations under the agreement dated August 15, 1979; and WHEREAS, on April 12, 1982, City advised it was willing to accept such resolution in full settlement of all obligations under said August 15, 1979 agreement by resolution passed by majority vote of the City Council. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration the parties hereby agree as follows: 1. General shall pay the sum of Thirty Seven Thousand ($37,000.00) Dollars by corporate check to City. 2. Upon receipt of said sum, City hereby agrees to accept the sum in full settlement of all claims and obligations arising out of the agreement dated August 15, 1979, with the exception of repair of core boring holes left unfilled subsequent to testing. 3. General shall repair all core boring holes left unfilled subsequent to testing within Units 1 - 6; 8 - 15; and portions of 16 and 17. 4. Upon inspection of said repair the City shall sign a release acknowledging that the repair has been completed and releasing General from all further claims or obligations arising out of the agreement dated August 15, 1979. w 5. This agreement is executed on behalf of the City of Sebastian in accordance with a resolution passed by majority vote of the City Council at its meeting on April 12, 1982. GENERAL DEVELOPMENT CORPORATION By: Att CITY OF SEBASTIAN By:'IZ2�/JL6%� / - 2 - LEG. 70/56 E a PAT FLOOD, JR. Mayor City of Sebastian POST OFFICE BOX 127 G SEBASTIAN, FLORIDA 32958 TELEPHONE (305) 589-5330 Efirabeo>t RON Chyme July 30, 1982 General Development Corporation Villages of Port St. Lucie Post Office Box 3690 Fort Pierce, Florida 33450 Attention: William H. King Construction Manager Re: Sebastian Highlands Street Core Boring Repairs Dear Mr. King: In response to your letter to we dated July 16, 1982 relative to the referrenced matter, please be advised that I have performed a general inspection of the streets. I have noticed only one core boring on Lawson between Layport and Dempsey which has not been repaired. I'm sure we'll find more not repaired as time passes and I suggest we wait until approximately six (6) core holes in need of repair are discovered and then your crew can do all six (6) at one time. However, for the present, I am satisfied that you and your patching crew have done the best job possible in view of the circumstances. Therefore, please be advised that I find the core boring repairs acceptable and approve this work contingent upon the fact that you agree to return if necessary to repair core borings where your present repairs have failed and/or if repairs were never made. EHM/dh CC: Mayor Flood Councilmen Dan Kilbride Mel Broom File Best Regards, Ear�H. Masteller, P, City Engineer GENERAL RELEASE RAMCO FORM 22 Know All Alien By Thest {Presents That....'..., (t, We) The City of Sebastian, Florida, a municipality under the laws of the State of Florida, first party, for and in consideration of the sum of Thirty Seven Thousand Dollars ($37,000.00) ---------------------------Dollars, or other valuable considerations, received from or on behalf of General Development Corporation, a Delaware corporation, authorized to do business in the State of Florida, at 1111 South Bayshore Drive, Miami, Florida 33131, second party, the receipt whereof is hereby acknowledged, (Wherever used herein the teens "first party" and "second party" shall include singular and plural, heirs, legal representa- tives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) HEREBY remise, release, acquit, satisfy, and forever discharge the said second party, of and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, vari- ances, trespasses, damages, fudgments, executions, claims and demands whatsoever, in law or in equity, which said first party ever had, now has, or which any personal representative, successor, heir or assign of said first party, hereafter can, shall or may have, against said second party, for, upon or by reason of any matter, cause or thing ►altntsoever, from the beginning of the world to the day of these presents. Arising out of that certain agreement dated August 15, 1979, by and between General Development Corporation and the City of Sebastian, Florida. Tn ^r'iai i -i nn . }h— hn };7 ofCnhm-+ iatz lvor i nn l-sr+l ori 1-14i F} i m F i l l `sr7 en ib.-.Gl.. 4-- +1�.-. }—r.} i r... 16 ca:a-�c�s'■ese■i w w -and 1;1 h a n- QQnQQViq�l —� +s>ssd �� �■� ao In Uitness whereof, I have hereunto set my hand and seal this day of . A. D., 1982 . Signed, sealed and delivered in presence of: STATE OF FLORIDA, COUNTY OF j,,0/bi f -/ I I r 1_ City of Sebastian, Florida, a Florida Wpmjicipal co ration z. ..................... .....® By: / � .......-. t.� ..� .....® Attestt: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Pat Flood, Jr., Mayor of the City of Sebastian, Florida a municipal corporation, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. y� WITNESS my hand and official seal in the County and State last aforesaid this 30 /K/ day of A. D. 197/ This histnuliettt prepared by: Nancy H. Roen, Esq. General Development Corp. d Address 1111 South Bayshore Drive r�rtri» W. It "$A Miami, FL 33131 OWN I'1w'ltftpo•MommwV GENERAL DEVELOPMENT CORPORATION 1111 SOUTH BAY SHORE DRIVE MIAMI, FL 33131 P'AY R DER OF THE ORCity Of Sebas xAc- - THE FIRST NATIONAL BANK OF BOSTON — BOSTON, MASS. 02110 Sebastian Hiahlands Road Acceptance Settlement 11200ILLLii•®i:0LL0003901: 52L 1111 5-39 July 1, —1912 110 i $'*37,000.00* 7;1000 AAMCTS DOLLARS BY AUTHORIZED REPRESENTATIVE Iia M