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.
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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
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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
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