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HomeMy WebLinkAbout1992 - Agreement Summary InformationCity of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 SUBJECT: GDC Settlement Agreement Approved For Submittal By: City Manager Agenda No. 42.05YIq / 3 12 - Dept. of Origin: City Attorney Date Submitted: 02/05/92 For Agenda Of: 02/12/92 Exhibits: - Torpy Letter Dated, 01/29/92 - Settlement Agreement Summary EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT General Development Corporation ("GDC") and the City have entered into an agreement to settle the claim filed by the City against GDC in bankruptcy court. GDC has signed and returned the agreement and we are currently awaiting approval from the bankruptcy court, which is expected by the end of February. In anticipation of the bankruptcy court's approval, the City Attorney has ordered a title search of the property to be conveyed. The title search fee of $1,000 is to be split equally between the City and GDC. The Deputy City Attorney, Richard E. Torpy, is recommending that the City also obtain title insurance at a cost of $6,875, which assumes an estimated value of the land of $1.6 million. Title insurance expenses would be paid solely by the City. For your information, I have attached some summary information about the GDC bankruptcy settlement agreement. RECOMMENDED ACTION Move to authorize and appropriate $6,875 for title insurance for the GDC parcels to be conveyed to the City as a result of the settlement agreement. gz.os8/ GDC SETTLEMENT AGREEMENT SUMMARY INFORMATION * GDC file under Chapter 11 on April 6, 1990 * City claim of $4.3 million ($4,256,450) filed in bankruptcy court in December, 1990. * City claim the result if GDC's breach of an agreement approved in 1979. * To release GDC of its obligations under the 1979 agreement, the City accepted the conveyance of 115 parcels totaling 229.12 + acres plus a drainage easement assignment plus GDC's commitment to dedicate a right-of-way for Fleming Street Extended through Unit 16. * GDC sites include: - 7.56 + acres - Commercial & Miscellaneous - 84.02 + acres - Parks - 137.54 ± acres - Drainage * GDC sites consist of: 1 Commercial tract - Barber Street 7.31 + acres 1 Lot - Airport Drive East .25 + acres 1 Lot - Barber Street Sports Complex .25 + acres 15 Tracts - "Parks" (PS Zoning) 48.31 + acres 1 Tract - Schumann Lake & "Island" 33.36 + acres 3 Tracts - ("R", "S" & "T") Schumman Lake 2.10 ± acres 13 Tracts - Drainage 97.57 + acres 63 Lots - Drainage 15.75 ± acres 2 Lots - Elkcam Dam Access .50 + acres 15 Tracts - Drainage 23.72 + acres 115 Parcels 229.12 + acres * Value of 230 ± acres = $1,57,500 - Indian River County assessed valuation. * Value of 230 + acres = $6.9 - million assuming $7,500 per 1/4 acre lot * Value of 230 ± acres = $11 - million assuming $11,000 perl/4 acre lot gz, off/ 9l3�z GDC Settlement Agreement Summary Information (Continued) * Added Streets (Unit 16 & 17) 16 SH 3.98 miles 17 SH 11.08 miles 12% 15.06 New Miles 88% 112.90 Accepted in 1979 100% 127.96 * Added drainage in Unit 16 & 17 plus major waterways South of CR 512 - Harbor Waterway - Collier Waterway - Schumann Lake - Schumann Waterway - Elkcam Waterway * Elkcam water control structure (permanent), if constructed, estimated between $230,000 and $300,000. * Wentworth ditch realignment estimated at $103,800. * Improperly aligned ditches - Units 1 - 15 estimated at $100,000. * Collier Waterway Bridge repairs (Englar Drive) estimated at $10,000. * Other claim items but unlikely projects in the foreseeable future: New waterway seawalls $1.2 - million and Unit 11 (Collier Waterway) Lake $695,000.