HomeMy WebLinkAbout1992 - Settlement Release/•
City of Sebastian
POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
April 13, 1992
Gary B. Frese
Attorney At Law
930 S. Harbor City Blvd.
Suite 505
Melbourne, FL 32901
Re: GDC Settlement Agreement
Your File No. 92-7850
Dear Gary:
Enclosed is a release signed by Vice -Mayor Frank J. Oberbeck,
attested by Kathryn M. O'Halloran, City Clerk, witnessed by two
(2) witnesses, and properly notarized. I am returning this
original to you per your request by letter of April 7, 1992.
Should you need additional, information, will you please call?
Sincerely,
Robert S. McClary
City Manager
RSM/jmt
Enclosure
FRESE, FALLACE, NASH & TORPy, P. A.
ATTORNEYS AT LAW
GARY B. FRESEt
.TAMES H. FALLACE
CHARLES IAN NASH*
VINCENT G. TORPY. JR
RICHARD E. ToRYY
GREGORY S. II NSEN
J. PATRICK ANDERSON
LAURA L. ANDERSON
WILLIAM A GRIMM
OF COUNSEL
Robert S. McClary,
City of Sebastian
1225 Main Street
Sebastian, FL 32358
Dear Rob:
April 7, 1992
City Manager
Re: City of Sebastian/GDC
Our File No. 92-7850
930 S. HARBOR CITY BLVD.
SUITE 505
MELBOURNE. FLORIDA 32901
(407) 984-3300
FAX (407) 951-3741
t BOARD CERTIFIED IN
TAXATION
BOAR CERTIFIED IN
E.TATE PI.AN'NINO AND PRORATE
As a follow-up to your telephone conversation with
Cathy, enclosed please find another Release which should be
signed by the City. This Release is identical to the one
previously signed by the City. Please ensure the document is
witnessed as well as notarized.
I am also enclosing this firm's check in the amount of
$2,500 payable to the City of Sebastian representing the attorney
fees paid in connection with this transaction. I am informed by
Charlie Nash that the City will be billed for the fees due.
If you have any questions, please do not hesitate to
contact me.
Sinc ly,
GAR FRESE
GBF/clg
Enclosure
RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That CITY OF SEBASTIAN, a Florida municipal corporation (the
"City") for and in consideration of the sum of Ten and 00/100
Dollars ($10.00), and other good and valuable consideration,
received from or on behalf of GENERAL DEVELOPMENT CORPORATION, a
Delaware corporation, as Debtor -in -Possession under U.S. Bankruptcy
Court Case No. 90-12231-BKC-AJC ("GDC"), the receipt whereof is
hereby acknowledged, hereby remises, releases, acquits, satisfies
and forever discharges GDC, of and from any and all actions, causes
of action, suits, debts, dues, sums of money, covenants, contracts,
controversies, agreements, promises, damages, claims and demands
whatsoever, in law or in equity, which the City, or any successor
and/or assign of the City, ever had, now has, hereafter can, shall
or may have, against GDC, for, relating to, connected with or
arising out of the obligations set forth in Exhibit "A" attached
hereto and by this reference made a part hereof (the "GDC
Obligations"), including, without limitation, all bonds posted by
GDC with the City in connection with the GDC Obligations, all of
which shall be simultaneously herewith returned by the City to GDC.
IN WITNESS WHEREOF, the undersigned has hereunto set its hands
and seals this � day of April, 1992.
Signed, Sealed and Delivered
in the presence of:
CITY OF SEBASTIAN, a Florida
municipal corporation
B ��
K J. ERBECK, Vice Mayor
A eZ_,,�Ie, Attest:
KATHRYN M. O'HALLORAN,
r.% City Cf erk
STATE OF FLORIDA )
)SS
COUNTY OF INDIAN RIVER)
The foregoing instrument was acknowledged before me this
Z614 The
of April, 1992, by FRANK J. OBERBECK, Vice Mayor, and
KATHRYN M. O'HALLORILN, City Clerk, of the CITY OF SEBASTIAN, a
Florida municipal corporation, on behalf of said corporation.
FRANK J. OBERBECK and KATHRYN M. O'HALLORAN are personally known
to me and did not take an oath.
WITNESS my hand and official seal of office this 161 day of
April, 1992. j
My Commission Expires: L
Printed' Name
Notary Public
State of Florida at Large
-------------
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No Pdit4r~*PWft
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EXHIBIT "All
(1) All obligations of GDC to construct, maintain and operate all
streets and drainage facilities located in the City of
Sebastian, including, without limitation, all obligations of
GDC under that certain Agreement dated August 15, 1979 between
GDC and the City, except that the foregoing shall not include
CDC's obligations with respect to Plat Units 16 and 17, which
are postponed pursuant to paragraph 5 of the Settlement
Agreement between GDC and the City dated January 16, 1992.
(2) Any liability of obligation (i) related in any manner to the
matters set forth in item (1) above and/or (ii) set forth in
the Proof of Claim filed by the City or related to the matters
described therein.