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HomeMy WebLinkAboutRESOLUTION R-91-48RESOLUTION NO. R-91-48 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A SETTLEMENT AGREEMENT WITH GENERAL DEVELOPMENT CORPORATION, ("GDC") CONVEYING CERTAIN ASSETS FROM GDC TO THE CITY OF SEBASTIAN AS DESCRIBED IN EXHIBIT "A"; RELEASING GDC FROM CERTAIN OBLIGATIONS TO THE CITY OF SEBASTIAN AS DESCRIBED IN EXHIBIT "B"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, General Development Corporation, ("GDC"); a Delaware Corporation, may have certain obligations to the City of Sebastian under the terms of the August 15, 1979 agreement between the City of Sebastian and GDC; and WHEREAS, GDC, on April 6, 1990, filed for protection under Chapter 11 of the Federal Bankruptcy Laws; and WHEREAS, since filing for bankruptcy protection, GDC has not met certain of its obligations and responsibilities to the City under the terms of the 1979 agreement; and WHEREAS, the City and the GDC entered into negotiations to relieve GDC of its obligations in return for certain GDC assets and have reached a mutual agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the Settlement Agreement betweeen GDC and the City of Sebastian, a copy of which is attached hereto. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman The motion was seconded by Councilman P.�C� and, upon being put into a vote, the vote was as follows: Mayor W.E. Conyers Vice -Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George G. Reid Pa CLQ e a f The Mayor thereupon declared, his Resolution duly passed and adopted this 364.L- day of 1991. ATTEST: Kathry M. O'Halloran, CMC/AA, City Clerk (SEAL) Approved as to Form and Con i � Charles Ian Nash, City Attorney 3 CITY OF SEBASTIAN, FLORIDA By: