Loading...
HomeMy WebLinkAboutEngineer Report to City Council0 � P Coe CE PELICPN �S City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 SUBJECT: GDC Bankruptcy Approved For Submittal By: C City Manager EXPENDITURE REQUIRED: Cid i, Agenda No. Dept. of Origin: City Manager Date Submitted: 12/06/90 For Agenda Of: 12/12/90 Exhibits: - Proof Of Claim - Mosby Report Dated, 11/30/90 - Mosby Report Dated 12/05/90 AMOUNT BUDGETED: SUMMARY STATEMENT APPROPRIATION REQUIRED: In behalf of the City, I filed a Proof of Claim with the United States Bankruptcy Court in Miami, in the amount of $4,247,959.92. This represents the total liability which may incur to the City due to General Development Corporation's breech of the 1979 contract with the City. At my request, Randy L. Mosby, P.E., prepared two (2) reports which detail the unmet obligations of General Development Corporation as outlined in the contract. These items do not include portions of units 16 & 17 - Sebastian Highlands which are not yet constructed. They do represent those street and drainage facilities in other units or in the units of 16 & 17 which are constructed but need either maintenance or improvement. Additionally, we have included the emergency repairs made to date in units 16 & 17 in the amount of $10,603.92. RECOMMENDED ACTION No action is necessary at this time. 9U,290 w I UNITED STATES BANKRUPTCY COURT LLI U L L 3 U "" OUTHERN DISTRICT OF FLORIDA PROOF OF CLAIM is Chapter 1 GENERAL DEVELOPMENT CORPORATION Case Nos, 90-12231-BKC-AJC through c/o U.S Bankruptcy Court90-12236•BKC-AJC Inclusive P.O. Box 013391 end 90-12337-BKC-AJC through 90.12339-BKC-AJC Inclusive Miami, Florida 33101 EASE READ THE INSTRUCTIONS ON THE REVERSE SIDE CAREFULLY BEFORE FILLING OUT THIS PROOF OF CLAIM A. DEBTOR: GENERAL DEVELOPMENT CORPORATION (GOC) 90-12231-BKC-AJC B. CREDITOR INFORMATION (The creditor is the person or other entity to whom the debtors owe money or property) inns and Address of Creortor 9012231-0301062-00 CITY OF SEBASTIAN PO BOX 780127 SEBASTIAN FL 32978 If name or address, as printed is not correct please indicate correct name and address to which checks and notices should be delivered lack here It this claim. replaces a previously filed claim dated: amends a previdusly filed claim dated: supplements a previously filed claim dated: the amount of claim you previously filed: (if any): BASIS FOR CLAIM Check box and attach copy of assignment if claim has been assigned to you. C. CLAIM INFORMATION CONTRACT FOR PURCHASE OF HOME BONDS and/or DEBENTURES CONTRACT FOR PURCHASE OF LAND (princoal and Interest) GOODS SOLD AND/OR SERVICES STOCKS and/or STOCK WARRANTS PERFORMED WAGES/BENEFITS MONIES LOANED ---X-OTHER (DESCRIBE BRIEFLY) PERSONARTYDAMAGEINJURY/WRONGFUL DEATH/ Debtor breached obligation PROPERTY DAMAGE TAXES (Describe Briefly) contract to improve and/or Type of Tax Taxable Period taln streets and drainage G Z In re: General Development Corporation (GDC) General Development Financial Services, Inc. General Development Resorts, Inc. Florida Residential Communities, Inc. Five Star Homes Group, Inc. GOV Financial Corpbratlon Environmental Quality Laboratory, Inc. Five Star Homes, Inc. Florida Home Finders, Inc. Debtors. Your claim is scheduled by the Debtor as: zero dollars Disputed (in U.S. Dollars) Unsecured If there is an amount shown, you have a claim scheduled as shown. If the following appears: EXECUTORY CONTRACT`, then you do not have a scheduled claim. If BONDHOLDER, STOCKHOLDER or BONDHOLDER/ STOCKHOLDER appears, you are or wen a holder of Bonds, Debentures, Stocks or Stock Warrants with no scheduled claim otner than for principal, and/or interest or equity If you acres with the amount scheduled by the debtor or you have already filed your claim you do not need to file this proof of claim The amount of claim you previously filed, (if any): If you have chocked STOCKS and/or STOCK WARRANTS, PLEASE BE ADVISED THAT THE LIST OF SHAREHOLDERS FILED BY THE DEBTORS CONSTITUTES PRIMA FACIE EVIDENCE OF THE VALIDITY AND AMOUNT OF THOSE SHAREHOLDERS' INTEREST AND IT under SHALL NOT BE NECESSARY FOR THEM TO FILE main -A PROOF OF INTEREST. in DATE DEBT WAS INCURRED: 8115L79 eneral Development projects in the City of Sebastian. If you have checked BONDS and/or DEBENTURES, you may not need to file this Proof of Claim for principal and/or interest due under such BONDS/DEBENTURES. See Note 1 on the reverse side of this form. CLASSIFICATION OF CLAIM: Under the Bankruptcy Code all claims are classified as one or more of the following: (1) Priority, (2) Secured, (3) All Other Claims. Classify the nature of the claim / CHECKING THE APPROPRIATE BOX OR BOXES which you believe best describes the claim. TATE THE AMOUNT OF THE CLAIM IN U.S. DOLLARS. Al PRIORITY CLAIM $ You have a priority claim If any of the following AR" Wages, salaries or commissions (up to $2000), earned within 90 days before filing of the bankruptcy petition - 11 U.S.C. §507 (a)(3) Contributions to an employee benefit plan (up to 52,000, less amounts claimed under Section 507(a)(3) above) - 11 U.S.C. §507(a)(4) Up to $900 of deposits toward purchase, lease, or rental of property or services for personal, family or household use - 11 U.S.C. §507(a)(6) Taxes or penalties of governmental units - 11 U.S.C. §507(a) (7) Other (specify under Section 507 for Priority treatment): A2 SECURED CLAIM S Attach evidence of perfection of security Brief Description of Collateral : Real Estate Motor Vehlclo Other X A3 ALL OTHER CLAIMS $ 4 . 247 9 59. 92 For the purposes of this form, a claim is ALL OTHER If there is no collataral. or to the extent the value of collateral is less than the amount of the debt, or if it does not quality as an Al priority claim under Section 507 of the Bankruptcy Code. TOTAL AMOUNT OF CLAIM IN U.S. DOLLARS: $ -$4,247, qS � $ 4,247,959.92 (Priority) (Secured) (Unsecured) (Total) Attach copies of documents In support of this claim, such as purchase orders, Invoices, itemized statements of running accounts, contracts, court Judgments, or evidence of security Interest. If the ocuments are not available, explain. If the documents are voluminous, attach a summary. This form should 0.4t be used to make a claim for expenses Incurred of K the flling of the bankruptcy petition. Such expense may be paid only upon proper application and notice pursuant to 11 .S.C. §503. CREDITS AND SETOFFS: Attach an itemization of all amounts and dates of payments which have been credited against the debt. Set forth any setoff or counterclaim which the debtor may have 3alnst your claim. To receive an acknowledgment of the receipt of your claim, enclose a stamped, self-addressed envelope and a copy of your claim. U. UtFiTIFIGATION is undersigned certifies under penalty of perjury that the debtor named above Is Indebted to the claimant In the amount shown, that there Is no security for e debt other than that stated above or In an attachment to this form, that no unmatured Interest is Included, and that the undersigned is authorized to make this claim. y m uie ­uitor uryvtner rerson Authorized to File this Claim. Robert S. McClary. City KgSebastian ease mall this form to GDC at the address set forth above. All claims must be received by December 10, 1990. enalty for Presenting Fraudulent Claim: Fine up to $5,000 or imprisonment for up to 5 years, or both. Title 18, U.S.C. §152 and §3571. 9v.ZiJ`o 0. f MOSBY AND ASSOCIATES, INC. CONSULTING ENGINEERS 1507 20TH STREET P.O. BOX 6368 VERO BEACH, FLORIDA 32961 407-569-0035 December 5, 1990 Mr. Robert S. McClary City Manager City of Sebastian Post Office Box 127 Sebastian, Florida 32978-0127 Subject: Collier Creek - Unit 11 General Development Corporation Sebastian, Florida Engineer's Project No. 90-101K Dear Mr. McClary: Enclosed is a copy of an aerial of the southern portion of Unit 16 and the northern portion of Unit 11. As part of th construc- tion drawings, for Unit 11, a stormwater managment lake was to be constructed as part of Collier Creek construction in the area just north of Caravan Street. The enclosed aerial delineates the area of the original designed lake which has not been constructed as part of the original construction of Unit 11. in order to complete the construction of the lake as designed, we estimate the construction cost to be as follows: I. Clearing and Grubbing 6.7 Acres $3,000/Ac. = $ 20,100.00 2. Excavation 125,000/C.Y. $ 5.00/C.Y. = $625,000.00 3. Slope Stabilization & Littoral Zone Planting 1 LS = $_50,000.00 Total...........................................$695,100.00 Mr. Robert S. Mcory Decemmber 5, 1990 Page 2 Should you require rther information, Very t ul o , y o by, E. RLM:bes cc enc. • please call. I%L+..L_irtrLJD-0 J J -J WOSBY AND ASSOCIATES, INC. CONSULTING f fl(ANEEHS 1507 20TH STREET P.O. BOX 6368 VERO BEACH, FLORIDA 32961 407-569 0035 November 30, 1990 Mr. Robert S. McClary City Manager City of Sebastian Post Office Box 127 Sebastian, Florida 32978-0127 Subject: Sebastian Highlands Units 16 and 17 Sebastian, Florida Engineer's Project No. 90-449 Dear Mr. McClary: As requested, we have completed our on-site inspection and review of the existing roadway and drainage conditions of Units 16 and 17 of the Sebastian Highlands. The purpose of our inspection was to determine the extent of the deteriorated roadways and drainage and to develop a cost estimate for the repair or replacement of the roadways and drainage structures. Our inspection included the following items: I. Unit 16 a. Inspection of the existing roadways. b. Inspection of the existing roadway curb and gutters. C. Inspection of the existing drainage ditches. d. General inspection of the existing drainage culverts and structures. II. Unit 17 a. Inspection of the existing roadways. An inspection of the newly completed portion of Unit 17, located in the southeast section of Unit 17, was not com- pleted. 90- I z 96) Mr. Robert S. MADy 10 November 30, 1990 Page 2 b. Inspection of the existing roadway swales. C. Inspection of the existing drainage ditches. d. Inspection of the existing drainage culverts and structures. III. Elkcam Waterway We performed a general inspection of the Elkcam Waterway to determine the extent of the seawall that has not been constructed to the west of the Sebastian Highlands. We have provided an estimate of the construction of Elkcam Waterway drainage control structure. Since we have not been provided with construction details of the drainage overflow structure, the construction cost estimate is sub- ject to change. IV. Wentworth Street Drainage Ditch It is our understanding that the Wentworth Street drainage ditch has been constructed in the wrong location. We inspected the ditch to determine what would be required to relocate the ditch and the cost of the Improvements. It should be noted that no inspections were performed in the areas where the roads have not been constructed. We have previously submitted, to your office, the following documents detailing the findings of our on-site inspections: 1. Three (3) copies of drawing Sheet 1 of 3 detailing the lo- cation of the existing drainage culverts and structures, within Unit 16 and the older portions of Unit 17. 2. Three (3) copies of drawing Sheet 2 of 3 and 3 of 3 detailing the location of where our construction photo- graphs were taken and a listing of what the photograph depicts for Unit 16 and Unit 17 respectively. 3. One (1) set of four (4) aerials of Units 16 and 17 in which we have noted the drainage ditches which require Improvements. 9. An album of photographs taken during our on-site Inspec- tion. Mr. Robert S. Mcory • November 30, 1990 Page 3 The following is a generalization of our findings: I. Unit 16 The overall condition of Unit 16 is fairly good. All the roadways require resurfacing with at least one Inch (111) of asphalt. There are some locations which require repair to the base and subgrade. Since the drainage collection system consists of curb and gutter and drop inlets, we were unable to determine the condition of the underground culvert pipes. All the curb and gutter requires cleaning and removal of weeds. All drainage ditches require cleaning out. II. Unit 17 We recommend that all the streets, roadway swales and drainage structures be replaced and regraded within the older portion of Unit 17, south of Elkcan Waterway. The roadways of the portion of Unit 17, north of Elkcan Water- way are constructed with curb and gutter and are in fairly good shape. We have not included the entire replacement of the drainage culverts in our cost estimate for this portion of Unit 17 except for the drainage structures that need immediate repair. The following is a list of the streets, along with their lengths that were inspected. The streets and their lengths were provided by the City of Sebastian in a memo from Mr. Dave Fisher dated January 31, 1990. The pipes' lengths and sizes, outlined in the following cost estimate, are based on our on-site inspection. Unit 16 Old Existing Streets Englar Avenue 7,500' Kildare Drive 3,000' Harris Drive 3,000' LaPlaya Lane 1,500' Indian Avenue 600' Ala Meda Avenue 1,000' Cardinal Drive 1,400' High Court 1,000' Conover Avenue 1,000' Ogden Avenue 1,000' Total...........................................21,000 LF Mr. Robert S. McOary November 30, 1990 Page 4 • Unit 17 Old Existing Streets Barber Street 2,300' Schumann Drive 8,500' Filbert Street 3,900' Hinchman 2,050' Nebraska Circle 21550' Friar Court 1,750' Bryant Court 800' Melton Avenue 1,550' Lancaster Street 1,000' Karrigan Street 11000' Larchmont Terrace 3,550' Landover Drive 1,000' Redgrave Drive 1,200' Joy Haven 200' Curtis 850' Thunderbird Drive 1,150- S. East Street (Curb & Gutter) 1,400' Caprona Street (Curb & Gutter) 2,600' Empress Avenue (Curb & Gutter) 11900' Marsh Street (Curb & Gutter) 800' Dahl Avenue (Curb & Gutter) 1,400' Ormand Court (Curb & Gutter) 1,000' Capri Avenue (Curb & Gutter) 2,100' Englar Drive (600' Curb & Gutter) 2,000' Osceola (Curb & Gutter) 800' Aetna Street (Curb & Gutter) 1,000' Admiral Circle (Curb & Gutter) 1,900' Flint Street (Curb & Gutter) 700' Lance Street (Curb & Gutter) 200' Mabry Street (Curb & Gutter) 3,330' Crawford Drive (Curb & Gutter) 2,300' Spring Valley Avenue (Curb & Gutter) 1,700' Total...........................................58,480 LF 11.08 Miles Mr. Robert S. Mcc 9 y November 30, 1990 Page 5 The following is the cost estimate for the repair and reconstruction of the roadways and drainage structures within Units 16 and 17. It should be noted that a cost contingency will be added to this cost estimate since a very detailed topographic survey of the existing roadways and drainage swales was not provided to determine the actual extent of the deteriorated drainage roadway swale. Since there are so many problems within the Sebastian Highlands, it could be determined with a detailed analysis that the entire drainage system may require reconstruction. Also, it should be noted that the existing pipes consist of corrugated metal pipe which is not acceptable by today's standards. Our cost estimate is based on the replacement of the culverts with corrugated aluminum pipe. Preliminary Cost Estimate Item Quantity Unit Cost Cost I. Unit 16 1. Resurface the Existing Roadways 21,000 LF $ 7.00/ft $ 197,000 2. Repair & Clean Curb & Gutter 92,000 LF $ 1.00/ft $ 92,000 3. Improve Existing Drainage Ditches 3,390 LF $ 5.00/ft $ 16,700 4. Replace Curb Inlets 3 Ea. $ 5,000/Ea. $ 15,000 Sub -Total ...........................................$ 220,700 II. Unit 17 1. Roadway Replacement w/Swales 39,750 LF $ 16.00/ft $ 556,000 2. Roadway Resurfacing w/Curb & Gutter 23,730 LF $ 7.00/ft $ 166,110 3. Remove Existing Roadway 390P750 LF $ 3.00/ft $ 109,250 7 � r7 Mr. Robert S. Mary 9 November 30, 1990 Page 6 Item Quantity Unit Cost 4. Drainage Culverts Sub-Total...........................................$1,531,250 a. 15110 CAP 15 LF $ 19.00/LF $ 285 b. 18110 CAP 749 LF $ 23.00/LF $ 17,227 c. 21110 CAP 135 LF $ 26.00/LF $ 3,510 d. 24110 CAP 374 LF $ 30.00/LF $ 11,220 e. 48110 CAP 68 LF $ 97.00/LF $ 6,596 f. 54110 CAP 51 LF $ 110.00/LF $ 5,610 g. 28" x 20" CAP 62 LF $ 40.00/LF $ 2,480 5. Remove Existing Culverts 1,454 LF $ 6.00/LF $ 8,724 6. Concrete Headwalls a. 15110 CAP 2 Ea. $ 500.00/Ea. $ 1,000 b. 18110 CAP 36 Ea. $1000.00/Ea. $ 36,000 c. 21110 CAP 2 Ea. $1800.00/Ea. $ 3,600 d. 24110 CAP 14 Ea. $2000.00/Ea. $ 28,000 e. 48110 CAP 2 Ea. $4500.00/Ea. $ 9,000 f. 54110 CAP 2 Ea. $5500.00/Ea. $ 11,000 g. Double 18"0 CAP 4 Ea. $1800.00/Ea. $ 7,200 h. 17" x 13110 CAP 9 Ea. $1600.00/Ea. $ 14,400 1. 21" x 15"0 CAP 3 Ea. $1800.00/Ea. $ 5,400 7. Dispose of Existing Concrete Headwalls 1 LS $ 50,000/Ea. $ 50,000 8. Regrade Roadway Swales 69,500 LF $ 3.00/ft $ 208,500 9. Improve Existing Drainage Ditches 12,180 LF $ 5.00/ft $ 60,900 1O.Repair & Clean Curb & Gutter 471460 LF $ 1.00/ft $ 4'/01460 Sub-Total...........................................$1,364,472 III. Elkcam Waterway 1. Complete Seawall 9,850 LF $ 125.00/ft $1,231,250 2. Drainage Control Structure 1 Ea. $300,000/Ea. $ 300,000 Sub-Total...........................................$1,531,250 Mr. Robert S. McC ary November 30, 1990 Page 7 Item IV. Wentworth Drainage Ditch 1. Fill Existing Ditch 2. Reconstruct New Drainage Ditch Quantity Unit Cost 12,963 Cu.Yd. $ 9.00/CY $ 58,339 13,000 Cu.Yd. $ 3.50/CY $ 45,500 Sub -Total ...........................................$ 103,834 Sub -Total Items I, II, III & IV .....................$3,220,256 Construction Contingency (10%) ......................$ 322,000 Total Cost..........................................$3,542,256 Roadway replacement includes new asphalt and coquina base. The existing soil cement base is proposed to be used for the required stabilized subgrade. The herein cost estimate is based on a limited amount of time in the field. During construction, as items are uncovered, additional required improvements may be discovered. The unit costs for pavement replacement does not include fill nor new subgrade construction. We are available to meet and discuss any aspect of this report at your earliest convenience. Should Vou require further information, please call. Ver ru y �u C �► Randy,, Mosby, E. RLM:bes cc enc.