HomeMy WebLinkAbout02-03 - Memo to negotiate an agreementCity of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
M E M O R A N D U M
DATE: February 3, 1989
TO: Richard B. Votapka, Mayor & Sebastian
City Council
FROM: Robert S. McClary-J L"4-1
RE: Sebastian Highlands Units 16 and 17
On January 30, 1989, a conference was held in my conference room
between City officials and representatives of General Development
Corporation. Representing the City were Horry T. Johns, City
Engineer, Randy Mosby, Consulting Engineer and myself.
Representing General Development Corporation were Georgo
Kulczycki, Director Community Development, Jim Pope and Roger
Norton. The purpose of the meeting was to discuss GDC's request
for the City to accept the street and drainage improvements in
Unit 17, Phase II for perpetual maintenance.
GDC feels it appropriate for the City to accept the improvements
upon appropriate certifications and in line with City
requirements outlined by former Mayor L. Gene Harris. My
position is that the City should not accept only portions of
existing streets and drainage in Unit 17 without providing for a
plan of accepting all existing street and drainage improvements
in Units 16 and 17. Because the test understandings between the
parties are those reduced to writing, I feel the City should
attempt to negotiate a written agreement with GDC which would
outline a plan to accept Unit 17, Phase II and to accept other
existing streets and drainage improvements in Units 16 and 17
provided these improvements meet acceptable standards.
Therefore, I feel the agreement woult. generally consist of the
following elements:
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RE: Sebastian Highlands Unit 16 and 17 Page #2
1. The agreement would provide for the City to accept the
street and drainage improvements in Unit 17, Phase II upon
signing of the agreement and proper certifications by the
engineers representing GDC and the City. There may be other
legal requirements of the City Council to adopt a Resolution of
acceptance.
2. The City's acceptance of street and drainage improvements
in Unit 17, Phase II would be conditioned upon GDC improving the
other existing streets and drainage improvements in the completed
sections of Unit 16 and 17 to a standard acceptable by the City.
a. The agreement would establish a reasonable period
of time for GDC to complete any necessary
reconstruction.
b. The contract would establish an acceptable
standard. We would anticipate that the standard
would be approximately the same as Unit 17, Phase
II street and drainage improvements.
c. GDC's reconstruction of existing street and
drainage improvements in Units 16 and 17 would be
subject to inspection by City representatives and
paid for by GDC, as was the case in Unit 17, Phase
II.
4. The agreement would provide a process for acceptance of
the street and drainage improvements as reconstructed in Units 16
and 17 and include, at a minimum:
a. As built plans certified by GDC's engineer.
b. Certification by the City's engineer.
C. Resolution of acceptance by the City Council.
5. The agreement would enumerate the warranty period for
all improvements accepted. Generally, we should look for a one
(1) year warranty period. However, the City may want to give
some consideration to waiving a warranty bond.
RECOMMENDATION:
I have advised GDC that I 've placed this item on the City
Council Agenda for the February 8, 1989 Meeting and have invited
Mr. Kulczycki to participate in the discussion. The acceptance
of streets and drainage improvements for perpetual maintenance is
an important decision by the City Council. Therefore, careful
attention should be paid to the details of the improvements to be
accepted and the process to be used to accept improvements.
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RE: Sebastian Highlands Unit 16 and 17 Page #3
The older improvements in Units 16 and 17 which have not been
accepted by the City are in dire need of upgrading. Many of the
streets are in areas where there are existing homes and the
streets are in daily use by the citizens and residents of these
areas. Although GDC has the legal responsibility for maintenance
until the improvements are accepted by the City, I feel it
incumbent upon us to work toward an agreement with GDC to upgrade
the facilities to a standard acceptable by the City for
maintenance which will relieve GDC from the maintenance expense
of the facilities. Therefore, I recommend that the City Council
authorize and direct the City Attorney to draft an agreement
between the City and GDC to effect a smooth transition of the
maintenance responsibility from GDC to the City of Sebastian.
/jmt
CC: George Kulczycki, Director Community Development
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