HomeMy WebLinkAboutProof of Claim to GDC• •
FRESE, FALLACE, NASH & TORPY, P.A.
ATTORNEYS AT LAW
GARY B. .'.WRESE t
JAMES H. FALLACE
CHARLES IAN NASH
VINCENT G. TORPY. JR.
ELISE A. SINGER
RICHARD E. TORPY
GREGORY S. HANSEN
J. PATRICK ANDERSON
WILLIAM A. GRIMM
OF COUNSEL
VIA AIRBORNE EXPRESS
RECEIVED DEC - 7 1990
Dee --ember 6, 1990
General Development Corporation
c/o U.S. Bankruptcy Court
P.O. Box 03391
Miami, FL 33101
930 S. HARBOR CITY BLVD.
SUITE 505
MELBOURNE. FLORIDA 32901
(407) 084.3300
PAX (407) 051-5741
t BOARD CERTIMCD IN
TAXATION
BOARD CERTIFIED IN
ESTATE PLANNINO AND PROBATE
D
Gti
Re: General Development Corporation / City of Sebastian
Chapter 11 Bankruptcy
Dear Clerk:
Enclosed for filing, please find four (4) separate Proof of Claim
forms with regard to the above -referenced case.
Sincerely,
FRESE, FALLACE, NASH & TORPY, P.A.
Richard E. Torpy
RET/lbg
Enclosures as stated.
bcc: City of Sebastian
UN& STATES BANKRUPTCY COURT
RECENED J U L 3 0 iJ✓1�
S THERN DISTRICT OF FLORIDA
PROOF OF CLAIM
Chapter 11
GENERAL DEVELOPMENT CORPORATION Case Nos. 90.12231•BKC-AJC through
c/o U.S Fankruptcy Court 90.12236-BKC-AJC Inclusive
and 90.12337-BKC•AJC through
P.O. Box 013391 90-12339-BKC•AJC Inclusive
Miami, Florida 33101
FLEASE READ THE INSTRUCTIONS ON THE REVERSE SIDE CAREFULLY BEFORE FILLING OUT THIS PROOF OF CLAIM
A. DEBTOR: GENERAL DEVELOPMENT CORPORATION ( GOD') 90.12231-BKC-AJC
B. CREDITOR INFORMATION
(The creditor is the person or other entity to whom the debtors owe money or property)
Name and Address of Creditor 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
here if this claim,
replaces a previously filed claim dated:
amends a previously filed claim dated:
supplements a previously filed claim dated:
the amount of claim you previously flied: (if any):
BASIS FOR CLAIM
Check box and attach copy of
assignment if claim has been assigned
to you.
In re:
General Development Corporation ( GCC)
General Development Financial Services, Inc.
General Development Resorts, Inc.
Florida Residential Communities, Inc.
Five Star Homes Group, Inc.
GOV Financial Corporation
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 were a
holder of Bonds, Debentures, Stocks or Stock
Warrants with no scheduled claim other than
for principal and/or Interest or equity.lf 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
C. CLAIM INFORMATION The amount of claim you previously filed (If any):
CONTRACT FOR PURCHASE OF HOME
BONDS and/or DEBENTURES
If you have checked STOCKS and/or STOCK
__ CONTRACT FOR PURCHASE OF LAND
(principal and Interest)
WARRANTS, PLEASE BE ADVISED THAT THE
GOODS SOLD AND/OR SERVICES
STOCKS and/or STOCK WARRANTS
LIST OF SHAREHOLDERS FILED BY THE
PERFORMED
WAGES / BENEFITS
DEBTORS CONSTITUTES PRIMA FACIE
-------MONIES LOANED
X__OTHER (DESCRIBE BRIEFLY)
EVIDENCE OF THE VALIDITY AND AMOUNT OF
-----PERSONAL INJURY/WRONGFUL DEATH/
PROPERTY DAMAGE
Debtor breached ob li ation UI1derTHOSE SHAREHOLDERS' INTEREST AND IT
g SHALL NOT BE NECESSARY FOR THEM TO FILE
___ TAXES (Describe Briefly)
contract to improve and/or main
-A PROOF OF INTEREST.
Type of Tax
Taxable Period
tain streets and drainage In
If you have checked BONDS and/or
_. DATE DEBT WAS INCURRED: 8/ 15 /79
General Development projects In
DEBENTURES, you may not need to file
this Proof of Claim for principal
the City of Sebastian.
and/or interest due under such
BONDS/DEBENTURES. See Note 1 on
the reverse side of this form.
3. 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
try C` ECKING THE APPROPRIATE BOX OR BOXES which you believe best describes the claim.
STATE THE AMOUNT OF THE CLAIM IN U.S. DOLLARS.
PRIORITY CLAIM S
You have a priority claim if any of the following
ADDIV,
Wages, salaries or commissions (up to S2000),
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
S2.000, less amounts claimed under Section
507(x)(3) above) - 11 U.S.C. §507(a)(4)
Up to S900 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 penaltles of governmental units - 11 U.S.C.
§507(x) (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 Vehicle Other
X A3 ALL OTHER CLAIMS 9 4.247 ,9 59.92
For the purposes of this form, a claim Is ALL OTHER If
there Is no collateral, 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.
4. TOTAL AMOUNT OF CLAIM IN U.S. DOLLARS: S - S -µl4 s 247 , 9�9 qs 5 4,247,9S9.92
(Priority) (Secured) (Unsecured) (Total)
S. Att; ch 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
documents are not available, explain. If the documents are voluminous, attach a summary.
8. This form should =be used to make a claim for expenses Incurred of Ethe filing of the bankruptcy petition. Such expense may be paid only upon proper application and notice pursuant to 11
U.S.C. §503.
7. C. EDITS 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
r.gahist your claim.
8. To receive an acknowledgment of the receipt of your claim, enclose a stamped, self-addressed envelope and a copy of your claim.
D. CERTIFICATION
The undersigned certlfies under penalty of perjury that the debtor named above Is Indebted to the claimant In the amount shown, that there Is no security for
the debt other than that stated above or in an attachment to this form, that no unma'ured Interest is Included, and that the undersigned Is authorized to make this claim.
Date, Sign and
me Name and line, if any, of the Creditor or Other Person
Rr mart S. McClar)
to File this Claim.
City OVSebastian December 6, 1990
Pleere mail this form to GDC at the address set forth above. All claims ¢fust be received by December 10, 1990,
Penaity 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.
A G R E E M E N T
TfiIS AG REEffENT, made and entered into this j f�i
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day of August, 1979, by and between GENERAL DEVELOPMENT
CORPORATION (hereinafter called "General"), a Delaware
corporation authorized to do business in the State of
Florida, and the CITY OF SEBASTIAN (hereinafter called
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"City"), a municipality under the laws of the'State of
Florida;
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W I T N E S S E T H:
WHEREAS, General has recorded in the Official
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Records of Indian River County, plats subdividing lands
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within the City; and
WHEREAS, General has posted corporate performance
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bonds and/or surety bonds as security for the construction
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of roads and drainage facilities as shown on said plats; and
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WHEREAS, General has completed construction of
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roads and drainage facilities as shown on said plats; and
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WHEREAS, General having completed construction of
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all roads and drainage facilities In the recorded plats of
Sebastian Highlands Units 2 through 6 and 8 through 15, as
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recorded in the Official Records of Indian River County,
which were not previously accepted by City and having an
obligation to complete the roads and drainage facilities in
Units 16 and 17; and
WHEREAS, General's obligation is to have completed
construction of said roads and drainage facilities In ac-
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cordance with the requirements of the ordinances of the City
in effect at the date of acceptance by the City of the
plats, which were duly recorded by General; and
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WHEREAS, the City and General desire to resolve
all disputes between the parties in regard to construction
and reponsibility for road construction and maintenance in
Units 2 through 6 and 8 through 15 of the recorded plats of
Sebastian Highlands.
NOW THEREFORE, in consideration of the mutual
covenants contained herein and other good and valuable
consideration, Lice parties do hereby agree as follows:
1. The agreement entered Into between General
and City, dated the 9th of June, 1976, is hereby voided and
shall no longer have any force or effect.
2. General tier ewith pays to the City the sum of
two hundred thirty-three thousand dollars ($233,000.00) for
the purchase of maintenance equipment to maintain roads and
drainage facilities In the City of Sebastian, and to assist
in the reconstruction and/or repair of the Lake Hardee dam.
3• General herewith pays to the City the sum of
one hundred twenty-five thousand dollars ($125,000.00) to
assist the City in paying the cost of an access road to the
southern portion of the City of Sebastian from U.S. 1 to
Shumann Drive and to assist in paying for resurfacing major
arterial roads in the City, or for such other road and
drainage purposes as may be determined by the City Council.
4. The City by execution of this agreement,
which has been approved by a majority vote and resolution of
the City Council, City of Sebastian, does hereby accept as
completed by General in accordance with the Subdivision
Regulations of the City, all roads and drainage facilities
in Units 2 through 6 and Units 8 through 15 of Sebastian
Highlands, according to the plats thereof recorded in the
Official Records of Indian River County, except as stated in
Paragraph 15 herein, and the City henceforth shall be responsibile
for the maintenance of said roads and drainage facilities
within said plat units.
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5. General shall, upon execution of this agreement,
deed to the city for municipal
P purposes the twelve cre"
site located at the intersection of Barber Street and Arbor
Drive. This conveyance -by General shall be conditioned upon
General receiving from the Indian River County School Board
(the School Board) a letter relinquishing all right, title,
and interest in said tract.
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6• City shall, within sixty (60) days of the
date of this agreement, repeal that provision of Ordinance
No. 179, Paragraph 6.0 7-B, requiring construction of ten
(10) Percent of homes on a platted street prior to acc�
by the City of roads and.drainage facilities constructed by
developer.
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7. General shall conve
• Y to the City the tract
located at the intersection of Barber Street and Schumann
Drive inthe City, upon the''•+•"+
payment to General of the sum of
nine thousand five hundred sixty dollars ($9,560,00), The
conveyance wi 11 1 imi t the use of ther+'
parcel to school purposes
or such tract will revert back to the ownership of General
Development. General hereby acknowledges receipt from City
of the sum of nine thousand five hundred sixty dollars
($9,560.00) in full payment of this obligation.
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8, City discharges and release General, its
Officers, employees, stockholders, successors and assigns
from any and all obligations, liabilities or agreements
relating to the payment by General to tiie City of surety
bond premiums savings which have accrued or may in the
future accrue to General because of corporate performance
bonds posted with the City by General,
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9• General shall obtain an easement through the
Boy Scout propertyadjacent to Unit Five
� (5) of Sebastian
Highlands and shall construct, upon receipt of all necessary
permits if any are required, and as soon as practicable, any
necessary drainageway, as determined in its engineer's
opinion, to provide adequate drainage of the area to be
relieved by said drainageway, If permits are required
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General shall provide the technical expertise and
any necessary
engineering design or data for the City to apply for the
necessary permits. General shall construct such drainageway
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and obtain any permits entirely at its expense and at
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no
cost or further obligation to the City.
10. General will indemnify and legally defend at
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no cost to the City and save the City harmless From any and
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all actions or judgments, if an b
Y. y purchasers
of property
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from General who have any complaints or legal actions against
General in regard to the location and/or construction of
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drainageways in Life City.
11• General will complete a core boring program
and will reconstruct at General's expense City streets It -
Units 2 through 1
9 5 of Sebastian Highlands to provide (1)
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one
inch of asphalt wearing surface, as defined herein, where
deficiencies have occurred. As an alternative to such
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reconstruction, General, upon the City's request, shall
deposit with the City an amount computed at $33.00
`.
per ton
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of asphalt estimated as required to correct the deficiency,
for the City's exclusive use for road maintenance In the
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City. General will be obligated under this paragraph If the
results of the core borings, taken at the frequency of five
(5) borings per mile, indicate less than one (1) inch of
asphalt surface within a tolerance of minus (-)
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one quarter
(1/4) inch. Where deficiencies occur the area of•deficlency
shall be further defined by additional borings• General
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shall provide to the City the results of its core boring
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tests within ninety (90) days from the date of this
agreement.
The City within sixty (60) days of the receipt of such
report shall notify General of any roads for which It
requires
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funds to be deposited with the City, in lieu of paving work
to be done by General. Upon receipt of such n-tice by
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General from the City, General shall complete '.he
paving
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work required within one hundred eighty (180) days
or will
pay the funds to the City, at the City's option.
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12.. C 1 ty, upon execution of tills agreement,
hereby accepts the construction of all roads and drainage
facilities and will thereafter maintain such roads and
drainage facilities in Units 2 through 6 and 8 through 15 1n
Sebastian Highlands, as recorded in the Official Records of
Indian River Count y, except as stated herein in Paragraph
i5, and does hereby release and forever discharge General
and its officers, employees, stockholders, successors and
assigns from any and all obligations, under corporate bonds
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or surety bonds previously posted with the City to guarantee
construction and/or maintenance of roads and drainage facilities
in the aforesaid units, Including, but not limited to the
bonds shown on Exhibit "A" attached hereto.
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13. City�•��
does hereby release and forever discharge
General and its officers, employees, stockholders,�'
successors
and assigns from any and all other obligations, claims,
warranties, liens, right of action or other legal remedies
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of whatever nature or kind which may have arisen or could
have arisen between the parties prior to the date of this
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agreement.
14. General and City agree that when General
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completes construction of the roads and drainage facilities
in Units 16 and 1 7 it shall submit them to the City for
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acceptance for maintenance by the City. The City shall
within a reasonable time inspect said roads and drainage
facillities in Units 16 and 17 to assure completion of
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construction in accordance with the Subdivision Regulations
in effect at the time of plat recordation. Once such dater-
mination is made the City shall by resolution accept such
road and drainage facilities for maintenance by the City and
shall release all outstanding bonds posted for said units.
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15. General shall complete the excavation and
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installation of bulkheads in accordance with its orlginal
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• development plans, consistent with General receiving applicable
permits which General shall use its good faith
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efforts to
obtain. for: (1) Collier Creek from Felismere Highway to its
intersection with Elkcam Waterway; and (2) Elkcam Waterway
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in its entirety. General shall maintain these waterways at
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Its expense until the excavation work is completed. Upon
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completion of the excavation work, the City shall
accept.
these waterways for maintenance.
Executed on behalf of the City of Sebastian in
accordance with a resolution passed by majority vote of the
City Council at its meeting on the // �a y o f I-�_id �f
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1979.
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GENERAL DEVELOPMENT CORPnRAT I ON
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Wi 1 1 1 am R4- AVt 1 lea
, Pres dent
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Attest l<•_
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Wayne L. A I I e n
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Vice President
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CITY OF SEBASTIAN, FLORIDA
By
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Patrick Flood, Mayor
Attest: 4
.r
City Clerk
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