HomeMy WebLinkAbout1990 04 04 - Police Dept SiteCity of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
M E M O R A N D U M
DATE: April 4, 1990
TO: W.E. Conyers, Mayor
FROM: Robert S. McClary a+,/11,
RE: Chesser's Gap Police Department Site
At your request, I am pleased to respond to your questions
received on April 2, 1990 regarding the police station site at
Chesser's Gap. For your information, I have reviewed these
questions and concerns with the City Attorney.
1. Any bilateral agreement is effective only upon the
signatures of both parties. The buyer, in this case the City, did
in fact sign the agreement first as you suggest.
2. We do not have cost estimates to date on the costs of
the off site improvements including construction of a portion of
Fleming Street and construction of the access drive along the
east property line. City Engineer, David Fisher is seeking
proposals from consulting engineers to provide this information.
3. Fleming Street is to be extended a total distance of
470 lineal feet. This 470 lineal feet starts at the property line
at the CR 512 right-of-way and extends 470 feet south of that
point. Therefore, Fleming Street would not be extended through
the entire length of the development.
4. The dedication agreement binds the developer, not the
City. The City is under no obligation to construct a police
station at this site.
RE: Chesser's Gap Police Station Site Page #2
5. Under the terms of the agreement, the developer is to
receive, as a part of the consideration of the agreement, excess
fill material.
6. I negotiated the agreement. The City Council initiated
the proposal and directed staff to negotiate an agreement with
the property owner. Further, the City Council was kept informed
during the entire negotiating process. In fact, a letter of
understanding was submitted to the City for ratification so that
neither the City nor the developer would needlessly spend time or
money in developing agreement through, expenses of attorney fees,
surveying expense, etc.
Should you have additional questions, will you please call?
/jmt
cc: Members of Sebastian City Council (with attachment)
; ,, 1, � %, (,-=/r
"'Y
RECEIVE[) APR - l 199U
CHESSERS GAP POLICE DEPARTMENT SITE
1. Agreement should have been signed by the developer first.
( A property seller never signs a contract b5 fore the
buyer. The buyer would then have the option to change
the terms.)
2. The city should not have entered into any agreement
without knowing what the cost was going to be. It has
been several months since the agreement was signed by the
city and no costs estimates have been received nor the
agreement signed by the developer, altho he has asked
for recreational land waivers based on the agreement.
3. In reading the agreement, I am confused as to exactly
how much road is to be constructed. On page 4, Article 3,
item a -i, "The City, at its expense, shall construct a
two lane road within the confines of the parcel of real
property identified on Exhibit "B" whereby the street
know as Fleming Street shall be extended for a distance
of 470' starting at the southern right-of-way boundary
of CR 512 and continuing south." flow far south? For
470' or through the length of the development?
4. Page 1, Article 1. says that the irrevocable offer to
dedicate must be adopted within 60 days or the offer
expires. What about the developer taking much longer
than 60 days. Can the city withdraw the acceptance of
the offer?
5. Page 12, Article 16. Miscellaneous. The city agrees to
give the developer, at no charge, -any land materials
that are excavated from the property that�in excess of
any fill needed. (The City digs it, he hauls it, he
gets paid for it. Why couldn't the City sell any excess?)
5. Who negotiated this agreement?