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HomeMy WebLinkAbout1991 - Final Plat Performance Bond Required• ` 1 Qq St�P City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 June 13, 1991 Dr. Henry Fischer 10725 U.S. #1 Sebastian, FL 32958 Reference: Final Plat for Chessers Gap Dear Henry: Attached is a copy of the letter dated June 6, 1991 from City Attorney, Charles Ian Nash, in reference to the final plat for the Food Lion project. Enclosed is a copy of Section 20A -16.4.C.5 of the Land Development Code for your review which, Mr. Nash has indicated that you would have to have the certified cost estimate at the time of submission. In addition, enclosed is a copy of Section 20A-16.4.F.E which requires the applicant to enter into a contract with the City of Sebastian for the performance bond. Since this is something new to my knowledge, I would presume a simple contract between yourself and the City of Sebastian stating your intentions to complete the project in accordance with the Land Development Code and the posting of the surety bond. If you have any questions, please do not hesitate to give me at call at your convenience. Sincerely, B,t o4pe r Director of Community Development SC/gk fpcg.doc • • C 20A-16.4. SEBAS'rIAN LAND DEVELOPMENT CODE 5. Timing of inaproventents anchor posting of surety. In addi- tion to the foregoing requirements and items to be shown on the face of the plat, the final plat, when submitted, shall be accompanied by a statement of the developer indi- cating whether the required improvements are to be con- structed prior to the recording of the plat or after recording under guarantees posted with the city as provided for in this ordinance: a. Completion of improvements prior to issuance of build- ing permit. When the improvements are to be com- ple,ed prior to the recording of the plat, it shall be expressly understood that no building permits shall be issued for any structure on a lot wherein the final plat has not been approved and recorded in a manner pre- scribed in this ordinance. The approval to construct required improvements shall not be construed as au- thority for the sale of lots in reference thereto. b. Surety. When the required improvements are to be completed after recording under guarantees, as pro- vided in this ordinance, the final plat upon submittal shall be accompanied by the following: A certified cost estimate shall be prepared by the ap- plicant's engineer and shall include the cost of all required improvements and/or shall include contract bid for all work required to complete the required improvements. Such certified costs shall be subject to the approval of the city engineer. C. Additional guarantees. Guarantees in the amount equal to one hundred ten (110) percent of the sum of engi- neering and construction costs bases on the applicant's engineer's estimate or contract bid prices. The guar- antee shall be in one of the following forms: i. Cash deposit. ii. Personal bond with irrevocable letter of credit. iii. Surety bond (having a Best's rating of AAA). D.- Schedule of development phases. The applicant may sched- ule proposed development phases within any proposed subdivi- sion. The scheduled development phases shall have been speci- fied on the approved preliminary plat and shall be of such a size Supp. No. 7 1120 § 20A-16.4. SEBASTIAN LAND DEVELOPMENT CODE (c) A check made payable to the clerk of the circuit court of Indian River County for recording the plat in the amount established by that office. (d) A copy of the homeowner's association or condomin- ium documents if applicable. Such documents shall indicate the maintenance responsibility for the required improvements and shall provide for the formation of a special taxing district to assume maintenance respon- sibility for the required improvements in the event of the dissolution of the condominium or homeowners' association. (e) If the developer elects to construct the required im- provements after recording the plat, the following shall be submitted: (i) A contract, executed in triplicate, between the city and the applicant for the construction of re- quired improvements in the form so titled and set forth in the appendix* of this ordinance. (ii) Guarantees of one hundred ten (110) percent of the amount defined in subsection 20A-16.3(AX2). W Supplementary material designated by the city, i.e., deeds, easements, etc., when access, drainage, or util- ity services cannot be accomplished through platted rights-of-way deeds or easements to accomplish access, drainage or utility service. 1. Review by staff The city engineer and city attorney shall examine the final plat as to its compliance with the Con- stitution and Statutes of the State of Florida and the ordi- nances of the City of Sebastian and shall in writing, within thirty (30) days, or at such other time as shall be deter- mined by resolution of the city council, report their find- ings, recommendations or approval to the applicant. Such action shall be specified in writing: a. If any deficiency exists, a reference shall be made to the specific article or section with which the final plat does not comply. Any such deficiency shall be corrected by the applicant upon written notice. *Note—This appendix is not included herein but is kept on file in the office of the city clerk. 1122 • FRESE, FALLACE, NASH & ToxPY, P. A. ATTORNEYS AT LAW GARY B. FREsEt JAMES H. FALLACE CHARr.Es IAN NASH* VINCENT G. TORPY. JR - RICHARD E. ToRPY GREGORY S. HANSEN J. PATRICK ANDERSON LAURA L. ANDERSON WILLIAM A GRIMM OF COUNSEL VIA HAND DELIVERY Bruce Cooper, Director of Community Development City of Sebastian 1225 Main Street Sebastian, FL 32958 June 6, 1991 Re: Final plat for Chesser -'s Gap Proposed Resolution No. R-91-21 Our File No. 90-6258 Dear Bruce: 930 S. HARBOR CITY BLVD. SUITE 505 MELBOURNE, FLORIDA 32901 (407) 984-3300 FAX (407) 961-3741 t BOARD CERTIFIED IN TA4ATION *BOARD CERTIN'IED IN ESTATE PI.ANNINO AND PROBATE Enclosed please find a proposed draft of Resolution No. R-91-21 for your review. Please note that the Applicant still will need to comply with the requirements for posting a bond or other surety and a certified cost estimate in accordance with Section 20A -16.4.C.5 of the Land Development Code. In addition, if the final improvements are not to be completed by the Applicant prior to the recording of the final plat, the Applicant will need to enter into a contract with the City of Sebastian in accordance with the requirements of Section 20A -16.4.F. of the Land Development Code as set forth in paragraph (e) contained on page 1122 of the Land Development Code. Therefore, I cannot sign off on the final plat nor recommend to the City Council that the enclosed Resolution be passed, until the technical requirements of the Land Development ode are fully complied with. If you have any questions concerning this matter, please do not hesitate to contact either J. Patrick Anderson of our law firm or myself. Very truly yours, ;FRES ,FALLACE, NASH & TORPY, P.A. LES IAN NASH y Attorney CIN/dlb Enclosure as stated