HomeMy WebLinkAbout1990 04 12 - Request for Engineer ReviewO�
ME OF PELICAN \gam
City of Sebw
POST OFFICE BOX 780127 ❑ SEBASI
TELEPHONE (407) 589
FAX 407-589-557(
12 APRIL 1990
LINDAHL, BROWNING, FERRARI & HELLST
2222 COLONIAL ROAD, SUITE 201
FORT PIERCE, FL 34950
ATTENTION: RICHARD WILSON
VERO BEACH OFFICE [PHONE 567-20651
RE: ENGINEERING EVALUATION & PRELIMINARY COST ESTIMATE
ACCESS ROADS FOR PROPOSED NEW POLICE STATION
AT CHESSER'S GAP PROPERTY
Dear Richard,
Per our telephone conversations today, this will confirm the
City of Sebastian's request to your firm to perform and
provide the subject engineering evaluation and preliminary
cost estimate(s).
That is:
1) Review the owner's proposed engineering design for the
subject access roads and evaluate regarding whether
appropriate for the instant case.
Comment on alternative general engineering designs for
same that might be as or more appropriate.
2) Provide itemized preliminary cost estimate(s) for the
construction of each access road per the owner's proposed
design and for same pursuant to any alternative
engineering design(s) addressed in item #1 above.
The documents and information being made available to you for
purposes of this evaluation are:
a) Proposed dedication agreement between SEBASTIAN GENERAL
PARTNERSHIP, B.F.T., and the CITY OF SEBASTIAN.
[Photocopy attached.]
m o r e
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
12 APRIL 1990
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
2222 COLONIAL ROAD, SUITE 201
FORT PIERCE, FL 34950
ATTENTION: RICHARD WILSON
VERO BEACH OFFICE [PHONE 567-20651
RE: ENGINEERING EVALUATION & PRELIMINARY COST ESTIMATE
ACCESS ROADS FOR PROPOSED NEW POLICE STATION
AT CHESSER'S GAP PROPERTY
Dear Richard,
Per our telephone conversations today, this will confirm the
City of Sebastian's request to your firm to perform and
provide the subject engineering evaluation and preliminary
cost estimate(s).
That is:
1) Review the owner's proposed engineering design for the
subject access roads and evaluate regarding whether
appropriate for the instant case.
Comment on alternative general engineering designs for
same that might be as or more appropriate.
2) Provide itemized preliminary cost estimate(s) for the
construction of each access road per the owner's proposed
design and for same pursuant to any alternative
engineering design(s) addressed in item #1 above.
The documents and information being made available to you for
purposes of this evaluation are:
a) Proposed dedication agreement between SEBASTIAN GENERAL
PARTNERSHIP, B.F.T., and the CITY OF SEBASTIAN.
[Photocopy attached.]
m o r e
ENGINEERING EVALUATION - 12 APRIL 90
ACCESS ROADS FOR PROPOSED NEW POLICE STATION PG 2 OF 2
-------------------------------------------------------------
b) Letter dated 28 Feb 90 from owner's engineer, Mosby &
Associates, Inc., of Vero Beach, outlining their design
approach in this case. [Photocopy attached.]
c) Copy of site survey by Masteller, Moler & Reed of
Sebastian.
d) Preliminary design work and drawings available for your
review in the offices of Mosby & Associates in Vero Beach
(phone 569-0035).
This letter will also confirm our verbal agreement reached by
telephone with you today that:
You will perform and complete the subject engineering
evaluation and cost estimate(s) in time for a presentation
of your findings in a meeting with City of Sebastian staff
on next Wednesday afternoon, 18 April 90,at Sebastian City
Hall. [We have scheduled the meeting for 2:00 P.M. in the
City Manager's conference Room.]
And, that your total fee for same will not exceed our
budgeted maximum of $1950. [Please bill us for actual
time expended in accordance with your normal schedule of
billing rates.]
Thank you for your assistance in this matter. We look
forward to working with you. Any questions, please call me
at 589-5490.
You make take this letter as your Notice to Proceed.
Sincerely and on behalf of,
THE CITY OF SEBASTIAN
David W. Fisher
Interim City Engineer
Attachments
Copy: Robert S. McClary, City Manager
FRE9E. FFALI ACE.
NA.9n &. ToRPY. F.A.
ATTORNRYA AT LAW
930 R IIARRORCrrY Bixn.
St*IT6 606
MRt,RounNs. FI. 32001
(407) 084-3300
FAX (407) 061.3741
Ithis Agreement by the Dedicator (even without execution by the
City) shall constitute an irrevocable offer to dedicate the
parcels of real property as set forth in Paragraphs 2 and 3, in
accordance with the provisions of this Agreement for a period of
sixty (60) days. If this irrevocable offer to dedicate is not
accepted by the City by the adoption of the appropriate
resolution by the City Council of the City of Sebastian, Indian
River County, Florida, during such sixty (60) day period, then
this irrevocable offer to dedicate shall expire.
2. Dedication for Police Station Site. The Dedicator
hereby agrees to dedicate the parcel of land approximately 2.1
acres in area located in the Chesser's Gap P.U.D. whereby the
north property line of the site will run parallel to and
approximately 300 feet to the south of the southern right-of-way
boundary of County Road 512, as more specifically described in
the Warranty Deed attached to this Agreement and identified as
Exhibit "A", and by this reference incorporated herein, to the
(City, subject to the following conditions:
a. The City shall begin construction of a police
station on the parcel of land on or before December 31, 1991.
b. The architectural exterior appearance of the
building to be constructed by the City as a police station shall
be submitted for the approval of the Dedicator to ensure that the
building will be compatible with the overall aesthetics of the
development contemplated on the contiguous parcel of land
commonly known as "Chesser's Gap"; but the approval of the
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PmE:RE, FALLAcE.
Nmm & Toxrr. F.A.
ATTOFNRrrtAT LAW
930 9.1lAn Fort em Mxa
SUMO 505
Mre1,F. YRNR. FL 32901
(407) 984-3300
FAX (407) 961.3741
architectural exterior appearance of the building shall not be
unreasonably withheld by the Dedicator and the decision of the
Dedicator to approve or disapprove the drawings or plans
submitted by the City for such approval shall be communicated in
writing to the City within forty-five (45) days of the receipt by
the Dedicator of the proposed drawings or plans submitted by the
City.
C. After the expiration of a period of ten (10)
years commencing on the date the Warranty Deed identified on
Exhibit "A11 is executed by the Dedicator, the City may use the
parcel of real property identified on Exhibit "A11 for any public
purpose.
d. If prior to the expiration of the ten (10) year
period commencing on the date the Warranty Deed identified on
Exhibit "A11 is executed by the Dedicator, the City ceases to use
any building constructed on the parcel of real property
identified on Exhibit "A" as a police station site, then all of
the right, title and interest in such parcel of real estate,
together with all improvements constructed thereon, but not
including any personal property, shall revert to the Dedicator.
e. If at any time after the expiration of a period
of ten (10) years commencing on the date the Warranty Deed
identified on Exhibit "A" is executed by the Dedicator, the City
ceases to use the parcel of real property identified on Exhibit
"A" for public purposes, then all of the right, title and
interest in such parcel of real estate, together with all
3
FRrsm FALLAci9.
NA.9H & TORFY. F.A.
ATTORNICY4 AT LAW
030R IIARRoR CrrY Ai.vn
9VIT10 606
MRI.HOURN6. FL32901
(407) 084.3300
FAR (407) 961.3741
improvements constructed thereon, but not including any personal
property, shall revert to the Dedicator.
3. Dedication of Roadway and Road Right -Of -Way.
a. The Dedicator hereby agrees to transfer all of
its right, title and interest in the real property identified in
the Warranty Deed attached hereto and identified as Exhibit "B",
and by this reference incorporated herein, to the City whereby
such parcel of real property shall be used for a roadway and a
road right-of-way in accordance with the following conditions:
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 known as Fleming
Street shall be extended for a distance of 470.00 feet starting
at the southern right-of-way boundary of County Road 512 and
continuing to the south (hereinafter referred to as the "Fleming
Street extension").
ii. The City and the Dedicator shall agree upon
the basic design of the Fleming Street extension, but the
approval or consent of the Dedicator shall not be unreasonably
withheld. The parties agree that the roadway shall be a two lane
road, and they anticipate that it will contain a median and a
left hand turning lane on a portion of the northbound lane for
turning west onto County Road 512. The City shall, in its sole
discretion, determine the exact construction specifications and
width of the Fleming Street extension, and all other engineering
and safety criteria concerning the construction of the Fleming
4
FRE9E. FALLACE.
Na9x & Tojim, P.A.
ATTonN6TA AT LAR
930,% HArtnoR CrrT At.vn-
9tnTR 606
MF-I.nOVRNB. F7.32901
(407)984 3300
FAX (407) 961-3741
Street extension, subject to applicable state and local
requirements, but in exercising such discretion, the City need
not take into account the amount of anticipated usage of the
Fleming Street extension, other than such usage that will be
expected to occur due to the construction of the police station
adjacent to the Fleming Street extension.
iii. Dedicator agrees that the City shall
have no obligation to install any signalization in conjunction
with the Fleming Street extension, other than a stop sign in
connection with the intersection of the Fleming Street extension
and County Road 512 at or near the southeast corner with respect
to the traffic traveling northbound on the Fleming Street
extension. The Dedicator agrees and acknowledges that the
Dedicator will bear the financial obligations of any improvements
which are required to be made to the Fleming Street extension
occasioned by the development by the Dedicator, of the property
located adjacent to the Fleming Street extension which it
(currently owns or may hereafter acquire.
b. The Dedicator hereby agrees to transfer all of
its right, title and interest in the real property identified in
the Warranty Deed attached hereto and identified as Exhibit "C",
and by this reference incorporated herein, to the City whereby
such parcel of real property shall be used for a driveway for
ingress and egress by the City, and at the option of the City,
the public, from the police station site described in Exhibit "A11
to County Road 512. The City shall, in its sole discretion,
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FRESE. FALLACE.
NAs[t & Tow -Y, P.A.
ATTORNEYS AT I NW
930 S. Uumogt C'CYY HLVD.
SUITS 505
M6LuoUNN6. FI, 32001
(407) 984-3300
FAX (407) 051-3741
determine the exact construction design, specifications and width
of the driveway, and all other engineering and safety criteria
concerning the construction of the driveway, subject to
applicable state and local requirements.
4. Incorporation of Warranties. The Dedicator and the
City hereby agree that the warranties contained in the Warranty
Deeds identified on Exhibits "A", "B11 and "C" hereto are
incorporated herein by reference and are intended to be
enforceable against the Dedicator in the event of any breach
thereof. These warranties shall survive the acceptance of this
Agreement and the consummation of the transactions contemplated
by this Agreement, and shall not be merged into this Agreement or
the consummation of the transactions contemplated by this
Agreement.
5. Time is of the Essence. The parties hereto agree
that time is of the essence with respect to all obligations
created hereunder and the fulfillment of all conditions set forth
in this Agreement.
6. No Implied Agreements. The Dedicator and the City
acknowledge and agree that this Agreement does not constitute an
acceptance or approval by the City of any site plan of the
Dedicator, whether conceptual, preliminary or final, with respect
to any subdivision or other plat which the Dedicator has
submitted or intends to submit to the City for review or approval
in accordance with the Land Development Code of the City, as
amended from time to time.
9
FRESE. FALLAcE,
Nmgii & ToRPr. P.A.
ATTORNRY7 AT LAW
4130 9.11ARRORCrrY Bryn.
9111T6 606
MP.LROMINR. F1, 32001
(407) 094 -3300
FAX (407) 961.3741
7. Impact Fees. The Dedicator hereby acknowledges
that the City does not currently assess or levy impact fees with
respect to the development of real property located within the
corporate limits of the City. The Dedicator and the City
acknowledge, however, that Indian River County, a political
subdivision of the State of Florida, does currently impose impact
fees with respect to developments of real property located within
the boundaries of Indian River County, which includes the
corporate limits of the City. The Dedicator and the City hereby
agree that if any credit would be otherwise granted by Indian
River County against the impact fees which Indian River County
imposes which are based on the fair market value of any of the
land and right-of-ways being donated by the Dedicator to the City
pursuant to this Agreement, the City would waive any interest it
would have and such impact fee credit and hereby irrevocably
assigns such impact fee credit to the Dedicator. The City shall
be entitled to receive any impact fee credit granted by Indian
River County attributable to the expense that the City incurs
with respect to any improvements to the Fleming Street extension
or the right-of-ways made at the expense of the City.
8. Title Commitments; Surveys; Prorations. Upon
acceptance of this Agreement by the City, the City shall have the
option to secure, at its expense, title insurance commitments
issued by a Florida license title insurer agreeing to issue to
the City upon recording of the Warranty Deeds identified on
Exhibits "A", "B" and "C" attached hereto, an owner's policy of
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FRESE, FALL.ACE,
Naga & Tom -Y, P.A.
ATTORN6Y8 AT LAW
030 9.1 LAP Row Crry Ai -v u
SUITE 606
MBLHOVRNS. F1. 32001
(407) 084-3300
FAX (407) 061.3741
title insurance in the amount of the fair market value set forth
in Paragraph 10 of this Agreement, evidencing that the City is
receiving marketable title in accordance with the Title Standards
adopted by The Florida Bar, and insuring the City's title to both
of the parcels of real property without any exceptions thereto.
The Dedicator hereby warrants and covenants that it shall, at its
expense, clear any liens, encumbrances or title defects that
exist with respect to parcels of real property identified on
Exhibits "A", "B" and "C" which would otherwise render the title
to such parcels unmarketable in any respect. The Dedicator
warrants and covenants that there is ingress and egress to both
of the parcels of real property identified on Exhibits "A", "B"
and "C". Therefore, there shall be no liens, encumbrances or
title defects with respect to the parcels of real property
identified on Exhibits "A", "B" and "C" attached hereto which are
being conveyed by the Dedicator to the City.
After the acceptance of this Agreement by the City Council
of the City, the City shall have the option to, at its expense,
obtain surveys of each of the parcels of real property identified
on Exhibits "A", "B" and "C" attached hereto prepared by a
registered Florida land surveyor and certified in favor of the
City and the title insurance company issuing the owners title
insurance policy in favor of the City with respect to each of the
aforementioned parcels of real property.
Real estate (ad valorem) taxes shall be prorated through
the day before the date this Agreement is accepted by the City
M
FRF.9E. FALLAcE.
N&9 it & ToRi-t, P.A.
ATTORNEYS AT LAW
930 5. TTAR no CfPY PLY n.
SVITE 606
MEL)IOURNE, FL 32901
(407) 984-3300
FAX (407) 961$741
Council of the City.
9. Execution of Warranty Deeds. Contemporaneously
with the execution of this Agreement by the Dedicator, all of the
general partners of the Dedicator shall each sign the Warranty
Deeds identified on Exhibits "A", "B" and "C" attached hereto in
the presence of two witnesses and a notary public, and shall have
the witnesses sign the deeds as witnesses in the places provided
on the deeds and the notary public date and notarize each of the
deeds. The fully executed Warranty Deeds shall then be presented
to the city manager for the City along with an executed
counterpart of this Agreement for presentment to the City
Council. If the City Council does not resolve to approve
entering into this Agreement within the time period provided for
in Paragraph 1, the city manager shall return the executed
Warranty Deeds to the Dedicator. Provided, however, that if the
City Council shall duly approve entering into this Agreement
within the time period provided for in Paragraph 1, then the city
manager shall, through the appropriate charter officers of the
City, cause the original signed Warranty Deeds to be recorded in
the public records of Indian River County, Florida. The City
shall pay all recording costs and Florida Documentary Stamps
required to be affixed to the Warranty Deeds identified on
Exhibits "A", "B" and "C".
10. Representation of Fair Market Value_
a. The Dedicator hereby represents that the fair
(market value of the parcel of real property identified on Exhibit
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FRESE. FALLACE.
NA.m& Tomm P.A.
ATTc1RNICYR AT LAR'
030 K 11ARIYIR CrrY ALvn.
&TITR 606
MRLIMuRNR, FL 32001
(407) 094.3300
FAX (407) 061-3741
"A" attached hereto is $ (CA CcR'1 Ilp At the request of the
City, the Dedicator, through at least one of its general
partners, shall sign Florida Department of Revenue Form DR -219,
Return For Transfers of Interest in Florida Real Property,
setting forth the fair market value of the parcel of real
property identified on Exhibit "A11 attached hereto as having such
fair market value, and indicating that the transfer is a
charitable donation to the City.
b. The Dedicator hereby represents that the fair
market value of the parcel of real property identified on Exhibit
"B" attached hereto is $A4,910. V1 The Dedicator, through at
least one of its general partners, shall sign Florida Department
of Revenue Form DR -219, Return For Transfers of Interest in
Florida Real Property, setting forth the fair market value of the
parcel of real property identified on Exhibit "B" attached hereto
as having such fair market value, and indicating that the
transfer is a charitable donation to the City.
C. The Dedicator hereby represents that. the fair
market value of the parcel of real property identified on Exhibit
"C" attached hereto is $-111 5 -1 -Cc I The Dedicator, through at
least one of its general partners, shall sign Florida Department
of Revenue Form DR -219, Return For Transfers of Interest in
Florida Real Property, setting forth the fair market value of the
parcel of real property identified on Exhibit "C" attached hereto
as having such fair market value, and indicating that the
transfer is a charitable donation to the City.
lu
FRFSE. FFALI ACF.
NA.4A & TORry, F.A.
ATToRNEYR AT LAW
930KI ARmRCrrYf1Lvn
S111TE 606
MELPOURNE. FL 32901
(407) 084-3300
FAX (407) 961-3741
11. Notice. All notices or communications required or
permitted hereunder shall be in writing and shall be deemed to
be delivered when personally served upon the person to receive it
or three' (3) days after deposited in the United States Mail,
postage prepaid, registered or certified mail, return receipt
requested, addressed to the parties at the following addresses or
lat such other address as may have been heretofore specified by
written notice delivered in accordance thereof:
To City: Robert S. McClary, City Manager
City of Sebastian
Post Office Box 780127
Sebastian, Florida 32978
With Copy to: Charles Ian Nash, City Attorney
FRESE, FALLACE, NASH & TORPY, P.A.
930 S. Harbor City Blvd., Ste. 505
Melbourne, FL 32901
To Sebastian General Partnership, B.F.T.:
Sebastian General Partnership, B.F.T.
Attn: Henry A. Fischer,
General Partner
10725 U.S. highway 1
Sebastian, Florida 32958,
12. Entire and Sole Agreement. Except as specifically
stated herein, this Agreement and Exhibits "A", "B" and "C"
referenced herein constitute the entire agreement between the
parties and supercedes all agreements, representations,
warranties, statements, promises and understandings not
specifically set forth in this Agreement or in the documents
delivered in connection herewith. Neither party has in any way
relief, nor shall in any way rely, upon any oral or written
11
F'rtEM FALLAC n.
Naatc & ToRPY, P.A.
ATT(IRNICYR AT I.AR'
830 R I IAR BO R C rrT Bt,v n.
.gl ITR 606
MICLRUVRNE. FI, 32801
(407) 094-3300
FAX (407) 961-3741
agreements, representations, warranties, statements, promises or
understandings not specifically set forth in this Agreement or in
such documents.
13. ' Counterparts. This Agreement may be executed
simultaneously in two or more counterparts, each of which shall
be an original, but all of which together shall constitute one
and the same instrument.
14. Amendments. Neither this Agreement nor any term
hereof may be changed, waived, discharged or terminated orally,
but only by an instrument in writing signed by the party against
which enforcement of the change, waiver, discharge or termination
is sought.
15. Headings. The headings in this Agreement are for
purposes of reference only and shall not limit or otherwise
affect the meaning hereof.
16. Miscellaneous. The City shall make, available to the
Dedicator at no charge any land materials that are excavated from
the real property that is the subject of this Agreement at the
time the improvements are made to the parcels of real property
that are in excess of the land materials needed for such
improvements at the site of the real property, including for
drainage improvements, road base, building pads, parking lot pads
and driveway pads.
IN WITNESS WHEREOF, the parties hereto have caused this
Dedication Agreement to be executed in their names, by their
officers/partners thereunto duly authorized on the day and year
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FRE9E. FALLACE.
NAPA & ToRPY. P.w.
ATTORNICY9 AT LAW
030 R TTARRDRL'ITY 13I.VD.
-RU ITR boil
M ICI.Do URNS. FL 321101
(407) 984-3300
FAX (407) 051.3741
set forth in the notary clauses below.
ATTEST:
CITY OF SEBASTIAN
By
Richard B. Votapka, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(City Seal)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
SEBASTIAN GENERAL PARTNERSHIP,
B.F.T. a Florida General
Partnership
By:
Jo Bargas, Ge eral Partner
By:
c� Henry A. Fischer, General Partner
13
FRF,9F. FAIAACF..
NA.S11 & Tower. r.A.
ATTORNICYI AT 1.AW
030A.11ARw RCfTY111.x•Il.
SUITE 505
MRI,RuuRNR. FL 32001
(407) 094-3300
FAX (407) 051.3741
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared RICHARD B. VOTAPKA and
KATHRYN M. O'HALLORAN, personally known to me to be the Mayor and
City Clerk, respectively of the City of Sebastian, Florida, a
Florida municipal corporation, and that they severally
acknowledged before me that they executed the foregoing Agreement
for the purposes therein expressed, under authority duly vested
in them by said municipal body, and that seal affixed thereto is
the true corporate seal of the City of Sebastian, Florida.
IN WITNESS WHEREOF,
affixed my official seal
Florida, this day of _
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
., .Ir•A
I have hereunto set my hand and
at Sebastian, Indian River County,
, 1990.
NOTARY PUBLIC,
State of Florida at Large
My Commission Expires:
I HEREBY CERTIFY that on this day, before an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared JOHN BARGAS personally known
to me to be a General Partner of the Sebastian General
Partnership, B.F.T. a Florida General Partnership and that he
acknowledged before me that he executed the foregoing Agreement
for the purposes therein expressed, under authority duly vested
in him by said partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal at Sebastian, Indian River County,
Florida, this z z day of 1990.
NOTARY PUBLIC, '
State of Florida at Large
My Commission Expires:
WARE R WOLF
STATE OF FLORIDA
COMM, EW 12/7/93
BONDED
14
FR99E. FALLAcYr.
NA911 & ToRrv. P.A.
ATTIIRNXY� AT IAA.
P30 9.11ARROR CrrY 13i.vo.
SUITE 606
m1cf,11,'URNR. FL 32001
(407) 084.3300
rAX (407) 961-3741
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared HENRY A. FISCHER personally
known to me to be a General Partner of the Sebastian General
Partnership, B.F.T. a Florida General Partnership and that he
acknowledged before me that he executed the foregoing Agreement
for the purposes therein expressed, under authority duly vested
in him by said partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal at Sebastian, Indian River County,
Florida, this �= day of1990.
NOTARY PU LIC,
State of Florida at Large
My Commission Expires:
15