HomeMy WebLinkAbout1997 Council Approval of Street OwnershipWARREN W DILL, P.A.
ATTORNEY-AT-LAW
WARREN W. DILL
MEMBER OF:
FLORIDA BAR
WYOMING BAR
NEBRASKA BAR
July 9, 1997
Mr. Thomas W. Frame
City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
re: Road Maintenance
Collier Creek Estates
Dear Mr. Frame
1515 U.S. HWY. 1, SUITE 201
SEBASTIAN, FLORIDA 32958
(561)589-1212
FAX (561) 589-5212
This letter will confirm the arrangement for street maintenance within Collier Creek Estates that was
agreed to with the City Council on April 16, 1997. Based on the understanding reached that night,
the Construction Plans for the entire development of Collier Creek Estates (156.39 Acres) will be
approved by the City.
This development will be platted and constructed in phases. The required improvements for each
phase will be constructed before the Final Plat is presented to the City for approval. Ori the date the
City approves the Final Plat for each phase, it will accept ownership of the streets. For a period of
one (1) year from the date the City approves a Final Plat for a particular phase of the development
and simultaneously accepts ownership of the streets within that phase, Adams & Associates
Developers, Inc. (Developer) will be responsible for any and all maintenance required for the streets
within that phase.
Should a final platted phase have a problem with the streets that requires maintenance to be
performed during the one (1) year maintenance period, at the same time that the Developer requests
the City to approve a Final Plat for another phase, the City may refuse to approve the pending Final
Plat until the problem with the streets in the phase already platted, has been resolved.
Mr. Thomas W. Frame
July 9, 1997
Page Two
There are no time restrictions on when Final Plats for subsequent phases may be presented to the City
for approval. By way of example, the Final Plat for the second, third, fourth or other phases may be
presented to the City for approval at any time after the Final Plat for the first phase has been
approved, regardless of whether it is during the one (1) year street maintenance period or following
the conclusion of the one (1) year maintenance period. It is only if there is a street maintenance
problem during a one (1) year maintenance period, that the approval by the City of a Final Plat for
subsequent phases could be delayed and then the delay would only last until the necessary street
maintenance has been completed.
At the end ofthe one (1) year street maintenance period for each phase within Collier Creek Estates,
the responsibility of the Developer for the maintenance of the streets within that phase will cease and
thereafter, the City will be responsible for all street maintenance.
Sincerely,
AdamsAs tevelopers, Inc.(Developer)
13Y ` ,
Haro D. A ams, President
ACCEPTANCE
The terms and conditions contained within this letter are consistent with the City's understanding of
the street maintenance responsibility and are accepted by the City of Sebastian, Florida.
City of Sebastian
By: ( 0. a '
Thomas W. Frame
City Manager