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HomeMy WebLinkAbout1997 07 09 Agreement with Adams & Assoc. Dev. Inc.city of Sebastian, Florida Subject: Letter of Agreement Between Adams Agenda No. �I% / 7 8 and Associates Developers, Inc., Developers of Collier Creek and the City of Sebastian Department Origin: City Manager Approved for Submittal by: City Manager Date Submitted : July 1, 1997 ui • For Agenda of: July 9, 1997 Exhibits: 0 Proposed Letter of Agreement ® Transcript of a portion of the Special City Council Meeting, held April 16, 1997 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION I LREQUIRED:N/A N/A REQUIRED:N/A SUMMARY On April 16, 1997, an issue was discussed before the City Council regarding Collier Creek Estates and whether or not the current design suitably addressed certain drainage issues based on anticipated seasonal high water levels. Subsequently, it was decided to provide an opportunity for the developer to maintain the streets for a period of one (1) year before maintenance acceptance by the City. It was further agreed that during that period of time, should any problems be identified relative to the streets that subsequent plat filings would not occur until such problems were corrected. Mr. Warren Dill, Attorney for the developer, has proposed the attached Letter of Agreement that he would like to have the City execute. The Letter of Agreement has been reviewed and deemed to be adequate based on the decisions taken at the April 16, 1997 meeting. RECOMMENDATION Authorize the City Manager to execute the Letter of Agreement between the City of Sebastian and Adams and Associates Developers, Inc., setting forth the appropriate street maintenance provisions as identified. WARREN W DILL, PA. 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. On 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 phise 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, Adams Ass evelopers, 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: Thomas W. Frame City Manager JUN -02-1997 11:43 WARREN W. DILL, P.R. 561 589 5212 P.02 WARREN W. DILL, P.A. ATTORNEY-AT-LAW WARREN W, DILL MEM BER OF: FLORIDA BAR WYOMING BAR NEBRASKA BAR June 2, 1997 Valerie Settles, City Attorney City of Sebastian 1225 Main Street Sebastian, FL 32958 BY FACSIMILE TRANSMISSION THIS DATE re: Collier Creek Estates Dear Valerie: 1515 U.S. HWY. 1. SUITE 201 SEBASTIAN, FLORIDA 32958 (561) 589-1212 FAX (561) 589-5212 Following Ls a proposed letter agreement for street maintenance responsibilities for your review. On a different but related matter, I understand from John King, through Bob Masserelli; that you have suggested that the city should give a Quitclaim Deed to my client in exchange for a drainage casement back to the City without a formal written Agreement. My client is willing to handle this anyway the City wants to proceed However, if we are going to handle this on an informal basis and simply exchange documents, we would prefer to have a Special Warranty Deed rather than a Quitclaim Deed. The reason for this is for title insurance purposes. Apparently, the title insurance underwriting attorney would prefer a Special Warranty Deed if it is going to be an informal exchange of documents. Please advise as to how you would like to proceed on both matters discussed in this letter at your earliest convenience. I have enclosed the: proposed Easement to the City, without legal description - By copy of this letter to my client I am requesting that they provide me with legal descriptions for deed and easement so that I can prepare the documents. Very truly yours, Warren W. Dill Enclosures July 16, 1997 Warren W. Dill, P.A. Attorney -at -Law 1515 U.S. Highway 1 Suite 201 Sebastian, FL 32958 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 D FAX (561) 589-5570 Re: Street Maintenance - Collier Creek Estates Dear Mr. Dill: Enclosed please find one executed original and one copy of the letter agreement between Harold Adams and the City of Sebastian for street maintenance within Collier Creek Estates. If you have any questions, please do not hesitate to contact this office. Sincerely, Kathryn M. b Halloran CMC/AAE City Clerk sam WARREN W. DILL, P.A. ATTORNEY-AT-LAW WARREN W. DILL MEMBER OR 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. On 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 of the 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, Adams & Associates a pers, Inc.(Developer) D Harold D. Adams, 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 Thomas W. Frame City Manager WARREN W. DILL, P.A. ATTORNEY-AT-LAW WARREN W. DILL MEMBER OF: FLORIDA BAR WYOMING BAR NEBRASKA BAR July 14, 1997 Mr. Thomas W. Frame City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 re: Road Maintenance Collier Creek Estates Dear Tom: 1515 U.S. HWY. 1, SUITE 201 SEBASTIAN, FLORIDA 32958 (561) 589.1212 FAX (561) 589-5212 Please find enclosed duplicate originals of the June 2, 1997 letter concerning road maintenance for Collier Creek Estates as approved by the city council on June 9, 1997. I have substituted July 0 ( the date of council's action) for June 2nd for the date of the letter. Except for that one change the letters are identical. Will you please sign both originals and return one to me. Thank you. Very truly yours, Warren W. Dill lac Enclosures SUN -02-1997 11:42 WRRREN W. DILL. P.R. WARREN W. DILL, P.A. Attorney At -Law OUR FAX NO. (561) 589-5212 DATE: June 2, 1997 TO: Valerie Settles, City Avomey LOCATION: Sebastian, FL FAX NO: 589-5570 NO. OF PAGES (INCLUDING COVER): 5 FROM: Warren W. Dill, Esq. 561 589 5212 P.01 1515 U.S. Hwy. 1, Suite 201 Sebastian, Florida 32958 Telephow: (5611)0 0 Red ^' City W ager's Office REMARKS: COLLIER CREEK - re: Letter to you with proposed letter to Thomas Frame and proposed Utility Em=ea ORIGINAL WILL (X) WILL NOT () FOLLOW. THIS FACSIMILE TRANSMISSION CONTAINS CONFIDENTIAL AND/OR LEGALLY PRIVILEGED INFORMATION FROM THE LAW OFFICE OF WARREN W. DILL, P.A., INTENDED SOLELY FOR THE USE OF THE INDIVIDUALS) NAMED ON THIS TRANSMISSION SHEET. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION BASED ON OR IN RELIANCE UPON THE CONTENTS OF THIS FACSIMILE TRANSMISSION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY US BY TELEPHONE IldEDIATELY SO THAT WE CAN ARRANGE FOR THE RETURN OF THE DOCUMENTS AT NO COST TO YOU. SUN -02-1997 11:44 md � � WL W_Du,Eq. Wean W. Div. PA 1315119. HWry. 1, SY 201 Sebutilm, Fk wida 32959 WARREN W. DILL. P.R. 561 569 5212 P.05 GRANT OF NON-EXCLUSIVE UTUX17Y EASEMENT This easement made and executed on the day of 1997, by Adams & Associates Developers, Inc., a Florida Corporation, whose address if P.O. Box 1047, Sebastian, Florida 32958, Grantor, to City of Sebastian, a municipal corporation of the State of Florida of Indian River County, whose address is 1225 Main Street, Sebastian, Florida 32958, Grantee. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor grants and conveys unto Grantee; its successors or assigns, a perpetual non-exclusive utility easement to lay out, construct, inspect, operate, maintain, repair and install utilities, together with the right to excavate and refill trenches for the location of said utilities, and the further right to remove trees, buses, undergrowth and other obstructions interfering with the location, construction and maintenance of the utilities, all over, under, across and through the following described land: See Exhibit A attached hereto and by this reference made a part hereof The term "Grantee' as used herein, means Grantee and Grantee's successor and assigns. If any provisions of this Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of this Easement and the application of such provisions to persons or circumstances other than those as to which the provision or application is found to be invalid shall not be affected. IN WITNESSETH WHEREOF, the Grantor has executed this Non -Exclusive Easement on the day and year fust written above. Signed, sealed and delivered GRANTOR- in RANTORin our presence: WITNESSES: Adams & Associates Developers, Inc., a Florida Corporation (Sigiettae) By: (Print) Harold A- Adams, President (Sisnanue) "SEAL" (Print) _ STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this _ day of 1997, by Harold A- Adams, as President of Adams & Associates Developers, Inc-, a Florida Corporation, on behalf of the corporation. He is personally known to me or has produced as identification. "SEAL„ Notary Public My Commission Number is: My Commission Expires: C71 TOTAL P.05 1!� 1i