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Home My WebLink AboutLot 4City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MEMORANDUM DATE: January 10, 1989 TO: Richard B. Votapka, Mayor & Sebastian City Council FROM: Robert S. McClary RE: Barber Street Sports Complex I have attached correspondence to owners of the remaining two lots to the North of the Barber Street Sports Complex along Rosebush Terrace. I have made offers to Mr. & Mrs. Sorenson of Panama City, FL to purchase their lot for fair market value and have requested General Development Corporation, the owner of the other tract to donate the property to the City of Sebastian. Under State law, these written documents are considered confidential. However, should you have questions, will you please call? /jmt Attachment City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 January 10, 1989 Mr. & Mrs. John A. Sorenson 616 South Highway 30A Panama City, FL 32401 Re: Rosebush Terrace Dear Mr. & Mrs. Sorenson: The City of Sebastian is in the process of planning a recreation complex known as the Barber Street Sports Complex. This facility is located on Barber Street between Rosearbor and Rosebush on approximately a 16 acre tract. We anticipate that the development will consist of five (5) lighted recreation fields including softball, little league, senior league, football, soccer and a creative playground complex. Our records indicate that you are the owner of Lot 3, Block 208, Unit 10, Sebastian Highlands, located on Rosebush Terrace. The City of Sebastian owns all the property surrounding your lot. Except for the street right-of-way, the property will be incorporated into the development plan for the sports complex. It is our hope to purchase your property and likewise incorporate this property into the sports complex plan. We propose to purchase your lot for the sum of $4,000.00. Should you wish to sell this property, please contact me so that we may put together a written agreement. Should you wish to discuss this matter with me, please feel free to call at your convenience. I shall appreciate hearing from you in the near future. Sincerely, Robert S. McClary City Manger RSM/jmt City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 January 10, 1989 Mr. George Kulczycki General Development Corporation Director of Community Operations 2055 S.E. U.S. Highway #1 Vero Beach, FL 32962 Re: Rosebush Terrace Property Dear George: The City of Sebastian is in the process of planning a recreation development known as the Barber Street Sports Complex. This project is located on approximately a 16 acre tract of land on Barber Street between Rosebush and Rosearbor. The project may consist of five (5) lighted fields including softball, little league, senior league, football and soccer as well as, a creative playground. The City has been acquiring the building lots to the North of the primary tract along Rosebush Terrace. Our records indicate that General Development Corporation owns Lot 4, Block 208, Unit 10, Sebastian Highlands. This lot is located on Rosebush Terrace. The City has acquired all the surrounding property and is incorporating these lots into the development plan for the Barber Street Sports Complex. We wish to incorporate lot 4, owned by you, into the development plan. We want to give you this opportunity to donate this lot to the City of Sebastian as a gesture of goodwill. Therefore, I am pleased to offer the sum of $1.00 for this property. If General Development Corporation is interested in donating this tract of land to the City, will you please contact me? Thank you for your consideration of this request and I look forward to hearing from you in the near future. Sincerely, Robert S. MCClary RSM/jmt City Manager n City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 January 18, 1989 Mr. George R. Kulczycki General Development Corporation 2055 S.E. U. S. #1 Vero Beach, FL 32962 Re: Barber Street Sports Complex Dear Mr. Kulczycki: Thank you for your letter of January 12, 1989 in response to the City's request for General Development Corporation to donate Lot 4, Block 208, Unit 10, Sebastian Highlands as an addition to the Barber Street Sports Complex. Your letter states that this sounds like a good community project. I agree. Your letter further suggests that we may be able to work the donation of this lot into some sort of plan for road acceptance in Unit 16 and 17. I disagree. I fail to see any reasonable relationship between this tract of land and the City's acceptance of streets in Units 16 and 17. I will not carry a recommendation to the Sebastian City Council that includes a conditional donation from General Development Corporation to City of Sebastian for this one (1) building lot. The City of Sebastian will accept maintenance responsibility for the roads and drainage structures in Units 16 and 17 based solely on the improvements meeting the required construction standards and specifications. Should General Development Corporation wish to donate the building lot as a community project, please forward a deed. Should General Development Corporation wish to sell this property, please advise us of your asking price so we may begin negotiations. Should General Development Corporation wish to do neither, please so advise so that the City may initiate other appropriate action. Again, thank you for your letter of January 12, 1989 and I look forward to hearing from you in the near future. Sll�r Robert S. McClar'y ii— City Manager !� RSWjmt cc: Richard B. Votapka, Mayor & Sebastian City Council Bruce Cooper, Director Community Development Randy Mosby, Mosby & Associates, Inc. Horry Johns, City Engineer Villages of Sebastian Highlands RECEIVED JAN, 9 7 fybg 2055 S.E. US #1 VERO BEACH, FL 32962 (3051569-4300 January 12, 1989 Robert McClary City Manager City of Sebastian P. O. Box 780127 Sebastian, Florida 32978 Dear Robert: Your request and need for lot 4, block 208, Unit 10 sounds like a good community project. Maybe we can work this in with the Cities plans for road acceptance in Unit 16 and 17. Please give me a call if you have any questions. Sincerely, D_ J George R. Kulc ki Director of Comm 'ty Operations GRY,/sr A General Development Community A City Investing Company City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 March 2, 1989 Mr. George Kulczycki Director of Community operations General Development Corporation 1243 South U.S. #1 Vero Beach, FL 32962 Re: Sebastian Highlands Units 16 & 17 Dear Mr. Kulczycki: The City Council of the City of Sebastian has authorized its City Attorney and City Manager to prepare a draft agreement which would outline the City's acceptance of the street and drainage improvements for the above referenced units. City Attorney, Charles Nash is authorized to prepare a draft agreement. However, Mr. Nash has recently undergone surgery and has not been afforded the opportunity to begin working on this project. Please be assured that this priority project and we hope to be in contact with you in is a the near future to set some meeting dates. I have also recently discussed with you the City's need to acquire Iots 3 and 4, Block 208, Unit 10. The City is designing a youth oriented sports complex and our plans have incorporated these two lots. The two lots are essential to our plans and I will recommend an eminent domain procedure if necessary, but only as a last resort. Anything you could do to facilitate the transfer of ownership to the City of Sebastian will be much appreciated. We look forward to working with you on these projects. Sincerely, lbert S. zm lary City Manager RSWjmt cc: Charles I. Nash, City Attorney Richard B. Votapka, Mayor & Sebastian City Council City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 May 19, 1989 FAX CONFIDENTIAL TO: CHARLES I. NASH, CITY ATTORNEY FROM: ROBERT S. McCLARY, CITY MANAGER SUBJECT: REAL ESTATE TRANSACTIONS Please prepare real estate contracts for the City to acquire two lots adjacent to the Barber Street Sports Complex. The offer price for each lot is $4,500. These lots will be an addition to the Barber Street Sports Complex. I suggest that we extend approximately thirty (30) days for the property owner to accept or reject our offer. The lots are as follows: Lot 3, Block 208, Unit 10 Sebastian Highlands John A. and Grace A. Sorenson 616 South Highway 30A Panama City, Florida 32401 Lot 4, Block 208, Unit 10 Sebastian Highlands General Development Corporation 1111 South Bayshore Drive Miami, Florida 33131 Upon receipt of the documents from you I will forward these contracts in the form of an offer to the property owners. Should you have questions will you please call? RSM:lr *SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check box(es) for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery 1(Extra charge)t t (Extra charge)t 3. Article Addressed to: 4. Article Number Mr. George Kulczycki P-534 256 373 Type of Service: General Development Corp. ❑ Registered ❑ Insured 1243 South U.S. #1 INCertified ❑ COD Vero Beach, Fl. 32962 ❑ Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addressee �i 8. Addressee's Address (ONLY if X requested and fee paid) 6. SMr, et X ,� 7. Daipp, li r_y� PS Form' 3811, Mar. 1987 - * U.S.G.P.O. 1987-178-288 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS Print your name, address, and ZIP Code in the space below. • Complete items 1, 2, 3, and 4 on the reverse. • Attach to front of article if space permits, otherwise affix to back of article. • Endorse article "Return Receipt Requested" adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO Robert S. MicClary, City Manager City of Sebastian P. 0. Box 780127 Sebastian, Florida 32978 E City of Sebastian POST OFFICE BOX 78012713 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 CERTIFIED MAIL June 2, 1989 Mr. George Kulczycki Community Development Director General Development Corporation 1243 South U.S. #1 Vero Beach, FL 32960 Re: Lot 4, Block 208, Unit #10, Sebastian Highlands Dear George: Please consider this letter our formal offer to purchase the above referenced lot. I enclose a proposed Contract for Sale and Purchase between General Development Corporation and the City of Sebastian. We have carefully reviewed the value of lots in this block. In fact, we have purchased seven (7) of the nine (9) lots in this block which are needed for this project. We believe the offer of $4,500 accurately reflects the value of this lot. We ask you to carefully consider our offer. This lot is an integral part of the design of the overall Barber Street Sports Complex, which is a youth oriented complex consisting of five (5) playing fields. At least four (4) of the fields will be lighted for night play. Additionally, the Barber Street Sports Complex is the location of Sebastian's Creative Playground. Be assured that the City of Sebastian wishes to work with you in acquiring this real estate. Should you have any questions or concerns, I ask you to contact me. I point out that we would also consider arranging for a trade of a similarly situated lot within the Sebastian Highlands should you prefer to look at a trade as opposed to a sale. The City is finalizing its plans for the Barber Street Sports Complex. Therefore, we shall appreciate your response to this offer at your earliest possible convenience. George Kulczycki General Development Corporation June 2, 1989 Page #2 I must point out, that this offer is subject to ratification by the City Council of the City of Sebastian. I look forward to hearing from you in the near future. However, should you have questions, will you please call? Sincerely, �Q Robert S. McClary City Manager RSM/jmt Encl. CONTRACT' FOR SALE AND FIUH HAsL PARTIES: GENERAL DEVETAPMENT CORPORATION rseoer"). (Phone ), and UEL Y UN' btbA517Ar ,, V Lk)X1LA, A 1' LJKlIJA MIJIN1L.11'AL WKI'UKAIIUIN , (•&ner'), pfC/O MESE, FALLACE,_NASH & TORPY, P.A. 930 S. HARBOR CITY BLVD., MELBOURNE (Phone 984-3300 1, hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Properly") upon the following terms and conditions which INCLUDE the Standards for Real Estate Transactions ponied On the reverse or attached ("Starxtard s ") and any addendum to this instrument. 1. DESCRIPTION: (a) Legal description of Real Property located in INDIAN RIM County, Florida: (b) Street address, city, zip, of the Property is: BARBER ST=- SEBASTIAN, FLORIDA (c) Personalty: NONE — VACAW LAPID 11. PURCHASE PRICE .................................................. ........................... ...........................................................$ 4.500.00 PAYMENT: (a) Deposit(s) to be hell in escrow by FRL' 4E, FALLACE, NASH & TORPY, P.A. in the amount of $ 100.00 (b) Subject to AND assumption of. mortgage in good standing in favor of NA NA having an approximate present principal balance of $ 0.00 (c) Purchase money mortgage and mortgage note bearing annual interest at NA % on terms set forth herein, in amount of .......... $ 0.00 (d) Other: NA $ 0.00 (e) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), Subject to adjustments and proration ....................... $ 0.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties on or before JIM 26- 1989 , the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. FINANCING: (a) If the purchase price or anyof it to be financed by a third party loan, this Contract for Sale and Purchase ("Contract") is conditioned on the Buyer obtaining a written commitment for the loan within art days from Effective Date, at an Initial interest rate not to exceetlN�term of NA years; and in the principal amount of $ NA . Buyer will make application within NA days from Effective Date, and use reasonable diligence to obtain the ban com- mitent and, thereafter, to meet the terms and conditions of the commitimenl and to close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain the loan commitment and, promptly notifies Seller in writing, or after diligent effort faits to meet the terms and conditions of the commitment or to waive Buyers rights under this subparagraph within the time stated for obtaining the commitment, then either party may tante; the Contract and Beyer shall be refunded the deposit(s). (b) The existing mortgage described in Paragraph II(b) above has (CHECK (1) OR (2)): (1) ❑ a variable interest rafa.OR (2) ❑ a fixed interest rale of NA % pec.5nnum. Attime of title transfer some fixed interest rates are subject to Increase. If increased, the rate shall not exceed IV % per annum. Seller shall, within lVt'. days from Effective Date; furnish a statement Iron all mortgagees staling principal balances, method of payment, interest rate and status of mortgages. If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee; Jor assumption, then Buyer shall �prpmptly obtain all required applications and will diligently complete and return them to the mortgagee. Any mortgagee charge(s) not to exceetl.$ NNAA shall be paid by A (if not filled in, equally divided). If the Buyer is not accepted by mortgagee or the requirements for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of the staled amount, Seller or Buyer may rescind this Contract by r pt written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges. V. TITLE EVIDENCE: At least days before closing date,. at, Sellers. expense, deliver to Buyer or Buyer's attorney, in accordance with Standard & (Check (1) or (2)): (1) 11 abstract of title OR (2) 11 fitta insurance commitment. 07/26/89 VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on , unless extended by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall lake title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental aulhori1y>D0DG0d 'etl—"V4 1-11 e3i�ev0e.�JU'#i'i6 .{..,•RAM;'' -111-1 d�).UA.Y:J:�:Cd': provided, that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for rLIJ5111t, U0121 purpose(s). VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at lime of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from dale of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. X. INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Inwlation Rider or equivalent maybe attached. XI. COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: If Contract is utilized for the sale of Property affected by the CCCL Chapter 161, F.S., (1985), as amendod, shell apply and the CCCL Rider or equivalent may be attached to this Contract. XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA•) RIDER: The parties shall comply with the provisions of FIRPTA and applicable regulations which could require Seller to provide additional cash at closing to meet withholdingrequirements, and the FlRPTA Rider or equivalent may be attached to this Contract. XIII. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) ® may assign OR (2) ❑ may not assign Contract. XIV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) [a is attached OR (2) ❑ is rot applicable. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. Approval does not catshbile an opinion that any of the farms and conditions in this Contract sh wid be accepted by the parties in a particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining Positions of all interested persom COPYRIGHT 19813,81( THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC. CITY OF SEBASTIAN; FLORIDA, A FLRIDAT4 NICIPAL—CORPORATION BY • Date Dale (Buyer) RICHARD B. VOTAPKA, AS MAYOR (Seller) GENERAL DEVI PNM CORP. Social Security or Tax I.D. # Social Security or Tax I.D. # Date Date (Buyer) _ _ .. (Seller) Social Security or Tax I.D. # Social Security or Tax I.D. # Deposil(s) under Paragraph II received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. �_ SE- FALLACE, NASH & TORPY, P.A- (Escrow Agent) BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE) By: for agrees to pay 1 e Broker named below, includiFUcooperating sub -agents named, according to the terms of an existing, separate listing agreemenC OR ❑ IF NO LISTItI -AGREEMENT IS CURRENTLY IN EFFECT: ell lI pay the ro d below, al time o closing; from the disbursements of the proceeds of the sale, compensation mount of (COMPLETE ONLY ONE) % of gross purchase price OR. for Brokers services in elfectircg the sale by finding the Buyer r ng and able to purchase purwant to the foregoing ConlracL If Buyer fails to perform and deposits) is retom d-5 thereof, but not exceeding the Brokers fee mvided, shall be paid Broker, as full consideration for Broker's services including costs expanded by Broker, and the balance Shallo Seller. It the bansac' not close because of refusal or failure of Seller to perform, Stiller shall pay the lull fee to Broker on demand. In any litigation arising our of the Contra oker's fee, the prevailing party shall recover reasonable attorney foes and costs. (firm name of By: FAR/BAR 002.87b(1/88) (name of cooperating sub -agent) (Seller) RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR. ADDENDUM TO CONTRACT FOR SALE AND PURCHASE BY AND BETWEEN: CITY OF SEBASTIAN, FLORIDA, A FLORIDA MUNICIPAL CORPORATION AS BUYER AND GENERAL DEVELOPMENT CORPORATION, AS SELLER FOR PROPERTY KNOWN AS: LOT 4, BLOCK 208 UNIT 10, SEBASTIAN HIGHLANDS THE PARTIES HERETO AGREE AS FOLLOWS: 1. Seller and Buyer represent to each other that no broker is being used to facilitate this transaction; no listing agreement is currently in effect, no broker's fees will be charged either party in the performance of this Contract. Seller shall hold Buyer harmless from any brokerage fees and any costs, expenses or attorney fees incurred by Buyer as a result of any claims for fees or commission. 2. This Contract and the Buyer's obligations pursuant to this Contract are expressly contingent upon the following conditions: A. Ten (10) days prior to closing, Seller shall at Seller's expense, deliver to Buyer a current survey, satisfactory to the Buyer, of the property identified in the face of this Contract by a licensed land surveyor showing all improvements, if any, including buildings, fences, patios, decks, sidewalks, driveways, are within the lot lines and showing no easement violations and no encroachments of improvements from adjoining property. B. The Buyer obtaining at least ten (10) days prior to closing, the ratification and approval of the City Council of the City of Sebastian of this Contract and the terms and provisions contained in this Contract for the purchase of the subject property. C. The Buyer, at its option, obtaining an appraisal satisfactory to Buyer verifying that the fair market value of the property is a minimum of $4,500.00. Should any of the above contingencies not be met to the satisfaction of the Buyer, the Buyer will have the right, but not the obligation, to declare this Contract null and void; all earnest money deposits paid by the Buyer will immediately be returned to the Buyer; and all parties will be relieved of any further responsibilities or obligations pursuant to the terms and provisions of the Contract. 3. Closing of this transaction shall occur at the Sebastian City Hall or at a place mutually agreed upon by the parties. Signed this day of , 1989; WITNESSES: BUYER: THE CITY OF SEBESTIAN, FLORIDA, A FLORIDA MUNICIPAL CORPORATION BY: RICHARD B. VOTAPKA, AS MAYOR ATTEST: KATHERYN M. O'HALLORAN, CMC/AAE, CITY CLERK Signed this day of , 1989; WITNESSES: SELLER: GENERAL DEVELOPMENT CORPORATION BY: PRESIDENT VICE PRESIDENT THIS INSTRUMENT PREPARED BY AND RETURN TO: Charles Ian Nash, Esquire FRESE, FALLACE, NASH & TORPY, P.A. 930 S. Harbor City Blvd., Suite 505 Melbourne, Florida 32901 (407) 984-3300 -2-