The URL can be used to link to this page

Home My WebLink AboutDevelopment Agreement3120190032786 RECORDED IN THE PUBLIC RECORDS OF U COURT N AN RIVER COUNTY FL aK 3212 PG 346 Page 1 of 9 6WO19 4:33 PM Following recording, return a copy to: Prepared by: Marnie Moran, Esq. Lighthouse Property Development, LLC 12550 Reed Road, Suite 100 Sugar Land, TX 77478 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT is made this 25L�'day of, 2019, between, Walter Worthington, with an address of 305 Sorono Drive, Greenville, South Carolina 29609 ("Current Owner'), Lighthouse Property Development, LLC , with its principal place of business at 12550 Reed Road, Suite 100, Sugar Land, TX 77478 Attu: Stuart Gaylor (the "Future Owner/Developer") and the City of Sebastian, Florida, with an address of 1225 Main Street, Sebastian, Florida 32958 Attn: Paul Carlisle, City Manager (the "City"). WITNESS ETH WHEREAS, Current Owner, Future Owner and City desire to enter into this Agreement to provide for certain obligations to be performed by each of the parties with respect to the real property with a street address of 1671 US Highway 1, Sebastian, Florida 329958 with a general legal description of 2,22.19, rev. 3 6 19, rev 4 1 19 The North 100 feet of the 1`61 lowing described lands: A part of lands showli on as N/lap ofWauregan ol'Section 30 of Flerning Grant rnade by S, B. Cai-ter arid fled in the Land Records of'Brevard County, Florida, lying West ofnew U.S. Highway No. I and. South of 9th Street. described as follows: Conunencing at an iron pipe in (lie SoLith right of way of 9th Street arid East right of way of Florida l-ast Coast Railroad viht of way, said iron pipe being 465.08 feet from the Southeast comer of as point at the corner of 9th Street and the West right of way of U.S. Highway No. 'I; thence run N 63 degrees 42 minutes 32 seconds E fom said point 465A feet to the West right ofway ofIJ,S, Highway No. 1; thence run S 38 degrees 17 minutes J.& I.figirlWay I a distance of 200.00 1'ect to 24 seconds E alongthe West tight of way of ,in iron rod which is the Point of v,inning; thence run S 6-1 degr,�-cs 42 ruilruites 32 seconds W and parallel with the South right of way line of 9th Street a distance of 200.00 feet; thence rini S 38 degrees 17 ininutes 24 seconds E" and parallel with the West right of way of 1-1,S. Highway No. I a distance of 200.00 feet; thence run N 63 degrees 42 minutes 32 seconds F` and parallel with the South fight of way line of 9th Street a distance of 200.00 fleet to the West right of way of [J,S. Highway No. 1; thence run N 38 degrees 17 minutes 24 seconds W along the 'West right ofway of* LI.S. I fighway No, I as distance of 200.00 fact to the Point of Beginning, Said land lying and being in Indian River County, Florida, 2.22,19, rev, 3 6 19, rev 4 1 19 Together with a 10 1'ee( casealcnt for ingress alid egress over the North '10 feei of the soar h 9163 Set ofsaid rcWal property. ('the -Propto,y'); NOW THEREFORE, I cc: nsideradwi of the rnuwal prmnles and co-veriants writained lwreiv, and inwndiq; to be lip arlly bound hereby. the Olxncr and Devcloper horeby agree as Rd ows: 1. Curret t Owner: sh-nultancously wvhh its, execution of this "Ngreernent" Cummu (Kner shall remit a certified check in the arnowit to the City whose final conSbration Nis been determined by the City of Sebastian City COLUICfl tt) COVC1- UIC' f-ecs and whm- coMs inawmd by the Chy tied to he following HeMs) on to propertwy: 1) rotxirded 03)117/2008in 0:11-icial Records, lloc)k 221n Page 64 1, or the Public Mcmds or Ilan Riwr County, Florida on WhOof the CA, WeNuUmn 2) ruonkd 03n IM I in Mdal Records Dook 3 116, Page 459, cW the Public R�ocords, of Indian River ("ounty, Flodda = behalf of die City or Sebastiam wW 3) ruoArd I W I MU 18. in Official Recards Book 3 151 Nge 188, of the Nbfiu Recordti of Indian River CounV, Morida on bchalf ofd:ie (,`ity of Sebastian. FTRgre,ChwvvrM)evduPer: Simultaneaudy w0h im execution of US ikgreernent, 1"we OnmerMUTer AW1 subtflit a pertormunce bond to tllQ J24—) Oly in the aniom of $25JO100 W, guaranwe the dcrn(fliti,orl of all existing improvements on the l5uperty w later than six (6) montlis following the date the release of liens have been nccirdea.l ("I en'tolition FLIture (Kner/Devel opts agrees that, in Te evwH h Ims flailed to demolish ,,di existing 2.22,19, rev, 3 6 19, rev 4 '1 N 4..)n tilt: tlroj:wrly 0), the Demolition Date (as saine may be extended t.)clow) . the City shaIl have the right and the oblio-ation to cash the t; perforal a lice bond wid Complete the demolition. I lie Deinolition Date may be extendCd (Me tirllt' an, additional period oil' three (1) nionths upon wriltcn notice fron-i Future Owner to the other parties to this Agrewlent. 3. LIIU tipon its roccipt of" this Agrecinent. executed by Current 0'wrier and Future Owner' 'long with the certified funds reflerenced in Paragraph #1 and the Pel'I'01111MICC B(MILI rCfQrQnccd in Paragraph ft-2, the City, fiollowing the approv,nI by the City COUnCil Ulid the execution of this Agreement on behalrof the City, sluill take all actions necessary to release and discharge all liens, firies, Penalties Currently assessed against the Property by the (7ity including: 1) recorded 03/17/2008, in, Official Records Book 2250, Page 641, of tho Public Records of Indian Riwr County, Florida on behalf of the City of Sebasthari. 2) recorded 05/11/2018, in Official Records Book 311 6, Page 459, ofthe Public Records ofIndjan River County, Florida on behalf of the CitY of Sebastian - and 3) recorded 10/ 1 9i201 9, in Official Records Book 315 7, Page, 188, of the Public Records of Indian River County, Florida on Nhah'of the City of Sebasti"In. Evidence of such recorded release(s) shall be sent to all parties. 4. Time is of the Essence- The parties shall use best eff.'orts to fully execute this Agreement on or before April 25, 2019 and achieve as Demolition Date no later than December 1,2019, 2.22 , 19, rev. 3 6 t 9, rev 4 1 19 5. Notices. All notices, consents, waivers, directions, requests or other instruments or communications provided lbr under this Agreement shatl be In a,vriting, signed by (lie party giving (lie umc, and shall be deenwd properly given it'sent by e\press courier service, personal delivery or by registered or certified United States Mail, MlUrn I-eCCipt tV(jUCSted, postage prepaid and addressed to the p,,.,irtics at their respective addresses set 1�'orth below hereof or to such other addresses as the parties may from tirne to time designate in writing iii the manner sat forth allove. ('11ITent Owner: Walter Wortbington 305 Sorono Drive (,-ircenville, SC 29609 l"'Llture Owner- Lighthouse Property Development, LLC 125 50 Reed Road, Sid to 100 Sugar Land, TX 77473' Attn: Stuart Gaylor City: City or Sebastian, 1225 Main Street,, Sebastian, Fl. 32958 Attn: Paul Carlisle, City N/lanager , 6. Miscellaneous. 6.1 This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns. Neither the CUrr,�,Tlt ONviler nor Future Ownvr"aDcveluper Shall have the right to assign this Agreell'Jel-It tar gjjy o[I'ler PerSoll c)I` Vntjt3' without the prior written consent of the other and the approval of the City.. U This Agreement shall be governed by and COnStTUcd in accordarice with the laws of the State of I'lorida. T'he parties hereto hereby submit to personal jurisdiction in the State for the enfiorcernent of this Agreement, and miive any and all personal rights Linder the law of any L� 2.22.19, rev.: 6 19, rev 4 1 19 state to o1ject to jurisdiction withill tile Stlaw fear tile Pill -poses of litigation to enforce this Agreement. 6.3 Tfic descriptive paragraph headings of this are inserted lor t) I convenicnce only and ,)T-c not intended to and shall not be construed to liuiit, enlarge or aff�ct the scope or intent ofthis ACgreenient nor the tricaning ofany oi portion here'. 6.4 1"his Agreement (nay not be moditte d. amended or lvvised, except by written instrument signed by each of the partics hereto. (EXECLYHON B'EGINS ON FOLLOWING PAGE] 2.2119, rev. 3 6 19, rev 4 1 19 IN WITNESS WHEREOF, the partieS Ij,'jVe cXeCj.jt(x.j ffij:� J)C%,:to prjjCjjt ,AqjXeejj�,jeljt -,I,, e date and year firstabove written, CURRENT OWNER BY: Name: Walt )MAIgton FUTURE OWNER B%, ...... Name. Stuart iaylor Its: President CTTV OF SFAASTIAN,, By: NaITUP� Paul E. Carli.sle: Its: CAy Manage-.r 2.22.19, rev, 3 6 19, rev 4 1 19 STATE OF Florida COUNTY01F) Indicin River 1, the undersigned, a notary public in and for said county in said state, hereby, certify that paul r,. cqr �Jjq.1psigC> ned to the foregoing histrument and mho is known to me, acknowledged beibre me on this diy that, being in tbrmed ofthe contents of the instrument, fie. as, such City manaq(and "kith full authority, exectud the san-)e voluntarily fibrand asthe act ofsaid corporation. Given under mY hand and official seal this the day of' PAA kV , 20M UYL 1. 0 W-Y PUblic ."tar-nmission Emires, [SEAL] 2,22.19, rev, 3 6 19, rev 4 1 19 STATE'OF 5 C. 01-NTY OF 1, the undersig-ned, as notary public in and Im said county in said state, hereby ccrttfy that Walter Worthington signed to the ibregoing, instrument and who is known to ine, ackno%%ledped lay ore rase on this day that, being inforined offlic contents of thy: instrument, he, executed the saine voluntarily for and as the: act of said corporation. Given under nay hand and official seal this the day 219. Nca)Uiry Public My Commission L'x [SIIIIAIA! A 0. OWE N S gate of South Car011eM I �IhPa'ni, " I -I tl°i! ssion Expures 01, 2029 SJ't'Vl`I-`, OF HOLDEN 0. OWENS Nalary Pubhc-Stale of South Carolina COUNTY OF my commussion Expires ApNI01,2029 1, the undersigned, anotar public in ivid I !I I S411 C S *LI ep lere, Y certilythat CY Stuiul Gaylor, 13resident of Lighthouse Properly Development, LLC' is signed to the foregoing instrument and who is known to trie, acknowledged twrore me on this day that, being informed of the contents of the instrument, lie, as Such Mania ger and with full authority, executed the same voluntarily for and as, the act ofsaid hinited liability corripapry. �V Given under my ]land and official seal thisthe�I '-dity of 2 01 19. lNlotary Public li ly Commission AV, SHAH�EEN RUSTOM My Notary ID, # 12266754 Fxphs March 7,2021 2.22.19, rev. 3 6 19, rev 4 1 19 3120190032787 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK. 3212 PC, 354 Page 1 of 1 6WO19 4:33 PM cmrT SEAT-" HOME OF PELICAN ISLAND 1225 Main Street, Sebastian, Florida 32958 Telephone (772) 589-5330 Fax (772) 388-8248 RELEASE OF ASSESSMENT LIEN FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, hereby releases Name: WALTER WORTHINGTON Address: 1671 US HIGHWAY I, SEBASTIAN, FL 32958 And the property described as: Parcel IDS 30382100001999900031.0, FURTHER DESCRIBED AS: Town of Wauregan, PBB 1-178 N 100ft ofFOLL DESC PROP; CO -Mat IRON PIPE in S R/W of 9" St & E R/W of FECRR; SAID IRON PIPE being 465, ft from SE COR of a St COR of 9TH ST - & W R/W LINE OF US HWY NO I; TH N 63 DEG 42 MIN 32 SEC E from said. as recorded in the Public Records of Indian River County, Florida, commonly addressed as 1671 US HIGHWAY 1, Sebastian, Florida. From the assessment lien recorded O.R. Book 3157, Page 188, of the public records of Indian River County, Florida. EXECUTED by the City Manager of the City of Sebastian, Indian River County, Florida, this /O)rL day of Aar. .2019. CITY OF SEBASTIAN SEBASTII�N, FLORIDA, 11yDIAN RIVER COUNTY By I Carlisle, City Manager Approved for ease-oflLien: �n/ 1 -" • l dt4 ' Kenneth W. Killgore, Finance Divdttor STATE OF FLORIDA COUNTY OF INDIAN RIVER SWORN TO AND SUBSCRIBED before me this (yam day of Milo , 2019 by Paul Carlisle "City Manager of the City of Sebastian, who executed same on beha of said City. He is personally known to me. �)l l/l uC' N�Ibv lanickie bith, Notary Public RETURN TO: City of Sebastian Code Enforcement Division ,�y. fF" 'itiN JWCgE51A18 r,CaM9910NIFF 951831 1201 Main Street �j 1(Y 80RE&Jvm19.2920 m) Sebastian, FL 32958i=',F�1 9a4elRnNoury 9u0Eureiomar 3120190032788 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL SK: 3212 PG: 355 Page 1 of 1 6/3=19 4.33 PM CINCF 'ElmT!�W HOME OF PELICAN ISLAND 1225 Main Street, Sebastian, Florida 32958 Telephone (772) 589-5330 Fax (772) 388-8248 RELEASE OF ASSESSMENT LIEN FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, hereby releases Name: WALTER WORTHINGTON Address: 1671 US HIGHWAY], SEBASTIAN, FL 32958 And the property described as: Parcel IDk 30382100001999900031.0, FURTHER DESCRIBED AS: Town of Wauregan, PBB 1-178 N 10011 of FULL DESC PROP; CO-M at IRON PIPE in S R(W of9' St&ER/Wof FECRR; SAID IRON PIPE being 465, ft from SE CDR of a St CDR of gm ST -& W R/W LINE OF US HWY NO I; TH N 63 DEG 42 MIN 32 SEC E from said. as recorded in the Public Records of Indian River County, Florida, commonly addressed as 1671 US HIGHWAY 1,. Sebastian, Florida. From the assessment lien recorded O.R. Book 3116, Page 459, of the public records of Indian River County, Florida. EXECUTED by the City Manager of the City of Sebastian, Indian River County, Florida, this /,2_" dayar—&,.e I 2019. CITY OF SEBASTIAN SEBASTIAN, FLO A, I7AN RIVER COUNTY By y FKUI Carlisle, City Manager Approved for Release of Lien: Kenneth W. Killgore, Finance Di Voter STATE OF FLORIDA COUNTY OF INDIAN RIVER SWORN TO AND SUBSCRIBED before me this _L day of 2019 by Paul Carlisle as City Manager of the City of Sebastian, who executed same on behalf o&said City. He is personally known to me. Janick' mith, Notary Public RETURN TO: City of Sebastian Code Enforcement Division xs""' JVCCNE VFF 1201 Main Street !b'"r'" I EIPIRENd5510N y 111, 211 Sebastian, FL 32958 E%PISEa. January 18, 20]D '''�i(f,. BarAgTEn Xobry WMr Undewmne 3120190042848 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3224 PG: 1121 Page 1 of 1 7/19/2019 12:56 PM CITY OF SEBASTIAN CODE ENFORCEMENT SPECIAL MAGISTRATE IN THE MATTER OF: Walter Worthington 1671 U.S. Highway 1 Sebastian, Florida 32958, LEGAL DESC. ADDRESS: PARCEL I.D. Respondent. CASE No. 07-02797 CASE Nos.16-040362 & 16-040363 CASE No.18-021729 RELEASE OF LIENS PLAT OF WAUREGAN ON FLEMING GRANT PBB 1-75 BEING MORE PART DESC AS FOLL N 100 FT OF FOLL DESC PROP; CO - M AT AN IRON PIPE IN S R/ W OF 9TH ST & E R/ W OF FECRR; SAID IRON PIPE BEING 465, FT FROM SE COR OF A PT ST COR OF 9TH ST - & W R/ W LINE OF US HWY NO 1; TH N 63 DEG 42 MIN 32 SEC E FROM SAID PT 465.08 FT, TO W R/ W OF US HWY NO 1; TH S 36 DEG 17 - MIN 24 SEC E 200.0 FT TO AN IRON ROD WHI CH IS POB; THE S 63 DEG 42 MIN 32 SEC W, 200.0 FT; TH S 38 DEG 17 MIN 24 SEC E 20 - 0.0 FT; TH N 63 DEG 42 MIN 32 SEC E 200. 0 FT; TH N 38 DEG 17 MIN 24 SEC W 200.0 , FT TO POB. (OR BK 694 PP 245)" 1671 U.S. Highway 1, Sebastian, Florida 32958 30382100001999900031.0 RELEASE Pursuant to the provisions of the Development Agreement entered into between the City of Sebastian, Respondent Worthington, and Lighthouse Property Development, LLC, a third -party, successor -in -interest, the Liens upon the real property identified herein shall be satisfied pursuant to the terms of such Agreement. ACCORDINGLY, the Liens recorded at OR book 2250, page 641 (03/17/2008); OR book 3116, page 459 (05/11/2018); and OR book 3157, page 188 (10/19/2018) are RELEASED, nunc pro hrnc, effective May 24, 2019. ATTEST: j4nette Williams, MMC ity Clerk Jai ��•'''�� t By:�� IVAUL CARLISLE ' .. P ° °•+,. City Manager v J:'. o m -- j f Approved as to Form and Legality fo%, relian the City of Sebastian only: i ..� " • • '; �1 �Uji; J6"m ��1 \ea.cnu JameX kes City Attorney