HomeMy WebLinkAbout12301991 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
MONDAY, DECEMBER 30, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN TNE OFFICE OF THE CITY CLERK,
CITY ~ALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
PURPOSE: 1)
RESOLUTION NO. R-91-48 - Settlement
Agreement Between City and General
Development Corporation
2)
Ron Harsh Request for Use of Riverview Park
& Barber Street Sports Complex - Sebastian
River Classic & 5-K Run
3) RESOLUTION NO. R-91-49 - Alcoholic Beverage
Sales - New Year's Day
4) Architects' Design Group - Police Facility
Facade Design
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
PUBLIC INPUT ON AGENDA ITEMS
91.342/ ~.RESOLUTION NO. R-91-48 - Settlement Agreement
90.290 ~~t~--~nd--~al Development Corporation
~/~ ~ (R-91-48, Agreement and Exhibits a and B)
/ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
/ COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
/ CLERK TO SIGN, ON BEHALF OF THE CITY, A SETTLEMENT
/ AGREEMENT WITH GENERAL DEVELOPMENT CORPORATION,
· / ("GDC") CONVEYING CERTAIN ASSETS FROM GDC TO THE CITY
~ / OF SEBASTIAN AS DESCRIBED IN EXHIBIT "A"; RELEASING
GDC FROM CERTAIN OBLIGATIONS TO THE CITY OF SEBASTIAN
AS DESCRIBED IN EXHIBIT "B"; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HER~W~H; PROVIDING FOR SEVERABILITY; AND PROVIDING
.. EFFECTIVE DATE.
91.341 / B. Ron Harsh.- Request for Use of Riverview Park &
/ Barber Street Sports Complex - Sebastian River
Classic & 5-K Run (Staff Recommendation dated
12/12/91, Harsh Letter dated 12/10/91, TAB Letter
91.343 ~ RESOLUTION NO. R-91-49 - Alcoholic Beverage Sales
^ / ~'~--~ay(~f Recommendation dated
~ ~ / 12/20/91, Letter from Fraternal Order of Eagles .
~ ~ / dated 12/23/91) .
/ OF ALCOHOLIC BEVERAGES AT ANY LOCATION WHERE
/ ALCOHOLIC BEVERAGES-ARE PERMITTED TO BE SOLD OR
\ / CONSUMED PURSUANT TO a LICENSE OR PERMIT ISSUED BY
V THE STATE OF FLORIDA DEPARTMENT OF BUSINESS
· ~ REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND
~, TOBACCO, BETWEEN THE HOURS OF 3:00 A.M. AND 7:00 A.M.
/ ON NEW YEAR'S DAY; PROVIDING FOR AN EFFECTIVE DATE.
/
90.1~3/ D. Architects' Design Group - Police Facility Facade
91.~44 (Staff Recommendation dated 12/27/91, ADG Letter
~~~pE i; dated 12/26/91,Letter datedC°°per Letter dated 12/13/91,
Cooper 12/20/91)
ADJOURN
RS WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
2
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SPECIAL MEETING
PUBLIC NOTICE
CITY OF SEBASTIAN
1225 MAIN STREET
INDIAN RIVER COUNTY
FLORIDA
The City Council of the City of Sebastian, Indian River County,
Florida, has called a Special Meeting on Monday, December 30,
1991 at 7:00 P.M. in the City Council Chambers, City Hall, 1225
Main Street, Sebastian, Florida.
The Special Meeting was called to take action on Resolution No.
R-91-48 approving the proposed settlement agreement between the
City of Sebastian and General Development Corporation.
Additional items were added as follows:
* Ron Harsh request for Riverview Park for Auto Show on
April 11, 1992
* Resolution No. R-91-49 - Extending Hours for Sales of
Alcoholic Beverages on New Year's Day
* Architects' Design Group - Letter dated 12/26/91 Re:
Police Facility Facade Design
Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian, Florida
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
MONDAY, DECEMBER 30, 1992 ~ 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CiTY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
PURPOSE: 1)
RESOLUTION NO. R-91-48 - Settlement
Agreement Between City and General
Development Corporation
2)
Ron Harsh Request for Use of Rivervlew Park
& Barber Street Sports Complex - Sebastian
River Classic & 5-K Run
3)
RESOLUTION NO. R-91-49 - Alcoholic Beverage
Sales - New Year's Day
4)
Architects' Design Group - Police Facility
Facade Design
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC INPUT ON AGENDA ITEMS
91.342/
90.290
91.341
91.343
AGENDA ITEMS
A.
RESOLUTION NO. R-91-48 - Settlement Agreement
Between City and General Development Corporation
(R-91-48, Agreement and Exhibits A and B)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A SETTLEMENT
AGREEMENT WITH GENERAL DEVELOPMENT CORPORATION,
("GDC") CONVEYING CERTAIN ASSETS FROM GDC TO THE CITY
OF SEBASTIAN AS DESCRIBED IN EXHIBIT "A"; RELEASING
GDC FROM CERTAIN OBLIGATIONS TO THE CITY OF SEBASTIAN
AS DESCRIBED IN EXHIBIT "B"; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Ron Harsh - Request for Use of Riverview Park &
Barber Street Sports Complex - Sebastian River
Classic & 5-K Run (Staff Recommendation dated
12/12/91, Harsh Letter dated 12/10/91, TAB Letter
dated 12/23/91)
RESOLUTION NO. R-91-49 - Alcoholic Beverage Sales
- New Year's Day (Staff Recommendation dated
12/20/91, Letter from Fraternal Order of Eagles
dated 12/23/91)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROHIBITING THE SALE OR CONSUMPTION
OF ALCOHOLIC BEVERAGES AT ANY LOCATION WHERE
ALCOHOLIC BEVERAGES ARE PERMITTED TO BE SOLD OR
CONSUMED PURSUANT TO A LICENSE OR PERMIT ISSUED BY
THE STATE OF FLORIDA DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND
TOBACCO, BETWEEN THE HOURS OF 3:00 A.M. AND 7:00 A.M.
ON NEW YEAR'S DAY; PROVIDING FOR AN EFFECTIVE DATE.
90.133/ D.
91.144
Architects' Design Group - Police Facility Facade
(Staff Recommendation dated 12/27/91, ADG Letter
dated 12/26/91, Cooper Letter dated 12/13/91,
Cooper Letter dated 12/20/91)
6. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
2
RESOLUTION NO. R-91-48
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A SETTLEMENT
AGREEMENT WITH GENERAL DEVELOPMENT CORPORATION,
("GDC") CONVEYING CERTAIN ASSETS FROM GDC TO THE CITY
OF SEBASTIAN AS DESCRIBED IN EXHIBIT "A"; RELEASING GDC
FROM CERTAIN OBLIGATIONS TO THE CITY OF SEBASTIAN AS
DESCRIBED IN EXHIBIT "B"; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, General Development Corporation, ( "GDC" ); a
Delaware Corporation, may have certain obligations to the City of
Sebastian under the terms of the August 15, 1979 agreement
between the City of Sebastian and GDC; and
WHEREAS, GDC, on April 6, 1990, filed for protection under
Chapter 11 of the Federal Bankruptcy Laws; and
WHEREAS, since filing for bankruptcy protection, GDC has not
met certain of its obligations and responsibilities to the City
under the terms of the 1979 agreement; and
WHEREAS, the City and the GDC entered into negotiations to
relieve GDC of its obligations in return for certain GDC assets
and have reached a mutual agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AGREEMENT. The Mayor and the City Clerk of the
City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the Settlement
Agreement betweeen GDC and the City of Sebastian, a copy of which
is attached hereto.
Section 2. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent
3urisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilman
Councilman
vote, the vote was as follows:
The motion was seconded by
and, upon being put into a
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
2
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1991.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W.E. Conyers, Mayor
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash,
City Attorney
3
SETTLEMENT AGREEMENT
and
Debtor~in-Possession ("GDO") under U.S. Bankrup y Court
"Court") Case No. 90-12231-BKC-AJC (the "Bankruptcy Case").
W I T ~ E S S E T H:
WHEREAS, GDC is the own'er of certain proper~
THIS AGREEMENT is made and entered into this day of
,' 199_, by and between THE CITY OF SEBASTI~AN (the "City")
- ' ration as
GENERAL DEVELOPMENT CORPORATION, a Delaware ?~rpo ,
!
(the
described in
Exhibit "A" attached hereto (the "GDC Conveyance Parcels,');
WHEREAS, GDC may have certain obligations to the City more
particularly described in Exhibit "B" attached hereto (the "GDC
obligations");
WHEREAS, GDC and the city have agreed to the con eyance of the
GDC Conveyance Parcels to the City_ and to other it~m~as set forth
below all in resolution of certain matters betwee~themselves, as
herein provided, and desire to confirm certain other agreements and
understandings between themselves.
NOW THEREFORE, in consideration of the premise~ and for other
good and valuable consideration, the receipt and' ~ufficiency of
which is hereby acknowledged, the parties, intendihgI1 to be legally
bound~ hereby agre~ as follows:
1. Recitals. The above recitals are true and correct and
are hereby incorporated by reference a~ if fully set forth herein.
co w a =e. reby agrees to o vey the
Conveyance Parcels to the City, which the City agrees to accept as
its treatment under the plan of reorganization of GDC (the "Plan"),
in fuil and complete satisfaction of the proof of
:laim filed by
the City in the Bankruptcy Case (the "Proof of Claim") (the city
hereby waiving and releasing any right the City may 5ave to receive
any other or additional distribution under t~+ Plan), and,
additionally, in consideration for which the City!~grees:'~ (i) to
irrevocably and unconditionally release GDC and it~ ~uccessors from
any and all of the GDC Obligations, including, but! ~ot limited to,
any obligations associated with, connected to or a~istng from the
I the
Proof of Claim (which shall .include as applicable! release by
the City of the bonds posted by GDC with the City in connection
with the GDC Obligations (the ,,sends,,)); and (ii!)lto assume the
maintenance and operational responsibilities 9hd obligations
included within the GDC Obligations.
3. Title. At the closing under this Agreement, the City
shall take title to the GDC Conveyance Parcels ~ubject to the
following (the "Permitted Exceptions"):
(a) ad valorem real estate taxes for 1992 and
subsequent years;
(b) all laws, ordinances an.d. g0. v. ernmental
regulations, including,, but not l~m~ted.~ Itc, all
apD]icable buildincj, zoning, land use and enviironmental
ordinances and regulations; . L
(c) restrictions, reservations, '~e cements,
covenants, agreements, limitations and otha~ matters
appearing of record; and t
(d) matters which would be disclosed by .a~ accurate
Survey of the GDC Conveyance Parcels.
4. Title Examination o_f GDC Conveyance Parcels. Within
twenty (20) days from the date of this Agreement,.~he. City shall
procure,
at
,,Commitment") for title insurance issued by a natioHa~ly recogni=ed
title company for an owner's ALTA Form B Marke, thbility title
insurance policy for the GDC Conveyance Parcels. !
have ten (10) business days following receipt of
within which to examine same..
If, upon the examination of the Commitment, .t
the City will
he Commitment
ne City finds
unmarketable
title to be defective (i.e. matters which render tltl4
in accordance with the standards of the Florida Bar and are not
Permitted Exceptions) , the city shall, by no latter than the
expiration of such ten (10) day examination period,, ~notify GDC, in
writing, specifying the defect(s); provided that if the City fails
to give GDC written notice of defect(s) before the expiration of
said ten (10) day period, the defects shown in ~he Commitment
shall, anything in this Agreement notwithstanding, '.b~e deemed to be
waived as title objections to closing this transa.~tion and GDC
shall be under no obligation whatsoever to take ~any corrective
action with respect to same nor to warrant titleitD same in its
special warranty deed of conveyance. If the .Cit~ has given GDC
timely written notice of defect(s) and the defec~ s) render the
title other than as required by this Agreement, G~C shall use its
[
reasonable efforts to cause such defects to be cured by the date
of closing. In no event shall GDC be obligated t~ bring suit or
to expend any sums of money to buy-out or settle a~yisuch lien, or
3
any other encumbrance or claim against the GDC Conveyance Parcels
or to cure any other title defect. At GDC's option, the date of
closing may be extended for a period not to exceed ~h~rty (30) days
for purposes of eliminating any title defects. Inl the event that
GDC does not eliminate all timely raised title de~cts as of the
date specified in this Agreement for closing, as ~e same may be
extended under the preceding sentence, the City shall have the
option of either: (i) closing and accepting the ~itle
~II,
without off~et or deduction in consideration given.to the City, or - |
(ii) cancelling this Agreement, whereupon both par~ies shall be
released from all further obligations under th~s Agreement.
Notwithstanding the foregoing, in the event
objection affects only a portion of the GDC Conveya~c
,'Title Defect Parcel"), and the value of the Titl~
~le defect or
Parcels (the
Defect Parcel
is mutually agreed by the parties to be ten percent! 10%) or less
of the overall value of ~the C~nveyance Parcels, then, unless GDC
elects and is unable to cure such title defect, and ~ubject to the
City's reasonable approval, GDC may select and substitute a
different parcel of land owned by GDC in the City ~ Sebastian of
reasonably equivalent value for the Title Defec~ ?arcel which
shall become part.of the Conveyance Parcels~
5. construction of Uncompleted Portions of 6n~ts ~ and 17.
The City hereby agrees that GDC and its successors a d/or a tg ,
tbs lute ri ht
at any time whatsoever in the future, shall have th~ 0 g
to deVelop the remaining unconstructed portion of t~¢. Plats of Unit
16 and Unit 17 in accordance with the subdivision standards in
4
effect at the time that Unit 16 and Unit 17, as applicable, were
platted, and the requirements of that certain Agre~,ment dated as
of August 15, 1979, between the City and GDC (the "~7 Agreement"),
and in no event shall any higher or dlfferen standards or
requirements ever be imposed by the city in connect~lOn with, or as
a condition to, the development of said unit 16 or
if said Unit 16 or Unit 17, or any portion(s)
Unit 17 (even
thereof, are
~rements shall
plat; provided, however, if in connection with th~
any Prior Plat, the appropriate governmental agenqy
any parcel of land within the Prior Plat be used
]evelopment of
requires that
for drainage
replatted, no higher or different standards or req%~
be imposed. Notwithstanding anything to the contrary contained in
the foregoing, if any portion of Units 16 or 17 ar~. eplatted, and
the purpose of replatting is other than to relocate or widen roads,
or to locate or relocate stormwater drainage, the ~ight of way and
road and drainage requirements and standards in effe.~t at the time
that Unit 16 and Unit 17, as applicable, were platted, and the
requirements of the 79 Agreement, as aforedescr'i))ed, shall be
applicable, but the developer of said property (w~¢:ther GDC or a
successor thereof) shall otherwise be obligated tol ~onform to all
_
other applicable current standards or requ~reme~·.s)- Without
limiting the foregoing, the City acknowledges and 'at tees that the
city shall never require any further dedication,I conveyance or
designation of land for parks, recreational or oth~r public use to
unit 16, Unit 17, or any other plat already accept~d by the City
(a "Prior Plat") which is not already set forth in the applicabl~
to'such Parcel upon such conveyance.
6. Fleming Street Extension. GDC agrees ~t]
developing the applicable portion of Unit 16, the der
property (whether GDC or a successor thereof) shall
to replat said portion to create a right-of-way to!
Street from Chesser's Gap to the east boundary of
517). It is the City's intention to ultimately
Street from said point to U.S. #1.
purposes and such parcel has not already been designated for such
purpose, GDC will convey such parcel to the City uponlthe condition
that the City will assume maintenance and operati~r with respect
%at, prior to
sloper of said
be obligated
xtend Fleming
nit 16 (Block
~xtend Fleming
7. ~t~~ Assiq~nment of Easement~...on lshtloh Ranch
Property and the Boy~ Scouts of America ProDe~t¥. A~ closing, GDC
shall assign to the City by a quit-claim assignment, and on a non-
recourse and non-exclusive basis, its rights under the grant of
Easement between Shiloh Youth Ranch, Inc. and ~ recorded in
official Records Book 654, Page 1228, and Gulf ~ream CoUncil,
Inc., Soy Scouts of America and GDC, recorded, in Of ~icial Records
Book 574, Page 2698.
8. Taxes. All outstanding ad valorem real ~
;
interest payments,.a.nd penalties with respect to the,
Parcels shall,be pa~d by GDC prior to closing.
9. GDO s Representations. GDC represents :t
follows:
(a) Authority of GDC. GDC is a corpoFat~ion duly
organized, validly existing and in good standing under
~operty taxes,
~DC Conveyance
the city as
6
the laws of the State of Delaware, and is duly a6thorized
to transact business in the State of Florid~
Agreement is binding on GDC and enforceable ag
in accordance with its terms subject to the PI
of paragraph 14 below.
(b) FIRPTA. GDC is not a "foreign pers0:
the meaning of the United States tax laws and
reference is made in Internal Revenue Code
1445(b) (2). At closing, ~DC shall deliver t6
a certificate to such effect.
. This
~inst GDC
'ovisions
~" within
to which
Section
the City
10. CitY's ReDres~ntationS. The city represents to GDC as
follows:
(a) Investigation. The City is a knowledg,_:able and
sophisticated owner of real estate properties. The City
has previously reviewed and considered the nature of this
transaction and ~nvestigated the GDC Conveyanc Parcels
I
and all aspects of the transaction. The[ City has
deterrained that the G. DC Conveyance Pa~c~ls are
satisfactory to the City in all respects and th City is
acquiring the GDC Conveyance Parcels inl? "as is"
condition. The City has and will rely solely on the
City's own independent investigations and inspections,
and the city ha~ not relied and will not r~l~ on any
representation of GDC other than az expressl~ et forth
in this Agreement (and provided that the City Understands
and agrees that none of the representations of GDC shall
survive the closing nor are intended to be re~,ied upon
by the city after closing). The City
acknowledges and agrees that, except for th~
representations made by GDC in thi~ Agreement
made no representations, is not willing tel
representations, nor held out any inducements 5¢
other than those (if any) exclusively set fort!
Agreement; and GDC is not and shall not beI
bound in any manner by any express or implied wa2
guaranties, statements, representations or inl
further
specific
GDC has
make any
the City
in this
iable or
'ranties,
formation
pertaining to the GDC Conveyance Parcels, except as may
be specifically set forth in this Agreement.
(b) city.~s~uthority' The execution, d~l~very
and
performance of this Agreement by the City have been duly
authorized, and this Agreement i~ binding on the city and
enforceable against' the City in accordance ~lth its
terms. No consent of any other person or ent~t to such
execution, delivery and performance is required.
11. Default. In the event of a default by eith
this Agreement, the non-defaulting party shall be
rights and remedies available at law or in equity.
12. Closing Costs
~r party under
ltitled to all
(a) The city and GDC shall each be responsible for
one-half of the following costs: (i) the costla ~ociated
with issuance of the Commitment, the cost ~btaining
any title insurance policy updates or reports on the GDC
Conveyance Parcels (all of which shall be calculated at
minimum risk rate), and the premiums and~a~Y other
related fees and costs for any owner's title! ~nsurance
Policy and/or report, (ii) conveyance and clerk's
recordation fees for recording any deeds, easements and
any and all other documents incident to consum~.atlon of
the transaction contemplated hereby, (iii) the state
Warranty deed and easements to be delivered
this Agreement; and (iv) the recording costs of documents
necessary to clear title at closing.
The settlement contemplated by %his Agreement and the
conveyance of the GDC Conveyance Parcels to the Ci y is a transfer
pursuant to a plan of reorganization and therefore ~o documentary
stamp taxes (or surtax) is payable on the dee~ of conveyance
pursuant to 11 U.S.C. §1i46.
13. Closinq. Subject to other provisions o~ ~his Agreement
for extension, the closing shall be held on or bef0r~ February 28,
1992, at the offices of the attorneys for the City, :F
Nash & Torpy, P.A., at 930 S. Harbor city Blvd., Me%b
32901.
At closing, GDC shall execute and/or deliver (as applicable)
to the City the following closing documents:
(a) a ~pecial warranty deed conveyin~ the GDC
Conveyance Parcels subject to the Permitted 'E'~ceptions
(and any other matters either consented to orln~t timely
~ese, Fallace,
~urne, Florida
iof title
objected to by the city after the city's reviewI
pursuant to paragraph 4 above); i ~
(b) an affidavit of exclusive p°ssesisl°n with
respect to the GDC Conveyance Parcels;
(¢) a "non-foreign" affidavit or c?!tificate
pursuant to Internal Revenue Code Section 1445
(d) a mechanic's lien affidavit with respect, to the
GDC Conveyance Parcels; .and I
(e) a corporate resolutlon and/o~ such other
evidence of authorlty and good standing with r~spect to
GDC as may be reasonably required by the title insurance
company issuing title to the City;
At closing, the City shall execute
and/0rt deliver
resple!t to all
applicable) to GDC:
(a) a release in favor of GDC with
GDO Obligations, including, but not limitedi to, the
release of the Bonds, in form and content acceptable to
GDC; .
(b) written acknowledgment of the Clty's'a~sumption
of obligations as described in paragraph 2 above, in form
and content acceptable to GDC;
(c) such documents a~ requested by GDC to. withdraw
or satisfy the city's Proof of Claim in the B~nkruptcy
Case with prejudice to any refiling or assertion of such
Claim in the Bankruptcy Case;
(as
10
(d) a document, in recordable form, setting forth
the rights granted to GDC in paragraph 5 abov.e in form
and content acceptable to GDC; and
(e) an appropriate resolution satisfactg~y to GDC
confirming proper authorization for the city'~ ~xeeutlon
of this Agreement and consummation of the transactions
contemplated hereby (including, without limitla~ion,
the
City's assumption of the GDC Obligations, as herein
provided).
At closing, the parties shall each execut such other
documents as are reasonable necessary or appropriate!to consummate
the transactions contemplated by this Agreement.
14. A~$~nab!!i~y- None of the parties to:~his Agreement
shall be entitled to assign their rights hereunder.
15. A_p~p~_qwal. The parties acknowledge and agree that this
Agreement is subject to the approval of GDC management and GDC
obtaining approval from GDC's Unsecured Creditors
"Commi%tes") and the Court of this Agreement and ~
contemplated hereby, including the Conveyance to ~
GDC Conveyance Parcels free and clear of all liens an
(other than the Permitted Exceptions). If for any re
has not approved this Agreement by January 31, 1992,
~ommittee (the
transactions
~ City of the
~ encumbrances
ason the Court
this Agreement
shall be terminated, and both parties released from all further
obligations under this Agreement, unless further extended by mutual
written agreement of the parties.
16. Notices.
under this Agreement shall be in writing and shall
have been given on the date of delivery, if delivered
Any notices required or permitted to be given
be deemed to
by hand, sent
by recognized overnight courier (such as Federal E~p~ess), or sent
by written telecommunication (such as a teleCopy of fax) or 3 days
after mailing, if mailed by certified or registered mail, return
receipt requested, in a postage prepaid envelope, ~n~ addressed as
follows: i
If to the city at:
with a copy to:
If to GDC at:
with a copy to:
City of Sebastian
P. O. Box 780127
Sebastian, Florida 32978
Attn: Mr. Robert S. McClary, City Manager
Tele¢opy No.
Richard E- Torpy
Frese, Fallace, Nash & Torpy, P.A.
930 S. Harbor city Blvd.
Melbourne, Florida 32901
Telecopy No. (407) 951-3745
General Development Corporation
2601 South Bayshore Drive
Miami, Florida 33~33
Attn: Saul Sack, Esquire
Telecopy No.: (305) 859-4360
General Development Corporation
9801 South Federal Highw~yl
Port St. Lucie, Florida 3'4952
Attn: Ralph (Cap) Cain, I~I
Assistant Vice Pr~sident
Community Affairs ' ~
Telecopy No.. (407) 335~5~26
copies of all notices
shall be given to:
Maguire, Voorhis & Wells, ~.A.
2 South Orange Avenue
Orlando, Florida 32801
Attn: Dwight D. Saathoff, iEsq.
Telecopy No.: (407) 423-8796
12
17, Radon Gas. RADON IS A NATURALLY OCCURRING RADIOACTIVE
GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING liN SUFFICIENT
QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WH~ ~E EXPOSED TO
IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE
GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDa. ADDITIONAL
INFORMATION REGARDING RADON AND RADON TESTING MAY ~E
YOUR COUNTY PUBLIC HEALTH UNIT. [NOTE: THIS PARAGRA'
FOR INFORM3%TIONAL PURPOSES PURSUANT TO SECTION 404.0!
STATUTES, (1988).]
OBTAINED FROM
~H IS PROVIDED
6(8), FLORIDA
18. Miscellaneous.
(a) The City acknowledges that GDC shall~endeavor
to consult with the Committee appointed in th~ jointly
administered Chapter 11 case of GDC, and such c.°.~%mittee's
counsel, with respect (but not limited) to thelRelease.
(b) Nothing contained in this Agreementlshall be
construed as an acknowledgment or agreement fr~m GDC or
the city as to the actual amount owing by GDC tolthe city
under the GDC Obligations. The parties agree thl. at if the
closing does not occur for any reason, nei~er party
shall have the right to admit this Agreement, O~ any oral
or written statements made in connection with the
negotiation, drafting or execution of the S~ttlement
Agreement, into any proceeding (judicial, administrative
or otherwise) arising in connection with or in any way
related to the GDC Obligations.
13
(¢) Pursuant to Paragraph 2, the cityI, as of
closing, assumes the maintenance respo~sibili y
obligations included with the GDC Obligations!.
(d) This Agreement shall be construed andl.governed
in accordance with the laws of the State of Florida. All
of the parties to this Agreement have participated fully
in the negotiation and preparation hereof, and,
accordingly, this Agreement shall not be mor~lstrictly
construed against any one of the parties heretO.
(e) In the event any term or provision! of this
Agreement be determined by appropriate judicial Suthority
to be illegal or otherwise invalid, such provision
shall
be given its nearest legal meaning or be con~trued as
deleted as such authority determines, and the remainder
of this Agreement shall be construed to be in f~ll force
and effect.
(f) In the event of any litigation between the
parties under this Agreement, the prevailing pa~ty shall
be entitled to reasonable attorney's fees and CoUrt costs
at all trial and appellate levels.
(g) In .construing this Agreement, the !singular
shall be held to include the plural, the plurallshall
be
held to include the singular, the use of any g~nder| shall
be held to include every other and all geh~ers, and
captions and paragraph headings shall be disregarded.
14
(h) Ail of the Exhibits attached to this ~greement
are incorporated in, and made a part of,. this ~reement.
(i) Unless expressly set forth herein, i~he| terms
and provisions of this Agreement shall not su~lve the
closing and such terms and provisions shall b,e deemed
merged into the special warranty deed and ext~ngulshed
at closing.
(j) Time shall be of the essence for each and every
provision of this Agreement.
(k) Neither this Agreement nor any n~tice or
memorandum of this Agreement shall be recorde~ in any
public records.
19. Entir~ A~reement. This Agreement constitutes the entire
agreement and understanding between the parties with ~espect to the
i repre-
subject matter hereof and there are no other agreements,
sentations or warranties'otl~er than as set forth·
Agreement may not be changed, altered or modified
instrument in writing signed by the party against wh~
herein. This
except by an
~m enforcement
by the Court.
of such change would be sought and unless approved
This Agreement shall be binding upon the parties hereto and their
respective successors and permitted assigns, i
15
EXECUTED as of the date first above written in several coun-
terparts, each of which shall be deemed an ori~nal, but all
constituting only one agreement.
Signed in the presence of:
GENERAL DEVELOPMEN~. CORPORATION,
a Delaware co~oration, as
Debtor in PosseSsion under
U.s. Bankruptcy Icourt Case
No. 90-1223 I-BKC-~C
Name: ~ ~
Title: I
(Corporate [Seal)
THE CITY OF SEBASTIAN
(As to GDC)
(As t° the=City)
By:
Name:
Title:
iXHI~I? A
SEBASTIAN NIGHLAHD$
3. Unit ! Block 12
4. Un£t I Block 14
5. Unit ! Biock
6. Unit ! Block 21
I. Unit ! Block 4!
:i Uni, ~ Block 65
. Unit Block {21
I0 Unit lO Block 208
11. Unit 10 Block 268
12. Unit 11 Block 282
13. Unit 11 ~lock 36¢
14. Unit 1! alack 365
15. Uni~ 16 Block
· I~, Unit 1~ Block
11, Unit 16 ~lock $$9
· 1}, Unit 15 Block $60
19, Unit 1~ BlOCk 445
20. Unit 19 Block $95
21. Unit 17 Block
22. Unit 17 Block
Lot 2
Tract
~ract
Tract
Tract
T~ect B
~,t 19
~ot 12
T~act
?cart
Tract
Tract
Tract
Tract
?~aot
23. Unit 17 Block 606 Tract T
24. Schumann Lake and Island
*29. Unit 4 Block 73
26. Unit 8 BIOCR 193
27, Unit B n{ook 223 Tract
28. Unit 10 B~ock 211 T~act
29. unt~ 10 8lock 264 Tract
30, Unit I0 Block 267 ?cart
31. Unit 10 Block 300
32. Unit iI Block 2~2 Tract
33. Unit Il B~oUk ~47 ?tact
34. Unit 11 Block 372 Tract
3S, Unit Il Trect
36. Unit 14 Block 507 ?Eact
37, Unit 15 ~lock 488 Tract
38. Unit l? 8lock ~04 Tract
3~. Unit 17 Tract
Remaining portion o£ Hera(
(Ad3acent to 8lc
Park
441)
12z27×91 09:30
407 951 3741 FRESE FALLACE
D£¢~HBER 11, 199~
_T?__aqts and Lg:~_~onverte.~_.to ~rat? _gg_e
40. Unit 13 Tract A
41. Unit 13 Tract B
42. Unit la Tract D
43. Unit 17 Block 46~ Tract X
44. Unit 17 BLock $74 Tract H
45. Unit 17 Block 574 ?ra=t ~
46. Unit 17 Block $80 T~act Y
47. Unit l? Block $$8 TraCt K
48° Unit ~7 Block $93 Tract O
49. Unit ~T BLock 599 ?:act H
'$0. Unit 17 Block 602 Tract p
51. Unit 17 Block ~13 Tract R
52. Unit 17 Block ~16 Tract S
~ote
$4. Unit ~? BLock
S~. URit ~7 Block
$6. Unit 17 Block
$?. Unit 17 glock 51t
$~. Unit 17 Block 579
§9. Unit 17 Block
'60. Unit 17 Block 589
(Acl:l&Cent to
(Ad~Jacent tO Bi'O,
(Adjacent to Bl'o~
I
320)
330)
333)
Lo:m 1 to ~!
Lots 1 to ¢
Lots 4 to 19
Lotm I to 16, 19 and 20
bot~ 12 tO 14, 19 to 21
Lot~ 1 to 3 and 19
Lot~; 4 and 5
~ o3
SgBABTZAN HIGHLANDS
Lots and
1. Unit I BlOCk 12
2. Unit 1 Block 12
3, Unlr I Block 12
4. Unit i Block.
$, Unit I Block 17
6. Unit I Block 21
9. Unit ~ Block 41
8. Unit 2 Block 65
g, Unit 4 Block
I0. Unit 10 Block 208
11. Unit 10 ~iock 268
12. Unit 11 Bloc~ 282
13. Unit 11 BLock 364
14. Unit I1 Block 365
1~. Unit 16 Block
-~6. Unit 16 Block
17. Unit 15 Block
,16, Unit 1G BloCk 560
~{. Unit 27 Bloc~ 445
20. Unit 1~ Block 595
21. Unit 17 Block 596
22. Unit 17 B~ook
23.
24.
T~act
Tract
Tract
Tract
~act
T~{ct
Tract
Lot ¢
Tract B
Lot 19
Lot 12
Tract R
~ract $
Tract T
T~aCt P
Tract a
Tract w
Tract U
Tract V
Unit 17 Block 606'Trmct T
$chu~enn Lake and IsLand
· 25. Unit 4 8lock 73
26. Unit 8 BZock 193
29, Unit 8 Block 223 Tract
~8, Unit 10 B~ock 211 Tract
29. Unit I0 ~lock 264 Tract
30, Unit 10 Block 267 Tract
31. Unit l0 Block ~00
32. Unit 11 Slack 262 Tract
33, Unit {i Block 347 Tract
34, Unit 11 Block 3~2 ?~ac~
35. Unit 11. Tract
36. Unit ~4 BZ~ck $07 ?~&ct
37, Unl~ ~5 8lock 4B$ Tract
3~. Unit ~? Block 604 ?:ac~
39. Unit 17 Tra=t
Remaining portion of HaYd,
~e Pa~:k
(Ad:Jacent to l~,lO~ck 399)
I
!
(A~acant to BlOck 441)
.12z27/91 09:31
Tract~
40. 'Unit
41. Unit
42. Unit
43. Unit [? 81o¢k 4§2
44. Unit X7 Biock $?4
46. Unit i? Block $80
47. Unit 17 Block 588
48, Unit
~9. Unit
eS0. Unit 17 Block 602
52. Unit ~7 Block 616
53. Unit 1~
54. Unit ~7
$$, Unit ~?
$~. Unl~ 17
.... ' ..... ~.. $?, Unit 17
Bbl 3741
1991
59~ ..... uni~
*60. Unit
BloCk
B~oCk 4~2
Block 570
Block 578
mlock 5?9
Block 580
Tract A (Adjacent to Bto,:k 320)
Tract B (Adjacent tO Bl~o.',k 330)
Tract O (Adjacent tO elo~:k 333)
T:ac t X
Tract H
Tract !
Tract Y
TraCt K
Tract 0 ,
Tract p (Western 115' Drainage
Tract R I
Tract $
Eots 1 to 4
Lots 4 ~o 19
Lots I to 16, 1} and 20
Lotl 12 to 14, 19 to 21
Lots 4 and 5
r-O-W )
3.
4.
10.
12.
20.
37.
39,
EXM[BZT A
Unit [
Unit !
Unit 1
Unit !
Unit 1
unit !
Unit 2
Unit 4
Unit 10
Unit l0
Unit Il
Unit II
Unit 11
Unit 16
Unit 16
Unit i~
Unit 17
Unit 1~
Unit 17
Unit i?
Block 12
Block
0lock 14
Block lv
~lock 21
B~ock 41
Block 65
Block 208
Block 282
8lock 364
{lock 365
Block
Block 560
B~OC~ 445
Block 595
Block
Lot 2
T=ac t H
Tract I
Tract F
Tract £
Tract C
TraC~ C
Tract ¥
Lot 4
Tract B
Lot 19
Lot 12
Tract It
Tract $
Tra~t T
Tr&ct P
TraCt B
Tract W
T~act U
Tract V
Unit 17 Block 606 Tract T
~ehum~nn Lake and {sland
Unit 4
Unit B
Unit 8
Unit 10
Unit [0
Unit 10
Unit 10
Unit 1!
Unit 11
Unit Il
Unit 11
Unit 24
Unl~ 15
Unit l~
Unit 27
Public., S~rvica ~ractl ~S. )
Block
alack 264
Block 267
Block ~00
Block 347
Block 372
B~ock 507
Block 488
82ack 604
Remaining portion of aa~d,
Tract
Tract
Tract
Tract
Tract
Tract
Trac~
Tract
Tract
Tract
(Adjacent to
Park
)ok
,ck 441)
12/27/91 09:32 FRESE FALLAEE' ~ t,I
· ~ 407 951 3741
$gBAST~AN HIGHLANDS
~CEHBER II, 1991
and LOtS Converted to D~atnage
40, Unit 13 TraCt
4~. Unit 13 Tract
43, Unit 17 Block 462 Tra~t
44, Unit 17 ~Lock $74 TraCt
45. Unit 11 B%oCk $7~ Tract
49, Unit 1T JXOck ~99 ?~ct
*50. Unit 17 Block 602 ?tact
51. Unit 17 Block 613 Tract
54. Unit 17
55. Unit [7 BLock 462
Unit 17 BLock 570
$1, Unit 17 Block
§9. Unit 17 Block 580
*60. Unit ~? B~ock 589
(Adjacent tO EJlO
(Adjacent to 8~o
(Adjacent to Bio
(~estern 115'
Lots 1 to 4
bots Il and 12
iota 4 to 19
[,ot~ 1 to 16, 19 and 20
bot~ 12 to 14, 19 tO 21
Lot~ 1 to 3 an~ 19
~ots ~ and 5
320)
330 )
,£n~ge
Ail obligations of GDC to construct, maintain:alnd operate all
streets and drainage facilities located i~1 the City of
Sebastian, including, without limitation, ali gbligations of
GDCur~der that certain Agreement dated August i~, 1979 between
=DC and the City, except that the foregoing sha'll not include
GDC~s obligations with respect to Plat Units 1~. ~ and 17, which
are postponed pursuant to paragraph 5 of ,~he Settlement
Agreement to which this Exhibit "B" is attau~e~ hereto.
Any liability or obligation (1) related in anylmanner to the
matters set forth in item (1) above and/or (fi) set forth in
the Proof of Claim filed by the city or relate~ ~o the matters
described therein.
~XHIBIT ~B~ ;
(1) . All obligations of GDC to construct, maintain a~d operate all
streets and drainage facilities located in Ithe City of
Sebastian, including, without limitation, all ~bligations of
GDC under that certain Agreement dated August 15, 1979 between
GDC and the City, except that the foregoing shall not include
GDC's obligations with respect to Plat Units 161and 17, which
are postponed pursuant to paragraph 5 of the Settlement
Agreement to which this Sxhibit "B" is attachedl hereto.
(2) Any liability or obligation (i) related in anylmanner to the
matters set forth in item (1) above and/or (iiI set forth in
the Proof of Claim filed by the city or related ~o the matters
described therein ~
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Rom Harsh Request Use of
Riverview Park and BSSC
Sebastian River Classic &
5-K Run - April 11, 1992
APPROVED FOR SUbMItTAL BY:
City Manager: ~/~/"~
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda Of
)
)
Cler - O'
12/12/91
12/18/91
Exhibits: Harsh Letter dated 12/10/91
EXPENDITURE AMDUNT ~P~PRIATI~
RE~IRED: BUDGETSD: RMTJIRED:
SL~4MARY STATEMENT
Ron Harsh, on behalf of the Sebastian River Classic Ccmmi~ee, is requesting
use of Riverview Park and Barber Street Sports Cc~pl~ on Saturday, April 11,
1992 for %he 2nd Annual Sebastian River Classic Auto Show, 50's Dance and 5-K
Run to benefit cc~struction of a bandshell. The ccmm%ittee is also requesting
use of the CAVOORP propez~ for public and show parkir~. If approved, the
dance w~uld take place in Riverview Park frcm 8:00 p.m. to 11:00 p.m.
City Council, at its January 9, 1991 Regular meeting, app~xT~ad Teens Against
Boredc~'s use of Riverview Park for the 1st Annual Sebastian River Classic a~d
5-K Run c~ April 13, 1991 to benefit TAB. Mr. Harsh was advised %o meet with
s~aff %o discuss parking of cars, to establish a raindate and to cc~tac% the
Health Depazb.~nt relative to food sales. At the February 13, 1991 Regular
meetir~ use of alcoholic beverages was denied and sign re--ts were
waived to allow placement three weeks prior wi%h the location to be
coordinated with ~he ~ty DeveloIm~nt office.
It is not apparent frcm the minutes that a security deposit was required.
REOCMMENDED ACTION
Revi~ therequestanda~ onaccording~.
5K RUN . CUSTOM CAR SHOW . RIVER ROCKIN DANCE PARTY
December 10~ 1991
Mr. Robb MoOler¥, City Manager
City of Sebastian
Sebastian, Florida
Dear Robb;
On behalf of the Sebastian River Olassic committee, I am
requesting the use off Riverview Park and the Berber Street
Sports Complex on April the eleventh - Saturday - For our
custom car show and 5-K run events.
Although we are still in the planning stages, we expect these
events to occur, es they did lest year, with the following possible
exceptions: First, we would like to hold a "fiftye" style dance
in the pavillicn from'8 to 11 pm. A D.J. will provide the music,
and there will be no admission charge. This dance will open to
adults end supervised children over 12 years old. Food will be
provide by e concession, end we expect e group of classic cars
will be parked nearby for atmosphere.
We would also greatly appreciate the use of the newly equired
property for both public and eNow car parking.
Our Fundraising efforts will be directed toward the construction
of a bandstand in the new park.
Please fell free to contact me at 589-4138 should you desire
any additional information.
~ruly,
Ron C. Harsh - Show CoOrdinator
TEENS AGAINST BOREDOM
PO Box 319 · Winter Beach FL 32971
(407) 589-7758
December 23, 1991
Sebastian City Council
1225 Main Street
Sebastian, FL $2958
RE: Sebastian Classic Car Show
Dear Councilmen,
I am writing you concernimg the Second Annual Teen
Center, major fund. raisor, known as the Sebastian Classic
Car Show.
Due to the hard work of Rom Harsh, Joe Dee'.foil and
many other bussiness men amd womem of this area, the
Sebastian Teen Center .recieved of [!~4000.00. This helped
us maintain the cost of rumning the center for the year.
Rom Harsh has again volunteered to be the:coordinator
of this very important evemt.
One major difference this year is that Teens Against
Boredom is able to handle all momeys and reciepts in their
own bank accounts. Our Treasurer is Pauline Adams and you
can call her with any questions, at 567~0S37.
T~e Sebastian Teen Center amd T.A.B. has proved to
be a womderfu! addition to this C£ty, we have provided
a place for the Teens i_m this area an alternative to
TEENS AGAINST BOREDOM
PO Box 319 * Winter Beach FL 32971
(407) 589-7758
hanging out in parking lots, and to some of ti~e pressures
they would be faced with i.n tha-t, type of surroundings.
¥?ithout this fund raisor it would be difficult to supply
the many needs of our members. Some of the important
activities that we are able to supply is the TAB Singers
that have e~tertained everyone from the elderly to the
i~dige~t childre~ of this county. There is also TAB
Dancers and many teens that volunteer their time at the
S~,.c.'~c i al Olympics.
P!~ase gi~e us permission to use the Ri~erview
.~ ~r~ on April ii, 1992 This event ~ms not only a fund
raisor, but pro~ed to be a major attraction for ma~y
people from all o~er the State.
Thankyou for your continuing support of the Sebastian
Tee~ Center and Teens Against Boredom.
C~c ere ly _,
Deborah ~¢. Jenkin,~
Adult Vice President, TAB
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Resolution No. R-91-49
Extension of Alcoholic
Beverage Sales - New Year' s
Day
APPROVED FOR SUBMI~AL BY:
City Manager:
)
) Date Sul~i~ 12/20/91
)
) For Agenda Of 12/30/91
)
) Exhibits: Resolutim No. R-91-49
EXPENDI21JRE AMKN3N~ APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
· SLI~MARY STAT~qENT
Section 4-2(b) of the Code of Ordinances provides for the extension of hours
of permitted operations of establishments otherwise licensed by the State of
Florida, Depa~'ht~nt of Business Rocjulation, Division of Alcoholic Beverages
and Tobacco, to sell, serve, offer to sell or offer to serve alcoholic
beverages for consumption c~ their premises on New Year's Day (J~nuary first).
If COuncil concurs with the extension, move to adopt Resolution NO. R-91-49,
thereby prohibitin~ the hours of operations between 3:00 a.m. and 7:00 a.m. on
Wednesday, January 1, 1991.
RESOLUTION NO. R-91-49
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROHIBI?ING THE SALE OR CONSUMPTION OF
ALCOHOLIC BEVERAGES AT ANY LOCATION WHERE ALCOHOLIC
BEVERAGES ARE PERMITTED TO BE SOLD OR CONSUMED PURSUANT
TO A LICENSE OR PERMIT ISSUED BY THE STATE OF FLORIDA
DEPARTMENT OF BUSINESS REGULATION, DIVISION OF
ALCOHOLIC BEVERAGES AND TOBACCO, BETWEEN THE HOURS OF
3:00 A.M. AND 7:00 A.M. ON NEW YEAR'S DAY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Section 4-2 (a) of the Code of Ordinances sets
forth the hours during which alcoholic beverages shall be sold,
consumed, served, offered for sale or offered for consumption, at
any location where alcoholic beverages are permitted to be sold
or consumed pursuant to a license issued by the State of Florida
Department of Business Regulation, Division of AlCOholic
Beverages and Tobacco; and
WHEREAS, Section 4-2 (b) authorizes the City Council to
extend the hours of permitted operation on New Year's Day; and
WHEREAS, the City Council desires to authorize the extension
of said hours for this occasion;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, that:
Section 1. HOURS OF SALE. Alcoholic beverages may not be
sold, consumed, served, permitted to be served or permitted to be
consumed-in any place holding a license for the the sale of
alcoholic beverages during the following hours:
BETWEEN THE HOURS OF 3:00 A.M. AND 7:00 A.M. ON TUESDAY
(NEW YEAR'S DAY), JANUARY 1, 1992.
Section 2. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoDtion.
The foregoing Resolution was moved for adoption by
Councilman . The motion was seconded by
Councilman and, upon being put to a vote,
the vote was as follows:
Mayor W.E. Conyers
Vice Mayor Frank Oberbeck
Councilman Peter Holyk
Councilman Lonnie Powell
Councilman George Reid
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1991.
ATTEST:
by:
CITY OF SEBASTIAN
W.E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
2
AERIE 40 67
Fraternal Order of Eagles
Jim Brussel - Secretary
815 Davis Street
Sebastian, Fl. 32958
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (4O7) 589-5330 [] FAX (407) 589-557O
SUBJECT:
POLICE STATION FACADE
Approved For Su~~y:
City Manager
Age nda Number: ~,/~/~/'/~
Dept. Origin: Community Development
Date Submitted: 12/27/91
For Agenda Of:
12/30/91
Exhibits: Letter dated 12/26/91
from Reeves, A.D.G.
Letter dated 12/13/91 from B.Cooper
Letter dated 12/20/91 from B.Cooper
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of December 11, 1991, the City Council approved the
change in the police station facade. On December 13, 1991, I sent a letter
to Jay Cooper ( A.D.G. ) advising them to start the design work. With no
response by December 20, I sent another letter to Keith Reeves asking for
an immediate response due to the ongoing construction of the police
station. On December 26, I received a letter from Mr. Reeves advising the
City that Architects Design Group will not do the design work as requested
by the City Council.
RECOMMENDED ACTION
Staff is still reviewing all options and will present a recommendation
at the meeting.
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
December 13, 1991
Jay Cooper
Architects Design Group, Inc.
P.O. Box 1210
333 North Knowles Avenue
Winter Park, FL 32790
Reference:
Change Order to Police Station
Dear Jay:
Attached is a sketch of the proposed police station facade
which the City Council at its regular meeting of December 11,
1991 approved its design.
Along with developing .plans, specifications and cost for the
proposed facade change please note the following:
1. The barrel tile roof color should match closely to the
existing City Hall's barrel tile roof.
2. The proposed glass within the Police Station has a blue
tint which should be changed to blend with the tile roof
and building color.
The exterior stucco finish should be changed to a
mediterranean type style, again to try and match City
Hall, instead of the smooth finish.
If you have any questions concerning this matter, please do
not hesitate to give me a call. Thank you.
Sincerely,/--h
Director of Community Development
BC/gk
psco.doc
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 B FAX (407) 589-5570
December 20, 1991
Keith Reeves
Architects Design Group, Inc.
P.O. Box 1210
333 North Knowles Avenue
Winter Park, Florida 32790
Reference,
Police Station Facade
Dear Keith:
Attached is a letter dated December 13, 1991 to Jay Cooper
regarding the police station facade. Attached also is a
letter dated December 18, 1991 from Phil Berth regarding the
police station facade and his concerns of any unnecessary
expenses or delay.
It is imperative that you advise us as soon as possible
regarding the time schedule regarding the drawings on the
police station facade and your recommendations regarding any
area of construction that should be placed on hold until the
plans and specifications are approved.
Please be advised that the facade changes as outlined in the
letter to Jay Cooper should also incorporate the 'side
elevations for the stucco, bands, and window sills.
Your immediate, response regarding this
greatly appreciated. Thank you.
matter would be
Sincerely,
DirectOr of Community Development
BC/gk
kr.doc