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HomeMy WebLinkAboutR-90-30 RESOLUTION NO.: R-90-30 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY, AN AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA, AND THE UNITED STATES POSTAL SERVICE CONCERNING THE REALIGNMENT OF MAIN STREET; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida is currently realigning a portion of Main Street, ad3acent to the Sebastian branch of the United States Postal Service, an agency of the United States of America; and WHEREAS, the United States Postal Service has committed to pay for design and construction of improvements on the property it now owns; and WHEREAS, the United States Postal Service has agreed to transfer a portion of its property to Roger M. and Wauneta B. Skillman at such time as the Main Street pro3ect is completed and open for public travel. 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 execute, on behalf of the City, the proposed Agreement being attached hereto as "Exhibit A" and by this reference incorporated herein, thereby binding the City as a party thereto. 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 Ail resolutions or parts of resolutions in conflict herewith are hereby repealed.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 jurisdiction 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 said 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 L~A . 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 Robert L. McCollum Councilman Lonnie Powell Councilman Lloyd Rondeau - 2 - The Mayor thereupon dec~lared this Resolution duly passed adopted this day of _ ~ , 1990. and CITY OF SEBASTIAN, FLORIDA .ATTEST: ~. E. C6nyer/z~, Mayo~ ~'--~'/ .~ , (:t, /¢ ~ :~_~_~ ~.~ Kathr¥~ M. O'Halloran, CMC/AAE City Clerk (Seal) Approved a~Form and Content: Charles Ian Nash, City Attorney - 3 - S- }L~-oRCrrr (407) I~AJ~ (407) ~1-,~741 THIS AGREEMENT MADE this ~-Q~4 day of~~3~- , 1990, by and between the CITY OF SEBASTIAN, Florida, a Florida municipal corporation, hereinafter referred to as the "City", and the UNTIED STATES POSTAL SERVICE, an agency of the UNITED STATES OF AMERICA, hereinafter referred to as the "USPS". The City and the USPS may hereinafter referred to collectively as the "parties". W I T N E S S E T H: WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida (hereinafter referred to as the "City Council") has determined that in order to provide a safer roadway for the residents of Sebastian, a portion of Main Street should be realigned, from what was formerly the western entrance to a certain platted Right-of-Way known as Yucca Court (which has since been abandoned pursuant to Ordinance 0-85-13), to the western boundary where the city hall for the City of Sebastian, Indian River County, Florida is currently locatedY and WHEREAS, in order to facilitate the issuance of certain Owners ' Title Insurance Policies in connection ~ith the consummation of the Agreement for Exchange of Real Property entered into by and between the City, Carl R. Julian, individually and as Trustee, and Roger M. Skillman and Wauenta Skillman, his wife, it is necessary to obtain a Quit-Claim Deed signed by the USPS in favor of Roger M. Skillman and Wauenta B. Skillman, his wife; and WHEREAS, the USPS desires to confirm that the City, )0 S. I-I~.so}t Crrr DLv{). Svrrg 505 ~i.))OUR)~, FL 32901 (407) 084-3300 I~AX (407) 951-3741 without seeking any contribution to the funding thereof by the USPS, shall construct the alignment to Main Street so that upon its completion, the paved portion of Main Street shall abut the existing paved driveways being utilized by the USPS at its Main Street Sebastian facility; and WHEREAS, the City desires to confirm that the USPS, at its expense, shall construct any site work it decides is necessary or convenient to its utilization of its existing facility and any additional real property it receives due to the vacation of any portion of the existing Main Street roadway and road right-of-way by the City or due to the transfer of any portion of the existing Main Street roadway and road right-of-way to the USPS by Carl R. Julian, individually and as Trustee, or by Roger M. Skillman and Wauenta B. Skillman, his wife, including the cost of removing any pavement on any such real property received by the USPS. NOW, THRREFORE, in consideration~"..of the premises and the mutual covenants contained'herein, the receipt and sufficiency of which are hereby acknowledged, ~the parties hereto agree as follows: 1. Construction by. the city of Main Street.': The City shall construct the alignment to Main Street so that upon its completion, the paved portion of realigned Main Street roadway shall abut the existing paved driveways being utilized by the USPS at its Main Street Sebastian facility. The USPS shall not be required by the City to contribute to the expense incurred in connection with such construction. 2 ~0 S, l~L~.~o R C mw BLva Su~r~ 505 t~h.ounsg. FL 32901 (407) 984-3300 FAX (407) 2. construction bY the USPS of its site improvements. The USPS shall be responsible for the expenses of any site improvements it makes on the real property it now owns, or any real property the USPS may receive in the future on the south side of what will then be Main Street after the construction of the realignment of Main Street in the process of being commenced by the City is completed, including the cost of removing pavement from any portion of the existing Main Street roadway which becomes the property of the USPS. 3. Transfer by the USPS to Skillman. The USPS shall deliver to the City Attorney for the City, (hereinafter referred to as the "City Attorney"), a duly executed quit-claim deed conveying any interest that the USPS may have in the real property identified on Exhibit "A" attached hereto and by this reference incorporated herein, to Roger'S. Skillman and Wauenta B. Skillman, his wife. The quit-claim died for the real property described in Exhibit "A" shall-~ then be forwarded by the City Attorney to the Clerk of the C~rcuit Court for Indian River County, Florida, recording department, for recording in the Public Records of Indian River County, Florida, at s~Gh time as the realigned portion of Main Street passing in front ~of the existing facility of the USPS on Main Street is completed' and open for public travel. 4. Savinqs Clause. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and the Agreement shall be construed Su~Tz 505 [F-~.,OOL'~Z, IV]I, 32901 (407) 984'3300 FAX (407) 9~ii-3741 in all respects as if such invalid or unenforceable provisions were omitted. 5. Interpretation of Aqreement. This Agreement shall be construed, governed and enforced in accordance with and by the laws of the State of Florida, and venue for any action to enforce or to interpret this Agreement shall be Indian River County, Florida. 6. Bindinq Effect. All of the terms, covenants, warranties and representations contained herein shall be binding upon the parties, their heirs, successors and assigns. 7. Attorney's Fees and Costs. If any action is commenced by any of the parties to enforce any term, covenant, or condition of this Agreement or to obtain declaratory relief at law or in equity, the prevailing party shall be entitled to all costs and expenses of said action (including a reasonable attorney's fees) at trial and all appe~iate levels, from any of the other parties (or it~/his/their successors or assigns) who opposed the prevailing party. '~ 8. Notice. All notices or communications required or permitted hereunder shall be in writing and shall be ddemed to be delivered when personally served upon the person to receive it or three (3) days after deposited in the United States Mail, postage prepaid, registered or certified mail, return receip~ requested, addressed to the parties at the following addresses or at such other address as may have been heretofore specified by written notice delivered in accordance thereof: 4 30 ~ H~z-~)~ CrrY l~l~,vD~ (407) 084-3300 I~A.~ (407) 051-3741 TO THE CITY: WITH A COPY TO: TO THE USPS: CITY OF SEBASTIAN Attn: city Manager P.O. Box 780127 Sebastian, Florida 32978 CHARLES IAN NASH, ESQUIRE City Attorney 930 S. Harbor City Boulevard Suite 505 Melbourne, Florida 32901 WALTER POPADEN, JR. Manager, Real Estate P. 0. Box 22725 Tampa, Florida 33622-2725 9. Entire and Sole Agreement. Except as specifically stated herein, this Agreement and the Exhibits referenced herein constitute the entire agreement between the parties and supercedes all agreements, representations, warranties, statements, promises and understandings not specifically set forth in this Agreement or in the documents delivered in connection herewith. Neither party has in any way relief, nor shall in any way rely, upon any oral' or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in thi~'Agreement or in such documents. ,. 10. Finder's Fees or Broker's Commissions. ~No party shall be obligated to pay any finder's fee or broker's commission in connection with the transactions contemplated by this Agreement. In the event any claims is asserted by any purported. finder or broker for a finder's fee or broker's commission, the party alleged to be responsible for arranging such finder's fee or broker's commission shall indemnify and hold harmless the [0 ~ HARIk')P, CITY BL%'D, [~,n0uaNg, FL 32901 (407) 984-3300 [VAX (407) 951-3741 other party from any liability therefore. 11. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. 12. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 13. Headinqs. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. 14. Vacation of Road. Notwithstanding anything contained in this Agreement to the contrary, the ~arties hereto agree and acknowledge that this Agreement does not.,bind the City Council to vacate any portion of Main Street, but only requires the City to comply with the terms, of this Aggeement if vacation is approved after public hearing and advertisement in accordance with all applicable governmental rules and regulations. Fh~thermore, notwithstanding any provision contained in this AgreemenC to the contrary, the vacation of any portion of the road right-of-way of any portion of the existing Main Street (if approved by city Council after public hearing and advertisement in accordance with all applicable governmental rules and regulations) shall operate to terminate any public utility easements currently existing in 6 ~RESI~. I~ALL,AC g. ~0.~ ILou~, Crr~ Bt.vt). SI;ITE [EU~OURN~. FL 32/K)1 (407) 054-3300 F'AX (407) 0~1-3741 the Main Street road right-of-way unless the public utilities which currently have an interest in such public utility easement consent to vacating any such public utility easement. Executed by the parties hereto on the day and year set forth below. Dated this.~.. '~'day of /~'~;)'~ , 1990. THE CITY: Attest: Kathr~h M. O'Halloran, CMC/AAE City Clerk (SEAL) CITY OF SEBASTIAN, a Florida municipal corporation W?E'-. Conyers./2~ayor / STATE OF FLORIDA ) COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this d~y, before me, an officer duly authorized in the State and CoUnty aforesaid to take acknowledgments, personall7 appe. ared W. E. CONYERS and KATHRYN M. O'HALLORAN, personally known to me to be the Mayor and City Clerk, respectively of the City of Sebastian, Florida, a Florida municipal corporation, and that they several,ly acknowledged before me that they executed the foregoing Agreement for the purposes therein expressed, under authority duly vested in them by said municipal body, and that seal affixed thereto .is the true corporate seal of the City of Sebastian, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official' seal at Sebastian, Indian River County, , 0. State of/ Florida a'-t Large My Commission Expires: 7 THE USPS: UNITED STATES POSTAL SERVICE municipal corporation As its ~4~. STATE OF FLORIDA 3 , COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County a~oresaid to take acknowledgments, personally _appeared ~./~~~j,~. , known to me to be the~.~/~~/4~ 0~t~he Un'lted States Postal Service, and t~3c he acknowledged before me that he executed the foregoing A~reement for the purposes therein expressed, under authority duly vested in h by the United states Postal Service. IN WITNESS WHEREOF, I have hereunto se~ my han~ and affixed my official seal at 7-~,~;~ .-~ , County, Florida, this ~-day~6~ NOT~R.Y. PUBLIC, State of Florida at Large My Commission Expires: " ~OTAI~¥ P,J~/~C STAFF OF ~LORIOA ~D[O THRU ~[~ERAI. ~NS. UNO, 8