HomeMy WebLinkAboutR-92-17 RESOLUTION NO. R-92-17
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, AN AGREEMENT WITH
SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL PARTNER-
SHIP, IN A FORM IDENTICAL TO THE AGREEMENT ATTACHED TO
THIS RESOLUTION AS EXHIBIT "A", WHEREBY SEBASTIAN LAKES
ASSOCIATES WOULD DEDICATE CERTAIN STREET RIGHTS-OF-WAY
TO THE CITY AND PROVIDE FUNDS NECESSARY TO EFFECT
CERTAIN ROAD IMPROVEMENTS IN EXCHANGE FOR AN 18-MONTH
EXTENSION OF THE CONCEPTUAL DEVELOPMENT PLAN FOR A
PLANNED UNIT DEVELOPMENT KNOWN AS SEBASTIAN LAKES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council and Sebastian Lakes Associates, a
Florida general partnership, desire to enter into an agreement
whereby Sebastian Lakes Associates would dedicate certain rights-
of-way and provide funds for certain road improvements in
accordance with the provisions of the proposed agreement, a copy
of which is attached to this Resolution as Exhibit "A", and
incorporated herein by this reference, in exchange for an 18-
month extension of the conceptual development plan for a planned
unit development known as Sebastian Lakes; and
WHEREAS, the City Council has reviewed the proposed
agreement provided to them by City staff; and
WHEREAS, the City Council has determined that entering into
the proposed agreement will serve a public and municipal purpose
by providing much needed road improvements.
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 agreement between
Sebastian Lakes Associates and the City of Sebastian, a copy of
which is attached to this Resolution as Exhibit "A", and
incorporated herein by this reference.
Section 2. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILi?Y. 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 5. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
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 Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilwoman Carolyn Corum
Councilman George G. Reid
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The Mayor thereupon declared this Resolution duly passed
and adopted this u.l['~ day of ~~ , 1992.
ATTEST:
Kathr.~ ~. O'~all6ran, CMCTAAE
-'City Clerk '
( SEAL )
ov/t'
Appr o Form and Content:
Cha I~ ~ash, City A~to~n~y
CI.T¥~, SE~STIAN, FLORIDA
~--~oJnie R. P-o~,ay°
3
TMI$ AGREEM2ENT, made this ~ day of~~_~ , 1992,
by and between the CITY OF SEBASTIAN, FLORIDA, a Florida municipal
corporation (hereinafter referred to as the 'City'), and SEBASTIAN
LAKES ASSOCIATES, a general partnership organized and operating
under the laws of the State of Florida (hereinafter referred to as
"Associates').
WHEREAS, the City approved, in Ordinance No. 202-8, the
Conceptual Development Plan (the 'Plan') submitted by Arrowhead
Lakes Estates, a Florida general partnership, for a planned unit
development currently known as Sebastian Lakes (the
"Development"); and
WHEREAS, the City, in Ordinance 0-88-45, approved an amendment
to the Plan at the reguest of Associates, successors in interest
to Arrowhead Lakes Estates; and
WHEREAS, Associates failed to complete development in
accordance with the Plan within eighteen (18) months as reguired
by the Land Development Code of the City; and
WHEREAS, as a result of Associates' failure to complete
development, the Plan is subject to revocation by the City; and
WHEREAS, Associates desires to extend the Plan for an
additional eighteen (18) months; and
WHEREAS, the City is agreeable to extending the Plan for an
additional eighteen (18) months, subject to certain conditions.
NOW, THEREFORE, in consideration of the premises ~nd -the
mutual covenants contained herein, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
1. Dedication of Street Riahts-of-Wa~.
(a) Associates hereby agrees to 'dedicate the following
street rights-of-way to the City:
(i) An eighty foot (80') wide right-of-way for the
extension of Roseland Road, from County Road 512 to Laconia
Street, which Associates and the City anticipate will be partially
vacated and moved somewhat from its existing location, subject to
a proper design of its connecting intersections with County Road
512 and existing Roseland Road, and rededicated as Tract B toward
the west between the now-existing Tract B and the sewage treatment
plant as shown in attached Exhibit 'A"; and
(ii) An additional right-of-way for Laconia Street
to effect an eighty foot (80') wide right-of-way south of Roseland
Road and a sixty foot (60') wide right-of-way north of Roseland
Road plus sufficient right-of-way for a cul-de-sac on the northern
portion of Laconia Street as shown in attached Exhibit
(b) Associates agrees to negotiate with Indian River
County for a future access to the County Library site in addition
to the existing entrance from County Road 512.
(c) Within sixty (60) days of the execution of this
Agreement by both parties (and adoption by final City Resolution),
Associates shall deliver to First Union National Bank, Sebastian
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office, as escrow agent the deeds and instruments necessary to
effect dedication of the above described rights-of-way to the
City. Said deeds and instruments shall be fully executed and
acceptable to the City and the City Attorney as to form and
substance, and shall be delivered to the City by the escrow agent
upon acceptance of the bid for the improvements described in
Paragraph 2(a) in accordance with Paragraph 4 hereof.
2. ~treet Improvements.
(a) Obliq~tions of Associates.
(i) Associates hereby agrees to provide the funds
necessary to effect the following improvements to Laconia Street:
(1) Adding twelve (12) feet of pavement to
the existing pavement of Laconia Street to create a twenty-four
(24) foot two lane road;
(2) Construction of a cul-de-sac at the north
end of Laconia Street;
(3) Overlaying the current twelve (12) foot
wide lane of Laconia Street to provide an even riding surface; and
(4) Construction of a twenty-four (24) foot
wide two (2) lane road in the Roseland Road extension right-of-way
dedicated pursuant to Paragraph l(a)(i) above.
(ii) Associates further agrees to perform
inspections during construction of the improvements described in
Paragraph 2(a) and to approve progress payments for the work
described in Paragraph 2(a).
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expense,
Street.
(b) Qbliaations of the Cit~.
(i) The City hereby agrees, at its sole cost and
to improve the existing northbound lane of Laconia
Such improvement shall include:
(1) Correction of any base failures;
(2) Correction of any drainage problems; and
(3) Any and all other repairs necessary so
that Laconia Street may be overlayed with a new asphalt mat when
the street is widened to two lanes.
(ii) The City hereby agrees to permit one (1) curb
cut for ingress and egress to and from the commercial parcel on
Laconia Street, and a second such curb cut later upon submission
of a site plan, if reasonably acceptable to the City, and two (2)
curb cuts for ingress and egress to and from the commercial parcel
on the Roseland Road extension if a turning or third lane is
constructed by Associates at its cost for the curb cuts on
Roseland Road.
(iii) The City hereby agrees that it will reasonably
support Associates' request to the County for two (2) curb cuts on
County Road 512 to provide ingress and egress for the commercial
area.
(iv) The City hereby agrees that it will reasonably
support Associates' request for County transportation impact fee
credit based on the construction described in Paragraph 2(a) and
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all other improvements made by Associates which may be considered
for this purpose. Associates will apply to the County as soon as
possible after the execution of this Agreement.
3. En~ineerina, Desian an~ Construction Budget.
(s) Within forty-five (45) days from the execution of
this Agreement by both parties (and adoption by final City
Resolution), Associates shall, at its sole cost and expense,
prepare and deliver to the City all of the plans and documents
necessary to effect the improvements described in Paragraph 2(a),
including the following:
(i) Any and all necessary surveying, design,
construction drawings, bidding and contract documents;
(ii) A completed application with St. John's River
Water Management District for approval of the improvements
described in Paragraph 2(a);
(iii) A budget for the improvements described in
Paragraph 2(a), consisting of estimated construction costs,
including inspection, contract administration and testing, and
including an allocation of ten (10%) percent of the total budget
for construction contingencies; and
(iv) Any and all other documents and permits
necessary to effect the improvements described in Paragraph 2(a).
(b) The City Engineer shall review the materials
submitted by Associates pursuant to subparagraph (a) above and
shall report on their acceptability within fifteen (15) days of
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their receipt. In the event the City Engineer finds any~ of the
said materials to be insufficient, inaccurate or otherwise
unacceptable, the City Engineer shall inform Associates in writing
of such insufficiency, inaccuracy or unacceptability and
Associates shall have fifteen (15) days from receipt of said
written notice to correct the materials and resubmit them to the
City for approval.
4. Payment and Bid Procedures.
(a) Upon final approval by the City Engineer of the
materials described in Paragraph 3(a), Associates shall place in
escrow with the escrow agent the entire amount budgeted in
accordance with Paragraph 3(a)(iii).
(b) Upon notification of said funds in escrow, the City
shall bid the improvements described in Paragraphs 2(a) and 2(b)
in accordance with the bidding procedures established in Section
2-64 of the Code of Ordinance of the City.
(c) If the bids received by the City for the improvements
described in Paragraph 2(a) are within the approved budget, meet
bid specifications as determined by Associates and the City, and
are otherwise acceptable to the City and Associates, the City
shall proceed with the construction of all the improvements and
the escrow agent shall pay for the construction of the
improvements described in Paragraph 2(a) and return any unused
funds to Associates upon completion of same.
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(d) If the bid received by the City for the imprOVements
described in Paragraph 2(a) from the lowest responsible bidder
exceeds the approved budget, and if such bid is nevertheless
acceptable to Associates, Associates shall pay the difference
between said bid price and the approved budget within fifteen (15)
days of receiving written notice from the City, and the City shall
thereupon proceed with the construction of all the improvements
and the escrow agent shall pay for the construction of the
improvements described in Paragraph 2(a) and return any unused
funds to Associates upon completion of the same. If such bid
price from the lowest responsible bidder exceeds the approved
budget, but is not acceptable to Associates, the escrow agent
shall return the escrowed funds to Associates on demand.
5. Extension of Conceptual Development Plan. The Plan
shall be extended for an additional eighteen (18) months once the
following shall have occurred: (a) this Agreement shall have been
fully executed by both parties and formally adopted by final City
Resolution, (b) the bid received by the City for the improvements
described in Paragraph 2(a) shall have been approved pursuant to
Paragraph 4 hereof and (c) the deeds and instruments necessary to
effect the dedications described in Paragraph l(a) hereof shall
have been delivered to the City.
6. Time. Time is of the essence of this Agreement and each
and every provision hereof.
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7. Existinc Obligations. It is the intent of the 'parties
hereto that this Agreement shall supercede Section II of Ordinance
202-8 as revised by Ordinance 0-88-45. All ordinances or parts of
ordinances in conflict herewith are hereby repealed. Completion
of the work described in Paragraph 2(a) hereby relieves
Associates, its successors and assigns, of any further obligation
to contribute land or money for off-site or on-site improvements
whether for transportation, parks or other purposes; provided,
however, that nothing contained herein shall be construed to'
relieve Associates from the obligation of constructing those
improvements which, because of the particular design
characteristics of the Development, are required by the City's
Land Development Code and Comprehensive Plan.
8. ~. In the event Associates fails to observe and
perform any provisions of this Agreement to be observed or
performed by Associates, the City may, at any time thereafter,
without limiting the City in the exercise of any right or remedy
at law or equity which the City may have by reason of such default
or breach:
(a) Initiate action to revoke approval of the Plan;
(b) Initiate proceedings to determine whether the
property comprising the Development should be rezoned; and
(c) Pursue any and all other remedies now or hereafter
available to the City under the laws or judicial decisions of the
State of Florida.
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9. Savinus Clause. The invalidity or unenforceabiIity of
any particular provision of this Agreement shall not affect the
other provisions hereof, and this Agreement shall be construed in
all respects as if such invalid or unenforceable provisions were
omitted.
10. IDterDretation of A~reement. 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.
11. Bindinc Effect. All of the terms, covenants, warranties
and representations contained herein shall inure to the benefit of
and be binding upon the parties, their heirs, successors and
assigns.
12. A.ttornev's Fees and Costs. If any action is commenced
by any of the parties to enforce any terms, 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 fee) at
trial and all appellate levels, from any of the other parties (or
its/his/their successors or assigns) who opposed the prevailing
party.
13. Notice. All notices or communications required or
permitted hereunder shall be in writing and shall be deemed to be
delivered when personally served or three (3) days after deposit
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in the United States Mail, postage prepaid, registered or
certified mail, return .receipt requested, addressed to the parties
at the following addresses or at such other address as may have
been theretofore specified by written notice delivered in
accordance hereof:
TO THE CITY:
CITY OF SEBASTIAN
Attention: City Manager
P. O. Box 780127
Sebastian, Florida 32978
WITH A COPY TO:
CHARLES IAN NASH, ESQUIRE
City Attorney
930 S. Harbor City Boulevard
Suite 505
Melbourne, Florida 32901
TO ASSOCIATES:
SEBASTIAN LAKES ASSOCIATES
c/o T~]~ ST. PAUL CORPORATION
10 East Baltimore Street
Baltimore, Maryland 21202
Attention: Wayne E. Olson
WITH A COPY TO:
JOHN WHITE II, ESQUIRE
1645 Palm Beach Lakes Boulevard
Penthouse
West Palm Beach, Florida 33401
14. Entire and Sol~ A~reemeDt. Except as specifically
stated herein, this Agreement and the Exhibits referenced herein
constitute the entire agreement between the parties and supersedes
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 relied, nor shall in any way rely, upon any oral or
written agreements, representations, warranties, statements,
promises or understandings not specifi=ally set forth in this
Agreement or in such documents.
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15. 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.
16. ~. 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.
17. ~. The headings in this Agreement are for
purposes of reference only and shall not limit or otherwise affect
the meanings hereof.
IN WITNESS WHEREOF, the parties have hereupon set their hands
and seals the day and year first above written.
ATTEST: ~/~nnie R.
~"thr~ M.- 0 H~lloran
CMC/AAE, City Clerk
(SEAL)
Charles ~'an Nash
City Attorney
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SEBASTIAN LAKES ASSOCIATES
ATTEST:
By:
Wayne E. 01son, as the
Vice President of The St. Paul
Corporation, its Managing Partner
Secretary /
/
(CORPORATE SEAL)
8655W/clc
2095/2390
3/05/92-4
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