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RESOLUTION NO. R-92-45
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 ADDENDUM TO THE
AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SEBASTIAN
LAKES ASSOCIATES, IN A FORM IDENTICAL TO THE ADDENDUM
ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, In Resolution R-92-17, the City Council approved an
agreement between the City and Sebastian Lakes Associates, a
Florida general partnership, whereby Sebastian Lakes Associates
agreed to 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. A
copy of said agreement is attached hereto as Exhibit "B"; and
WHEREAS, due to financial considerations, Sebastian Lakes
Associates has requested that the City agree to certain amendments
to the aforementioned agreement; and
WHEREAS, the city and Sebastian Lakes Associates have reached
tentative agreement on the amendments to said 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 document entitled
"Addendum to the Agreement Between the City of Sebastian and
Sebastian Lakes Associates", a copy of which is attached to this
Resolution as Exhibit "A", and incorporated herein by this
reference.
SECTION 2. CONFLICT. Ail resolutions or
resolutions in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY. In the event a
parts of
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 final passage.
~ OF SEBASTIAN ~
Lonnie R. P~well, Ma~l~r
ATTEST:._
~'~a~hr~h ~' O~alloran, C~C//~E
.... City ~lerk "'
-[SEAL]
The foregoinq . Resolution was moved for adoption by
Councilmember ~/c . The motion was seconded by
Councilmember r ~'/~JA~t~ and, upon being put to a vote,
the vote was as follows:
Mayor Lonnie R. Powell
Vice Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Peter Holyk
Councilmember George Reid
adopted this ~day of .. , 1992.
Approved/~ws to Form and Content:
Cha~d" 'ia'n Nash~, City Attorney