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HomeMy WebLinkAboutUS Postal Service - Main St THIS AG~K~E~T MADE this ~ 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 TN E S S E T M: 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 located; and WHEREAS, in order to facilitate the issuance of certain Owners' Title Insurance Policies in connection with 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 B. Skillman, his wife, signed by the USPS Skillman, his wife; W~REAS, it in favor of Roger M. and the USPS desires to is necessary to obtain a Quit-Claim Deed Skillman and Wauenta B. confirm that the City, 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 W~EREAS, 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, T-K~EFO~, 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 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 ~roperty identified on Exhibit "A" attached hereto and by this reference incorporated herein, to Roger M. Skillman and Wauenta B. Skillman, his wife. The quit-claim deed for the real property described in Exhibit "A" shall then be forwarded by the city Attorney to the Clerk of the Circuit Court for Indian River County, Florida, recording department, for recording in the Public Records of Indian River County, Florida, at such time as the realigned portion of existing facility of the open for public travel. 4. Savinas Clause. of any particular provision the other provisions hereof, Main Street passing in front of the USPS on Main Street is completed and The invalidity or unenforceability of this Agreement shall not affect and the Agreement shall be construed 3 (407~ in all respects as if such invalid or unenforceable provisions were omitted. 5. Interpretation of Aareement. 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 Florida. 6. Bindina Effect. warranties and representations be Indian River County, All of the terms, covenants, 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 attorney's the other parties (or its/his/their successors or opposed the prevailing party. 8. Notice. All notices or communications required or expenses of said action (including a reasonable fees) at trial and all appellate levels, from any of assigns) who permitted hereunder shall be in writing and shall be deemed 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 receipt 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 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 $. Harbor city Boulevard suite 505 Melbourne, Florida 32901 WALTER POPADEN, JR. Manager, Real Estate P. O. Box 22725 Tampa, Florida 33622-2725 constitute supercedes statements, forth in this Agreement or connection herewith. Neither shall in any way rely, upon 9. Entire and Sole A~reement. Except as specifically stated herein, this Agreement and the Exhibits referenced herein the entire agreement between the parties and all agreements, representations, warranties, promises and understandings not specifically set in the documents delivered in party has in any way relief, nor any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in this 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 finder or broker for a finder's fee party alleged to be responsible for or broker's commission shall is asserted by any purported or broker's commission, the arranging such finder's fee indemnify and hold harmless the 5 other party from any liability therefore. 11. Counterparts. This Agreement simultaneously in two or more counterparts, be an original, but all of which together and the same instrument. 12. Amendments. Neither this Agreement nor any term may be executed each of which shall shall constitute one 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 parties 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 Agreement if vacation is approved after public hearing and advertisement in accordance with all applicable governmental rules and regulations. Furthermore, notwithstanding any provision contained in this Agreement 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 ~l'~s H & To~, p.~ the Main Street which currently consent to vacating any such public utility easement. Executed by the parties hereto on the day and year forth below. Dated this~day of ~0~Tx/)~, 1990. road right-of-way unless the public utilities have an interest in such public utility easement set THE CITY: Kathr~h M. O'Halloran, CMC/AAE city Clerk (SEAL) CITY OF SEBASTIAN, a Florida municipal corporation WF~. Conye~ayor STATE OF FLORIDA ) COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared 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 severally 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/~t Sebastian, Indian River County, Florida, this~ day of /~aw~ , 1990. NO LIC: State of/~!orlda 'at Large - My~.~omm~ s si0n Expires: THE USPS: UNITED STATES POSTAL SERVICE municipal corporation STATE OF FLORIDA ) . COUNTY OF /'/Y//,~O~(~{_. ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County a~oresaid t~ take acknowled~ents, personally ~appeared ~o~ to me.to be the~.~/~~, of ~e United States Postal Se~lce, and th~ _he acknowledged before me that ~e executed the foregoing Agreement for the pu~oses therein e~ressed, under authority duly vested in h__ by the United States Postal Semite. IN WITNESS WHEREOF, I have hereunto se~ my han~ and affixed my official seal at ~/~ , County, Florida, this ~Y~-day of '~K~-- , 1990. State of Florida at Large '' ' My Commission Expires: ~ #y COmMiSSiON ~XP. ~0,~91 S