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HomeMy WebLinkAboutReleaseRELEASE I, Rolf Zurstrassen, do hereby release the City of Sebastian from any further liability of claims of any type. The undersigned has executed a voluntary dismissal with prejudice for the claims against the City of Sebastian. Executed this _ day of November, 2000. Ro Zurstrassen 106 North Cortez Circle I Margate, FL. 33067 954- 972 -4105 State of Florida County of Indian River BEFORE ME personally appeared Rolf Zurstrassen to me well known and known to me to be the claimant herein and who executed this GENERAL RELEASE in my presence and who acknowledged he did the same for the purposes set forth herein. EXECUTED \hisk'S day of NOVEMBER, 2000. Notary Public My commission expires: 5�*Y,, oa CARL J. YAREMA, JR. COMMISSION # CC 646643 o EXPIRES JUN 2, 2001 BONDED THRU %OF ATLANTIC BONDING CO., INC. City of Sebastian, Florida 1225 Main Street ❑ Sebastian, Florida 32958 Telephone (561) 589 -5330 CI Fax (561) 589 -5570 MEMORANDUM To: 1, �ichtringer, City Attorney Kay O'Halloran, City Clerk Sally Maio, Deputy City Clerk From: Terrence Moore, City Manager Date: March 20, 2000 Subject: Rolf Zurstrassen — Cost Share Agreement Residential Property on Concha Drive Please find the attached background information relative to a cost -share agreement between a Mr. Rolf Zurstrassen and the City of Sebastian (executed in 1997) for culvert pipe installation for an incompletely constructed home located at 415 Concha Drive (I believe that this is the correct address). Essentially, Mr. Zurstrassen is seeking payment for the aforementioned improvements, a $7,750 expenditure. Earlier this morning, both Martha Campbell and I met with Mr. Zurstrassen. I explained that we would get back to him so as to resolve this matter, once proper investigation is complete. What are your thoughts, if any, with regard to such situation? My position is if we bound by such a contract, then the City must obviously pay. However, if other circumstances exist which relieved us of this arrangement, let me know so as to .\ prose d accordingly. Terrence Moore TRMI Attachment Cc: Martha Campbell, City Engineer My Documents /Zurstrassen City of Sebastian, Florida Subject: Consideration of the Piping of Agenda No. � /9 Drainage Outfall Ditch between Lots 14 and 15, Block 293, Unit 11, Sebastian Highlands Department Origin: City Manager Subdivision Date Submitted : August 8, 1997 For Agenda of. August 13, 1997 Approved for Submittal by: City Manager Exhibits: Cost estimate • Survey of two lots reflecting the two proposed houses and the easement of concern • Location map • Copies of original data off GDC drainage plans EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $8,004 $8,000 $8,000 SUMMARY STATEMENT Recently, building permits were applied for on Lots 14 and 15, BIock 293, Unit 11, Sebastian Highlands for Klaus and Rolf Zurstrassen. Both houses are the same size, approximately 2,700 square feet each. Their widths are such that they comply with the minimum required side yard setback of 10 feet each. Lying between the two proposed homes are two 6 foot drainage and utility easements providing for a total of 12 feet to accommodate a large drainage outfall ditch. The original design by General Development Corporation (GDC) represented an out fall ditch typically being 1 % feet deep and 12 feet wide providing for a 3:1 slope. However their actual elevation data concluded that the ditch near the outfall at the bulkhead would be approximately 6 feet deep. A six foot deep ditch with a 3:1 slope as represented would require a minimum width of 48 feet. Instead, the end product becomes a 12 foot wide 6 foot deep ditch with side slopes of 1:1. The reality is that a ditch with a 1 :1 slope cannot be maintained; it will sough off over time. Considering the setbacks of the two houses, this is going to duplicate the situation Mrs. Millie Edwards brought to the individual Council Members attention. The solution to the problem is to pipe the ditch prior to the construction of the two houses. Mr. Rolf Zurstrassen contacted the City relative to the problem and has suggested some form of cost sharing between he and his brother and the City of Sebastian. The City Engineer undertook a cost estimate to pipe the ditch. Predicated on the need to go through the bulkhead and install a drop bottom catch basin, it was concluded that if any cost sharing be considered, that it only be for those portions of the project directly impacting the piping project. Those particular items are the installation of the catch basin and the work going through the bulkhead. Those costs are estimated at $7,750. The cost of the permit could vary between $100 and $500. The City would propose a cost share of a maximum amount riot exceed $8,000 including the cost of the permit. The intent would be to enter into a funding agreement wherein, the Zurstra.sseens would take the responsibility for the actual installation with the City contributing up to an amount not to exceed $$,000 including permit. The City would undertake the actual expediting of the permit with Water Management District. The estimated cost for the total project is $19,310. In this scenario, the property owners would be assuming an estimated cost of $11,310. Considering the potential liability and the potential increased costs that could occur if the outfffl ditch had to be piped after the homes were completed, it is logical to pipe the ditch now. And, since the property owner is offering to proceed under these terms, it seems that this would be a good solution to avoiding a problem in the future. RECOIV MNDED ACTION If the Council is in agreement based on the facts as outlined, move to approve the proposal such that staff would prepare a cost share agreement for the Council Consideration at the August 27, 1947 meeting. The proposed funding source for this expenditure would be from the perimeter pipe program as reflected within the Capital Improvements Program. Catch Basin & Culvert Pipe Installation Concha Drive @ Crowberry Lane Scope of Work: Enclose e:dsting drainage ditch with culvert pipe and catch basin. Install drop inlet catch basin on Concha Dr. adjacent to the intersection with Crowberry Lane. Install 48" RCP from new catch basin between Lots 14 & 15 in Block 293. Install 24" CAP into catch basin along front property swale. Replace existing 30" outfalI at seawall with 48" RCP to match newly installed pipe. Estimated Costs: Permit.. 40C-42 $100 (if 40C-40 is required, $500) Materials & 7nstailation Cost: Furnish & Install 48" RCP 140 LF @ $61, 50/LF $8,610 Furnish & Install 24 "CAP 60 LF @ S25/LF S1,500 Furnish & Install 48 " Seawall Pipe Sleeve S1,500 Drop Bottom, Type HInlet S4,750 Dewatering S2,000 Compact Fill, Top Soil & Regrade $ 500 Maintenance of Traffic (MQT) $ 450 Total Project $19,310 Italic is City Share $7,750 ,Moab, N, LJ > X C:21 < u 31 LIJ > U o, CL m LLJ exhibit "All u U LL, a P4 LL- Lo L) LLJ CrVN I—N.3N:LSV3 1-1-21 2� �vNivNcf 9 -L in D ,! LJ C:, 3 , <W "W M 0, C4 IL . -=— : LN', 03 CL 7 lX -11 112 CD cz M r-L 'Z B,.9 I- CO LO 10 "P, I- f % 3,00,t,F, CU 4�D L.J 0 D: < ma. LoF LL1 � +D CL �7- o . . < c? cu L J % I cu co all LL1 .9 z uj CLI ra LLI h- u LL, LIJ --� :>: � Z C) < F- < . �u p U W • *-T Cf) IX -i A M LLJ L3 w I L IL Ld < z < 0� 94 .tlI1I1f� '8 -3DVNIV8(I J cu. SV3 MVNS� Ci i Tii-En -,g LO < m cu LD C3 1'4 f_ = j y�01y - �' 1 II � U < cz z A •r < •9 3,00,t,F, CU 4�D L.J 0 D: < ma. LoF LL1 � +D CL �7- o . . < c? cu L J % I cu co n z uj ra LLI h- u LL, LIJ --� :>: � Z C) < F- * P: fr %D cLj u. < � < m LIJ /Y 2 2GREEMENT THIS AGREEMENT is entered effective this day of , made this day of ,,11996, by and between the City of Sebastian, Indian River County, Florida, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to as "City ") and Mr. Rolfe Zurstrassen, owner of Lots #14 and #15, Block 293 of Unit 15 of the Sebastian Highlands (hereinafter collectively referred to as "Owner ") located on Concha Drive at Crowberrry Lane ( "Property ") . WHEREAS, the Owner owns two adjacent properties as set forth in Exhibit "A" of this Agreement that contain a public utility easement which serves as a drainage outfall ( "Easement "); and WHEREAS, the owner wishes to develop the property and desires to install a culvert pipe on the Easement while the Property is being developed, thereby handling all offsite outfall drainage and allowing acceptable slopes in the front and side of the Property. WHEREAS, the City believes it is in the best interest of the citizens of Sebastian to install a culvert pipe on the easement between the Property to minimize risk exposure and economic liability; and WHEREAS, the City is responsible for a portion of the improvements since the Easement serves as a drainage outfall for the City and the Owner wishes to obtain the economic and maintenance advantage of said improvements. IT IS, THEREFORE, AGREED as follows; 1. Recitals.. The above recitals are incorporated herein as if set forth in their entirety. 2. AgMep.Men, The owner shall secure the services of a qualified contractor, experienced with storm water drainage improvement construction to perform necessary culvert pipe and Easement work. The contract shall clearly identify the following contract line items, at a minimum: a. Furnish & Install 140 lineal feet of 48" RCP b. Furnish & Install 60 lineal feet of 24" CAP C. d. Furnish & Install Type H FDOT Inlet e. Compact Fill, Top Soil, Regrade & Sod 3. The S W D Permit. The City shall make application with SJWMD for the appropriate permit governing the installation of culvert pipe. The cost of the permit will be deducted from the City's proportionate share of the total project cost. The City shall make application within (if not before) 10 working days from the execution of this agreement. It is acknowledged that the implementation of terms of this agreement are contingent upon the receipt of a SJWMD permit and that the City does not guarantee permit issuance. 4. inspections. The City shall inspect property and work at any time during installation. Those activities that require City review prior to proceeding with the next step are listed below. The Owner shall notify the City 48 hours prior to the following project milestones_ L. Pre- construction survey. The Owner shall grade and set invert elevations for pipe and inlets. The City shall review and approve these elevations prior to installation of pipes and inlet box. b. Pipe. The Owner shall install pipe and set inlet box. City shall approve final elevations of final pipe and inlet locations prior to filling and shall inspect workmanship of pipe installation. C. Final grades prior to sod installation. The City shall inspect final grades prior to sod installation and release owner to sod disturbed areas. S. Project RUdUpt and Schedule. The Owner shall complete the work within one hundred and twenty days following the City's acquisition of the SJWMD permit. 6. c ong , Uef inn of the Pr ' ect. The Owner shall be responsible for the control, scheduling and coordination of the overall construction activities for the Project, including control of construction progress to insure completion of the work. The Owner will provide supervision and organization of all construction support activities at the Easement. The Owner will provide surveillance of the work to insure compliance with the plans and specifications. 7. niat„ ±rgaments The City shall be responsible for the cost of the Work in an amount not to exceed eight thousand dollars ($8000) of the total cost of the Work. The Owner will maintain records of costs, payments and anticipated total cost of the Work. Upon completion of the Work, the Owner shall submit a statement to 3 the City which itemizes the total cost of the Work and the portion of the cost which is the responsibility of the City. The City shall pay its proportional share of the cost of the Work within thirty (30) days of the final inspection and acceptance of the Work by the City. The City shall have the absolute right to require the removal, replacement, and /or repair of any unacceptable Work, as determined by City standards. 8. a owner shall hot 1 agen� and , from all suits, on , damages, los- Mes, including aZ4W gtlIts of e d description -- _` -'— - traction _, a owrF= sl indemnify and save harmless from all claims, demands, causes of action, or suits of whatever nature arising out of the labor and materials furnished by the Contractor under this contract, and from all laborers', materialmen's and mechanics' liens upon the work or upon the property upon which the Work is located arising out of the labor and materials furnished by its contractors under this contract, and shall keep the Easement free and clear of all liens, claims, and encumbrances arising from the performance of this contract. 9. This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. 4 ATTEST: Kathryn 'Halloran CMC/AAE, City Clerk iSEAL) THE CITY OF SEBASTIAN By: Name: 'Thomas W. Frame Title: City Manager Rolfe sssen By: Name: vl /c' Title: Approved as to legal form and content: Valerie F. Settles, City Attorney 5 •. �Y 7