HomeMy WebLinkAbout(#13) Cross Creek Lake Estates - SidewalkWARREN W. DILL
Also admitted in
Wyoming
Nebraska
Email: wdilldelaw@bellsouth.net
DILL & EVANS, P.L.
ATTORNEYS AT LAW
1565 US Highway 1
Sebastian, Florida 32958
(772) 589-1212
Fax (772) 589-5212
April 11, 2013
Honorable Mayor Bob McPartlan
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE: Cross Creek Lake Estates
Section 544 —19.5(f)(2)
Guarantee of Sidewalk Construction
by "Alternate Irrevocable Form"
Our File No. 12-256
Dear Honorable Mayor McPartlan and Council Members:
JoHN G. EvANs
Also Admitted in
California
Email: delawl@bellsouth.net
The above referenced subdivision is being developed jointly by Cross Creek Lake Estates, Inc.,
Henry A. Fischer, President owning its area of the subdivision with 77 lots for sale ("Total Lots") and
Campanelli Development Corporation, Inc., Ralph Campanelli, President, owning its respective area of
the subdivision with 61 lots for sale ("Total Lots"). All required subdivision improvements have been
installed with the exception of sidewalks. The purpose of this letter is to request the use of this letter as
an "alternate irrevocable form" of guarantee for the construction of sidewalks, in lieu of a cash bond,
personal bond with a letter of credit or surety bond to guarantee.
Approximately, forty-three percent (43%) of the sidewalks have been installed in Henry Fischer's
subdivision, where they will not be damaged during the construction of a home. It is impractical to
construct sidewalks in the remainder of the subdivision at this time when future construction activity of a
home would destroy most of the sidewalk on the lot.
The three forms of guarantee for required improvements provided in the Land Development Code
are unworkable for sidewalks because sidewalks are not installed until after a lot is sold and the home
constructed. In the current economy it could be years before all of the lots in Cross Creek Lake Estates
are developed. Bonds and letters of credit are not available for indefinite periods of time and it would be
a hardship to have to post a cash bond for an unknown period of time. The Land Development Code
recognizes that the three (3) typical forms of guaranteeing subdivision improvements are not always
appropriate by providing for an "alternate irrevocable form" of guarantee.
As previously stated, a substantial portion of the sidewalks have already been installed. The
Declaration of Conditions, Covenants, Easements and Restrictions for the subdivision requires every lot
owner to construct a sidewalk to the construction standards required by the City, along the entire length of
that owner's lot before a Certificate of occupancy is issued. See Article VI Section 24 Sidewalks of the
Declaration.
Honorable Mayor Bob McPartlan
April 11, 2013
Page 2 of 2
As further assurance to the City that the sidewalks will be installed, Cross Creek Lake Estate, Inc.
and Campanelli Development Corporation, Inc. as set forth below irrevocably guarantee that when
ninety-five percent (95%) of their respective Total Lots have been sold and a home constructed thereon
each will be responsible for constructing the sidewalk on the remaining unsold five percent (5%) of their
Total Lots, thereby insuring that the private road right-of-way within Cross Creek Lake Estates will
contain a complete sidewalk system.
Very t ly yours, ,
Warren W. Dill
Acknowledgement and Guarantee
Cross Creek Lake Estates, Inc. for itself and its successor and assigns, hereby acknowledges that it has
read the foregoing and agrees therewith and further irrevocably guarantees that when ninety-five percent
(95%) of its Total Lots have been sold and a home constructed thereon it will construct a sidewalk on the
remaining unsold five percent (5%) of its Total Lots.
Cross Creek Lake Estates, Inc.,
a Florida corporation
By:
g/"' "'o z"4" .
Hen A. Fischer, President
Dated this // day of ;l 2013
Attest:
IL/'/
Charles A. Cramer, Secretary
Campanelli Development Corporation, Inc. for itself and its successor and assigns, hereby acknowledges
that it has read the foregoing and agrees therewith and further irrevocably guarantees that when ninety-
five percent (95%) of its Total Lots have been sold and a home constructed thereon it will construct a
sidewalk on the remaining unsold five percent (5%) of its Total Lots.
Campanelli Development Corporation, Inc.
a Florida corporation
By:
alph Campane , President
Dated this day of 2013
Attest:
Q��fiecretary
(PITname) '
WWD/jlb
Enclosure
w 1clients%deffucher, henry, hank, erickross creek lake estates, incieasement with campanelh development corplmcpardlan ltr 4-10-13.doc