HomeMy WebLinkAbout1997 AgreementCORRECTION AGREEMENT
This Correction Agreement entered into thiso~ day of~'~'//~t'W2/'/t~t6~,, 1997, by and between
the City of Sebastian, Indian River County, Florida, hereh{after the' City', and CornerStone Select
Homes, Inc., hereinafter "Developer", to correct language w/thin their existing agreement
"Agreement" on "Sebastian Island" to the mutual benefit of both parties.
WHEREAS, on January 16, 1997, the City and Developer entered into an agreement on the
subdivision known as Sebastian Island to create a private commumty, vacate streets, exchange
property, of like value and benefit, grant easements onto each other and other items related to the
development of Sebastian Island, and,
WHEREAS, pursuant to the aga-eement of January 16, 1997, the City., on March 5, 1997 adopted
Ordinance No. 0-97-42 vacating the streets within Sebasttan Island; and,
WHEREAS, pursuant to the agreement of January 16, 1997, the City on March 26, 1997 adopted
Resolution No. R-97-22 Authorizng the City Manager to sign, on behalf of the City, the necessary
documents as required by the "Agreement", and,
WHEREAS, both the City and the Developer agree that this Correction Agreement does not alter
the intent or material content of the original "Agreement" but serves to act as an agreement to
correct various Scriveners Errors.
NOW THEREFORE, the parties agree as follows:
The Legal Description for Tract "U" Block 598, as shown on page 2 of the original
"Agreement" is to be revised to read:
All that certain land situated in Sebastian Highlands Unit I7 as recorded in Plat
Book 8, Page 46M of the land records of tndian River County, Florida, and that
portion of the previously vacated rights of way for Empress Avenue and Ithaca
Avenue described as Beginning at the Southwest comer of Tract "U", Block 598,
said plat of Sebastian Highlands Unit 17, mn East a distance of 100.00 feet to the
point of curvature of a curve concave to the Northwest, thence along the curve
having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of
39.27 feet, thence, mn North a distance of 60.00 feet, thence East a distance of
25.00 feet, thence, South a distance of 1 I0.00 feet, thence West a distance of
150.00 feet, thence North a distance of 25.00 feet to the Point of Beginning.
2. The Legal Description for Tract "W" Block 595, as shown on page 2 of the original
"Agreement" is to be revised to read:
All that certain land situated in Sebastian Highlands Unit 17 as recorded in Plat
Book 8, Page 46M of the land records of Indian River County, Flor/da, and that
portion of the previously vacated fights of way for Empress Avenue and Spring
Valley Avenue described as Beginning at the Northwest comer of Tract "W",
Block 595, said plat of Sebasuan Highlands Unit 17, nm East a distance of
100.00 feet to the point of curvature of a curve concave to the Southwest, thence
along the curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc
distance of 39.27 feet; thence, mn South a distance of 66.00 feet, thence East a
distance of 25.00 feet, thence, North a distance of 116.00 feet, thence West a
distance of 150.00 feet, thence South a distance of 25.00 feet to the Point of
Beginning.
3. The City Manager is authorized to sign any and all documents necessary to implement
this agreement or the agreement of January 16, 1997
J /a 'o
cMC ~-~P~ ~Clerk
Approved as ~ Form and Content
Valerie F. Settles
City. Attomey
CITY
THE CITY of SEBASTIAN
Thomas C. Frame [/
City. Manager
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
swo TO AND SUSSCRIBED
?~__0 IS PE~ON~LY ~0~ TO ~ OR PRODUCED ,
AS ID~ICATION ~S ~ DAY OF ~~/ , 1997
NOT~Y'S SIGNA~ ~~ ~ ~
P~ED N~E OF N~.~
COMMISSION~(~ZTX .... ~ ~- · .~ ~//~
A~EST: ~~~~'~{e ~ ~vu~ r~I~SE ~CT
~u~m Waddell ~ Rob~ DeHarde~r
~crem~ President
HOMES. INC.
Wimess
STATE OF FLORIDA
COUNTY OF BREVARD
SWORN TO AND SUBSCRIBED BEFORE ME BY -~Ltan,-~. AJ I,.'~fi~,,l[ ~ iO9J'w,.+ ]~)~4a, rde~'
WHO IS PERSONALLY KNOWN TO ME oRqzR4)DUF-F..D
5~offDEN-TtFiCATiON, THIS J / DAY OF
NOTARY' S SIGNATURE ~JOt..~/z~ ~ ,/~/.F~ ~z,g~,_.,~
PRINTED NAME OF NOTA~- '
COMMISSION NO/EXPIRATION
SEAL
g~'
1997
~.~-Y ,~o~ CYNTHIA L. LONGACRE
~ COMMISSION # CC 454297
% ,-.P~,~L, ~ EXPIRES APR 20,1999
AGREEMENT~
This agreement entered into this /~/day of January, 1997 by
and between the City of Sebastian, Indian River County, Florida,
hereinafter the "City" and Cornerstone Select Homes, Inc.
hereinafter "Developer" for the creation of a private, gated
community to be known as "Sebastian Island" do hereby agree to
certain land trades, vacation of certain rights of way and the
creation of necessary and requisite easements to the mutual benefit
of both parties.
WHEREAS, the Developer is the owner of certain recorded lots lying
within the City of Sebastian; the Sebastian Island Lands, shown on
the plat for Sebastian Highlands, Unit 17, as Lots 1 thru 21, Block
594, Lots 1 thru 9, Block 595, Lots 1 thru 32, B~ock 596, Lots 1
thru 32, Block 597, and Lots 1 thru 20, Block 598 as recorded in
the land records of Indian River County, Florida, in Plat Book 8
Page 46M and Sebastian Highlands, Unit 17, Lots 22 thru 31 Block
594 and Lots 21 thru 30, Block 598 as recorded in the land records
of Indian River County, Florida, in Plat Book 8 Page 46P and as
shown on Exhibit A attached hereto; and,
WHEREAS, the Developer also is the Owner of a parcel of land lying
within the City of Sebastian identified as Sebastian Highlands Unit
17, Tract N, Block 589 as recorded in the land records of Indian
River County, Florida in Plat Book 8 Page 46K and as shown on
Exhibit A attached hereto; and,
WHEREAS, the City owns certain parcels of land within the City of
Sebastian known as Sebastian Highlands Unit 17, Tract U, Block 598
and Tract W, Block 595 as recorded in the land records of Indian
River County, Florida in Plat Book 8 Page 46M and as shown on
Exhibit A attached hereto; and,
WHEREAS, the City owns a certain parcel of land within the City of
Sebastian known as Sebastian Highlands, Unit 17, Tract O, Block 593
as recorded in the land records of Indian River County, Florida in
Plat Book 8 Page 46K and as shown on Exhibit A attached hereto;
and,
WHEREAS, the City is responsible for the acceptance, maintenance
and repair of the streets, roads and rights of way within the City
of Sebastian which includes the roads, streets and rights of way
adjacent to the properties of the Developer; and,
WHEREAS, the Developer desires to create a private gated community
on his lands to be known as Sebastian Island and the Developer has
created a not for profit Florida Corporation known as Sebastian
Island Homeowners Association, Inc., whose purpose is to act on
behalf of property owners within Sebastian Island and to own,
maintain and care for various common properties as may be assigned;
and,
WHEREAS, the Developer agrees to install and cause the maintenance,
within the Sebastian Island Lands, of the private roads necessary
to serve this private community and to repair, modify, rebuild and
cause the maintenance of any existing roads currently adjacent to
the Sebastian Island Land~ as vacated herein; and,
WHEREAS, the City and Developer are agreeable to such an
arrangement,
THEREFORE for Ten Dollars ($10.00) to each party, and in
consideration of mutual and equitable considerations from both
parties mutually agreed upon it is agreed that the City and the
Developer will grant the following considerations for each parties
benefit:
1. The City does hereby agree to bargain, trade, sell and
grant to the Developer at closing, the following parcels of land as
1
shown on Exhibit B attached hereto:
TRACT "U" Block 598 Ail that certain land situated in
Sebastian Highlands Unit 17 as recorded in Plat Book 8 Page
46M of the land records of Indian River County, Florida and
containing 10,490.87 square feet, more or less.
TRACT "W" Block 595 Ail that certain land
Sebastian Highlands Unit 17 as recorded in Plat
46M of the land records of Indian River Co~hty,
containing 11,240.87 square feet, more or less.
situated in
Book 8 Page
Florida and
2. The City, upon vacation of certain rights of way within
the City of Sebastian, does hereby agree to bargain, trade, sell
and grant to the Developer at closing, the following parcel of
land:
TRACT 1 - Ail that certain land situated in the right of way
of Alexis Street being the East one - half of Alexis Street as
shown on the plat of Sebastian Highlands Unit 17 as recorded
in Plat Book 8 Page 46K in the land records of Indian River
County, Florida and the South 50.00 feet of Alexis Street as
shown on the plat of Sebastian Highlands Unit 17 as recorded
in Plat book 8 Page 46M of the land records of Indian River
County, Florida, as shown on Exhibit B attached hereto and
being more particularly described as follows:
Beginning at a point at the Southwest corner of Lot 1,
Block 594 of said plat of Sebastian Highlands, Unit 17,
run South a distance of 215.00 feet to the point of
curvature of a curve concave to the Northeast; thence,
along said curve having a radius of 25.00 feet, a central
angle of 90 degrees, an arc distance of 39.27 feet;
thence run West 50.00 feet; thence, run North a distance
of 190.00 feet; thence, run West a distance of 25.00
feet; thence, run North a distance of 50.00 feet; thence,
run East a distance of 50.00 feet to the Point of
Beginning. Containing 7,384.13 square feet, more or less.
3. The Developer does hereby agree to bargain, trade, sell
and grant to the City at closing, the following parcel of land:
TRACT 2 - Ail that certain tract of land being a portion of
Tract N, Block 589, Sebastian Highlands, Unit 17 as recorded
in Plat Book 8 Page 46K of the land records of Indian River
County, Florida, as shown on Exhibit B attached hereto and
being more particularly described as follows:
Beginning at the Northwest corner of Lot 1 Block 589, of
said plat of Sebastian Highlands, Unit 17; thence, run
North a distance of 141.29 feet; thence, run South 62
degrees 20 minutes 00 seconds East and parallel with the
Northerly line of said Lot 1, a distance of 278.47 feet,
to a point on a curve concave to the Southeast, said
point also being on the Westerly right of way of Day
Drive; thence, Southerly along said curve, having a
radius of 400.00 feet and a central angle of 18 degrees
13 minutes 49 seconds, an arc distance of 127.27 feet, to
the Northeasterly corner of said Lot 1; thence, run North
62 degrees 20 minutes 00 seconds West along the line of
said Lot 1 a distance of 192.78 feet to the Point of
Beginning. Containing 29,057 square feet, more or less.
4. Conveyance. Developer and City hereby agrees to convey
the Properties to each other as described above.
5. Title. At the closing under this Agreement, the City
and the Developer shall take title to the Property subject to the
following ("Permitted Exceptions"):
2
(a) all laws, ordinances and governmental regulations,
including, but not limited to, all applicable building,
zoning, land use and environmental ordinances and
regulations; and
(b) restrictions,limitations and other matters appearing
of record.
6. Title Examination. Within twenty (20) days from the date
of this Agreement, the Developer shall deliver to'~he City, at its
sole cost and expense, a commitment ("Commitment") for title
insurance issued by a nationally recognized title company for an
owners ALTA Form B Marketability title insurance policy for the
property. The City will have ten (10) business days following
receipt of the Commitment within which to examin~ same.
If, upon the examination of the Commitment, the City finds
title to be defective (i.e. matters which render title unmarketable
in accordance with the standards of the Florida Bar and are not
Permitted Exceptions), the City shall, by no later than the
expiration of such ten (10) day examination period, notify
Developer in writing, specifying the defect(s); Developer shall use
its best efforts to cause such defects to be cured by the date of
closing. In no event shall Developer be obligated to bring suit or
to expend any sums of money to buy-out or settle any such lien, or
any other encumbrance or claim against the property. At Developers
option, the date of closing may be extended for a period not to
exceed thirty (30) days for purposes of eliminating any title
defects. In the event that Owner does not eliminate all timely
raised title defects as of the date specified in this Agreement for
closing, as the same may be extended under the preceding sentence,
the City shall have the option of either: (I) closing and accepting
the title "as is", or (ii) canceling this Agreement, whereupon both
parties shall be released from all further obligations under this
Agreement.
7. The City does hereby agree to vacate, the rights of way
of certain streets within the City of Sebastian as described below:
A. Ithaca Avenue from Empress Avenue to Spring Valley Avenue
as recorded as shown on the plat for Sebastian Highlands, Unit
17 as recorded in Plat Book 8 Page 46M in the land records of
Indian River County, Florida, as shown on Exhibit C attached
hereto and being more particularly described as follows:
Beginning at the Southwest corner of Tract U, Block 598,
said plat of Sebastian Highlands, Unit 17, run East a
distance of 100.00 feet to the Point of Beginning, said
point being the Point of Curvature of a curve concave to
the Northwest; thence, along said curve having a radius
of 25.00 feet, a central angle of 90 degrees, an arc
distance of 39.27 feet; thence, run North a distance of
175.00 feet to the Point of Curvature of a curve concave
to the Southeast; thence, along said curve having a
radius of 100.00 feet, a central angle of 90 degrees, an
arc distance of 157.08 feet; thence, run East a distance
of 1231.23 feet to the Point of Curvature of a curve
concave to the Northwest; thence, along said curve having
a radius of 25.00 feet, a central angle of 90 degrees, an
arc distance of 39.27 feet; thence, run South a distance
of 100.00 feet to the Point of Curvature of a curve
concave to the Southwest; thence, along said curve having
a radius of 25.00 feet, a central angle of 90 degrees, an
arc distance of 39.27 feet; thence, run West a distance
of 1231.23 feet to the Point of Curvature of a curve
concave to the Southeast; thence, along said curve having
a radius of 50.00 feet, a central angle of 90 degrees, an
arc distance of 78.54 feet; thence, run South a distance
of 175.00 feet to the Point of Curvature of a curve
concave to the Northeast; thence, along said curve having
3
a radius of 25.00 feet, a central angle of 90 degrees, an
arc distance of 39.27 feet; thence, run West a distance
of 100.00 feet to the Point of Beginning.
B. Empress Avenue from the Schumann Waterway to Spring
Valley Avenue as recorded as shown on the plat for Sebastian
Highlands, Unit 17 as recorded in Plat Book 8 Page 46M in the
land records of Indian River County, Florida, as shown on
Exhibit C attached hereto and being more particularly
described as follows: ~ i
Beginning at the Southwest corner of Tract U, Block 598,
said plat of Sebastian Highlands, Unit 17; thence, run
East a distance of 1456.23 feet to the Point of Curvature
of a curve concave to the Northwest; t~ence, along said
curve having a radius of 25100 feet, a central angle of
90 degrees, an arc distance of 39.27 feet; thence, run
South a distance of 100.00 feet to the Point of Curvature
of a curve concave to the Southwest; thence, along said
curve having a radius of 25.00 feet, a central angle of
90 degrees, an arc distance of 39.27 feet; thence, run
West a distance of 1456.23 feet; thence, run North a
distance of 50.00 feet to the Point of Beginning.
C. Spring Valley Avenue from Empress Avenue to the North
line of Lot 21, Block 594, as recorded as shown on the plat
for Sebastian Highlands, Unit 17 as recorded in Plat Book 8
Page 46M in the land records of Indian River County, Florida,
as shown on Exhibit C attached hereto and being more
particularly described as follows:
Beginning at the Northwest corner of Tract W, Block 595,
said plat of Sebastian Highlands, Unit 17, run East
100.00 feet to the Point of Beginning, said point also
being the Point of Curvature of a curve concave to the
Southwest; thence, along said curve having a radius of
25.00 feet, a central angle of 90 degrees, an arc
distance of 39.27 feet; thence, run South a distance of
175.00 feet to the Point of Curvature of a curve concave
to the Northeast; thence, along said curve having a
radius of 100.00 feet, a central angle of 90 degrees, an
arc distance of 157.08 feet; thence, run East a distance
of 1206.23 feet to the Point of Curvature of a curve
concave to the Northwest; thence, along said curve having
a radius of 100.00 feet, a central angle of 90 degrees,
an arc distance of 157.08 feet; thence, run North a
distance of 748.82 feet to the North line of said Lot 21;
thence, run West 25.00 feet to the center line of Spring
Valley Avenue; thence, run South a distance of 26.97
feet; thence, run West a distance of 25.00 feet to the
Northeast corner of Lot 20, Block 598, said plat of
Sebastian Highlands, Unit 17; thence, run South a
distance of 721.85 feet to the Point of Curvature of a
curve concave to the Northwest; thence, along said curve
having a radius of 50.00 feet, a central angle of 90
degrees, an arc distance of 78.54 feet; thence, run West
a distance of 1206.23 feet to the Point of Curvature of
a curve concave to the Northeast; thence, along said
curve having a radius of 50.00 feet, a central angle of
90 degrees, a radius of 50.00 feet, an arc distance of
78.54 feet; thence, run North 175.00 feet to the Point of
Curvature of a curve concave to the Southeast; thence,
along said curve having a radius of 25.00 feet, a central
angle of 90 degrees, an arc distance of 39.27 feet;
thence, run West 100.00 feet to the Point of Beginning.
D. Spring Valley Avenue from the South line of Lot 22 Block
594 to Crawford Drive, as recorded as shown on the plat for
Sebastian Highlands, Unit 17 as recorded in Plat Book 8
Page 46M in the land records of Indian River County, Florida,
4
as shown on Exhibit C attached hereto and being more
particularly described as follows:
Beginning at the Northwest corner of Lot 31, Block 594 of
said plat of Sebastian Highlands, Unit 17, run South
19.76 feet to the Point of Beginning, said point being a
point in the Easterly right of way of Spring Valley
Avenue; thence, run South 785.24 feet tQ the Southwest
corner of Lot 22, Block 594 of said plat of Sebastian
Highlands, Unit 17; thence, run West 2~.00 feet to the
centerline of Spring Valley Avenue; thence, run South a
distance of 26.97 feet; thence, run West a distance of
25.00 feet to the Southeast corner of Lot 21, Block 598,
said plat of Sebastian Highlands, Unit 17; thence, North
706.95 feet to the Point of Curvature o~ a curve concave
to the Southwest; thence, along said curve having a
radius of 25.00 feet, a central angle of 90 degrees, an
arc distance of 39.27 feet; thence, run East a distance
of 75 feet to the Point of Beginning.
E. Alexis Street from Spring Valley Avenue South to the
Limit of Plat, as recorded as shown on the plat for Sebastian
Highlands, Unit 17 as recorded in Plat Book 8 Page 46M in the
land records of Indian River County, Florida, as shown on
Exhibit C attached hereto and being more particularly
described as follows:
Beginning at the Southeast corner of Lot 9, Block 595, of
said plat of Sebastian Highlands, Unit 17, run North
100.00 feet to the Point of Curvature of a curve concave
to the Southwest; thence along said curve having a radius
of 25.00 feet, a central angle of 90 degrees, an arc
distance of 39.27 feet; thence, run East a distance of
100.00 feet to the Point of Curvature of a curve concave
to the Southeast; thence, along said curve having a
radius of 25.00 feet, a central angle of 90 degrees, an
arc distance of 39.27 feet; thence, run South 100.00
feet; thence, West 50.00 feet to the Point of Beginning.
F. Alexis Street from Day Drive North to the Limit of Plat,
as recorded as shown on the plat for Sebastian Highlands, Unit
17 as recorded in Plat Book 8 Page 46K in the land records of
Indian River County, Florida, as shown on Exhibit C attached
hereto and being more particularly described as follows:
Beginning at the Northwest corner of Tract O, Block 593,
of said plat of Sebastian Highlands, Unit 17; thence, run
South 165 feet to the Point of Curvature of a curve
concave to the Northeast; thence, along said curve having
a radius of 25.00 feet, a central angle of 90 degrees,
an arc distance of 39.27 feet; thence, West a distance of
100.00 feet to the Point of Curvature of a curve concave
to the Northwest; thence, along said curve having a
radius of 25.00 feet, a central angle of 90 degrees, an
arc distance of 39.27 feet; thence, North 165 feet;
thence, East 50 feet to the Point of Beginning.
8. The Developer hereby agrees to grant at closing, a
perpetual easement for the right of ingress and egress, utility
maintenance and drainage to the City of Sebastian, Indian River
County and all public utility providers with facilities within
Sebastian Island as shown on Exhibit D attached hereto and being
more particularly described as follows:
Beginning at the Southwest corner of Tract "U", Block
598, said plat of Sebastian Highlands, Unit 17, run East
a distance of 125.00 feet to the Point of Beginning;
thence, run North a distance of 175.00 feet to the Point
of Curvature of a curve concave to the Southeast; thence,
along said curve having a radius of 100.00 feet, a
5
central angle of 90 degrees, an arc distance of 157.08
feet; thence, run East a distance of 1231.23 feet to the
Point of Curvature of a curve concave to the Northwest;
thence, along said curve having a radius of 25.00 feet,
a central angle of 90 degrees, an arc distance of 39.27
feet; thence, run South a distance of 100.00 feet to the
Point of Curvature of a curve concave to the Southwest;
thence, along said curve having a radius~of 25.00 feet,
a central angle of 90 degrees, an arc distance of 39.27
feet; thence, run West a distance of 123~.23 feet to the
Point of Curvature of a curve concave to the Southeast;
thence, along said curve having a radius of 50.00 feet,
a central angle of 90 degrees, an arc distance of 78.54
feet; thence, run South a distance of 175.00 feet to the
Point of Curvature of a curve concave do the Northeast;
thence, along said curve having a radius of 25.00 feet,
a central angle of 90 degrees, an arc distance of 39.27
feet; thence, run West a distance of 175.00 feet to the
Point of Beginning.
Beginning at the Southwest corner of Tract "U", Block
598, said plat of Sebastian Highlands, Unit 17; thence,
run east 125.00 feet to the Point of Beginning; thence,
run East a distance of 1331.23 feet to the Point of
Curvature of a curve concave to the Northwest; thence,
along said curve having a radius of 25.00 feet, a central
angle of 90 degrees, an arc distance of 39.27 feet;
thence, run South a distance of 100.00 feet to the Point
of Curvature of a curve concave to the Southwest; thence,
along said curve having a radius of 25.00 feet, a central
angle of 90 degrees, an arc distance of 39.27 feet;
thence, run West a distance of 1331.23 feet; thence, run
North a distance of 50.00 feet to the Point of Beginning.
Beginning at the Northwest corner of Tract "W", Block
595, said plat of Sebastian Highlands, Unit 17, run East
125.00 feet to the Point of Beginning; thence, run South
a distance of 175.00 feet to the Point of Curvature of a
curve concave to the Northeast; thence, along said curve
having a radius of 100.00 feet, a central angle of 90
degrees, an arc distance of 157.08 feet; thence, run
East a distance of 1206.23 feet to the Point.of Curvature
of a curve concave to the Northwest; thence, along said
curve having a radius of 100.00 feet, a central angle of
90 degrees, an arc distance of 157.08 feet; thence, run
North a distance of 748.82 feet to the North line of said
Lot 21; thence, run West 25.00 feet to the center line of
Spring Valley Avenue; thence, run South a distance of
26.97 feet; thence, run West a distance of 25.00 feet to
the Northeast corner of Lot 20, Block 598, said plat of
Sebastian Highlands, Unit 17; thence, run South a
distance of 721.85 feet to the Point of Curvature of a
curve concave to the Northwest; thence, along said curve
having a radius of 50.00 feet, a central angle of 90
degrees, an arc distance of 78.54 feet; thence, run West
a distance of 1206.23 feet to the Point of Curvature of
a curve concave to the Northeast; thence, along said
curve having a radius of 50.00 feet, a central angle of
90 degrees, a radius of 50.00 feet, an arc distance of
78.54 feet; thence, run North 175.00 feet to the Point of
Curvature of a curve concave to the Southeast; thence,
along said curve having a radius of 25.00 feet, a central
angle of 90 degrees, an arc distance of 39.27 feet;
thence, run West 75.00 feet to the Point of Beginning.
Beginning at the Northwest corner of Lot 31, Block 594 of
said plat of Sebastian Highlands, Unit 17, run South
19.76 feet to the Point of Beginning, said point being a
point in the Easterly right of way of Spring Valley
Avenue; thence, run South 785.24 feet to the Southwest
6
corner of Lot 22, Block 594 of said plat of Sebastian
Highlands, Unit 17; thence, run West 25.00 feet to the
centerline of Spring Valley Avenue; thence, run South a
distance of 26.97 feet; thence, run West a distance of
25.00 feet to the Southeast corner of Lot 21, Block 598,
said plat of Sebastian Highlands, Unit 17; thence, North
706.95 feet to the Point of Curvature of a curve concave
to the Southwest; thence, along said curve having a
radius of 25.00 feet, a central angle of 90 degrees, an
arc distance of 39.27 feet; thence, ruMIEast a distance
of 75 feet to the Point of Beginning.
Beginning at the Southeast corner of Lot 9, Block 595, of
said plat of Sebastian Highlands, Unit 17, run North
100.00 feet to the Point of Curvature o4 a curve concave
to the Southwest; thence along said curve having a radius
of 25.00 feet, a central angle of 90 degrees, an arc
distance of 39.27 feet; thence, run East a distance of
100.00 feet to the Point of Curvature of a curve concave
to the Southeast; thence, along 'said curve having a
radius of 25.00 feet, a central angle of 90 degrees, an
arc distance of 39.27 feet; thence, run South 100.00
feet; thence, West 50.00 feet to the Point of Beginning.
9. The Developer hereby agrees to grant at closing, a 7.50 foot
wide easement for Public Utility and Drainage to the City of
Sebastian and Indian River County on the following Lots as shown on
Exhibit E attached hereto:
Lot 4 Block 594 Adjacent to and parallel with the
Easterly property line.
Lot 5
Block 594 Adjacent to and parallel with the
Westerly property line.
Lot 12
Block 594 Adjacent to and parallel with the
Northerly property line.
Lot 13 Block 594
Adjacent to and parallel with the
Southerly property line.
Lot 18 Block 594
Adjacent to and parallel with the
Northerly property line.
Lot 19 Block 594
Adjacent to and parallel with the
Southerly property line.
Lot 6 Block 595
Adjacent to and parallel with the
Westerly property line.
Lot 7 Block 595
Adjacent to and parallel with the
Easterly property line.
Lot 2 Block 596
Adjacent to and parallel with the
Easterly property line.
Lot 3 Block 596
Adjacent to and parallel with the
Westerly property line.
Lot 11 Block 596
Adjacent to and parallel with the
Easterly property line.
Lot 12 Block 596
Adjacent to and parallel with the
Westerly property line.
Lot 21 Block 596
Adjacent to and parallel with the
Westerly property line.
Lot 22 Block 596
Adjacent to and parallel with the
Easterly property line.
7
Lot 30 Block 596 Adjacent to and parallel with the
Westerly property line.
Lot 31 Block 596 Adjacent to and parallel with the
Easterly property line.
Lot 2 Block 597 Adjacent to and parallel with the
Easterly property line.
Lot 3 Block 597 Adjacent to and p~allel with the
Westerly property line.
Lot 30 Block 597 Adjacent to and parallel with the
Westerly property line.
Lot 31 Block 597 Adjacent to and parallel with the
Easterly property line.
10. The Developer hereby agrees to grant at closing, an easement
for Public Utility purposes to Indian River COunty on the following
Lots as shown on Exhibit F attached hereto:
Tract "W"
Block 595
A 5.00 foot wide easement adjacent to
and parallel with the Southerly
property line.
Tract "W"
Block 595
A 10.00 foot wide easement adjacent
to and parallel with the Westerly
property line.
Lot 1 Block 595
A 5.00 foot wide easement adjacent to
and parallel with the Northerly
property line.
Tract "U"
Block 598
A 5.00 foot wide easement adjacent to
and parallel with the Northerly
property line.
Tract "U" Block 598
A 10.00 foot wide easement adjacent
to and parallel with the Westerly
property line.
Lot 1 Block 598
A 5.00 foot wide easement adjacent to
and parallel with the Southerly
property line.
11. The Developer hereby agrees to grant at closing, a 20 foot
wide Drainage Easement to the City of Sebastian along the Westerly
property lines of Tract "W" and Lots 1 thru 3, Block 595 and Tract
"U" and Lots 1 thru 3, Block 598 as shown on said plat for
Sebastian Highlands, Unit 17 as shown on Exhibit F attached hereto.
12. The City does hereby agrees to grant to the Developer at
closing, an easement over a portion of Tract "O", Block 593,
Sebastian Highlands, Unit 17, as recorded in Plat Book 8, Page 46K
in the land records of Indian River County, Florida for the
purposes of installing entry walls, landscaping and decorative
ornamentation. The Developer will be responsible for the
maintenance and repair of all improvements he installs within said
easement and hold the City harmless from any action resulting from
said installation.
LEGAL DESCRIPTION OF EASEMENT
Beginning at the Northwest corner of Tract "O" Block 593,
said plat of Sebastian Highlands, Unit 17, run East 25.00
feet; thence, run South 165.00 feet; thence, run South 45
degrees 00 minutes 00 seconds East to a Point , said
point being in the Northerly right of way of Day Drive;
8
thence, run West along the right of way for Day Drive
25.00 feet to a Point of Curvature of a curve concave to
the Northeast; thence, along said curve having a radius
of 25.00 feet, a central angle of 90 degrees, an arc
length of 39.27 feet; thence, run North 165.00 feet to
the Point of Beginning.
13. The City and Developer do hereby agree that the street names
within and entering Sebastian Island shall be changed as follows:
Existing Street Name New Street Name
Alexis Street Sebastian Island Boulevard
Spring Valley Avenue
(South of Crawford
Drive)
Ithaca Avenue
Sebastia~ Island Circle
Sebastian Island Circle
Empress Avenue
(East of Schumann
Waterway)
14. Developers Representation.
as follows:
Longboat Drive
Developer represents to the City
(a) Authority of Developer. Developer is a corporation
organized, validly existing and in good standing under
the laws of the State of Florida.
15. City
follows:
(b) FIRPTA. Developer is not a "foreign person" within
the meaning of the United States tax laws and to which
reference is made in Internal Revenue Code Section 1445
(b) (2). At closing, Developer shall deliver to the
City a certificate to such effect.
representations. The City represents to Developer as
(a) Citys Authority. The execution, delivery and
performance of this Agreement by the City have been duly
authorized, and this Agreement is binding on the City and
enforceable against the City in accordance with its
terms. No consent of any other person or entity to such
execution, delivery and performance is required.
16. Default. In the event of a default by either party under this
Agreement, the non-defaulting party shall be entitled to all rights
and remedies available at law or in equity.
17.
Closing Costs.
(a) The Developer shall each be responsible for the
following costs: (i) the cost associated with issuance of
the Commitment, the cost of obtaining any title
insurance policy updates or report on and a survey of the
Property.
18. Closing. Subject to other provisions of this Agreement for
extension, the closing shall be held on or before February 29,
1997, at the offices of the Attorneys for the Developer. At
closing, Developer shall execute and/or deliver (as applicable) to
the City the following closing documents:
(a) a special warranty deed conveying the Property
subject to the Permitted exceptions;
(b) an affidavit of exclusive possession with respect to
the Developer Conveyance Parcels;
9
(c) A "non-foreign" affidavit or certificate pursuant to
Internal Revenue Code Section 1445;
(d) a mechanics lien affidavit with respect to the
Developer Conveyance Parcels; and
(e) such other evidence of authority and good standing
with respect to Developer as may be reasonably required
by the title insurance company issuing title to the City.
At closing, the City shall execute and/or deliver (as
applicable) to Developer:
(a) an appropriate resolution satisfactory to Developer
confirming proper authorization for the !Citys execution
of this Agreement and consummation of the transactions
contemplated hereby (including, without limitation, the
Citys assumption of the Developers obligations, as
herein provided).
At closing, the parties shall each execute such other
documents as are reasonable necessary or appropriate to consummate
the transactions contemplated by this Agreement.
19. Assignability. None of the parties to this Agreement shall be
entitled to assign their rights hereunder, except that the
Developer may assign his rights to the Sebastian Island Homeowners
Association, a not-for-profit Florida corporation to be formed.
20. Notices. Any notices required or permitted to be given under
this Agreement shall be in writing and shall be deemed to have been
given on the date of delivery, if delivered by hand, sent by
recognized overnight courier (such as Federal express), or sent by
written telecommunication (such as telecopy or fax) or 3 days after
mailing, if mailed by certified or registered mail, return receipt
requested, in a postage prepaid envelope, and addressed as follows:
If to the City at: City of Sebastian
1225 Main Street
Sebastian, FL 32958
Attention: Thomas W. Frame
City Manager
Telecopy No. (561) 589-5570
With a copy to:
Valerie F. Settles
City Attorney
1225 Main Street
Sebastian, FL 32958
If to the Developer:
Robert DeHarder
CornerStone Select Homes, Inc.
1077 Hwy. A1A
Satellite Beach, FL 32937
Telecopy No. (407) 773-8448
21. Environmental. Developer hereby agrees to and does indemnify
and holds the City harmless from an against any and all liability,
obligations, losses, damages, penalties, claims, environmental
response and cleanup costs, fines, actions, suits, costs, taxes,
charges, expenses and disbursements, including legal fees and
expenses of whatsoever kind or nature (collectively, "claims" or
"damages") imposed on, incurred by, reserved against the City in any
way relating to or arising out of the existence or presence of any
"regulated Substance," as defined herein, on, under, or from the
property, before the date of closing ("Closing Date"), any claims
or damages in any way related to or arising out of the removal,
treatment, storage, disposition, mitigation, cleanup, or remedying
of the Regulated Substances on the Property.
10
For the purposes of this Agreement, the term "Regulated
Substances" shall include but not be limited to substances defined
as "regulated substances, .... pollutants, .... toxic pollutants,"
"contaminant," or "pesticides" in the Resource Conservation and
Recovery Act, as amended by the hazardous and Solid Waste
Amendments of 1984, the Comprehensive Environmental Response,
Compensation and Liability Act, the Hazardous Materials
Transportation Act, the Federal Insecticide, ~ungicide, and
Rodenticide Act, the Clear Water Act, the Safe Drinking Water Act,
the relevant local and state environmental ' ~aws, and the
regulations, rules and ordinances adopted and publications
promulgated pursuant to the local, state, and federal laws. This
indemnifications shall include, without limitation, claims or
damages arising out of any violations of applicable environmental
laws, including but not limited to Florida ~aw, regulations
ordinances subdivisions thereof, regardless of any real or alleged
fault, negligence, willful conduct, gross negligence, breach of
warranty, or strict liability on the part of any of the
indemnities.
In the event any such action or claim is brought or asserted
against the City, the City shall have the right, subject to the
right of the City, to make all final decisions (1) to participate
with City in the conduct of any further required cleanup, removal,
or remedial actions, and/or negotiation, and defense of any claim
indemnifiable under this environmental indemnity provision, having
reasonable regard to the continuing conduct of the
operation/business located on the Property, and (ii) to participate
with the City in negotiating and finalizing any agreement or
settlement with respect to any such claim or cleanup.
22. This Agreement represents the entire understanding and
agreement between the parties and no other agreements, either oral
or written, exist between the parties.
23. This Agreement shall be effective upon its execution by all
parties.
IN WITNESS WHEREOF the parties hereto have set their hands and
seals the day and year first written above.
Attest:
~W-~Kathry~.M.' O'Halloran
CMC/AAE,: City Clerk
City:
The City of Sebastian
%dulse R. Cartwright ~
Mayor
Approved a~ to Form and Content:
Valerle F. Settles~--~----
City Attorney
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
WHO IS PERSONALLY
PRINTED NAME OF ,,~R~'~d'Y)'4~
aOMMISSlON
SEAL: / .... ,
11
ATTEST:
J~ahlta Waddel~~ '
S~cretary
Witness:
Co. SELECT HOMES!,
Ro~rt D~r
P r e sXi~i~dt ~
INC.
STATE OF FLORIDA
COUNTY OF BREVARD
..~,LI/O IS PERSONALLY KNOWN TO ME OR PRODUCED
AS IDENTIFICATION, THIS "']L{~,,, DAYOF .....q-o-,~a_,r,~ ,19°~"/.
NOTARY'S SIGNATURE 0,. ~ t- ?A[~-VUc~
PRINTED NAME OF NOTA'R'~'IQ% ,~cl.o~.~, '"Z'~L~.o_~i~
COMMISSION NO./EXPIRATION (f'(L. ~-~ ~ 7_.-7-57
SEAL: RHONDA Y ZIGMANTAS
SIDEVAGR.WPD
12
EXHIBIT A
Page 1 of 3
NN'e'M/AH3~ -. ~
EXHIBIT A
Page 2 of 3
EXHIBIT A
Page 3 of 3
SHEET
SCHUIv]AHN
,4-25° N01tTI4
ilk)
N01ITN .
EXHIBIT B
Page 1 of 3
N,
3OVNIVUO
EXHIBIT B
Page 2 of 3
3 of 3
EXHIBIT C
Page 1 of 3
EXHIBIT C
Page 2 of 3
EXHIBIT C
Page 3 of 3
_J
EXHIBIT D
Page 1 of 3
jZ
EXHIBIT D
Page 2 of 3
J.O# )
EXHIBIT D
Page 3 of 3
619
598
14
15
HIGH POINT1 16
ELEV. 25.0 /
STA. 21 -I-00.00~
10
LF.
S.B. #
17 18
ISLAND CIRCLE: srA. 10+00
23 22 21 20 19
11
12 15
LOW POINT
ELEV. 21.5
STA. 23+33.12
14
CB15
ISLN~ID CIRCLE srA.
25 22 21 2O 19 18
L.R
24' R.C.P.
12
PU&DE
CB14
13 14-
MATCH LINE
(UMITS OF PLA*r)
~ 2,3 24
4- ~t, STORM DRNN
UJ . 23
~ ~ 22 J
~ 22
m 21
20
LF.
EXISTING
ROADWAY
24.' B.O.C.
TO B.O.C.
20
19 POINT
ELEV. 21.5
E.R.C.P.~. STA. 10+00.00
CB8
19
eP.F
18 17
SoB.
18
4-6 LF.
14" x2~ E.R.C.P.
20' LmU'n' 17
(3)
15 16
POINT
22.5 ,.~
I 3+00.00
P.H. //2
~15
17
POINT
21.5
STA. 14.1-96.18
15 16
C~1
i14
13
'14'x25' E..R.C.P.'~ -
L.F'.
14' x25"' E.R.C.P.
12
CB15
157 L.F.
LOW POINT
E[ZV. 27.5 BLK
STA. 20+
5
I 6 7
15'
594
8
9
10
11 P.H.
HIGH POINt J
BEV. 22.5 I
STA~ 16+20.70 J
\
//5
EXHIBIT E
Page 1 of 2
IPF. S
BLK 617
REMOVE AND DISPOSE
EXISTING 18" CULVERT
AND EXISTING UNFINISHED
CATCH BASIN.
50' DRAINAGE RIGHT OF WAY
4
LOW POINT 7 8
FLEV. 21 5
ErA. 14+82.48
CB1
AND OVERLAY EXISTING
ASPHALT TO ErA 12+04.1
WITH 1" TYPE III ASPHALT
eS.B. #2
® P.H. #4
9
SEE
10 11 12
,ND
( ITHACA
15
UNFINISHED
CATCH BASIN
32
1
HIGH POINT
ELEV. 22.75
STA, 10+00.00
CB2
L.F.
lg" x30- E.R.C.P.
I
51 30 I 29
LF.
19" x50- E.R.C.P.
15' PU&DE
2
LOW POINT
ELEV. 21.5
STA. 16+13.12 J
CB5
28 27 26 25 24
5 6
LONGI IOAT
(
597
9
7
HIOH POINT
ELE'V. 22.5
DRIVE STA. 20'I'10.00
AVENUE )
L, Fo
I 30- R.C.P.
32
30
30' R.C.P.
15' PU&DE
IOW POINT
ELEV. 21.5
SAT. 27+07.4
CB5
29 28
5 6
27
26 25 24
BLK 596
7 8 9
N IS _AND
( [RLY VA/II:'Y
4
EXISTING
20' UTILITY
52 L.F.
36" R,C.P.
BLK 595
CB6
LF.
R.C.P,
7 8 9
PU&DE
SEBASTIAN ISLAND BLVD. STA.
HIGH POINT
ELEV. 23.2 2 3
STA,
MES1 MESS ES6
157 I
UU. CULVERT
t 16.0
~le.O IRA(J 1 N
[RUCTURE
· E1.EV. 18,65, WIDTH
EXISTING 50' ~
DRAINAGE R/W
TYPE "F' CURB WITHIN 50' DRAINAGE R/W.
SEE ARCHITECTURAL PLANS FOR LANDSCAPING.
EXHIBIT E
Page 2 of 2
BLK 617.~ i
7
8
18
17
16
15
14
13
i,i
FOR CONTINUOUS STATIONINO --
ON ISLAND CIRCLE ADD
21+91.85 TO EACH STATION
TR-T
EXISTING
8" FORCE MAIN
CONNECTED TO
SEWER ON
SHUblANN DRIVE
CONNECT F.M. INTO EXIST.
8" F.M. w/go' BEND
AND g'x6" REDUCER
~34 LF r FORCE )RAIN TO BE
ABANDONOEO AND RELOCATED --
16 AS SHOWN
Z
Z
13 m
12
18
ELEV. m
INV. = 16.39
INV. = 16.49
2
1
:1
SMH 14
' Rill ELEV. - 22.02
N. INV. = 14.31
S.E. INV. = 14.21
EXHIBIT F
1 of 1
5
4
32
15
RIM ELEV.
N. INV. - it
S. INV.-
E. INV. ' 1.~
CONNECT F.M.
F.M.
32
6" FORCE MAIN
1
SMH 13
RIM ELEV. - 21.76
N.W. INV._ - 13.81
4- E, INV.-- I,1.71
$
BLK 595