HomeMy WebLinkAboutGeneral Development 1979
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General Development Corporation
Wayne L Allen
Vic<,Prr",(k'r:,w..~
,', S:;;'ltC'~r\erd!C<lI.l,",pl
August 15, 1979
City of Sebastian
Post Office Box 127
City Hall
Sebastian FL 32958
Attn: Mayor Pat Flood
Re: August 15, 1979 Agreement - Road Acceptance
Dear Mayor Flood:
In reference te the discussions with residents of the City on
August 13, 1979, this letter is to set forth our mutual
interpretation of the following provisions of the subject agree-
ment.
1. Paragraph 7 -- If the scheol site tract reverts back
to General Development~ Corporation, we will pay back
to the City the sum of nine thousand five hundred sixty
dollars ($9,560.00).
2. Paragraphs5 & 7 -- General shall pay the 1979 taxes on
the two properties through the date of delivery of
the deeds to the City, notwithstanding language to the
contrary contained in the deeds.
3. Paragraph 15 -- The reference to Collier Creek in-
cludes Collier Waterway to its intersection with
Elkcam IJatenvay.
4. Paragraph 5 - If the release is not received from the
School Board, General will convey a comparable sized
site from one of the park sites shown on General's
master plan.
5. This letter will be attached to the agreement dated
August 15, 1979 between the parties and is made a part
thereof.
_~,~~'1c~~.. <i'i:(i( ~
WAYNE L. ALLEN
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1-11< South 8ay"h(m~ =:Jr ve, 1',1iami, :=-iorida 33131
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City of Sebastian
Attn: Mayor Pat Flood
August 15, 1979
Approved by City Council, City of Sebastian, at its meeting
of August 15, 1979.
-titcY!~o~~ ~--
City of Sebastian
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AGREEMENT
THIS AGREEMENT, made and entered into this /~-~
day of August, 1979, by and between GENERAL DEVELOPMENT
CORPORATION (hereinafter called "General"), a Delaware
corporation authorized to do business in the State of
Florida, and the CITY OF SEBASTIAN (hereinafter called
"City"), a municipality
Florida;
Records
within
under the laws of the/State of
WI T N E S
WHEREAS, General has
of Indian River County,
the City; and
WHEREAS, General
S E T H:
recorded in the Official
plats subdividing lands
has posted corporate performance
bonds
of roads
roads and
and/or surety bonds as security for the construction
and drainage facilities as shown on said plats; and
WHEREAS, General has completed construction of
drainage facilities as shown on said plats; and
WHEREAS, General having completed construction of
all roads and drainage facilities in the recorded plats of
Sebastian Highlands Units 2 through 6 and 8 through 15, as
recorded in the Official Records of Indian River County,
which were not previously accepted by City and having an
obligation to complete the roads and drainage facilities in
Units 16 and 17; and
WHEREAS, General's obligatibn is to h~ve ~6~p-~f~e~
construction of said roads and drainage facilities in ac-
cordance with the requirements of the ordinances of the City
in effect at the date of acceptance by the City of the
plats, which were duly recorded by General; and
WHEREAS, the City and General desire to resolve
all disputes between the parties in regard to construction
and reponsibility for road construction and maintenance in
Units 2 through 6 and 8 through 15 of the recorded plats of
Sebastian Highlands.
NOW THEREFORE, in consideration of the mutual
covenants contained herein and other good and valuable
consideration, the parties do hereby agree as follows:
1. The agreement entered into between General
and City, dated the 9th of June, 1976, is hereby voided and
shall no longer have any force or effect.
2. General herewith pays to the City the sum of
two hundred thirty-three thousand dollars ($233,000.00) for
the purchase of maintenance equipment to maintain roads and
drainage facilities in the City of Sebastian, and to assist
in the reconstruction and/or repair of the Lake Hardee dam.
3. General herewith pays to the City the sum of
one hundred twenty-five thousand dollars ($125,000.00) to
assist the City in paying the cost of an access road to the
southern portion of the City of Sebastian from U.S. 1 to
Shumann Drive and to assist in paying for resurfacing major
arterial roads in the City, or for such other road and
drainage purposes as may be determined by the City Council.
4. The City by execution of this agreement,
which has been approved by a majority vote and resolution of
the City Council, City of Sebastian, does hereby accept as
completed by General in accordance with the Subdivislon
Regulations of the City, all roads and dralnage facilities
in Units 2 through 6 and Units 8 through 15 of Sebastian
Highlands, according to the plats thereof recorded in the
Official Records of Indian River County, except as stated
Paragraph 15 herein, and the City
for the maintenance of said roads
within said plat units.
henceforth shall be responslbiie
and drainage facilities
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5. General shall, upon execution of this agreement,
deed to the City for municipal purposes the twelve (12) acre
site located at the intersection of Barber Street and Arbor
Drive. This conveyance by General shall be conditioned upon
General receiving from the Indian River County School Board
(the School Board) a letter relinquishing all right, title,
and interest in said tract.
6. City shall, within sixty (60) days of the
date of this agreement, repeal that provision of Ordinance
No. 179, Paragraph 6.07-B, requlrlng construction of ten
(10) percent of homes on a platted street prior to acceptance
by the City of roads and drainage facillties constructed by
developer.
7. General shall convey to the City the tract
located at the intersection of Barber Street and Schumann
Drive in the City, upon the payment to General of the sum of
nine thousand five hundred sixty dollars ($9,560.00). The
conveyance will limit the use of the parcel to school purposes
or such tract will revert back to the ownership of General
Development. General hereby acknowledges receipt from City
of the sum of nine thousand five hundred sixty dollars
($9,560.00) in full payment of this obligation.
8. City discharges and release General, its
officers, employees, stockholders, successors and assigns
from any and all obligations, liabilities or agreements
relating to the payment by General to the City of surety
bond premiums savings which have accrued or may in the
future accrue to General because of corporate performance
bonds posted with the City by General.
9. General shall obtain an easement through the
Boy Scout property adjacent to Unit Five (5) of Sebastian
Highlands and shall construct, upon receipt of all necessary
permits if any are required, and as soon
necessary dralnageway, as determined in
opinion, to provide adequate drainage of
relieved by said drainageway.
as practicable,
its engineer's
the area to be
If permits are required
any
General shall provide the technical expertise and any necessary
engineering design or data for the City to apply for the
necessary permits. General shall construct such drainageway
and obtain any permits entirely at its expense and at no
cost or further obligation to the City.
10. General will indemnify and legally defend at
no cost to the City and save the City harmless from any and
all actions or judgments, if any, by purchasers of property
from General who have any complaints or legal actions against
General in regard to the location and/or construction of
drainageways in the City.
Il. General will complete a core boring program
and will reconstruct at General's expense City streets in
Units 2 through 15 of Sebastian Highlands to provide one (1)
inch of asphalt wearing surface, as defined herein, where
deficiencies have occurred. As an alternative to such
reconstruction, General, upon the City's request, shall
deposit with the City an amount computed at $33.00 per ton
of asphalt estimated as required to correct the deficiency,
for the City's exclusive use for road maintenance in the
City. General wil! be obligated under this paragraph if the
results of the core borings, taken at the frequency of five
(5) borings per mile, indicate less than one (1) inch of
asphalt surface within a tolerance of minus (-) one quarter
(1/4) inch. Where deficiencies occur
shall be further defined by additional
shall provide to the City the results
tests within ninety (90) days from the date of
The City within slxty (60) days of the receipt
the area of deficiency
borings. General
of ~ts core boring
this agreement.
of such
report shall notify General of any roads
funds to be deposited with the City, in
to be done by General. Upon receipt
General from the City, General shall
work required within one hundred eighty
pay the funds to the City, at the City's
for which it requires
lieu of paving work
of such notice by
complete the paving
(180) days or will
optlon.
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12. City, upon execution of this agreement,
hereby accepts the construction of all roads and drainage
faci lities and will thereafter maintain such roads and
drainage facil ities in Units 2 through 6 and 8 through 15 in
Sebastian Highlands, as recorded in the Official Records of
Indian River County, except as stated herein in Paragraph
15, and does hereby release and forever discharge General
and its officers, employees, stockholders, successors and
ass i gns from any and a II ob I i gat ions, under corporate bonds
or surety bonds previously posted with the City to guarantee
construction and/or maintenance of roads and drainage facilities
in the aforesaid units, including, but not limited to the
bonds shown on Exhibit "A" attached hereto.
13. City does hereby release and forever discharge
General and its officers, employees, stockholders, successors
and assigns from any and all other obI igations, claims,
vlarranties, liens, right of action or other legal remedies
of whatever nature or kind which may have arisen or could
have arisen between the parties prior to the date of this
agreement.
14. General and City agree that when General
completes construction of the roads and drainage faci lities
in Units 16 and 17 it shall submit them to the City for
acceptance for maintenance by the City.
The City shall
within a reasonable time inspect said roads and drainage
facillities in Units 16 and 17 to assure completion of
construction in accordance with the Subdivision Regulations
in effect at the time of plat recordation.
Once such deter-
mination is made the City shall by resolution accept such
road and drainage facil ities for maintenance by the City and
shall release all outstanding bonds posted for said units.
15. General shall complete the excavation and
installation of bulkheads in accordance with its original
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development plans, consistent with General receiving applicable
permits which General shall use its good faith efforts to
obtain for: (1) Collier Creek from Fellsmere Highway to its
ntersectlon with Elkcam Waterway; and (2) Elkcam Waterway
n its entirety. General shall maintain these waterways at
ts expense until the excavation work is completed. Upon
completion of the excavation work, the City shall accept
these waterways for malntenance.
Executed on behalf
accordance with a resolution
City Council at its meeting on
1979.
of the City of Sebastian in
passed by majority vote of the
the ~_~-~ay of ~_~~,
GENERAL DEVELOPMENT CO~POR~T)ON
By: _
William la, President
Attest:
Vice President
CITY OF SEBASTIAN, FLORIDA
, Mayor
~City Clerk
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