HomeMy WebLinkAbout2005 Agreementl, J~mette Williams, do hereby certify that this is a true and correct copy of a mad maintenance agreement between the'Cit~ 9f Sebastian and
Mr. & Mrs. Kaloust Aslanian. ,
I hereby affix my signature this 4th day of February, 2005. c: _
J~ette Williams, CMC~CitY!C!~rki;".~ (,~ ~,.
ROAD MAINTEN~CE AGREEMENT "~: ~ : i 0 .
THIS AGREEMENT made this '~-[ 5~day of January, 2005, by a6~-b~ee~ .the
OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Mai.n?~,"
Florida, 32958, ("City") and KALOUST ASLANIAN and VIOLET "A'$I2'KiX~iAN
("Homeowners"), sets forth that
WHEREAS, Homeowners seeks a building permit to construct a private residence on
property located on Thunderbird Drive at Lot 16, Block 553, Sebastian Highlands Subdivision
Unit 17 as recorded in Plat Book 8, Pages 46 through 46P; and
WHEREAS, said lot fronts on an unpaved portion of the Thunderbird Drive; and
WHEREAS, the City has a standing policy that building permits only be issued for
property fronting a paved roadway; and
WHEREAS, prior legal agreements between the City and the predecessor-in-interest to
Homeowners may affect the rights and obligations of the parties in these matters; and
WHEREAS, unique circumstances exist due to the abandonment of surrounding platted
lots during the creation of the adjoining Stormwater Park by the St. John's River Water
Management District; and
WHEREAS, the parties wish to fulfill the intent of existing policies and regulations while
recognizing the unique factors involving the property;
THEREFORE, IN AND FOR CONSIDERATION of the granting of a building permit by
City and the obligations undertaken hereunder by Homeowners, the sufficiency of which is
acknowledged by the parties, it is AGREED as follows:
1. Upon meeting all other obligations for issuance of a building permit, City shall deem
the policy requirement of paved access to have been fulfilled upon Homeowner's
performance of the obligations set forth herein.
2. Homeowners shall construct a privately-maintained access more or less down the
centerline of the Thunderbird Drive right-of-way from the current terminus of
pavement to a mm-around feature to be located past the intersection with the
designed driveway for their residence.
3. In lieu of the design standards for a public roadway, the paved access shall meet
following minimum standards:
THt8 DOCUMENT HA8 BEEN RECORnED
IN THE PtJ~LIC RECORD6 OF
INO~AN RIVER COUNTY FL
BK: 1832 PG:1198, Page1 of 4
~2/~4 at ~:01 AM,
JEFFREY K BARTON, CLERK OF
COURT
a. The paved access shall be 16' wide, consisting of a 1 lA" layer of SP 9.5
Traffic Level B asphalt, and a 6" sub-base of compacted stabilizer (to DOT
design specification).
b. The east end of the paved access shall match existing elevations at the end of
Thunderbird Blvd. Appropriate signage at this point will be needed to
indicate that this is a privately maintained access.
c. To provide adequate stormwater drainage for the paved access, the paved
section shall have a 2' wide, 10" deep concrete Miami curb abutting the
pavement on the south side (allowing stormwater to eventually deposit into
existing catch basins east of the property along Thunderbird Blvd), or a
stormwater treatment facility (subject to review and approval by the City of
Sebastian).
4. Homeowners shall maintain the access so that the same shall be safe and reasonably
passable. In the event the City determines in the reasonable exercise of its discretion
that the access is in need of repair, Homeowner shall perform such repairs within
thirty (30) days of written notice thereof from City, or City may undertake said
repairs and charge the same as a special assessment lien having the priority of the
lien for taxes against the property of Homeowners. This Agreement shall be recorded
on the public records.
5. Homeowners acknowledge that another residential parcels exists at the end of the
Thunderbird Drive right-of-way and agrees that said parcel may exercise access over
the portion of right-of-way paved by Homeowner. It shall be a condition of approval
for any direct access by adjoining properties that they reimburse Homeowners on a
fair-share basis for the costs of improvements made pursuant hereto.
6. Homeowners hereby agrees to indemnify, defend and hold harmless the City from
any and all claims arising in any way from the use of said right-of-way for access to
the property of Homeowners and from the improvement thereof, whether said claims
are made by Homeowners, their guests or invitees.
7. Homeowners shall obtain and maintain premises liability insurance coverage on their
home in the minimum amount of $200,000.
8. City is currently using the unpaved right-of-way to remove materials from the
Stormwater Park project construction. Rather than risk damage from passage of said
heavy equipment, Homeowner may establish an escrow account instead of paving the
access prior to completion of the residence. Said escrow shall be established pursuant
to an agreement approved by the City Attorney, and in an amount determined by
engineering estimates of the paving costs approved by the City Engineer.
9. In recognition of the limited volume of traffic able to be supported by the reduced
design standards, Homeowners agree that there shall never be more than one
residence established on the property, nor shall any portion of the land be combined
with adjoining land to provide for an additional residence.
10. This agreement shall be binding upon the parties and their successors-in-interests.
1N WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
ATTEST (SEAL):
Sally A./v~o, CMC
City Clerk
THE CITY OF SEBASTIAN
T~'~ence ' .l~M~re, City lVl'h~ger
Approved as to form and legality for
reliance by the City of Sebastian only:
r~
Signed, sealed and delivered
in the presence of:
HOMEOWNERS:
[~/wff~¢~.~ ~..~_ KALOUST ASLANIAN /~ ,