HomeMy WebLinkAbout1979 GDC - Pelican Island Elementary° V
WARRANTY DEED RAMCO FORM A -3 (PHOTOSTAT)
(FROM CORPORATION,
This arranty Beed Made and executed the 13th day of August, A. D. 19 79 by
GENERAL DEVELOPMENT CORPORATION
a corporation existing under the laws of Delaware and having its principal place of
business at 1111 South Bayshore Dri.ve, Miami, Florida 33131
hereinafter called the grantor, to THE CITY OF SEBASTIAN, a Florida Municipality
whose postoffice address is P.O.Box 127, Sebastian, Florida 32958
hereinafter called the grantee:
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and
the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
itnessetho That the grantor, for and in consideration of the sum of $10.00 - - - -- and other
valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell,
alien, remise, release, convey and confirm unto the grantee, all that certain land situate in Indian River
County, Florida, viz- -
A tract consisting of 12.06 Acres +, situated at the intersection of Barber
Street and Rose Arbor Drive in Sebastian, Florida, described as Tract "F" in
Block 208 of Sebastian Highlands, Unit Ten, according to the plat thereof recorded
in Plat Book 6 at Page 37 of the Public Records of Indian River County, Florida.
This deed is executed subject to taxes assessed for the year 1979 and all
subsequent years and to conditions, limitations and restrictions of record.
The consideration of th.is Deed is such that only nominal documentary stamps
are required.
TDytther with all the tenements, hereditaments and appurtenances thereto belonging or in any-
wise appertaining.
To 140e and to HOW, the same in fee simple forever.
End the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee
simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully war-
rants the title =to said land and will defend the same against the lawful claims of all persons whomsoever;
and that stzitI .land is free of all encumbrances
�r
(CORPORATE SEAL) �nitneSS heC6.OL the grantor has caused these presents to
be executed in its name, and its corporate seal to be hereunto affixed, by its
.I op r of f icers thereunto duly authorized, the day and year first above written.
ATTEST;-- - - - -- ----- -------- - -- - -- ------ ----- -- ----------- -- --- ---- -- GENERAL DEVELOPMENT CORPORATION
UL J. S , Assistant Secretary -•-------...--•---_.. .............°---__.... _- .._.- _._.__..................
Signed, sealed and de ivered in the presence of:
----------------------------------------
... ............ ........................... . ---------- - - - ----------
Aoo... ------- ---------------
w- I LL I M R. AfELLA President
` -STATE OF FLORI-D
COUNTY OF DADE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments,
personally appeared William R. Avel 1 a and Saul J. Sack
well known to me to be the - - -- President and Assistant Secretary, respectively of the corporation named as grantor
in the foregoing deed, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this 13th day of August, A. D. 19 79
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AddreSS ALBERT L. ROSEN, Corporate Couns�9 i < NNARY ��� 9 ®A �T
General Development Corporation,' ASV CMAtSSK�d tIRfS 0980
1111 S. Bayshore Driver •,� r;;` . i � THRU GMM INS. UMRWRIIERS
�, bVtiami, Florida 33131
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STAMP TAX-1
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March 20, 1980
Honorable Bill C. Law
Property Assessor
Indian River County
P. 0. Box 580
Vero Beach, Fl 32960
Dear Mr. Law:
Further reference is made to my telephone conversation
with your office this date and our letter to you of
September 20, 1980 concerning the tax exempt status of
the following two pieces of property:
Tax Notice 16778.00019 - 32.77 acres, Unit #17, Sebastian Highlands
Tax Notice 8190.00010 - 12.06 acres, Unit #10, Sebastian Highlands
Enclosed herewith are copies of Warranty Deeds #233449 and
#233450 covering these properties which are designated for
City use.
Thank you for your interest in helping us to resolve the
tax status of this property.
very truly yours,
Florence L. Phelan
City Clerk
FLP /ec
Atchs
SCHOOL DISTRICT OF INDIAN RIVER COUNTY SCHOOL BOARD
1426 19th Street - P. O. Box 2648 - Vero Beach, Florida 32960 JOE N. IDLETTE,JR.
Chairman
Telephone (305) 567 - 7165 RICHARD A. BOLINGER
WILLIAM H. McCLURE, Superintendent Vice- Chairman
RUTH R. BARNES
GARY W. LINDSEY
DOROTHY A. TALBERT
April 11, 1978
Mr. W. C. Bevan, Jr., Assistant Vice
President and General Manager
Villages of Sebastian Highlands
U.S. X61 and Schumann Drive
Sebastian, Florida 32958
Dear Mr. Bevan:
The Indian River County School Board at the regular meeting of April 10, 1978,
took official action to release the 12.06 acre tract within Sebastian highlands
designated in the late 50's or early 60's as a possible school site since the
site is small for a full —size elementary school.
We appreciate your calling this matter to our attention and are glad to cooperate
with you.
Yours very truly,
William H. McClure
Superintendent
WHM /gm
" When e The Tkopei,ea Begin"
e
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TENTATIVE AGREEMENT RE: SEBAS'TIA +N
BETWEEN MAYOR FLOOD AND
W,AYME ALLEN
_ •�'U LY 12, 1979
3. City accept all drainage and roads, and release all bonds.
A. Donate park site.
S. Boy Scout property - General provide easement and provide excavation
work. City to file any necessary permit.
G. Pnvemeiit Tcst Program - General to provide goring results and bring,
up to standard, per prior discussions.
. 50/50 share cost of Paving access road. //
j •7
2s�oOJ,
1, Drell e /Gradall
Wick o e
= $1a0,0E10 k/
Grader
- 55,000 v
Truck
- 4a,.0001 ;�
l
Dam
- 20 00O
$233,H#
2, Arterial roads -
actual cost, G•e`nreral will
pay up to 1104,00,0, SOT
City to contract
for resurfacing.
3. City accept all drainage and roads, and release all bonds.
A. Donate park site.
S. Boy Scout property - General provide easement and provide excavation
work. City to file any necessary permit.
G. Pnvemeiit Tcst Program - General to provide goring results and bring,
up to standard, per prior discussions.
. 50/50 share cost of Paving access road. //
j •7
2s�oOJ,
Telephone (305) 567.7165 SUNCOM No. 465 - 1011 801,:OOL, B;0_f9i; t
S'CNCCL UIVIVICT CT WDIAN UIVEL CCUNTY JOE N. Iairman ,JR.
Chairman
1426 19th Street - P. 0. Box 2648 Vice-Chairman airman - Vero Beach, Florida 32960 GARY W. i man
JAMES A. BURNS, Superintendent RICHARD A. BOLINGER RUTH R. B+ARWES
DOROTHY A.TALBERT
August 14, 1979
The Honorable Pat Flood
Mayor of City of Sebastian
City Hall
Sebastian, Florida
Dear Mayor Flood:
At the regular meeting of August 13, 1979, the Indian River County School
Board voted to authorize the Superintendent to proceed in the formalization
of an agreement with the City of Sebastian whereby the City of Sebastian
would give to the School Board a thirty -two (32) acre site, once considered
for Sebastian River ffiddle- Junior High School, which will be given to the
City of Sebastian by general Development Corporation. The site will be
given to the School Board in exchange for the present Sebastian School
building and site (six acres), and in addition, the School Board would
waive any rights it has toward a twelve (12) acre site owned by General
Development Corporation and now dedicated as a school site.
The above authorization was given pending the passage of the bond
referendum.
We will look forward to working with you in the formalization of the above
agreement and solicit your support in the up- coming bond referendum.
Sincerely yours,
?7am�s A. Burns
/Superintendent
/ .JAB /mb
"Whore The Vtopi.a Begin"
SCHOOL DISTRICT OF INDIAN RIVER COUNTY SCHOOL BOARD
1426 19th Street • P. 0. Box 2648 - Vero Beach, Florida 32960 JOE N. IDLETTE,JR.
Chairman
Telephone (305) 567 7165 RICHARD A. BOLINGER
Vice- Chairman
WILLIAM H. McCLURE, Superintendent RUTH R. BARNES
GARY W. LINDSEY
DOROTHY A.TALBERT
April 11, 1978
Mr. W. C. Bevan, Jr., Assistant Vice
President and General Manager
Villages of Sebastian Highlands
U.S. #1 and Schumann Drive
Sebastian, Florida 32958
Dear Mr. Bevan:
The Indian River County School Board at the regular meeting of April 10, 1978,
took official action to release the 12.06 acre tract within Sebastian Highlands
designated in the late 50's or early 60's as a possible school site since the
site is small for a full -size elementary school.
We appreciate your calling this matter to our attention and are glad to cooperate
with you.
Yours very truly,
William H. McClure
Superintendent
WHM /gm
"WheAe The TnopitA Begin"
R E'S '0 L T I 0'N
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WHEREAS, GENERAL DEVELOPMENT CORPORATION has made
certain surety bonds for the grading and paving of streets and
completion of canals in several plats of Sebastian
for the comple p
Highlands, and
�I
WHEREAS, a great savings in bond premiums can be
obtained if said surety bonds are discharged and GENERAL
DEVELOPMENT CORPORATION makes a proper performance bond in lieu
thereof, and
WHEREAS,_GENERAL DEVELOPMENT CORPORATION and THE
CITY OF SEBASTIAN, through its City Council, have agreed to
equally share in said savings in surety bond premiums, and
WHEREAS, it is deemed in the best interest of the
CITY OF SEBASTIAN to accept a performance bond in lieu of said
surety bonds from GENERAL DEVELOPMENT CORPORATION;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF
SEBASTIAN, FLORIDA, BY AND THROUGH ITS CITY COUNCIL, as follows:
1. GENERAL DEVELOPMENT CORPORATION, as Principal,
and CONTINENTAL CASUALTY COMPANY, as Surety, are hereby relieved
and discharged from the following surety bonds, effective as
of the date hereof, to -wit:
Surety Bond No. Amount
2108984 $38,330.00
2108981 $40,000.00
2108987 $27,000.00
2108986 $16,000.00
2108985 $21,000.00
2108984 $76,670.00
2117881 $16,406.00
2108982 $175,000.00
Plat Designation
Sebastian Highlands
Unit 2
Sebastian Highlands
Unit 3'
Sebastian Highlands
Unit 4
Sebastian Highlands
Unit 5
Sebastian Highlands
Unit 6
Sebastian Highlands
Unit 8
Sebastian Highlands
Unit 9
Sebastian Highlands
Unit 10
2. In lieu of said surety bonds, GENERAL DEVELOPMENT
CORPORATION has submitted its Performance Bond, executed under
date of March 1, 1970, which is hereby accepted, ratified and
confirmed by THE CITY OF SEBASTIAN, and the Mayor and Clerk of
Ij. the City of Sebastian are hereby authorized and directed to
!I countersign said Performance Bond.
THIS RESOLUTION was duly adopte y the Cicouncil
". _ - -_�� _ _
DATE INVOICE AMOUNT
CITY OF-SEBASTIAN _ 2 3 2 5
P.Q. 80X 127 _
SEBASTIAN, FLORIDA 32958
.. ..... ....
PAY
63 -748
670
LLARS
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DR-530R
iEV. 5/79
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CODE
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)10 TAX NOTTCE /RECEIPT ( INDIA-4 R RIVER, COUNTY) 1979 REAL FSTAT1
F PAID IN DEC i MAP APRIL +3
MOUNT DUE 777e l 7939291 1 � X1039 PC9* 4' � 833 T
TPLLA K YE
. q �{ .... ;; .: ( F : S F Ql ? $ T fl
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2 SCHDOL 295,12 GENE E* MORRIS
EDV COUNT' 156 *77 TAX COLLECTBR
} CITY 293.97 P.D. BOX 1,5109
42P19VOTHER 63962 VERO BE.ACHo FLAv 32960
ACREAGE 1U6M
TOTAL. 809r48 24 31 38 0001 ?09C- 00000%1
SEBASTIAN HI:GHL ANDS 3()8 UNIT
10 P31 6 373 TRACT F 3LK 208
W I GENERAL DEVELnPMENT CORP
° 1111 S SAYSHORF DR
�) z i TAMI FL 33131
0
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A (PLEASE TURN OVER) THIS TAX NOTICE BECOMES A RECEIPT WHEN VALIDATED BY TAX COLLECTOR
Sebastian Highlands Unit 10 8/13/79
A tract consisting of 12.06 acres + situated at intersection of Barber
St & Rose Arbor Dr desc as Tr "F" in Blk 208
GDC
THE ENCLOSED TAX BILL HAS BEEN MAILED TO THE PERSOH(S) LISTED BELOW
BECAUSE THE RECORDS IN THE TAX COLLECTOR'S OFFICE INDICATE:
1. A CHANCE OF ADDRESS BY THE OWNER, OR
XX 2 THAT THE PROPERTY HAS BEEN PURCHASED BY THE ADDRESSEE.
The City of Sebastian
PO Box 127
Sebastian, F1 32958
L- I
.rte a._ _ -M = 110-41111111. i — — MF— —
-"WrWWw'MW W W wW M s M MWWw W W W AW M M -NewM
AW r
July 27, 1992
Mr. Bruce Cooper
Sebastian Building Department
1225 Main Street
Sebastian, Fl 32$58
Dear Mr. Cooper.
JUL 2 8 1992
This letter is to inform you that Lot 4 Block 208 Sebastian Highlands
Unit 10 is available for sale at a price of $10,000 through our office.
This lot adjoins the Barber Street ballfield and proposed sports complex.
The lot may be purchased with 10% davn, loo interest for 10 years with
a payment of about $118.94 monthly. We would not be able to close the
transaction for a minimum of 90 days as this lot is in foreclosure and
the paperwork will not be final until then.
If you need further information or if you have any questions, please do
not hesitate to contact me.
Sincerely,
Roger Butterworth
Please direct phone or !axs,miie to tike ;:,i .;r; -e
0 North Office. EX Central Office: scorn Office.
9350 U.S. Highway 1 14450 U S. Highway - 1329 U S Higrtway t
407-664-3111 (Office) 407-589-0400 (Office) i%r 589-3111 ;Office)
407-664-0266 (Fax) 407-589-8966 (Fax) 407-589-3885iFax)
P.U. BOX 78-0827 0 SEBASTIAN, FLORIDA 32978 0 IN FLORIDA 1 (800) 330-0400 MLS
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IG JR -AW A/ V / /
�.Mr� w �� W z w /
July 27, 1992
Mr. Bruce Cooper
Sebastian Building Department
1225 Main Street
Sebastian, F1 32958
Dear Mr. Cooper:
10 _ _
4111111-91111111/ i _
/r �! / �r � I a� A
/ .I / / //
W AV
JUL 2 8 1992
--------------
This letter is to inform you that Lot 4 Block 208 Sebastian Highlands
Unit 10 is available for sale at a price of $10,000 through our office.
This lot adjoins the Barber Street ballfield and proposed sports ccmplex.
The lot may be purchased with loo dawn, 10% interest for 10 years with
a payment of about $118.94 monthly. We would not be able to close the
transaction for a minimum of 90 days as this lot is in foreclosure and
the paperwork will not be final until then.
If you need further information or if you have any questions, please do
not hesitate to contact me.
Sincerely,
Roger Butterworth
Please direct phone or'axsimue to the ndicated 3rrice:
0 North Office: Ck Central Office: South Office:
9350 U.S. Highway 1 14450 U.S. Highway 1 1329 U.S. Highway 1
407-6643111 (Office) 407-569-0400 (Office) 407-589-3111 (Cffice)
407-664-0266 (Fax) 407-589-8966 (Fax) 407-589-3885 (Fax)
P.O. BOK 78-0827 s SEBASTIAN, FLORIDA 32973 0 IN FLORIDA 1 (800) 330-0400 $"Arm 7
FRE SE , NASH & TORPY, P.A..
ATTORNEYS AT LAW
GARY B. FREsEt
CHARLES IAN NASH'
VINCENT G. TORPY. JR
RICHARD E. ToRPY
GREGORY S. HANSEN
J. PATRICK ANDERSON
LAURA L. ANDERSON
WILLIAM A. GRIMM
OF COUNSEL
July 31, 1992
Steven E. Goldman, Esquire
1221 Brickell Avenue
Miami, FL 33131
Re: GDC / City of Sebastian
Dear Mr. Goldman:
930 S. HARBOR CITY BLVD.
SUITE 505
MELBOURNE. FLORIDA 32901
(407) 984.3300
PAX (407) 951-3741
tBOARD CERTIFIED IN
TAxATION
BOARD CERTIFIED IN
ESTATE PLANNING AND PROBATE
X2.34;56
N Received
9,
City Manager's
r.
office
On July 28, 1992, the City of Sebastian received an offer to sell
Lot 4, Block 208 Sebastian Highlands to the City for $10,000.00.
It is my understanding that this lot is one of the lots that GDC
was going to convey to the City, and of which we are still waiting
to complete the transaction. Unfortunately, Mr. McClary is out of
town this week, therefore, I cannot confirm this information.
Please contact me immediately so we can discuss this matter.
Obviously, I am quite concerned if this is one of the lots which
is suppose to be conveyed to the City by GDC. I look forward to
hearing from you.
Sincerely,
FRESE, NASH & TORPY, P.A.
Richard E. Torpy
RET/lbg
cc: Robert S. McClary
11/30/92 16.21 %Y 407 951 3741 FRESE,NASH et al li� 01
I
G:wl+v B. FREaRt
C••.. LEs iax N..NH'
VINCENT G. T ORM JR-
Ricli^xu E. ToRrY
GREGORY S.IIANSEN
J. PATRIOX Ar4vy- SON
L..uR.. L. Axn>cxHuy
WILLIAM A. (ImnK 4
OF COUNSEL
Fps , NAsii & ToRry, P.A.
ATTORNEYS AT LAW 930 S. I -L --H OR CITY lir-VII.
SUITIC 505
MRLn0UXNk;, Fr oRmA 32901
14071 084-3300
FAX (407) 951.5741
1130.so CcsI-11-1 IM
T.z.TjM
Bo.nr• Cssrvre., IN
ICAT.TIC Pr..NNIP0 A— Prtlnr.rrt
FACSIMIIE TRANSMITTAL
Facsimile Number: (407) 589-5570
Deliver to:
From:
Date:
Total Pages:
Re:
FFN&T File No.:
Bruce Cooper
Gary Frese
11-30-92
3
(Including Cover Sheet)
The following are the properties which
were not conveyed by GDC back in March.
IF YOU DO NOT RECEIVE ALL PAGES SHOWN
ABOVE, PLEASE CALL OUR OFFICE.
THANK YOU!
IMPORTANT: 'T'HIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE
INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN
INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM THEE
DISCLOSURE UNDER APPLICABLE LAW, IF THE READER OF THIS MESSAGE IS
NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS
STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN
ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE
ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE UNITED STATES
POSTAL SERVICE. THANK YOU.
Code #24
11/30/92 16:22 V 407 951 3741 FRESE,NASH et al
Op
F.KHIATT "B"
PARCEL 161 Lot 4, Block 208, SEBASTIAN HIGHLANDS, UNIT 10, according to
the plat thereof as recorded in Plat Hook 6, page 37, of the Public
Records of Indian River County, Florida.
PARCEL 171 Lot 5 and 79, Block 570, SEBASTIAN HIGHLANDS, UNIT 17,
according to the plat thereof as recorded in Plat Book 8, page 46, of the
Public Records of Indian River County, Florida.
11� HVA JG 1V LL �� ZV 1 JJl V / T1 1 l\.LJL., 1\A
EXHIBIT "C"
PARCFL 18, Lots 9 and 10, Block 570; Lot 6, Klock 578 and Lot 14, Bleck
580, SEBASTIAN HIGHLANDS, UNIT 17, according to the plat thereof as
recorded in Plat Hook 8, page 46, of the Public Records of Indian River
County, Florida.
0
SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into this 16th day of
January , 19921 by and between THE CITY OF SEBASTIAN (the "City")
and GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, as
Debtor -in -Possession ("GDC") under U.S. Bankruptcy Court (the
"Court") Case No. 90-12231-BKC-AJC (the "Bankruptcy Case").
W I T N E S S E T H•
WHEREAS, GDC is the owner of certain property described in
Exhibit "A" attached hereto (the "GDC Conveyance Parcels");
WHEREAS, GDC may have certain obligations to the City more
particularly described in Exhibit "B" attached hereto (the "GDC
Obligations");
WHEREAS, GDC and the City have agreed to the conveyance of the
GDC Conveyance Parcels to the City and to other items as set forth
below all in resolution of certain matters between themselves, as
herein provided, and desire to confirm certain other agreements and
understandings between themselves.
NOW THEREFORE, in consideration of the premises, and for other
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties, intending to be legally
bound, hereby agree as follows:
1. Recitals. The above recitals are true and correct and
are hereby incorporated by reference as if fully set forth herein.
2. Conveyance. GDC hereby agrees to convey the GDC
Conveyance Parcels 'to the City, which the City agrees to accept as
its treatment under the plan of reorganization of GDC (the "Plan"),
in full and complete satisfaction of the proof of claim filed by
the City in the Bankruptcy Case (the "Proof of Claim") (the City
hereby waiving and releasing any right the City may have to receive
any other or additional distribution under the Plan), and,
additionally, in consideration for which the City agrees: (i) to
irrevocably and unconditionally release GDC and its successors from
any and all of the GDC Obligations, including, but not limited to,
any obligations associated with, connected to or arising from the
Proof of Claim (which shall include as applicable, the release by
the City of the bonds posted by GDC with the City in connection
with the GDC Obligations (the "Bonds")); and (ii) to assume the
maintenance and operational responsibilities and obligations
included within the GDC Obligations.
3. Title. At the closing under this Agreement, the City
shall take title to the GDC Conveyance Parcels subject to the
following (the "Permitted Exceptions"):
(a) ad valorem real estate taxes for 1992 and
subsequent years;
(b) all laws, ordinances and governmental
regulations, including, but not limited to, all
applicable building, zoning, land use and environmental
ordinances and regulations;
(c) restrictions, reservations, easements,
covenants, agreements, limitations and other matters
appearing of record; and
(d) matters which would be disclosed by an accurate
survey of the GDC Conveyance Parcels.
2
4. Title Examination of GDC Conveyance Parcels. Within
twenty (20) days from the date of this Agreement, the City shall
procure, at its sole cost and expense, a commitment (the
"Commitment") for title insurance issued by a nationally recognized
title company for an owner's ALTA Form B Marketability title
insurance policy for the GDC Conveyance Parcels. The City will
have ten (10) business days following receipt of the Commitment
within which to examine 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 GDC, in
writing, specifying the defect(s); provided that if the City fails
to give GDC written notice of defect(s) before the expiration of
said ten (10) day period, the defects shown in the Commitment
shall, anything in this Agreement notwithstanding, be deemed to be
waived as title objections to closing this transaction and GDC
shall be under no obligation whatsoever to take any corrective
action with respect to same nor to warrant title to same in its
special warranty deed of conveyance. If the City has given GDC
timely written notice of defect(s) and the defect(s) render the
title other than as required by this Agreement, GDC shall use its
reasonable efforts to cause such defects to be cured by the date
of closing. In no event shall GDC 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 GDC Conveyance Parcels
or to cure any other title defect. At GDC's 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
GDC 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",
without offset or deduction in consideration given to the City, or
(ii) cancelling this Agreement, whereupon both parties shall be
released from all further obligations under this Agreement.
Notwithstanding the foregoing, in the event a title defect or
objection affects only a portion of the GDC Conveyance Parcels (the
"Title Defect Parcel"), and the value of the Title Defect Parcel
is mutually agreed by the parties to be ten percent (10%) or less
of the overall value of the Conveyance Parcels, then, unless GDC
elects and is unable to cure such title defect, and subject to the
City's reasonable approval, GDC may select and substitute a
different parcel of land owned by GDC in the City of Sebastian of
reasonably equivalent value for the Title Defect Parcel, which
shall become part of the Conveyance Parcels.
5. Construction of Uncompleted Portions of Units 16 and 17.
The City hereby agrees that GDC and its successors and/or assigns,
at any time whatsoever in the future, shall have the absolute right
to develop the remaining unconstructed portion of the Plats of Unit
16 and Unit 17 in accordance with the subdivision standards in
►,I
effect at the time that Unit 16 and Unit 17, as applicable, were
platted, and the requirements of that certain Agreement dated as
of August 15, 1979, between the City and GDC (the 1179 Agreement"),
and in no event shall any higher or different standards or
requirements ever be imposed by the City in connection with, or as
a condition to, the development of said Unit 16 or Unit 17 (even
if said Unit 16 or Unit 17, or any portion(s) thereof, are
replatted, no higher or different standards or requirements shall
be imposed. Notwithstanding anything to the contrary contained in
the foregoing, if any portion of Units 16 or 17 are replatted, and
the purpose of replatting is other than to relocate or widen roads,
or to locate or relocate stormwater drainage, the right of way and
road and drainage requirements and standards in effect at the time
that Unit 16 and Unit 17, as applicable, were platted, and the
requirements of the 79 Agreement, as aforedescribed, shall be
applicable, but the developer of said property (whether GDC or a
successor thereof) shall otherwise be obligated to conform to all
other applicable current standards or requirements). Without
limiting the foregoing, the City acknowledges and agrees that the
City shall never require any further dedication, conveyance or
designation of land for parks, recreational or other public use to
Unit 16, Unit 17, or any other plat already accepted by the City
(a "Prior Plat") which is not already set forth in the applicable
plat; provided, however, if in connection with the development of
any Prior Plat, the appropriate governmental agency requires that
any parcel of land within the Prior Plat be used for drainage
5
purposes and such parcel has not already been designated for such
purpose, GDC will convey such parcel to the City upon the condition
that the City will assume maintenance and operation with respect
to such Parcel upon such conveyance.
6. Fleming Street Extension. GDC agrees that, prior to
developing the applicable portion of Unit 16, the developer of said
property (whether GDC or a successor thereof) shall be obligated
to replat said portion to create a right-of-way to extend Fleming
Street from Chesser's Gap to the east boundary of Unit 16 (Block
517). It is the City's intention to ultimately extend Fleming
Street from said point to U.S. #1.
7. Quit -claim Assignment of Easements on Shiloh Ranch
Property and the Boy Scouts of America Property. At closing, GDC
shall assign to the City by a quit -claim assignment, and on a non-
recourse and non-exclusive basis, its rights under the grant of
Easement between Shiloh Youth Ranch, Inc. and GDC recorded in
Official Records Book 654, Page 1228, and Gulf Stream Council,
Inc., Boy Scouts of America and GDC, recorded in Official Records
Book 574, Page 2698.
8. Taxes. All outstanding ad valorem real property taxes,
interest payments, and penalties with respect to the GDC Conveyance
Parcels shall be paid by GDC prior to closing.
9. GDC's Representations.
follows:
(a) Authority of GDC.
GDC represents to the City as
GDC is a corporation duly
organized, validly existing and in good standing under
2
the laws of the State of Delaware, and is duly authorized
to transact business in the State of Florida. This
Agreement is binding on GDC and enforceable against GDC
in accordance with its terms subject to the provisions
of paragraph 14 below.
(b) FIRPTA. GDC 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, GDC shall deliver to the City
a certificate to such effect.
10. City's Representations. The City represents to GDC as
follows:
(a) Investigation. The City is a knowledgeable and
sophisticated owner of real estate properties. The City
has previously reviewed and considered the nature of this
transaction and investigated the GDC Conveyance Parcels
and all aspects of the transaction. The City has
determined that the GDC Conveyance Parcels are
satisfactory to the City in all respects and the City is
acquiring the GDC Conveyance Parcels in "as is"
condition. The City has and will rely solely on the
City's own independent investigations and inspections,
and the City has not relied and will not rely on any
representation of GDC other than as expressly set forth
in this Agreement (and provided that the City understands
and agrees that none of the representations of GDC shall
7
survive the closing nor are intended to be relied upon by the
City after closing). The City further acknowledges and agrees
that, except for the specific representations made by GDC in this
Agreement, GDC has made no representations, is not willing to
make any representations, nor held out any inducements to the
City other than those (if any) exclusively set forth in this
Agreement; and GDC is not and shall not be liable or bound in any
manner by any express or implied warranties, guaranties,
statements, representations or information pertaining to the GDC
Conveyance Parcels, except as may be specifically set forth in
this Agreement.
(b) City's 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.
11. 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.
12. Closing Costs.
(a) The City and GDC shall each be responsible for one-half
of the following costs: (i) the cost associated with issuance of
the Commitment, the cost of obtaining any title insurance policy
updates or reports on the GDC
Conveyance Parcels (all of which shall be calculated at
minimum risk rate), and the premiums and any other
related fees and costs for any owner's title insurance
policy and/or report, (ii) conveyance and clerk's
recordation fees for recording any deeds, easements and
any and all other documents incident to consummation of
the transaction contemplated hereby, (iii) the state
documentary stamps and surtax due, if any, on the special
warranty deed and easements to be delivered pursuant to
this Agreement; and (iv) the recording costs of documents
necessary to clear title at closing.
The settlement contemplated by this Agreement and the
conveyance of the GDC Conveyance Parcels to the City is a transfer
pursuant to a plan of reorganization and therefore no documentary
stamp taxes (or surtax) is payable on the deed of conveyance
pursuant to 11 U.S.C. §1146.
13. closing. Subject to other provisions of this Agreement
for extension, the closing shall be held on or before February 28,
1992, at the offices of the attorneys for the City, Frese, Fallace,
Nash & Torpy, P.A., at 930 S. Harbor City Blvd., Melbourne, Florida
32901.
At closing, GDC shall execute and/or deliver (as applicable)
to the City the following closing documents:
(a) a special warranty deed conveying the GDC
Conveyance Parcels subject to the Permitted Exceptions
(and any other matters either consented to or not timely
9
objected to by the City after the City's review of title
pursuant to paragraph 4 above);
(b) an affidavit of exclusive possession with
respect to the GDC Conveyance Parcels;
(c) a "non -foreign" affidavit or certificate
pursuant to Internal Revenue Code Section 1445;
(d) a mechanic's lien affidavit with respect to the
GDC Conveyance Parcels; and
(e) a corporate resolution and/or such other
evidence of authority and good standing with respect to
GDC 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 GDC:
(a) a release in favor of GDC with respect to all
GDC Obligations, including, but not limited to, the
release of the Bonds, in form and content acceptable to
GDC;
(b) written acknowledgment of the City's assumption
of obligations as described in paragraph 2 above, in form
and content acceptable to GDC;
(c) such documents as requested by GDC to withdraw
or satisfy the City's Proof of Claim in the Bankruptcy
Case with prejudice to any refiling or assertion of such
claim in the Bankruptcy Case;
10
(d) a document, in recordable form, setting forth
the rights granted to GDC in paragraph 5 above, in form
and content acceptable to GDC; and
(e) an appropriate resolution satisfactory to GDC
confirming proper authorization for the City's execution
of this Agreement and consummation of the transactions
contemplated hereby (including, without limitation, the
City's assumption of the GDC 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.
14. Assignability. None of the parties to this Agreement
shall be entitled to assign their rights hereunder.
15. Approval. The parties acknowledge and agree that this
Agreement is subject to the approval of GDC management and GDC
obtaining approval from GDC's Unsecured Creditors Committee (the
"Committee") and the Court of this Agreement and the transactions
contemplated hereby, including the conveyance to the City of the
GDC Conveyance Parcels free and clear of all liens and encumbrances
(other than the Permitted Exceptions). If for any reason the Court
has not approved this Agreement by January 31, 1992, this Agreement
shall be terminated, and both parties released from all further
obligations under this Agreement, unless further extended by mutual
written agreement of the parties.
11
16. 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 a telecopy of 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
P. O. Box 780127
Sebastian, Florida 32978
Attn: Mr. Robert S. McClary, City Manager
Telecopy No. (407) 589-5570
with a copy to: Richard E. Torpy
Frese, Fallace, Nash & Torpy, P.A.
930 S. Harbor City Blvd.
Melbourne, Florida 32901
Telecopy No. (407) 951-3741
If to GDC at: General Development Corporation
2601 South Bayshore Drive
Miami, Florida 33133
Attn: Saul Sack, Esquire
Telecopy No.: (305) 859-4360
with a copy to: General Development Corporation
9801 South Federal Highway
Port St. Lucie, Florida 34952
Attn: Ralph (Cap) Cain, III
Assistant Vice President
Community Affairs
Telecopy No.: (407) 335-5926
copies of all notices
shall be given to: Maguire, Voorhis & Wells, P.A.
2 South Orange Avenue
Orlando, Florida 32801
Attn: Dwight D. Saathoff, Esq.
Telecopy No.: (407) 423-8796
12
17. Radon Gas. RADON IS A NATURALLY OCCURRING RADIOACTIVE
GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT
QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO
IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE
GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL
INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM
YOUR COUNTY PUBLIC HEALTH UNIT. [NOTE: THIS PARAGRAPH IS PROVIDED
FOR INFORMATIONAL PURPOSES PURSUANT TO SECTION 404.056(8), FLORIDA
STATUTES, (1988).]
18. Miscellaneous.
(a) The City acknowledges that GDC shall endeavor
to consult with the Committee appointed in the jointly
administered Chapter 11 case of GDC, and such Committee's
counsel, with respect (but not limited) to the Release.
(b) Nothing contained in this Agreement shall be
construed as an acknowledgment or agreement from GDC or
the City as to the actual amount owing by GDC to the City
under the GDC Obligations. The parties agree that if the
closing does not occur for any reason, neither party
shall have the right to admit this Agreement, or any oral
or written statements made in connection with the
negotiation, drafting or execution of the Settlement
Agreement, into any proceeding (judicial, administrative
or otherwise) arising in connection with or in any way
related to the GDC Obligations.
13
(c) Pursuant to Paragraph 2, the City, as of
closing, assumes the maintenance responsibility
obligations included with the GDC Obligations.
(d) This Agreement shall be construed and governed
in accordance with the laws of the State of Florida. All
of the parties to this Agreement have participated fully
in the negotiation and preparation hereof, and,
accordingly, this Agreement shall not be more strictly
construed against any one of the parties hereto.
(e) In the event any term or provision of this
Agreement be determined by appropriate judicial authority
to be illegal or otherwise invalid, such provision shall
be given its nearest legal meaning or be construed as
deleted as such authority determines, and the remainder
of this Agreement shall be construed to be in full force
and effect.
(f) In the event of any litigation between the
parties under this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees and court costs
at all trial and appellate levels.
(g) In construing this Agreement, the singular
shall be held to include the plural, the plural shall be
held to include the singular, the use of any gender shall
be held to include every other and all genders, and
captions and paragraph headings shall be disregarded.
14
(h) All of the Exhibits attached to this Agreement
are incorporated in, and made a part of, this Agreement.
(i) Unless expressly set forth herein, the terms
and provisions of this Agreement shall not survive the
closing and such terms and provisions shall be deemed
merged into the special warranty deed and extinguished
at closing.
(j) Time shall be of the essence for each and every
provision of this Agreement.
(k) Neither this Agreement nor any notice or
memorandum of this Agreement shall be recorded in any
public records.
19. Entire Agreement. This Agreement constitutes the entire
agreement and understanding between the parties with respect to the
subject matter hereof and there are no other agreements, repre-
sentations or warranties other than as set forth herein. This
Agreement may not be changed, altered or modified except by an
instrument in writing signed by the party against whom enforcement
of such change would be sought and unless approved by the Court.
This Agreement shall be binding upon the parties hereto and their
respective successors and permitted assigns.
15
EXECUTED as of the date first above written in several coun-
terparts, each of which shall be deemed an original, but all
constituting only one agreement.
Signed in the presence of:
( l -o t e ity)
Approved as to,_,form and
legal suffic ency:
Charles/Ian Nash
City A orney
GENERAL DEVELOPMENT CORPORATION,
a Delaware corporation, as
Debtor in Possession under
U.S. Bankruptcy Court Case
No. 90-12231-BKC-AJ7
(Corporate Seal)
THE CITY OF SEBASTIAN
By.. ----
Name: W.E. Coni rs
Title:Ma or
(Seal)
ATTEST:
Kathryn M. O'Halloran
CMC/AA , City Clerk
16
EXHIBIT A
SEBASTIAN HIGHLANDS
Miscellaneous Lots and Tracts
Tracts
1.
Unit
1
Block
12
Lot 2
2.
Unit
1
Block
12
Tract H
3.
Unit
1
Block
12
Tract I
4.
Unit
1
Block
14
Tract F
5.
Unit
1
Block
17
Tract E
6.
Unit
1
Block
21
Tract D
7.
Unit
1
Block
41
Tract C
8.
Unit
2
Block
65
Tract C
9.
Unit
4
Block
121
Tract Y
10.
Unit
10
Block
208
Lot 4
11.
Unit
10
Block
268
12.
Unit
11
Block
282
Tract B
13.
Unit
11
Block
364
Lot 19
14.
Unit
11
Block
365
Lot 12
15.
Unit
16
Block
559
Tract R
16.
Unit
16
Block
559
Tract S
17.
Unit
16
Block
559
Tract T
18.
Unit
16
Block
560
Tract P
19.
Unit
17
Block
445
Tract B
20.
Unit
17
Block
595
Tract W
21.
Unit
17
Block
598
Tract U
22.
Unit
17
Block
599
Tract V
23.
Unit
17
Block
606
Tract T
24.
Schumann
Lake and Island
25.
Unit
4
26.
Unit
8
27.
Unit
8
28.
Unit
10
29.
Unit
10
30.
Unit
10
31.
Unit
10
32.
Unit
11
33.
Unit
11
34.
Unit
11
35.
Unit
11
36.
Unit
14
37.
Unit
15
38.
Unit
17
39.
Unit
17
Public Service Tracts P.S.
Block
73
Remaining
portion of Hardee Park
Block
193
Block
223
Tract
C
Block
211
Tract
A
Block
264
Tract
C
Block
267
Tract
B
Block
300
Block
282
Tract
A
Block
347
Tract
E
Block
372
Tract
C
Tract D
Block 507 Tract B
Block 488 Tract G
Block 604 Tract Q
Tract A
�1
(Adjacent to Block 399)
(Adjacent to Block 441)
Tracts and Lots Converted to Drainage
Tracts
40.
Unit
13
Block
449
Tract
A
(Adjacent
to Block 320)
41.
Unit
13
Block
451
Tract
B
(Adjacent
to Block 330)
42.
Unit
13
Block
462
Tract
D
(Adjacent
to Block 333)
43.
Unit
17
Block
462
Tract
X
to
19
44.
Unit
17
Block
574
Tract
H
to
16, 19 and 20
45.
Unit
17
Block
574
Tract
I
to
14, 19 to 21
46.
Unit
17
Block
580
Tract
Y
to
3 and 19
47.
Unit
17
Block
588
Tract
K
and
5
48.
Unit
17
Block
593
Tract
O
49.
Unit
17
Block
599
Tract
M
50.
Unit
17
Block
602
Tract
P
(Western
115 'Drainage r -o -w)
51.
Unit
17
Block
613
Tract
R
52.
Unit
17
Block
616
Tract
S
Lots
53.
Unit
17
Block
449
Lots
1
to
11
54.
Unit
17
Block
451
Lots
1
to
4
55.
Unit
17
Block
462
Lots
11
and
12
56.
Unit
17
Block
570
Lots
4
to
19
57.
Unit
17
Block
578
Lots
1
to
16, 19 and 20
58.
Unit
17
Block
579
Lots
12
to
14, 19 to 21
59.
Unit
17
Block
580
Lots
1
to
3 and 19
60.
Unit
17
Block
589
Lots
4
and
5
6
EXHIBIT "B"
(1) All obligations of GDC to construct, maintain and operate all
streets and drainage facilities located in the City of
Sebastian, including, without limitation, all obligations of
GDC under that certain Agreement dated August 15, 1979 between
GDC and the City, except that the foregoing shall not include
GDC's obligations with respect to Plat Units 16 and 17, which
are postponed pursuant to paragraph 5 of the Settlement
Agreement to which this Exhibit "B" is attached hereto.
(2) Any liability or obligation (i) related in any manner to the
matters set forth in item (1) above and/or (ii) set forth in
the Proof of Claim filed by the City or related to the matters
described therein.
13/]1/91\JRC\mt-SAB3.ACA
FOR Y- uR IN FOR
In re
GENERAL DEVELOPMENT
CORPORATION, et al.,
Debtors.
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
CHAPTER 11
JOINTLY ADMINISTERED
CASE NO. 90-12231-BKC-AJC
ORDER APPROVING
SETTLEMENT OF CLAIMS OF THE
CITY OF SEBASTIAN
(Claim No. 54383)
(Claim No. -52734)
(Claim No. 52736)
(Claim No. 52735)
THIS CAUSE came before the Court for hearing at the
Status Conference on February 18, 1992, at 2:00 p.m., upon the
Motion to Approve Settlement of Claims of the City of Sebastian
filed by GENERAL DEVELOPMENT CORPORATION ("GDC"), Debtor and Debtor
in Possession (C.P. 32-M ), pursuant to Federal Rules of Bankruptcy
Procedure 9019(a), 2002(a)(3) and 9006(c). By way of the Motion,
GDC seeks the entry of an order approving the proposed settlement
as set forth in the Settlement Agreement, a true and correct copy
of which is attached as Exhibit "A" to the original of this Order,
settling the above -captioned claims (the "Claims") filed by the
City of Sebastian (the "City"), as provided in Section 5.8(b) of
the Debtor's Second Amended Joint Plan of Reorganization (the
"Plan").
The Court having read and considered the Motion, heard
the argument of counsel and otherwise been duly advised in the
premises, finds and determines that sufficient notice of the Motion
and the hearing have been given, no objections to the proposed
settlement have been filed, that approval of the Settlement
Agreement is in the best interests of GDC, its estate and its
creditors, and that good cause appears therefor. Accordingly, it
is
8RDERED AND ADJUDGED as follows:
1. That the Motion be and hereby is GRANTED in its
entirety, and the Settlement Agreement be and hereby is APPROVED
in all respects;
2. That GDC be and hereby is authorized to undertake
and perform all acts reasonably necessary to comply with the terms
of the Settlement Agreement, including but not limited to the
execution, delivery, receipt and exchange of documents, and GDC
and the City are directed so to comply;
3. That GDC be and hereby is directed to convey the
GDC Conveyance Parcels (as defined in the Settlement Agreement)
pursuant to Section 5.8(b) of the Plan and 11 U.S.C. § 1146(c);
4. That in accordance with Section 5.8(b) of the Plan,
the conveyance of the GDC Conveyance Parcels shall constitute an
"alternative distribution" in respect of the City's Claims, and the
City shall accept delivery of the GDC Conveyance Parcels and the
other consideration furnished by GDC pursuant to the Settlement
Agreement in full and complete satisfaction of the Claims and in
lieu of any other dividend, distribution or other treatment under
the Plan;
5. That in accordance with paragraph 8 of the
Settlement Agreement all outstanding ad valorem real property
2
r,
taxes, interest payments, and penalties with respect to the GDC
Conveyance Parcels shall be paid by GDC prior to closing;
6. That in accordance with paragraph 12 of the
Settlement Agreement the City and GDC shall each be responsible for
I
one-half of the cost of the commitment for title insurance with
respect to the GDC Conveyance Parcels; and
7. That the Court hereby retains exclusive jurisdic-
tion to the full extent provided in the Plan, as amended from time
to time, for the purposes of construing, interpreting and enforcing
the terms of the Settlement Agreement.
DONE AND ORDERED at Chambers in Miami, Southern District
of Florida, this day of February 1992.
A. JAY CWTOL
UNITED STATES BANKRUPTCY JUDGE
Copies furnished to:
Mark D. Bloom, Esq.
Robert S. McClary
City Manager
Richard E. Torpy, Esq.
(Attorney Bloom is directed to serve conformed copies of this Order
upon all parties identified on the attached Service List, imme-
diately upon receipt thereof.)
:/ta/n\. VN40C%S=-o
3
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
January 28, 1992
Via Federal Express
Steven E. Goldman
Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A.
1221 Brickell Avenue
Miami, FL 33131
Re: Settlement Agreement between GDC & City of Sebastian
Dear Mr. Goldman:
Enclosed is one (1) original of the settlement agreement between
the City of Sebastian and General Development Corporation, dated
January 16, 1992. Per instructions from Richard E. Torpy,
Deputy City Attorney, I have made the following hand written
modifications:.
In paragraph 13 "closing" the closing shall be held on or before
March 15, 1992 rather than February 28, 1992.
Paragraph 15 "approval" the sentence regarding approval of the
bankruptcy court would be changed to February 28, 1992 rather
than January 31, 1992.
Attorney Torpy advises me that these modifications need not be
approved by the City Council since they are not substantive.
Thank you for your continued cooperation in this matter.
Sincerely,
Robert S. McClary
City Manager
RSM/jmt
cc: W. E. Conyers, Mayor & Sebastian City Council
Richard E. Torpy, Deputy City Attorney
FRE SE , NASH & TORPy, P -4 -
ATTORNEYS AT LAW
GARY B. FIRESEt
CHARLES TAN NASH*
VINCENT G. TORPY. JR.
RICHARD E. ToRPY
GREGORY S. HANsEN
J. PATRICK ANDERSON
LAURA L. ANDERSON
WILLIAM A GRIMM
OF COUNSEL
July 31, 1992
Steven E. Goldman, Esquire
1221 Brickell Avenue
Miami, FL 33131
Re: GDC / City of Sebastian
Dear Mr. Goldman:
930 S. HARBOR CITY BLVD.
SUITE 505
MELBOURNE. FLORIDA 32901
(407) 984-3300
FAX (407) 981-3741
t$OARD CERTIFIED IN
TAxATION
BOARD CERTIFIED IN
ESTATE PI.ANNINO AND PROBATE
1?.34 g--
00N
N Received d
cdy Managers
• F'P�. 1 (, r7.�
On July 28, 1992, the City of Sebastian received an offer to sell
Lot 4, Block 208 Sebastian Highlands to the City for $10,000.00.
It is my understanding that this lot is one of the lots that GDC
was going to convey to the City, and of which we are still waiting
to complete the transaction. Unfortunately, Mr. McClary is out of
town this week, therefore, I cannot confirm this information.
Please contact me immediately so we can discuss this matter.
Obviously, I am quite concerned if this is one of the lots which
is suppose to be conveyed to the City by GDC. I look forward to
hearing from you.
Sincerely,
FRESE, NASH & TORPY, P.A.
Richard E. Torpy
RET/lbg
cc: Robert S. McClary