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FEB 61980 <br />General Development Corporation <br />January 14, 1980 <br />Mr. George, G. Collins, Jr., Esq. <br />Indian River County Attorney <br />P. O. Box 3686 <br />Vero Beach, FL 32960 <br />Re: Vero Highlands Entrance Feature <br />Dear George: <br />moo 42 u 677 <br />G. Patrick Settles <br />Corporate Counsel <br />I am in receipt of your January 3, 1980 letter regarding the draft agree- <br />ment between Indian River County and General DevelcpTent Corporation as <br />to General's landscaping of certain rights-of-way. As we discussed by <br />phone today, I have no problems with either deleting references to the <br />issuance of permits or providing legal descriptions of the portions of <br />rights-of-way to be landscaped. <br />However, with regard to points 2 and 3 of your letter, General Develop- <br />ment cannot ccmni.t itself to be secondarily liable in perpetuity upon the <br />maintenance and indemnification provisions. <br />As stated in the original draft agreement, we have already obligated our- <br />selves to maintain these landscaped areas for a period of three years or <br />until such responsibility is assumed by the property amers' association, <br />whichever canes first. In addition to this obligation, we are also pre- <br />pared to offer to post corporate bonds guaranteeing the maintenance of <br />the landscaping in the public rights-of-way for a period of ten years. <br />At the end of such time, our liability for maintenance would cease. <br />With regard to the indemnification provision, we will obtain a "hold <br />harmless" agreement from the property aoners' association, and we will <br />provide in the articles of the association that it must carry liability <br />insurance for actions arising from this landscaping. <br />Hopefully, these additional changes will adequately address the County's <br />concerns. If not, please advise at your earliest convenience. <br />Thank you very much for your cooperation in this matter. <br />GPS /lm <br />Sincerely, <br />AaSettles <br />Corporate Counsel <br />MR. SETTLES INFORMED THE BOARD THAT THEY CANNOT CARRY A <br />PERPETUAL LIABILITY ON THEIR BOOKS, BUT, AS A REMEDY, THEY HAVE <br />SUGGESTED THAT THE PROPERTY OWNERS ASSOCIATION WILL RUN WITH THE <br />LAND AND WILL BE REQUIRED TO MAINTAIN MAXIMUM INSURANCE ON LIABILITY, <br />ETC. HE CONFIRMED THAT THEY ARE WILLING TO POST A CORPORATE BOND <br />EXTENDING THEIR RESPONSIBLITY FOR MAINTENANCE UP TO A TOTAL OF TEN <br />