HomeMy WebLinkAboutR-1992-123 F !
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RESOLUTION NO. 123- 92 f
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING FORM FOR WAIVER OF SIDEWALK
REQUIREMENTS BETWEEN THE CITY OF DANIA AND
DAVID SANDSTROM; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
j Section I . That that certain form for Waiver of Sidewalk
Requirements between the City of Dania and David Sandstrom, a copy +
of which is attached hereto as Exhibit "A" , be and the same is
hereby approved, and the appropriate city officials are hereby
directed to execute same.
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Section 2 . That this resolution shall be in force and take
effect immediate) u its Y on P passage and adoption.
Passed and Adopted this 8th day of September 1992.
ATTEST: / . MAYOR - COMMISSIONER
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS: [
F C.�ADLER, City Attorney
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AGREEMENT j
Between (I
CITY OF DANIA f
/ and
for
WAIVER OF SIDEWALK REQUIREMENTS
THIS IS AN AGREEMENT, made and entered into by and between: '
CITY OF DANIA, a municipal corporation existing under the laws of
the State of Florida, hereinafter referred to as "CITY",
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/ AND
hereinafater referred to as
J "DEVELOPER", its successors and assigns.
WHEREAS, DEVELOPER is the owner of certain real property
located in Broward County, , Florida (the "Property" ) , a description
of which is attached hereto as Exhibit "A" and made a part hereof;
and M.r;.
WHEREAS, DEVELOPER has applied for the following approval(s)
to permit development of the Property:
and •
WHEREAS, Section 22-27 of Article 2, Chapter 22 of the Code of
Ordinances of the City of Dania, Florida, requires that, in
conjunction with such development, sidewalks be constructed
adjacent to the property along the following roads: I
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sh� a� Avg
hereinafter referred to as "the Improvements"; and
WHEREAS, sidewalks have not been built along nearby parcels
which would leave an isolated segment of sidewalk along the
Property; and
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WHEREAS, DEVELOPER wishes to use the Property without
constructing sidewalks until such time as sidewalks are constructed
by any owner, developer, or governmental entity along any adjacent
properties or streets; and
WHEREAS, DEVELOPER agrees that the construction of the
Improvements would materially benefit the Property; and I
WHEREAS, on , 199 , the City Commission of
the City of Dania, determined that DEVELOPER could be released from
the requirement to construct sidewalks if thA DEVELOPER entered
into this agreement to construct or pay for the construction of the
Improvements at any time that notice is given under the terms set
forth below, or to pay any assessment levied if a special
assessment district were formed to construct the Improvements.
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and I
representations contained herein, CITY and DEVELOPER agree as
follows:
1 . This Agreement shall be recorded in the Public Records of.
Hroward County, Florida and shall be binding upon
successors and assigns.
2. DEVELOPER agrees to construct or pay for the construction
of the Improvements within ninety (90) days of notice from
CITY that the Improvements are required under the terms of
this Agreement. Such notice shall not be given unless and
until sidewalks are to be constructed along parcels
adjacent to the Property, or along streets adjacent to such
parcels .
3 . DEVELOPER agrees that, in the alternative to the provisions
of Paragraph 2, if a special assessment district is ever
formed for the purpose of constructing sidewalks including
sidewalks adjacent to the Property, such improvements would
constitute a benefit to the property and DEVELOPER will pay
his share of any assessment levied for such purpose.
4 . DEVELOPER agrees to indemnify, defend and hold harmless the
CITY, its officers, agents and employees, and any other
governmental entity which may have jurisdiction of the
Property or undertake the construction of the Improvements,
from any and all claims, actions, damages, and liabilities
arising from or as a result of this Agreement or the
absence of sidewalks adjacent to the Property.
5. CITY agrees that, in consideration of the terms and
conditions contained herein, the requirement of the City of
Dania Code of Ordinances that DEVELOPER construct or bond
for the construction of the sidewalk improvements prior to
issuance of a development order is hereby satisfied.
IN WITNESS WHEREOF, the parties have made and executed this
Agreement on the respective dates under each signature: City of
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Dania signing by its Mayor, City Manager and 'aP4 attested to by the
City Clerk, all of whom are duly authorized to execute same by city
commission action.
CITY
WITNESSES: CITY OF DANIA
BY �`a�
Mayor Ball Hyde
ATTEST: BY r
Robert Flatley, City Manager r;
Wanda Mullikin, City Clerk
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(CORPORATE SEAL) j
APPROVED AS TO FORM AND CORRECTNESS '
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Frank C. Adler, City Attorney
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FOR WAIVER OF
AGREEMENT
WALK RBBETWEEN
CITY
OF DANIA AND F�l
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DEVELOPER
WITNEISES:
By:
w i day of
(/ T— ,
(Corporate Seal)
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STATE OF FLORIDA / 1
COUNTY OF DROWARD T
personally appeared V� V ce s ,� for
BEFORE ME, p roduced r �f ✓s
ed in
personally known to me or who has p
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identification, and known t instrument,o me to be tand pswore tos and bbefore ame
who executee the xecutedrsamenfor the purposes expressed therein.
that ��p �k 5 5 ao - 1 7o. & 2 - 33g. `.''`Q 9//8/9S
L of
WITNESS my hand and official seal this
27 day
N t ry• Publi
My commission expires: pvr, 1�-,,r� r�
Name of Notary (typed ofr printed)
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