HomeMy WebLinkAboutR-1992-124 _ - - �-
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RESOLUTION NO. 124- 92
i A RESOLUTION OF THE CITY OF DANIA, FLORIDA, j
APPROVING FORM FOR WAIVER OF SIDEWALK
REQUIREMENTS BETWEEN THE CITY OF DANIA AND
WILLIAM B. CEPEK; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That that certain form for Waiver of Sidewalk
Requirements between the City of Dania and William B. Cepek, 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.
Section 2 . That this resolution shall be in force and take -*
effect immediately upon its passage and adoption.
Passed and Adopted this 8th day of September 1992.
MAYOR - GPMMISSIONER
ATTEST:
ITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
FRANK C. ADLER, City Attorney I
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j AGREEMENT t
Between
CITY OF DANIA
and
_c
for
WAIVER OF SIDEWALK REQUIREMENTS
THIS IS AN AGREEMENT, made and entered into by and between:
i CITY OF DANIA, a municipal corporation existing under the laws of
the State of Florida, hereinafter referred to as "CITY",
AND
hereinafater referred to as
•'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
WHEREAS, DEVELOPER has applied for the following approval(sr)
to permit development of the Property:
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and
WHEREAS, Section 22-27 of Article 2, Chapter 22 of the Code of
Ordinances of the City of Dania, Florida, requires that, in a
conjunction with such development, sidewalks be constructed
adjacent to the property along the following roads :
hereinafter referred to as "the Improvements"; and <
WHEREAS, sidewalks have not been built along nearby parcelsr ,;
which would leave an isolated segment of sidewalk along the
Property; and k. ;,:':•`
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EXi IiBIT "A
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WHEREAS, DEVELOPER wishes to use the Property without 1
constructing sidewalks until such time as sidewalks are constructed
by any owner, developer, or governmental entity along any adjacent t
properties or streets; and
wREREAS, DEVELOPER agrees that the construction of the
Improvements would materially benefit the Property; and
WHEREAS, on , 199 , the City Commission of
the City of Dania, determined that DEVELOPER could be released from
the requirement to construct sidewalks if the DEVELOPER entered
into this agreement to construct or pay for the construction of the
Improvements at any time that notice is given underl the atespecial
s set
forth below, or to pay Y
assessment district were formed to construct the Improvements.
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and
contained herein, CITY and DEVELOPER agree as
representations
follows:
1 . This Agreement shall be recorded in the Public Records of i{
Broward County, Florida and shall be binding upon
successors and assigns.
I '
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
along streets adjacent to such
adjacent to the Property, or
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 W11EREOF, the parties have made and executed this
ective dates under each signature: City of
Agreement on the resp
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Dania signing by its Mayor, City Manager and 'ar4 attested to by the
` City Clerk, all of whom are duly authorized to execute same by city
commission action.
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CITY
WITNESSES: CITY OF DANIA
BY
Mayor Bill Hyde
ATTEST: BY
Robert Flatley, City Manager
Wanda Mullikin, City Clerk
(CORPORATE SEAL)
APPROVED AS TO FORM AND CORRECTNESS
BY: I:
1 Frank C. Adler, City Attorney
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' ! AGREEMENT BETWEEN CITY OF DANIA AND ���' C'��c� FOR WAIVER OF
SIDEWALK REQUIREMENTS.
i
DEVELOPER �1 /
WI SES: L( / !�'a Q! �ee�Cll�--- -_�� � I
�e
�Cc E l�G7t.� day of 1)06- 19��
(Corporate Seal ) r.
I '
STATE OF FLORIDA
COUNTY OF BROWARD QQ
BEFORE ME, personally appeared w ( � G ►�� U0.ff Ce Pe
personally known to me or who has produced
ersonescr- ibe in and
for t '
identification, and known to me to be the p 1111
who ex cuted the foregoing instrument, and swore to and before me i
that executed same for the purposes expressed therein. II[
—f [ �t si Cl2G -9Z2-Jo3- I'FS �,���
WITNESS my hand and official seal this L_L day of AUlr , t
199-,Z-. i
I
C�etary Public
My commission expires : (`ov �Ah hG WI
tJnrlIn
Name of Notary (typed or printed)
OFFICIALNOTARY
UOU ANN cUN..''WCHAM
NorARY PUBLIC STATE OF FIARIDA
COMMISSION NO.CCIS1759
MY COMMMION FXP.M.701996 -
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