Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - January 13, 2015
January 13, 2015 - Regular Meeting
Agenda Item #32

American Legion Kirby Stewart Post #24, Inc. a/k/a American Legion


Contact and/or Presenter Information

Sia Mollanazar, P.E., Deputy Director - Engineering Services, Public Works Department

Office Ext. 7487

Action Requested
Authorization for the Chairman to execute the attached RELEASE AND CANCELLATION OF AGREEMENT for the existing Deferred Side Walk Agreement, dated January 3, 1989.

Enabling/Regulating Authority

LDC Section 722.1.4.7 - Agreement to Defer Completion of the Required Sidewalk

Florida Statute, Chapter 125, Section 125.01 - Powers and Duties

Background Discussion

On January 3, 1989, Manatee County executed an agreement to defer completion of required sidewalk with Kirby Stewart Post #24, Inc. of the American Legion.

In the late 1990's Manatee County completed the Capital Improvement Project for 75th Street West roadway and bridge at this location.  As part of this roadway widening CIP, Manatee County installed the sidewalk at the location referenced in the above Deferred Side Walk Agreement.

As a result of the sidewalk construction completed by Manatee County, the existing Deferred Side Walk Agreement becomes mute.

The American Legion Kirby Post #24, Inc. property is on the market for sale.   During the process of closing due-diligence, the title search conducted on the property reported this agreement as a title objection.  

The seller's attorney has approached the County seeking release for the agreement.  The attached Release and Cancellation of Agreement is prepared by the requester and has been reviewed by the County Attorney Office.  The agreement releases the Developer from any and all obligations and terminates the original 1989 Agreement.

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Please return the executed, original Release and Cancellation Agreement to the Public Works Department, Attention Sia Mollanazar, P.E..  Please call Sia Mollanazar, P.E. at 941-708-7487 and he will arrange pick up of the signed original document.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  American Legion Sidewalk - Release and Cancellation of Agreement .pdf
Attachment:  CAO Review finding No Objections to Release and Cancellation Agreement 01082015.pdf
Attachment:  American Legion Sidewalk - Release and Cancellation of Agreement (executed).pdf