SIDEWALK WAIVER DENIED (3)
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CITY OF (:LEAI{WATER
POST OFFICI! BOX 4748
CLEARWATER. FLORIDA 33~lB
RECElVEa
CITY MANAO."
OCT 13 1982
October 6, 1982
elTY g_.._~
Clearwater VOA Elderly Housing, Inc.
c/o Diana McIver
3939 North Causeway Boulevard
Metairie, Louisiana 70002
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Gentlemen:
I have reviewed your request for sidewalk waiver for property located
at 1770 North Betty Lane, upon which you intend to develop a lOl-unit
apartment complex for low-income elderly and handicapped persons. I
have also reviewed an agreement executed on August 26, 1982, between
the City of Clearwater and the Volunteers of America.
Paragraph number one of the above-referenced agreement states that the
City will provide a maximum of $57,700 to VOA; said funds to be used for
certain purposes including sidewalks along Betty Lane. r assume your
application intended to delete Betty Lane from the request for waiver.
Notwithatanding, 1; find no basis for granting a waiver within Section
133.09 of the City of clearwateec - Ordinances for the remaining
sidewalks. Accordingly, I here:',cl,' eny ," ur request for sidewalk
waiver. .
You have the right to make a written demand to the City Commission if
you wish to appeal my decision. Such appeal must be made within ten
days fol10w!ng receipt of this letter.
The development to the north of you recently requested a sidewalk waiver
and, although it was denied, proceeded to appeal to the City Commission.
The Commission upheld the administrative denial.
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City Manager
cc: Keith Crawford, Traffic Engineering Director
Max G. Battle, Public Works Director
Roy J. Ayres, Building Dir~tor
Joseph McFate, Community Development
Elizabeth S. Haeseker, Assistant City Managerv
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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A G R E E MEN T
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THIS AGREEMENT, made and entered into this day of
A. D. 19 , by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "City"; andClprl7Wrlfpr VOA Elderll.:/
Housing, Inc. , hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property
situated in the City of Clearwater, Pinellas County, Florida, to wit:
/770
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and
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WHEREAS, Sec. 133.09 of the Code of Ordinances of the City requires
that all land that abuts a public right-of-way, which is to have new con-
struction on it, either for residential, cormnercial, industrial or other
purposes, shall have sidewalks constructed by the Owner on, across or ad-
jacent thereto; and
WHEREAS, the affected property owner has appealed requesting a
temporary waiver of the sidewalk installation requirement; and
WHEREAS, the City Manager pursuant to Sec. 133.09 (e) (1) has- found
the following conditions exist, as set out in his findings attached hereto
as Exhibit A, such as warrant the granting of a temporary waiver; and
WHEREAS, the owner of the property described herein understands that
the waiver granted herein is only temporary in character and that this
agreement must provide a reasonable period of time for the waiven to be
effective;
NOW, THEREFORE, in consideration of the foregoing premises and other
good and valuable consideration between the parties, receipt of which is
hereby acknowledged, the parties hereto-covenant and agree as follows:
1. The City in light of the facts found as set forth in Exhibit A
attached hereto and made a part herein as if fully rewritten, grants to
the Owner a temporary waiver of the sidewalk installation requirement im-
posed by Sec. 133.09 of the Code of Ordinances of the City of Clearwater.
2. The temporary waiver granted shall commence on
and run until the condition or reason for granting the waiver as set out in
Exhibit A is removed or otherwise changed.
3. The Owner understands and agrees that the waiver granted herein
is temporary in character and that it does not excuse the Owner or successors
in interest from the sidewalk requirements imposed by Sec. 133.09 of the
Code of Ordinances of Clearwater. The Owner further agrees that should
the condition set out in Exhibit A which presently exists on the property
and which was sufficient to warrant granting the waiver be corrected during
the period of this waiver, then the Owner will immediately comply with the
requirements of Sec. 133.09 as it relates to sidewalk installation.
4. If the Owner or his heirs, personal representatives, successors O~
assigns shall fail to have sidewalks installed for the described real prope~t~
in accordance with City specifications and standards within ninety (90) days
from the notification by the City, then the City may have the sidewalks in-
stalled and assess and impose a lien against the described property for the
cost of the work.
5. This agreement is to be regarded as a covenant running with the
land regardless of whether it is specifically mentioned in any deeds or
conveyance subsequently executed, and this agreement shall be binding on all
parties, the heirs, personal representatives, successors or assigns.
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6. All notices pursuant to the' agreement shall be furnished to
the respective parties at the following addresses~ until receipt of 'writtE
instructions notifying the 'othe'r party of a different address I
CITY:
City Manager
P.O. B ox It 7It 8
Clearwater, Florida 33518
OWNER:
Clearwater VOA Elderly Housing, Inc.
3939 N. Causeway Blvd.
Metairie, LA 70002
IN WITNESS WHEREOF, the' parties hereto have caused these present
to be executed the day and y-ear last above written.
Countersigned:
City Manager
Mayor~Commissioner
Approved as to form & correctness:
Attest:
City Clerk
City Attorney
WITNESSES:
CITY
As to City
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As to Owner
)<' 044 n0c~ ...?(SULJ
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Diana McIver, as agent for
Clearwater VOA Elderly Housing, Inc.
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this
before me personally appeared
day of
, 19_
and
, respectively City
Manager, City' Attorney, City Clerk and Mayor-Commissioner of the City of
Clearwater, a municipal corporation existing under the laws of the State
of Florida, to me known to De the individuals and officers described in and
who e~ecuted the foregoing Agreement and severally acknowledged the execu-
tion thereof to De their free act and deed as such officers thereunto duly
authorized; and that the official seal of said municipal corporation is
duly affi-xed thereto, and the said Agreement is the act and deed of said
corporation.
WITNESS my signature and official seal at Clearwater in the County of
Pine lIas and State of Florida, the day and year last above written.
My Commission Expires:
Notary Public
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STATE OF F~EfA L
COUNTY OF ,F~ELL:ASl
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Be fore me personally appeared' D/antL . .,In ~'.r Ve...... . .", - . . .
to me well known and knmm to me to be the individuals described in and
who executed the foregoing agreement and acknowledged before me that
they executed the same for the purposes therein expressed, - - '
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WITNESS my hand and official seal this" ~Y)d day of:$e.o-tembe.r
19 3~ . :.. '
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My Commission Expires: 'j -r;,-1-:tjjfghAliJItIlfe.
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