SIDEWALK AGREEMENT AND WAIVER LETTER (2)
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800873f2
AGREEMENT
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THIS AGREEMENT, m.ade and enter!!ld into this
A.D. 19 10 , by and between the CITY OF CLEARW
oorporation, hereinafter referred to as "City"; and
.tf.bt~ ~dL.&-~ ., hereinafter 'referred to as
W .I:l'~ESSETH:
ipal
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WHEREAS, the Owner owns the follOwing described real property situated in
th..je ~~ty~Of Cle~~;z &L~ ~~=;;~~~ti t: 1> j 17 J'''(, is ~"f""
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1;; WJIEREAS, Sec:tion 7-6 of the Code of Orl'Hn;:t.nces of the City requires that all
;,:, ~ ~ land that abuts a public right-oi-way, which is to have new construction on it, either
"8 ~ ~ ~or residential, comxnercial, industrial or other purposes, shall have sidewalks
~ :>, ~ ~onstructed by the Owner on, acros s or adjacent,thereto; and
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8 ~ ~ ~ WHEREAS, the City Manager pursuant to Section 7-6 (4) (a) has found the
+~ <r1 [3 ~ollowi:ng conditions exist, as set out in his findiIlgs attached hereto as Exhibit A,
.S ~ t: 5such as warrant the granting of a temporary waiver; and .
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WHEREAS, the affected property owner has appealed requesting a temporary
of the side-.J3lk installation requirem.ent; and
WHEREAS, the owner of the property described herem understands that the
waiver granted herein is only temporary in character and that this agreem.ent must
provide a reasonable period of tim.e for the waiver 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: .
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::; 1. The City in light of the facts found as set forth in Exhibit A attached
~ereto and m.ade a part herein as ~ fully rewritten, grants to the Owner a tem.porary
o ~ ~ ~iver of the sidewalk insta.11ation requirem.ent Unposed by Section 7 -6 of the Code
E- ~ ~ ~f Ordinance s of the City of Clearwater.
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::> >; ~ f-3 2.. The te:o::.porary waiver granted shall commence on rn ~ 1--- Yj I 'f r-D
ti t: 0 1ind rc1 UDtil the condition or reason for granting the waiver as set out in Exhibit A
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Do. ~s re.xnoved or otherwise changed.
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d 3. The Owner understands and agrees that the waiver granted herem is
texnporary in chara.cter and that it does. not eXCuse the Owner or successors m
mterest from the sidewalk requirements imposed by Section 7 -6 of the Cod.e of
Orl'H?l2nces of Clearwater. The Owner.further agrees that should the condition
setout in Exhibit A which presently exists on the property and which was sufficient
to warra.::lt granting the waiver be corrected during the perioci of this waiver. then
the Owner -will inunediately comply with the require.xnents oi Section 7-6 as it
relates to sidewalk insta.l.lation.
4. II the Owner or his heirs, personal representatives. successors or
asdgns .b.a.ll fail to have ddewalks installed for the described real property in
accordance with City specifications and standards within ninety (90) days from the
notification by the City, then the City may have the sidewalks iDstilled and a.s sea II
and i.I:npo8e a lien 'agamst the d~scribed real property for the cost of the work.
5. This agreement is to be regarded as a covenant r"'TlTl;ng with the land
regardless of whether it is specifically mentioned in any deeds or .conveyance lIub-
se~t1y executed. and this a.greement sh~ll be binding on all parties, the heirs,
~l ca~,~al representatives, &uccessors or assigns: ~ i"'~'~
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n.R. 5 0 31 PAGE 280
6. All notices pursuant to this agreement shall be furnished to the
respective parties at the following addresses, .until receipt of written instructions
noti.fying the other party of a different address:' .. ,
CITY:
City Manager
PO Box 4748
Clearwater. Florida 33518
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.m WITNESS WHEREOF. the parties hereto have caused these presents
to be exeCuted the day and yea.r last above written.
C, oUn,tersi,gnb. 'Z ~
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Mayor_Com:nissioner
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orrectness:
Attest:"!' '~"
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tJII. -' I ~ c.IJ.A. "r~
City Clerk
WITNESSES:
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'As to City
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CITY
(SEA L)
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. /~of/ (SEAL)
OWNER
As to Owner
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY. that on this 3rd day of June , 19 80
.. before me personally appeared Anthony L. Shoemaker, Thomas A.Bustin,Lucille
WJ.IIJ.ams ,and Charles LeCher , respectively City Manager, City Attorney, City
Clerk and Mayor-Ccn:nmissioner of the City of Clearwater. a municipal corporatiOl
existing mlder the laws of the State of Florida. to me known to be the individuals
and officers described in and who executed the foregoing Agreement and severally
acknowledged the execution thereof to be their free act and deed as such officers
thereunto dulyallthorl2:ed; and that the official seal of said municipal corporation i.
duly affixed thereto. and the said Agreement is the act and deed of said corporatio:
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WITNESS my signature and official seal a.t Clearwater in the County of
Pinellas and State of Florida. ~e day and year last above ,ywts1tf"#:">:"'i '
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My Commission Expires Oct. 31. 1983
Bonded By Americ;~" F;,Q &. C~$u.slty Compalny
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STATE OF FLORIDA }
COUNTY OF PINELLAS }
Before m.e perscmally appeared CD GAit )/- -eA/1{/ ,I OIZ"/; /I-f~e t?A/~
to m.e well known ~d known to' m.e to be the individuals described in and who
executed the foregoing agreem.ent and acknowledged beiore m.e that they executed
the sam.e for the purposes therein expressed.
O.R. 5 0 31 PAGE 2 81
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WITNESS m.y hand and official seal this
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day of
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My Commission E~ires:
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Notary Public
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O.R. 5 031 PAGE
282
FROM:
AnthonyL.' ShQelllaker~C:LtyM<3;nqge
May 28, 1980
MEMO TO FILE
COPIES TO:
Edgar H. and Ora Mae Cain
Max Battle, Director of Public Works
Roy Ayres, Building Inspection Director
Lucille Williams, City Clerk
SUBJECT:
MEMO ORDER-~Waiver of Sidewalk Installation
Edgar H. and Ora Mae Cain
Lot 17, Block I, Sunset Lake Estate
1630 Algonquin Drive
In response to a request from Edgar H. and Ora Mae Cain, for q waiver
of requirement for installation of a sidewalk at the subject property
in conjunction with new construction as required by City Ordinance, I
have examined this property and the following are my findings:
1) There are no sidewalks within 200 feet of the property,
and this is the last lot to be developed in this area;
2) A sidewalk on this property, at this time would not form
a part of a route leading to a school; and
3) The absence of such a sidewalk would not present a pedestrian
hazard.
In my judgement, the above findings meet the conditions prescribed in
Ordinance 1624, Section 1, Paragraph (4)(a) and therefore a waiver of
installation of a sidewalk, at this time, is granted.
"Exhibit A"