SIDEWALK WAIVER AND AGREEMENT
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C I T Y
OF
CLEARWATER
POST OFFICE BOX 4748
CLEARWATER. FLORIDA 33518
CITY "ANAGER
March 9~ 1983
Mr. Edward J. Henry
11Q6Brownell
Clearwater~ Florida 33516
CERTIFIED MAIL -
RETURN RECEIPT REQUESTED
Re: Lot 16~ Block I, IRA E. NICHOLSON SUBDIVISION
702 Seminole Street
Deal,' Mr. Henry:
In accordance with Section 133.09 o~ the Code of Qrdinances of the
City of Clearwater, I have reviewed your request for a temporary
sidewalk installat~on waiver.
Since there are no sidewalks within 200 feet of your property~ you
meet the requirements as set forth in the aforementioned Code section.
Therefore~ I am pleased to inform you that a temporary waiver of the
sidewalk install~tion requirement is granted on the above-referenced
Property. Should it he determined that a sidewalk is required at your
location in the future~ it will be installed by the assessment process.
cc: Elizabeth S. Haeseker, Assistant City Manager
Roy J. Ayres~ Building Director
Keith Crawford~ Traffic Engineering Director
Lucille Williams, City Clerk~
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"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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THIS AGREEMENT, made and entered into this 15
A. D. 1981-, by and between the CITY OF CLEARWATER,
corporatlon, hereinafter referred to as "City"; and
, hereinafter referred tp
day of February
FLORIDA, a municipal
Edv1,a-rrt . T. Henry
as II Owner " .
,
WITNESSETH:
WHEREAS, the Owner owns the following descri~ed real property
situated in the City of Clearwater, Pinellas Count~, Florida, to wit:
Lot 16, Block 1, Ira E. Nicholson Sub.
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and
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, commercial, 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 waiver to be
effective;
NOW, 'rHEREFORE, 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 a~d agree as follows:
1. The City in light of the facts found as ~et forth in Exhibit A
attached Ilcreto and made a part herein as if fully Irewritten, grants to
the Owner a temporary waiver of the sidewalk insta~lation requirement im-
posed by Sec. 133.09 of the Code of Ordinances of ~he City of Clearwater.
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2. The temporary waiver granted shall corrune~ce on
and run until the condition or reason for granting Ithe waiver as set ou-t-rn--
Exhibit A is removed or otherwise changed.
3. 'The Owner understands and agrees that the waiver granted herein
is teInporary in character and that it does not excuse the Owner or successors
in interest from the sidewalk requirements imposed iby Sec. 133.09 of the
Code of Ordinances of Clearwater. The Owner furthelr agrees that should
the condition set out in Exhibit A which presently ~xists on the property
and which was sufficient to warrant granting the wJiver be corrected during
the period of this waiver, then the Owner will imme~iately comply with the
requirements of Sec. 133.09 as it relates to sidew~lk installation.
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4. If the Owner or his heirs, personal representatives, successors or
assigns shall fail to have sidewalks installed for ~he 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 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 mentipned in any deeds or
conveyance subsequently executed, and this agreement shall be binding ort all
parties, the heirs, persorlal representatives, succersors or assigns.
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6. All notices pursuant to the agreement shall be j'u;r-nished to
the respective parties at the following addresse$ ~ until receipt of written
instructions notifying the other party of a different addresst
CITY:
City Manager
P. O. Box 4748
Clearwater, Florida 33518
OWNER :
EdwardJ. Henry
1106 Brownell
Clearwater, Fla. 33516
IN WITNESS WHEREOF, the parties hereto have caused these present
to be executed the day and year last above written.
By-
......."."
Countersigned:
Mayor-Commissioner
Approved as to form & correctness:
Attest:
City Attorney
City Clerk
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WITNESSES:
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CITY
As to City
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this 15
day of
Feb ruary
, 19~~
before me personally appeared Edward J. Henry
and , respectively City
Manager, City- Attorney, City Clerk and Mayor-Commissioner of the City of
Clearwater, a ~unicipal corporation existing under the laws of the State
of Florida, to me known td be the individuals and officers described in and
who executed the foregoing Agreement and severally acknowledged the execu-
tion thereof to be their free act and deed as such officers thereunto duly
authorized; and that the official seal of said municipal corporation is
duly affixed thereto, and the said Agreement is the act and deed of said
corporation.
WITNESS my signature and official
Pinellas and State of Florida, the day
County of
en.
My Commission Expires:
Notary Pu&Iic, State of Rorida
My CommisSion Expires Jan. 22, 1985
Bonded Thru Troy Fain. Insurarice, Inc.
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STATE OF FLORIDA 1
COUNTY OF PINELLASl
Before me personally appeared ~j)WAR ,tz.._;:r'. . Hf'.VR-Y . . .
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 ,xpressed,
WI'l'NESS my hand and official seal this" day of' F~ I?UA.~j
19 &"'3 .
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My COIT@ission F~pires:
F;'" iili:trv-Puillie, ~tatiJ 01 florida
PAt (ommj~~j()n Expimslili'l :1.2. 1985
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