SIDEWALK AGREEMENT AND WAIVER (5)
O.R. 1.1 705 PAGE 2175
THIS AGREEMENT, made and entered into this i day of
A. D. 19 79 , by and between the CITY OF CLEARWATER, FLORIDA,
corporation, hereinafter referred to as "City"; and "
P4.~' .. _ H~' t:f;::},~<^ · hereinafter 'referred to as "Own,~~~ii'"
r' t,r~:.:.::~ co. FL OR1Dt~
WIT ESSETH: _~..............S6-/...u.,;..J.."4
r,' f:RK CIRCUIT COURT
WHE,REAS" the Owner owns the, ' following descrihedt,eat pr~~ S,ituated in
the U~f ~le:g;er;';r::';'~Oun~:.~;~a. to~' 3,16'06 A :10 ~.
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WHEREAS, Section 7-6 of the Code of Ordinances of the City requires that all
land that abuts a public right-of-way, which is to have new construction on it, either
for residential, commercial, industrial or other purposes, shall have sidewalks
constructed by the Owner on, acros s or adjacent thereto; and
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AGREEMENT
WHEREAS, the affected property owner has appealed requesting a temporary
waiver of the sidewalk installation requirement; and
WHEREAS, the City Manager pursuant to Section 7-6 (4) (a) 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; :~
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1. The City in light of the facts found as set forth in Exhibit A attached ~;'4~ ~ ..,
hereto and made a part herein as if fully rewritten, grants to the Owner a tempora~
waiver of the sidewalk installation requirement imposed by Section 7 -6 of the Code ~
of Ordinances of the City of Clearwater. ~
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:
2. The temporary waiver granted shall commence on
and run until the condition or reason for granting the waiver as
is removed or otherwise changed.
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in Exhibit A
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 Section 7 - 6 of the Code of
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Ordinances of Clearwater. The Owner further agrees that should the condition Cl :::q l-3
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 ~ g, ~~.
the Owner will immediately comply with the requirements of Section 7 - 6 as it ~ 9 >,-. ::r
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relates to sidewalk installation. ~ ~. S
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4. If the Owner or his heirs, personal representatives, successors or
assigns shall fail to have sidewalks 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 installed and assess
and impose a lien against the described real 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 sub-
sequentlyexecuted, and this agreement shall be binding on all parties, the heirs,
personal representatives, successors or assigns.
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I O.R. ~ 7 0 5 P~GE 21 7 {)
6. All notices pursuant to this agreement shall be furnished to the
respective parties at the following addresses, until receipt of written instructions
notifying the other party of a different address:
CIT Y :
City Manager
PO Box 4748
Clearwater, Florida 33518
OWNER:
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IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year last above written.
::T;;; ;~~IDA
47r~ity ~~11Ager... ' /
Attest:
rectness:
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WITNESSES:
CITY
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vJNp~ 4SEALl
~(1), ~SEAL)
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A s t~dwner
OWNER
STATE OF FLORIDA
COUNTY OF PINELLAS
*Acting
{:Deputy
Williams
I HEREBY CERTIFY, that on this 31st day of May , 19 78
before me personally appeared Michael J. Paroby, Thomas A. Bustin, Lucille
and , Charles F. LeCher , respectivelytcCity Manager, City Attorney, tcCity
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 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 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.
M"T r..omlZlission Exoires'
fimry......UDnt,~e- O'I?1onda at Ufl}' .
My Commission Expires Sept. 29, 198\
Bonded By AmEHican File: & C.uuah)' Campan)'
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written. ," ,., .
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a.H. ~ 705 PAGE 2 1 77
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared Fr'le'pH4G ~ I()S"K. 1 t:1../Z/98CT'Y 4./. II/JG~,u
to me well known and known 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.
WITNESS my hand and official seal this
9
day of
~AY
19 l'i
.
My Commis sion Expires:
Notary Pl:~'t(: State of Florida at Large
My CommIssum EXliire~ iIInv 17 1989
Bonded By Am~lican file &. CaiuaJlv C'
, ompany,
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Notary Public
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May 24, 1978
n.R. ~ 7 0 5 pnGE 21 7 8
MEMO TO FILE
FROM:
Anthony L. Shoemaker, City Manager ~(?/
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Mr. & Mrs. Fred Hagen, Sr., 3160 Bay Lane, Clearwater
Mr. Ed. Blanton, Building Director
Mr. Keith Crawford, Traffic Engineer ~
Mr. Robert G. Whitehead, City Clerk............
Copies to:
SUBJECT: MEMO ORDER - WAIVER OF SIDEWALK INSTALLATION
Mr. & Mrs. Fred Hagen, Sr., 3160 Bay Lane,
Clearwater.
In response to a request from Mr. & Mrs. Fred Hagen for a waiver of
City 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 existing within 200 feet of the subject
property and the street is not paved;
2. A sidewalk at this property at this time would not form a part of a
route leading to a school; and
3. The absence of such sidewalk would not present a pedestrian hazard.
In my judgment, the above findings meet the conditions prescribed in
Ordinance 1624, Section 1, paragraph (4) (a), and therefore a waiver on
installation of a sidewalk at this time is granted.
EXHIBIT A.
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C IT Y 0 F C LEA R W ATE R
Interdepertment Correspondence Sheet
TO:
Mr. Anthony L. Shoemaker, City Manager
M. J. Paroby, Asst. City Mgr.'{j."lfJ
.
FROM:
COPIES:
SUBJECT: Request for Waiver of Sidewalk Installation, Fred Hagan, Sr., 3160 Bay Lane
DATE: May 24, 1978
Recommendation
Sign the attached Waiver of Installation of Sidewalk, and
initial the attached Memo Order.
Background
See attached Memo to File.
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ciTY OF CLEARWATER
Interdep.rtment Correspondence Sheet
TO: Mr. Mike Paroby, Asst. City Manager
FROM: Kei th Crawford, Di rector of Traffi c Engi neer
COPIES: Ed Blanton
SUBJECT: Sidewalk Waiver at 3160 Bay Lane
DATE: May 11, 1978
I have reviewed the above 10cat;on ;n the field and found that the
area surrounding this property is mostly developed ant that there are
no sidewalks existing on Bay Lane at the present time. There is a
ditch in front of this property which is approximately where the side-
walk would be built. If it were built the continuation of the ditch
in front of the adjacent properties would make the sidewalk inaccessible,
In view of this it is mY feeling that the waiver should be granted for
this property.
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