SIDEWALK AGREEMENT AND WAIVER (4)
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C I T Y
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CLr"RWATER.
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FLORIDA
33518
RECEIVED
CITY MANAa."
December 22, 1982
JAN 0 6 1983
M~ss Gail T. Lamb, Purch..ing Manaaer
FerinelHomebuilder, Inc.
3118 Gulf-to-Bay Boulevard, Suite 310
Clearwater, Florida 33519
Dear Mis8 Lamb:
CERTIFIED MAIL -
I ~E~. RECEIPT REQUESTED
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Re: Lot 2, Section 16, Town.,hJV 29 South, Rapge 16 ~aet
M & B H13, 3198 Gu1f-to-ltY Bou1eyard
In accordance with Section 13J.()9 of tho Codei of Ordinancel;i of the
City of Clearwate~, t have reyiewed yo~r req.T'. et for a temporary
sidewalk instal1atton waiver.
Since there are no sidewalk. wlLhin 200 feet ~f y~ut' property, you
meet the requirements as ..t forth in th. afo~.mentioned Code. section.
Tllere:f;ore, I am pleased to infDrm you that a !~empor.rywaiver of the
sidewalk installation x-equtulIMlIlt t.'l'antedpn the. above-referenced
property. Should it be d.te~lled that " .1~wa1k 1s required at your
location :1n the future, it wut be !n.talled ~y the assessment process.
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cc: EU.z~be th S. Haeseke r, Au.. t an tel t y Mapage;r
Roy J. Ayres, Buildina Oireclur
Keith Crawfox-d, TrafUc Eniiin..r1na 01rej;:tor
Lucille W1111U18, City Cbrk. ~
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"EQUAL EM..LOYMIINT ANP A"",NMATIVI: ~CTI~N EMPLOyE....
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THIS AGREEMENT, made and entered into this 29th day of November
A. D. 19 82 , by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporatlon, hereinafter referred to as "City"; and Ferinel
Homebuilder. Inc. , hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property
situated in the City of Clearwater, Pine lIas County, Florida, to wit:
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Lot 2
Section 16
Township 29 South
Range 16 East
M & B fiB
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, 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 November 29, 1982
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 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 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 fux'nished to
the respective parties- at the following addresses> untU receipt ot:written
instructions notifying the other party of a different addressJ
CITY:
City Manager
P. O. Box 4'748
Clearwater, Florida 33518
OWNER ;
Ferinel Homebuilder, Inc.
3118 Gulf-to-Bay Blvd.
Suite 11310
Clearwater, FL 33519
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 Clerk
City Attorney
WITNESSES:
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As to City
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As to Owner
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CITY
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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 eJCisting 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 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
4uly affl~ed 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
Plnellas and State of Florida, the day and year last above written.
My Commission Expires:
Notary Public
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STATE OF FLORIDA L
COUNTY OF PINELLASl
Before me personally appe ared__ .61-t~_f:____pr____~J1r1_(1~-----_.~~~~-'-~~-
to me well known and kno\'m to me to be the IndivIduals described 1n and
who executed the for'eg01ng agreement and acknowJ edged before me that
they executed the same for the purposes therein expressed,
Wl'rNESS my hand and official seal thiS,:_;Z____day of-~A :~'"
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My Commission Expires:
Notary Public, State of Rorida
Mv Commission Expires Nov. 17, 1984
lond.ct Thru Troy Fain. Insurance,. Inc. .
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