SIDEWALK AGREEMENT AND WAIVER (3)
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77006351'
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A'
AGREEMENT
c 'THIS AGREEMENT, made and entered into this 11$'daYOf ~
A. D. 19 7,/ ' by and between the CITY OF CLEARWATER, FLORIDA:! municipal
corporation, hereinafter referred to as :'Cityll; and Fred E. Wolf and Ray W. Mendel
(Partnership) . , hereinafter referred to as lIOwnerll;
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in
the City of Cle er, PineUas County, Florida, to wit: .
01 C~~,\; 1n.CuRCif,O' 204 and 206 Elizabeth Avenue
40 r,r.; ____"'IIIElLASroO.HORIDA Metes and Bounds Sec. 17, TWP 298, Rng.16 E
41 ~:. ~~"...I~
42 :~iJr ______CURIl CIRCUIT tOURT
and. 43 lnt ~'7~~..tt4.ftt1t
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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
WHEREAS, the affected property owner has appealed requesting a temporary
waiver of the sidewalk insta~:ation 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;
NOW, THEREFORE, in consideration of the foregoing premises a~d 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 imposed by Section 7-6 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
is removed or otherwise changed.
'JAN '6 irj":
set out 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
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 ~f this waiver, then
the Owner will immediately comply with the requirements of S~ction 7 - 6 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 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-
sequently executed, and this agreement shall be binding on all parties, the heirs,
personal representatives, successors or assigns. -red b'Y'~
ment waS -pre?a Attorney
This instruDSTl'N, CIty . 748
. . M.AS A. B . 1> O. BoX. 4
TH? f Clearwater, : 33618
_ 1 ~ OlD 3 -, u ~D ~Ity ~leatVlllotet' t Flonda
07- D37- OOCLf)~
RETURN TOt
crry CLERK
'0 "- BOX 4748
x.o.. '. l:"LA 33618-
m.EAR WATER,' .
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0.t4499 PAGE1173
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:
CITY:
City Manager
PO Box 4748
Clearwater, Florida 33518
OWNER:
Fred Ray Construction
5611 Central Avenue
St. Petersburg, Fla. 33710
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year last above written.
CITY OF CLEARWATER,
~tJ lit 1~,' "?\,
FLORIDA
By
WITNESSES:
CITY
c
i4 ~4EAL)
As to Owner
OWNER
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREB Y CERTIFY, that on this 1:2 day of
before me personally appeared - .
and ~ ~. , respectively it Manager, City Attorney, City
Clerk and Mayor- ommissioner 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,
WITNESS my signature and official seal at Clearwater in the Courityof
PineUas and State of Florida, the day and year last above wri.t~'~'~._.:~.'~.."."';".1~.:."."";;"jj.::.....:'...'.. .
My Commission Expires: J/A d .J_~~ ,i^ e,~~~
Notary Pubiie, State of Florida at lar~e =;;g:tr /'.. . ~i"; . ".=.
My Commission Expires Sept. 29, 19n ~ -~; l " ~~' - .
ISvndod. 1)1 Arll~.I~ull fluII 6. ew~vwl1l 6w. ' .t> ~/ ,
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o. t 4499 PACElt? 4
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me personally appeared F"tLjF Pl?'.lA./'O ).,..~')- 1'( It)! w, tH t=P'lJ ~ L..
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.
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WITNESS myhand and officia.l seal this,ff () /~of
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-- '$t;'tary Public . -'. ,
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My Commis sion ~xpires':
Notary Public, Stote of Florida at large
My Commissi-on Exp;rcs Doc. 8, 1979
BeRlI,sI l1y A-..u;rnn Fire & CasuallY Co.
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January 6, 1977
MEMO TO FILE
Picot B. Floyd, City Manager ~
FROM:
Copies to: Fred Ray Construction Co., 5611 Central Avenue, St. Petersburg
Mr. Ed. Blanton, Building Director
Mr. R. G. Whitehead, City Clerk
SUBJEC T; Memo Order - Waiver of Sidewalk Installation
Fred E. Wolf & Ray W. Mendel (Fred & Ray Construction)
204 & 206 Elizabeth Avenue
Metes & Bounds, Section 17, Twp.29S, Range l6E
In response to a request from Fred & Ray Construction Company for a waiver of
City requirement for installation of a sidewalk at the above described property
in conjunction wi th new construction as required by City Ordinance, I have examined
thi s property and the following are my findings:
1. This property is located on an unpaved section of Elizabeth Avenue at its extreme
northern end. There are no other sidewalks on this street and construction of a
sidewalk would not be practical until Elizabeth Avenue is extended to the north and
development takes place along the extended portion.
2. A sidewalk on this property would not form an integral part of a route leading
to a school until Elizabeth Avenue is extended to the north.
3. The absence of a sidewalk at this property would not present a pedestrian
hazard since this is not a heavily traveled street by either pedestrians or vehicles.
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 the
sidewalk at this time is granted. The waiver will be cancelled when Elizabeth
Avenue is extended to the north and the property owner will be then required to
install a sidewalk.
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C I' Y 0 F C LEA R W ATE R
Interdepartment Correspondence Sheet
TO: City Manager Through the City Attorney
FROM: M. J. Paroby, Asst. City Mgr.tttRiJI
COPIES:
SUBJECT: Request for Waiver of Sidewalk Installation, Fred Ray Construction Co.
5611 Central Ave., St. Petersburg
DATE: 12/3/76
Recommendation
Sign the attached:sidewalk installation waiver agreementwjih the
additional stipulation that installation of the sidewalk will be required
at such time that Elizabeth Avenue is extended to the north and
development takes place along the extended portion.
Background
This property, at 204 and 206 Elizabeth Avenue, for which a waiver is
requested, is on an unpaved street, and it is not suitable for construc-
tion of a sidewalk at this time. There are no other sidewalks on this
street within the distance prescribed by Ordinance 1624.
In my opinion, this request for waiver of sidewalk installation meets
with the provisions of Ordinance 1624.
TO:
FROM:
COPIES:
SUBJECT:
DATE:
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CI'Y OF CLEARWATER
Interdepertment Correspondence Sheet
Mr. Mike Paroby, As st. City Manager
Keith Crawford, Director of Traffic Engineering
Ed Blanton
Sidewalk Waiver Request - 204 Elizabeth Avenue
December 2~ 1916
This property is located on an unpaved section of Elizabeth Avenue at
its extreme northern end. There are no other sidewalks along this
street. On this basis he would be eligible for a receipt of a side-
walk waiver.
The Ordinance states that any person granted a waiver will set forth
a reasonable time period during which the waiver is to be effective
and shall provide for the future installation of the sidewalk. It
may be reasonable to stipulate in this waiver that the sidewalk will
be required at such time that Elizabeth Avenue is extended to the
north and development takes place along the extended portion. In this
manner this sidewalk would be continuous to sidewalks placed as devel-
opment occurs just north of this property.
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