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SIDEWALK WAIVER GRANTED AND APPLICATION (2) ,.- m- If Q. t{ 3/~c)/7( r;- ~(t. R. 46?8 PAGE1115 !.. THIS AGREEMENT, made and entered into this '5 rl day of -1A #2tll , A. D. 19 7? , by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City"; and/JCII#eo R. ~/A.t.PAts,LAI#..u:y..r. tJl.I/~,eI1J" ~8ERtJ: C{l-t.t.u-f8EJ11/1. C/J~&U-, hereinafter 'referred to as l'Owner"; J I 78051029 pf-) F:> /.;) .00 ... AGREEMENT I WITNESSETH: =- WHEREAS, the Owner owns the following' described real property situatec!lin ~f.}. 01 the ~it:L..of Clearwater, Pinellas County, Florida, to Wi. 't: '. c..n ~.~ ~.~';..t-. 40 Recca~,~ lol- J ,:u;;S .5/1a.,eIt';v.ReI. = ~~~~: . -r e \O~ 41 St LIt: ::rf~""'~ 42 Sur . 0 a.fe/'l1() "A. S voJ;1/V/$/p/t/ II: l.. ~o 43 Int ~_"'_ :.:i ... · Tot ~ A.A- .. WHEREAS, Section 7 -6 of the Code of Ordinances of the City requires that all la71d 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, across or adjacent thereto; and WEEREAS, the affected property owner has appealed requesting a temporary waiver of the side~;..;al.k 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 a.ttached hereto as Exhibit A, such as warrant the granting of a temporary waiver; and ~ ... l( Co C' NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration between the parties. receipt of which is hereby acknow~dged, the parties hereto covenant and agree as follows: 1. The City in light of the facts found as set forth in EJdlibit A atta.ched 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 oi Ordinances of the City of Clearwater. r.. C() O~'1'< ~ l'- 0- f-< I'i1 '<j' r:x Z~l ~ c::OO~ ::J Ul ~ f-<~ .~ ~ ~O"" ~uc.:S ~ r; ~ t 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; 2.. The temporary waiver granted shall com.m.ence on and run until the condition or reason for granting the waiver as 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 suceessors in interest from the sidewalk requirements imposed by Section 7 -6 of the Code of Ordinances oi 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 imm.ediately comply with the requirements of Section 7 -6 as it relates to sidewalk installation. 4. If the OW!1er 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 agreem.ent is to be regarded as a covenant r"nn;ng 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. 'l'his inl"trum2nt .P2S pl'epa!'ed b . THOMAS A BU"I' . .. y. C. . . ~)~IN, CIty Attorney Ity of Clearwater, P. O. Box 4r- ~learwater, Florida 33518 D7- 02)')....."...OO(~) .' ( . -1- I I ~o:.: 4678 PAGE1116 '. . 6. All notices pursuant to this agreement shall be furnished to the respective parties at the following addres ses, until receipt of written instructions notifying the other party of a different address: ' CITY: City Manager PO Box 4748 Clearwater, Florida 33518 OWNER: Qo~ ~ I "'d.-Oj ~ s,-l- C-o--"~ ~ F".QC\._ I '0."3 S:I S. 'IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. CITY OF CLEARWATER~ FLORIDA By 1jL~11.~ "~ ci' Manage~ . Attest: ..~ ~Clerk ... CoUntersigned: tMJI~~~A~ iI/(!~ 'c Mayor-Commissioner ',....,. TNE.. SS..ES: ( . ." ...., ~? {: 1 < 1. .'j7It~~ .// 71 ,<7L,..'t'~7/ /Jl calL- ~ 1/ - tJ&J. ...[[!J.ft-- W /oA'fJ 0 City I ~ ,,/ . I } > /a:::::fL CITY STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this 4th day of April , 19 78 'Peiore me personally appearedJeffrey E. Butler,Thomas A Bustin,R G Whitehead and Karleen F. DeBlaker , respectively.J~j.ty Manager, City Attorney, City . Clerk an .a r...Commissioner of the City ~arwater, a municipal corporation existing un er 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 se~'erally 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. My Commis sion Expires: Notary ftub!ic, State of Florida at large My Commission Expires Sept. 29, 1981 ooncecJ Uy Amenca,n roue & Casualty Compaoy WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, tae day and year last above written. lE-d:~- C~ ~~b1:r~.' .;,,-"" f'."' ....; ~ :; , ;;. - J ~ i po ... ,-, .. ,. ..: -2- .....'.. I I ro: 1.4678 PAGE1117 '. . S'!A TE OF FLORIDA ) COUNTY OF PINELLAS ) Nancy S. Ging.ras, Beth A. Carroll, Robert Before me pers.onally appeared ~... ~. ar. rol.l, ...i.1].dividuallyand a~ a.t. .t.or. n. ey f.or. 1C arp Hi G1niras to me well known and known to me to be the indiv:i4ua1s described in and who executed the foregoing agreement and acknowledged before me that they executed the same for the purposes therein expressed. I') "-/ day of/lk~-1~-L 19 7 rl'rN.ESs my hand and official seal this / 7 g~~~J~ My Conunis sion EXpires: - -~ ;"~fary J'l!1)W. S!2~r. [.1 F'lo:id3 ~f larrl! .My..CC:--..l;.;I,;".......d :""V'.~-) 1',11.1 ~_, .:;;6 I I iO:'.46'18PAGf1118 POWER OF ATTORNEY -.-- KNOW ALL MEN by tI-:eSe presen ts tha t RICHARD R4 GINGR1'>.S has made, consti tuted and 2ppointed and b~'" these presents does make, constitute and appoint ROBERT J. CARROLL as his true and lawful i:lttorney for him and in his name, plade and stead concerning~ all real estate matters including, but not limited to, the sale of r'eal estate, the purchase of real estate, and the constru~~ion of ~ouses. giving and granting unto ROBERT J. CARROLL as sai4 .... attorney full power and authority to do and perform- .a~l .. and every act and thing wh.:it::;covcr requisite andnecess_ary to be done in and about the premises as fully, to all ~ intents and purposes, as T might or could do ifpers.onally present, with full power.of constitutiOA.-and revocation . .... . hereby ratifying and confirming all that ROBERT J. C.;RROr.~ said attorr;ey, ot:' his consti t'ute shall la~lfully do or reuse to be done by virtue hereof. ..e. ., C) IN WITNESS WHEREOF RICHARD R:' .GINQRAS has set his hand and seal this 13 day.of December, 191'~ .. ' ~.~ . . . (...~ Richard R. Gingras : " .. '" .- ~ ... .Subscribed. anu ~n. to ... ~ /~ . before me this '.-.:::J day of !~ r2./liZ/~e..~ 1977. . . ~ .. .. . .. Ii '~ l'1, Z:--~., .V1 //./!a/2,t...~../.'/I{..,~;~ ibA. ../:/ . Notaryi/ublic I / , ' v f . I I I rnJ~46?8 PACE1119 , Mal!'ch 29, 1978 MEMO TO FILE FROM: Anthony L. Shoemaker, City Manager J~f. 1Jl." A ,~~ ~ t~l(u,W(l1..- Copies to: Mr. & Mrs. Richard R. Gingras, 1929 Drew Stree~ 7 Mr. Ed. Blanton, Building Director Mr. Keith Crawford, Traffic Engineer ./ Mr. Robert G. Whitehead, City Clerk""- SUBJECT: Memo Order - Waiver of Sidewalk Installation Mr. & Mrs. Richard R. Gingras, Lot 7, Oakmont Subdivision, 2245 Sharkey Road In response to a request from Mr. & Mrs. Richard R. Gingras for a waiver of City requirement for installation of a sidewalk at the subject -described 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 st reet is not paved; 2. A sidewalk in this location at this time would not form a part of a route leading to a school; 3. The absence of such sidewalk would not present a pedestrian hazard. In my judgment, the above findings meet the conditions prescribed in Ordin- ance 1624, Section 1, Paragraph (4) (a), and therefore a waiver of installation of a sidewalk at this time is granted. EXHIBIT A. J