SIDEWALK WAIVER GRANTED (339)
~ ~~, ..':. A G R E E MEN T f':l -i' /1. _u ~ \\ \.\-"',5; < L
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~. THIS AGREEMEih-, mad~ and entered into thiS' If day ofAUJd.-A :::, T
A. D. 19 3D , by and between the CITY OF CLEARWATER, FLORIDA, a S:hunicipal
corporation, hereinafter referred to as "City"; and _~ A 7'..1.0 'I CASE'!
.' , hereinafter 'referred to as "Owner". .
b.R, 5 081 PAGE 382
WITNESSETH:
WHEREAS, the Owner owns the following" described reat"PrQP~'~'i,~';Fated in
'.1 :>l-+,jp ,<i;~ty of Clearwater, Pinellas County, Florida, to wit: . '+_~";-""''',,''_'_,J, ~~~'..' ',',"""
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4~ :~c ~.' '"J.~ LOT 3<1 "Dl::L OnO &- nOV~S ESTATES .., '..If(CiJ/r Cf'IJNf'
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::; g ~ ~REAS, Section 7-6 of the Code of Orr1;T1;:!T1ces of the City requires that all
":) ::j :' oola.nd that abuts a public right-of-way, which is to have new constru.ction on it, either
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~~ ;. ~~ ~'3for residential, commercial, industrial or other purposes, shall have sidewalks
f.')' 2; 0 ::;constructed by the Owner on. acros s or adjacent,thereto; and
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~~~) ~ ~wa1 ver
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..:r; ;"; ~. WHEREAS, the City Manager pursuant to Section 7-6 (4) (a) has found the
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~j ~ ;":following conditions exist. as set out in his findings attached hereto as Exhibit A,
.~; ~. 1? '-"' such as warrant the granting of a temporary waiver; and
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WHEREAS, the affected property owner has appealed requesting a temporary
of the side-~aIk installation requirement; 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 premis es 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 ~ fully rewritten, grants to the Owner a temporary
.. to ~waiver of the sidewalk installation requirement imposed by Section?76 of the Code
~ ~ ~ ~of Ordinances of the City of Clearwater. "
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CQ I-r~- 2. The te~porary waiver granted shall commence on q-IS: go
t ~ 0 ~nd n:n until the condition or reason for granting the "Waiver as set out in Exhibit A
~O ~ ~s removed or otherwise changed.
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:3 3. ~he Owner understands and agrees that the waiver granted herein is
~e~porary in character and that it does not eXCuse the Owner or successors in
i:cterest from the s:;dewalk requirements imposed by Section 7 - 6 of the Code of
Orr1inATlCeS of Clearwater. The Owner,further agrees that should the condition
~et out in Exhibit A which pre8ently exists on the property and which was sufficient
to W'arra::lt granting the 'W'aiver be cor:!"ected durmg the perioci of this "Waiver. then
the Ownei -will immediately comply with the requirements of Section 7-6 as it
relate~ to ~idew-a..lk installation..
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4. 11 the OVTner or his heirs, per~ anal repre~ entati ve~. ~ucces sors or
"3.~dgn5 shall fail to have side~lk~ installed for the de~crlbed real property in
~ccorda...nce with City sped.fic~eon8 and sta.ncL-1.rd8 within ni..nety (90) d.2 ys from tbe
notific1tion by the City, then the City may Mve ~e 15idewa.lk~ in~tilled ~d ~~sea5
and impose a lienagaind the d~scribed real pro~rty for the C05t of the 'Work.
5. Tm5 agreement is to be regarded ..5 a. covenAnt I""'''''''';''''g -with the la.nd
r eg;r..rdle:5 so! whether it is 5?eciiically mentioned in any deec." or conveyance 5U b-
:5 equently executed, and this agreement sh?-ll b~ binCing on all parties, the heirs,
personal representatives, successors or a.:5~igns: ct'",' .
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, O.R. 5 0 81 PAGE 383
6. All notices pursuant to this agreement shall be furnished to the
respective parties 'at the following, addxes see, ,until receipt of written instructions'
notifying the other party of a different address:' ..
CITY:
City Manager
PO Box 4748
Clearwater, Florida 33518
OWNER: 'K.-Ar--JO'/ 0=>se i '
330 RI;e.khrOO' Ik)~ .#/~/
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-IN WITNESS WHEREOF, the parties hereto have caused these presents
to be exeCuted the day and year last above written.
cr!i~e~ H'
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Mayor - C Om.nllS sioner
By
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Attest:
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City.clerk
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CITY
(SEA L)
(SE..A.L)
OWNER
WITNESS my signature and official seal at Clearwater in the County of
Pinellas a.nd State of Florida, Cle day and year last above writt
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My Commission Expires:
Notary Public, State of Florida at large
My (nmmission Expires Aug. 28, 1982
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n.R. 5 0 81 PAGE 3 8 ~
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared
to me well known ~d lmown to' me to be the individ described'
oxecuted the foregoiJJ.g agreement and acknowledged before
the same for the purposes therein expressed.
and who
they executed
/ltLaaYOf dAr
19 i 0 Wl~S my hand and official seal this
~
" '_MygQ~~'~on Expires:
. " N.q~~~ PllbliC,Stctc orflorida at' Large
-.- ':~V ((lmmissiOfl~~fue1 Jan. t'1984
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O.R. 5 0 81 PAGE 3 8 5
September 9, 1980
MEMO TO FILE
FROM:
A. L. Shoemaker,
COPIES TO: Randy
33515
SUBJECT:
MEMO ORDER- Waiver of Sidewalk Installation
Randy Casey
Lot 39, Del Oro Groves Estates
3177 San Bernadino St~eet
In response to a request from Randy Casey for a waiver of requirement for
installation of a sidewalk at the subject property in conjunction with new
construction as required by City Ordinance, l have examined this property
and the following are my findings:
1) There are no sidewalks within 200 feet of the property,
and this is the last lot to be developed in this area;
2) A sidewalk on this property, at this time, would not form a
part of a route leading to a school; and
3) The absence of such a sidewalk would not present a pedestrian
h,azard.
In my judgement, the above findingsmeet the conditions prescribed in
Ordinance 1624, Section 1, paragraph (4)(a) and therefore a waiver of
installation of a sidewalk at this time:ii.\:~~ted.,
"Exhibit A"
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