SIDEWALK WAIVER GRANTED (241)
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t -",,'~".. 80090.885 A G R E'E MEN T o..rt.5033 PAGE 168'
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"~HI5 AGREEMEN' . made and entered into tbis ~da.y of ..JII~ 4
A.D. 19 <:jl) , b and between the CITY OF CLEARWATER, FLORIDA, a municipal
oration, her after referred to as IlCityll; and /1e>8.t::/f1.. '/ h 1A..J.t:~' ~
. hereinafter 'referred to as "Owner";
WITNESSETH:
WHERE~, the Owner owns the follciwing described real property situated in
0; C#ft11~ of Clearwater, Pinellas County, Florida, to wit: .
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~REAS, Section 7-6 of the Code of OrrHTl;:\'T'lces 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. com:m.ercial, industrial or other purposes. shall have sidewallcs
constructed by the Owner on. acros s or adjacent .thereto; and
WHEREAS, the affected property owner has appealed requesting a temporary
wai ver of the side-rl'allc installation requirement; and
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::;; WHEREAS, the City Manager pursuant to Section 7 -6 (4) (a) has found the
~llowing conditions exist. as set out in his findings attached hereto as Exhibit A,
0" ~ ~ ~ch as warrant the granting of a temporary waiver; and
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~ d ~ ~ WHEREAS, the owner of the property described herein understands that the
::>;>-i ~ ~iver granted herein is only temporary in character and that this agreement must
ti ~ 0 ~rovide a reasonable period of time for the waiver to be effective;
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~ NOW, THEREFORE, in consideration o'f the foregoing premises and other
~od and valuable consideration between the parties, receipt of which is hereby
acknowledged, the parties herei:o covenant and agree as follows:
;,;' 1. The City in light of the facts fOWld as set forth in Exhibit A attached
;, f.~ ~ hereto and made a part herein as ~ fully rewritten, grants to the Owner a temporary
~:fj ~ ~iver of the sidewalk installation requirement imposed by Section 7 -6 of the Code
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~ 0 ~f Orciinances of the City of Clearwater.
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r-, . .:;:! 2. The temporary waiver granted shall commence on .~- J - /'9y()
to'] 1>;..... P-1 ~
::l2=1 .-,.Sand rt:n until the condition or reason for granti:ng the waiver as set out in Exhibit A
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+-, ~..J" ~ .is removed or otherwise changed.
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~ <,~,~ f. 3. 'I'he Owner understands and agrees that the waiver granted herein is
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~ ~ '-H ~temporary in character and that it does not eXCuse the Owner or successors in
:;~; ~ Ui.:cterest from the sidowalJc requirements imposed by Section 7-6 of the Codo of
.:S ~ c3 Orr1;T"\::lT'lCe8 of Clearwater. The Owner.further agrees that should the condition
~ set out in Exhibit A w-bich presently erlsts en the property and -which 'WaS sufficient
to w-arra:::l.t granting the "WAiver be cor:r:ected during the perioci of this waiver, then
the Owner -will inrmediately comply with the requirements 01 Section 7 -6 as it
relate !'II to 3idew-alk instal.lation..
4. li the OV7Der or his heirs, per:5onal represent:atives, succes!?ors or
Olssign5 lIh.all fail to h..ave side~ks insUlled for the described real property in
<l.ccord<L--:lce w-ith City speclficOlt:ons and standards -within ninety (90) day!'ll from tbe
notification by the City, tilen the City may have ~e 15idew-a.lk5 instilled a..nd ..~sesS
and impose a lienaga.inat the d~scribed real property for the cost of the 'Work.
5. '!'hi~ agrt"~ment is to be regarded :l.~ a covenant T"lmT\;'!"\g with the land
rcg;l.rdle~" of whether it is s?~cUical1y mentioned in any deed!! or conveyance sub-
15cquently executed, aDd this agreement 5h~11 be binCing on ill parti~;~,,_0.e beirs,
per!;.onal.repre8entd.tives 6UCCeB150r3 or assign:!: ~lr,I::\..L;;c',.\;..i'~,L,~
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Q,R. 5 0 3 3 PlGE 1685 .
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_ 6. All noti~es pursuant to this agreement shall be furnished to the
,
respective parties a.t the following, addres ses, .until receipt of written instructions
notifying the other party of a. different address:' ..
CITY:
City Manager
PO Box 4748
Clearwater I Florida. 33518
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-IN WITNESS WHEREOF, the parties hereto have caused these presents
to be exeCuted the day and year last above written.
By
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correctness:
Attest: " w'
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City Cletk,:,ll, .
WITNESSES:
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'As to City
(SEAL)
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1 to Owner '(j' y.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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(SEAL)
OWNER .
Williams
I HEREBY CERTIFY, that on this 9th day of June, 1980
before me personally appeared Antliony L. Shoemaker. Thomas A. Bustin,Llrilip,
aDd Charles F. LeCher , respectively City Manager , City Attorney, City
Clerk aDd Mayor-Commissioner of the City of Clearwater, a municipal corporatia
existing under the laws of the State of Florida, to me known to be the individuals
aDd officers described in aDd who executed the foregoing Agreement aDd severally
ac..icnowledged 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 i
duly aff:ixed thereto, and the said Agreement is the act and deed of sa.id corporatio
WITNESS my signa.ture and official seal at Clearwater in the Cdunty of
Pinellas and State of Florida, ~e day and year last abov written.
My Commhsion Expires:
Notlry Public. State of FIoridl at Large
My Commission Expires. AUG. 28. 1982
.unaea IS,! Amarican firs & Casualty Company
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n.R. 5 0 3 3 PlGE 1686
STATE OF FLORIDA )
, COlJNTY OF PlNELLAS )
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Before me personally appeared 7ftJ8E1df' ',EV:Lf1 ?tlw.Et!S
to m.e well known ~d known. to' me to be the individuals described in and who
executed the foregoing agreem.ent and acknowledged before m.e that they execut'ed
the same for the purposes therein expressed.
WITNESS my hand and official seal this . 3'Arl cia y of JZ/jl/E
19 80 - .
My Commission EXpires:
NOrMY ,,*,IC STAll OF ROIiDA AT LAIGa
MY COMMI.$SION IXPIIES JUN. 11 1'12 -
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O.R. 50 3 3 PAGE 1687
June 4, 1980
MEMO TO FILE
FROM:
Anthony L. Shoemaker, City Manager
COPIES TO:
Robert and Eula Powers
Max Battle, Director of Public Works
Roy Ayres, Building Director
Lucille Williams, City Clerk
SUBJECT:
MEMO ORDER~-Waiver of Sidewalk Installation
Robert and Eula Powers
Lot 23, Glenwood Estates
314 Edgewood Avenue
In response to a request from Robert and Eu1a Powers for a waiver of
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 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
hazard.
In my judgement, the above findings meet the conditions prescribed in
Ordinance 1624, Section 1, Paragraph (4)(a) and therefore a waiver of
installation of a sidewalk at this time is granted.
"Exhibit A"