SIDEWALK AGREEMENT AND WAIVER (2)
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~4. AG~EEMj1:NT . OR480'i'mEH75
THIS AGREEMENT: =ade ~'2>>~l~. ~daY of /vi IN
A.D. 19--=:J.L. by and between the CITY OF CLEARjATER. FLOIUDA, a municipal
oO'i4ration, bereinafter referre~ to as :'City"; and _ \( h(J.,.r.1 "SQ ~
R.. a..Jo LV ~ ' hereinafter referred to as "Owner"; .
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· W l".tl'iESSETH: . O.R. ~ 870 PAGE 1236
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WHEREAS, the Owner owns the follOwing described real property situated in
the City of Clearwater, Pinellas CO'Cl1ty, Florida, to wit: . Lots 7-12, Block 1, of
Lake Belleview Addition as recorded in Plat Book 9, Page 141 of the Public
Records of Pinellas County, Florida, less and except part of said lots conveyed
to Pinellas County by Fee Simple Deed f~led February 22, 1962, Record 1367,
Page 277, Public Records of Pinellas County, F1orida., -
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W~REAS, Section 7-6 of the Code of OrrH-n~T1ces of the City requires that all
la..nd that abuts a public right-of-way, which is to have new construction on it, either
for residential, com:m.ercia.1, industrial or other purposE}s, shall have sidewalks
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-..ralk installation requirement; and
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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 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 a.s 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
:Orciinance s of the City of Clearwater.
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c:: 2. The temporary ,,~:r 'granted .hall commence on /v{ CU--( I X, I q 11
Sd %'1:n until the condition or reason for granting the waiver as set out in Exhibit A
if removed or otherwise changed.
3. "l"he Owner understands and agrees that the waiver granted herein is
mporary'in character and that it does not excuse the Owner or successors in
interest frOIn the sidewalk requirements imposed by Section 7 -6 of the Code of
OrtHn:ances 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 warra:::1t granting the waiver be corrected during the perioci of this waiver. then
'.., the Owner will immediately comply with the requirements of Section 7 -6 as it
."" relates to sidewalk installation.
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~ ' 4. If the Owner or his heirs, personal representatives. successors or
~ ~ a.ssigns sha.ll fail to have sidewalks installed for the described real property in
~:j.. Ie'\:' accordance with City specifications and standards within niDety (90) days from the
~ ~~ notification by the City, tilen the City may have the sidewalks installed and a.ssess
~ ~~ and i.I:npo8e a lien against the described real property for the cost of the work.
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5. This agreement is to be regarded as a covenant rnn-n;-ng with the land
rega.rdless of whether it is specUically mentioned in any deeds or conveyance sub-
sequently executed, and this agreement shall be binding on all ptlrties. the heirs.
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personal representatives, successors or assigns. . .{~[LU: ~:-:J..f:-."dl'"
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P~GE 1 4
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: . O.R. .~ 870 P~GE 1237
CITY:
City Manager
PO Box 4748
Clearwater" Florida 33518
OWNER:
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'IN WITNESS WHEREOF" the parties hereto havec.a.usecith~se presents
to be exeCuted the cia y and year last above written.
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CoUntersigned:
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V, ce- Ma yor-Co~s sioner
WITNESSES:
(SEA L)
l&JJ',',o..:DW D'l''^ &
(SEAL)
OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Mv Commission ExPires:
fbtary Public, State of Florida at large
'My Cllmmission Expires Aug. 28, 1982
Bonded D'1 American fire & Casually CompanY
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I HEREB Y CERTIFY. that on this
b~e me personally appeared .
aDQ,(~)f-~;ykMa:....~. respe vely City Manager, City Attorney. Cit")
Clerk ~ayor_Com.mis8ioner of the City of Clearwater. a municipal corporat
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 severa.!
acknowledged the execution thereof to be their free act and deed as such officers
thereunto duly authorized; and that tbe official seal of said m~c:i.~c::()rPorati01
duly affixed thereto, aDd the said Agreement is the act aDd deed'~fs~idcor,porat
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WITNESS my signature and official seal at Clearwater .~~i{~~:C~'10{
Pinellas and State of Florida, Cle day aDd year last above w~ef;z.~ 0/) .....\ ".
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
O.R. q 870 PAGE 1238
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Before me perscma.lly appeared lh~ liAt, j f S--a"j w.1JJ; df,-uKJ.
to me well known ~d known to' m.e to be the individuals descr ed in and who
executed the foregoing agreement and acknowledged before me that they executed
the same for the purposes therein expressed.
WITNESS ~y hand and official seal this
19 '7 9 ·
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day of
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:C~.Myc:oIDIDission EXpires:
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D.R. Q 870 PAGE 1239
June 4, 1979
:::~: T:n~:: L. Shoemaker, City Managlt~
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Copi es to: Mr. Richard Meadows, 925 Lakevi ew Road
Mr. Roy Ayres, Building Direct or
Mr. Kei th Crawford, Traffic Direct or
Mrs. Luci lle Williams, City Clerk
SUBJECT:
MEMO ORDER - Wai ver of Sidewal k Inst allat ion -
Mr. Richard Meadows, Lot s 7 - 12, Block l, Lake
Bellevi ew Addi tion, Plat Book 9, Page l41
In response to a request from Mr. Richard Meadows for a wai ver of require-
ment for inst allat ion of si dewa1 k at the subj ect propert y in conjunct ion
with new const ruct ion, as requi red by City Ordi nance, I have examined
thi s property and the following are my findings:
1. The property has double frontage on Lakevi ew Road and Dempsey
Street. The waiver request ed is for Dempsey Street.
2. There are no si dewal ks withi n 200 feet of the Dempsey Street
property.
3. A si dewal k on thi s p rope rt y at thi s time woul d not fo rm a pa rt
of a rout e 1eadi ng to a school.
4. The absence of such a sidewalk would not present a pedest rian
hazard.
In my judgement, the above findings meet the conditions prescribed ln
Ordi nance l624, Sect ion 1, Pa ragraph (4)(a) and therefore" a waiver
of installation of a sidewalk. at thi s time, i."g"'ted.
Exhibit "A"