SIDEWALK AGREEMENT AND WAIVER
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AGREEMENT
T,1fiS AGREEMENT, made and entered into this 26th day of October
A.D. 19_77 ,by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter =eferred to as lICity"; and Sun Terrace Casual Furniture -
Div. of Gay Products. Inc. , hereinafter 'referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situa.ted in
thd:City of Clearwater, Pinellas County, Florida, to wit: .
~ -11 ~ Lots 3,.4 and 5 of Sout? Park Subdivision according to Plat Book 060, Page 065
~;;:~ ,i!:: ~ of PublIc Records of Plnellas County, Florida, also known as 520 Howard Court.
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-.1'" ~ W;HEREAS, 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
forresidentia.l, cormnercial, industria.l or other purposes, shall have sidewalks
constructed by the Owner on, across or adjacent thereto; and
WHEREAS, the affected property owner has appealed requesting a temporary
wai ver of the side.walkinstallation 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;
NO.N, THEREFORE, in consideration of the foregoing prexrJ.ses and other
good and valuable consideration between the parties, receipt of which is hereby
acknowledged, the parties hereto covenant and agree as follows:
I. 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.
z. The temporary waiver granted shall commence on October 26, 1977
and run until the condition or reason for granting the waiver as set out in Exhibit A
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 successors in
interest froIn the sidewalk requirements imposed by Section 7-6 of the Code of
Ordinances of Clearwater. The Owner further agrees that should the condition
sat out in Exlribit A?1hic:hpresently dxists on the property and wl't..ich wassuificient
to warrant granting the waiver be corrected during the period of this w-cdver, then
the Owner will immediately comply with the requirements of Section 7 - 6 as it
relates to sidewalk installation.
4. If the Owner or his heirs, personal representatives, successors or
assigns shall fail to ha,,-e 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 ha.ve the sidewalks installed and assess
and impose a lien against the described !"ea.1 property for the cost of the work.
s. This agreement is to be regarded as a covenant running with the land
rega.rdless of whether it is specifically mentioned in any deeds or conveyance sub-
seque:a.tly executed,a.nd this agreement shall be binding on all parties, the heirs,
personal representatbres, successors or assigns.
RETURN TO:
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6. All notices pursuant to this agreement shall be furnished to the
respective parties at the following addresses, until receipt of written iI:l.structions
notifying the other party of a different address:
CITY:
City Manager
PO Box 4748
Clearwater, Florida 33518
OWNER:
Sun Terrace Casual Furniture
Div. of Gay Products, Inc.
P. O. Box 2377
Clearwater, Florida 33517
'IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year last above written.
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By
CoUntersigned:
rectness:
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City Clerk
CITY
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Sun T rrace Casuif Fu
Divi on of Ga~ PI\>duc
OWN....R ~;l. r..;~j>
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Roy A. Workman, ..JU~. 'S'! 'I ',.
Chairman of the Board"I: '71..
(SEAL)
(SEAL)
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 8th day of December ,19 77
l;,efore me personally appeared An+nnny T.. . SnoP-TIlt"lkp-T'r ThoffiqS A. .. ~ustin. R. G.
Whitehead and Gabriel Cazares , respectively City Manager, City Attorney,City
Clerk and Mayor-Commissioner 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 a.nd severally
acknowledged the execution thereof to be their free act and deed as such officers
thereunto duly-authorized; and that the officiaLseaL..ofsaid municipalcorporatian 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 County of
Pinellas and State of Florida, tl1.e day and year last above written.. .Hi"" , .
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My Commission Expires:
Notary P'ubJic, State of Fforida at large
My Commission Expires Sept. 29, 1981
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R.ETURN 'ro>'~""
CITY CLERI{ '~".
CLEARP, O. BOX 47~.8
W A 1'ER, FLA. J3.51S
This instrum.:,nt '~las prepared by:
TUpMAS A. BUSTIN, City Attorney
Clty of Clearwater, P. O. Box 4748
.Qlearwater, Florida 33518
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[["I. 4632 fAGE 245
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~TATE OF FLORIDA
COUNTY OF PINELLAS:
BEFORE ME, the undersigned authority, this day p}~rsonal1y
appeared :;P1P/V',;9-~ c: /If C'y~J and C//,#//~ r:-I/J:>WB-LL-
to me well known and known. to me to be the individuals described in and
who executed the foregoing instrument as President an<~t;~ry respectively,
of the Corporation named in the foregoing instrument, and they severally
acknowledged to and before me that they executed said instrument on behalf
of and in the name of said corporation as such officers; that the seal affixed
to said instrument is the corporate seal of said corporation and that it was
affixed thereto by due and regular corporate authority; that they are duly
authori.zed by sai.d corporation to execute said instrument and that said
instrument is the free act and deed of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal this c1 t tz:f day of @(!''1P.t!!J~ , A. D., 19 77
My Commission Expires:
Notary Public, State of Florida at large
My Commission Expires June 18 1980
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(["1.4632 rAGE 246
. NcJvember 1, 1977
MEMO TO FILE:
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FROM: Anthony L. Shoemaker, City Managt J
Copies to: Mr. Roy A. Workman, Jr., P. O. Box 2377, Clearwater 33517
Mr. Ed. Blanton, Building Director
Mr. Robert G. Whitehead, City Clerk
SUBJECT:
MEMO ORDER - WAIVER OF SIDEWALK INSTALLATION:
Roy A. WorkInan, Jr., Lots 3, 4,5 of South Park Subdivision,
Clearwater, as recorded in Plat Book 060, page 065 of
Public Records of Pinellas County.
In response to a request from Mr. Workman for a waiver of City require-
ment for installation of a sidewalk at the above-described property in con-
junction 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;
2. A sidewalk on this property would not for m a part of a route leading to
a school;
3. The absence of such sidewalk would nctpresent a pedestrian hazard,
since this property is at the end of a cui de sac; and
4. There is a severe physical impediment to construction of a sidewalk
in this area.
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.
EXHIBIT A.
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C IT Y 0 F C LEA R W ATE R
Interdepartment Correspondence Sheet
TO:
Mr. Anthony L. Shoemaker, City Manager, Through The City Attorney
M. J. Paroby, Asst. City Mgr. /I P
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FROM:
COPIES:
DATE:
November 1, 1977
Request for Waiver of Sidewalk Installation - Roy A. Workman, Jr.
Fort Harrison & Howard Court
SUBJECT:
Recommendation
Sign the attached Waiver of Installation of Sidewalk.
See attached Memo to File.
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TO:
FROM:
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SUBJECT:
DATE:
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ciTY OF CLEARWATER
Interdep.rtment Correspondence Sheet
Mr. M. J. ParobY', Assist&11t CitY' Manager
Mr. Keith Crawford, Director of Traffic Engineering
Ed BJ.anton
Sidewalk Waiver, Ft. Harrison and Howard Court
October 28, 1977
We have reviewed this location on the site and determined the
following:
1. There is a large drainage ditch along Ft. Harrison which
begins roughlY' 5' from the edge of the pavement and extends
to points 20' - 25' away from the edge of the pavement.
2. There are no other sidewalks in this area.
3. There is not a school route or school bus stop associated
with this location.
The sidewalks on Howard Court could be built due to the suit-
abilitY' of the terrain. However, considering all the other
criteria, these would be eligible for waiver also. The only
propertY' on Howard Court on the north side is the building
which was just constructed.
It is my recommendation that this waiver be granted.
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
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C IT Y 0 F C LEA R W ATE R
Interdepartment Correspondence Sheet
M. J. Paroby - Assistant City Manager
W. E. Tripp - Assistant Building Director
Request For Sidewalk Waiver At 520 Howard Street
October 27, 1977
The requested waiver meets the usual criteria for granting
such waivers.
Additionally, due to drainage ditches, the installation of
a sidewalk along Clearwater-Largo Road would incur a con-
siderable expense.
Accordingly, it is recommended that the requested waiver
b. e grante~d. . .
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