Loading...
SIDEWALK AGREEMENT AND WAIVER (6) I 78032003 A GOR E E MEN T I fA I D $' I ~ -~ D 1-3/.?~ '~,':4664 rAGE1361 THIS AGREEMENT, made and entered into this 31 day of January A. D. 19 78 , by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporatllon, l].ereina.iter referred to as "City"; and -T. c: Ri"n~ham and Virginia N. Bi n2:ha:m (hi sWife) , hereinafter 'referred to as "Owner"; ~, WITNESSETH: WHEREAS, the Owner owns the following' described real prQM:fP.t~~ted in the City of Clearwater, Pinellas County, Florida, to wit: . .".L~"rr~,~~~: South 60 feet of lots 9 and 10 CLERK CIRCUIT 'OURl Block 3, Bayview City Subdivision Wall 3 227 Meadow Lark Lane f~ 3 55 PH~ and" vV~REAS, Section 7 -6 of the Code of Ordinances of the City requires that all land that a.buts a public right-oi-wa.y, which is to have new construction on it, either for residential, conunercial, industrial or other purposes, shall have sidewalks constructed by the Owner on, across or adjacent thereto; and WFIEREAS, the affected property owner has appealed requesting a temporary waiver of theside~..ralk 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 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 considera.tion of the foregoing premises and other good a.ncivaluable consideration between the parties, receipt of which is hereby acknowledged, the parties hereto covenant and agree a.s follo"iVs: 1. 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 Owne'r a temporary waiver of the sidewalk installation requirement imposed by Section 7 -6 of the Code of Ordinances of the City of Clearwater. 20- The temporarywai ver granted shall commence on and :run until the condition or reason for granting the waiver 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 from the sidewalk requirements imposed by Section 7'-6 01 the Code of Ordinances 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 warrant granti."lg the waiver be corrected during the period of this waiver, then the Owner ~R'ill imm.ediatelycomply 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 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 agreement is to be regarded as aco'V.enant rl1;nn;ng with the land regardles s 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 re.t)resenta9:Yte,~, ~ucs~~,ser.s or assigns. RETURN TO, TillS 1IlstrUID.,11 0,.21"8 Vrep.e'LLO eJY. . THOMAS A. BUSTIN, City Attol'Iley CITY CLERK City of Clearwater, P. O. Box 4748 ' P. O. E,;[)]( 4'748 Clearwater, Florida 33618 CLEARY\! ATI~R, FLA, ;P u Ot- 0 3G-{;IJ( 3) -1- I I ~. 0,1.4664 tAGf1362 6. All notices pursuant to this agreement shall be furnished to the respectilY'e parties at the following addresses, until receipt of written instructions notifying the other party of a different address: '. CITY: City Manager PO Box 4748 Clearwater, Florida 33518 OWNER: Mr. & Mrs. T. G. Bingham 1523 Georgia Avenue Palm Harbor, Fla. 'IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. By CoUntersigned: --:Z .-::..--; . Ma yor - C ommis sione correctness: 7:ES: . ,. . fi~~ CITY . iL - ____~1f ~/ J? As to' City qi ,9 -'If/~ () 7 uieJi '-111. (i~f ZcJ~ IJ7 .I3A-d~ (SEAL) Rf4~ (SEAL) , ~k?P 'O~.flA" 0 - :DJl"f As t. .wner OWNER STATE OF FLORIDA ) COUNTY OF prnELLAS ) I HEREBY CERTIFY, that on this ~. day of 'h~.. , 197t? . , before me personally appeared ~. L .~..h~ ~.J_J It. ~ R. J1.u~ and ~ r~ ' respectively City Manager, City Atto~ey, 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 and severally 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 del9dof said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, tlle day and year last above written. ~., ./ -4-1.6 ~...."..-:::-~ ~~'l"", Notary publi.9 ...... ~..............~.t""",~,.. ( ." ,.. ,..'. ::> I... ". "J> ". w c'" 'i~~"' , '& '" .."" ~.. . i,.,.;~r''''o /)'~4.~) : I' t : / ':"',1, cY : ~- : . \'" \ -fe-p. 0):1 :;(/) :..... . r(. . I .., . .. '':.<.~ ':".,." . ....~' ,,' / \", '. ' ,'<II ...,J '-;.. ~'. ~ ~,\"..~ ./' ~ ....~.1"1 - 2 - --. My Cor.nmission Expires: .tur.d'..'.JoJ -<lIcn!!'!) 1? OJ!:f UU;)!lowV ,4\g p9pllOg I en '67. 'll!3$ saJ~tl;(3 UO!$S~UJU:O) AW 3;1J91 ", rDi.!'"-;~ :,j ;-i~'t "i~~(in~ 1.~"l4'\U I I ,-:" , O. t 4664 "AGFt363 STATE OF FLORIDA ) COUNTY OF PINELLAS ) . Before me personally appeared -r: G.~ BIN G tiM, 'he GJ/V/~ IJ. BIII)G rhJA, to me well known and known to me to be the individuals described in and who executed the foregoing agreement and acknowledged before me that they executed the sa.m.e for the purposes therein expressed. WITNESS my baud and official seal this 19 78 . 3 / day of ~~ U My Cormnis sion EXpires: Notary Pll~!;C: 5~<:!El 01 Flo,ida ilt large My Comiil.mon Ixpires' NilV. 17, 1980 Bond.A R.v A......,...1 f"i B..' S........l,~ ~omp.ny. .0 . .'AZ'- .. ~~-~h,:,.;t'~"'I:"_\ Notary Public (....... ........,".~.'..~.....;:...'.......,.. '..' /;'.~'q/)...::.t~.\ \ . :..... :.....;.'.\.t::. 6>;oJ ': 0 : , . ' ... _ ''''<of.,,''' .,-,.' / \,..,." ~ :-:: ~7'>,,~t';\;' ('0- ~:; t i :. \,'l', 0' b- -".: ..... ; . ',\ ../. 0 r J ." ""' .~. " ".,' " ~~ ........ II ..... ~,' \ , -' - ,; ,: . . \,# . ~..'~ .,' '!lIt/" ;;.\',\ ,\' I I '-:-' .' : 0.1. 4664 rAGE1364 February 24~ 1978 (tJil~ Shoemaker, City ManagerL~iJ Copies to: Mr. & Mrs. T. G. Bingham, 227 Meadow Lark Lane Mr. Ed. Blanton, Building Director Mr. Keith Crawford, Traffic: Engineer Mr. Robert G. Whitehead, City Clerk Mi;MO TO FILE FROM: Anthony L. SUBJECT: MEMO ORDER - WAIVER OF SIDEWALK INSTALLATION Mr. & Mrs. T. G. Bingham, 1523 Georgia Ave. ~ Palm Harbor, Florida In response to a request from Mr. & Mrs. T. G. Bingham for a waiver of City requirement for installation of a sidewalk at the above-desc ribed 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 street is not paved; 2. A sidewalk in this property 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 Ordinance 1624, Section 1, paragraph (4) (ai, and therefore a waiver on installation of a sidewalk at this time is granted. EXHIBIT A. 'i' 01 Cash 1~ 40 Rec~~. ~ A 41 St 42 Sur 43 lfit 1llliiIlIum""'""",ft ~ Tot .l~.l (}j) ~ ~ TO: FROM: COPIES: SUBJECT: DATE: , I CITY OF CLEARWATER Interdepertment Correspondence Sheet 'J Mr. Mike Paroby, Asst. City Manager Keith Crawford, Director of Traffic Engineering Ed Blanton Sidewalk Waiver 227 Meadow Lark Lane February 9, 1978 I have reviewed this location in the field and found that it meets the criteria which justifies gran~ing of the waiver. There are no sidewalks in the neighborhood, it is not part of a school route, and is in an area where pedestrian traffic would be negligible due to the fact that the street is not paved. Therefore, I recommend that the waiver be granted. QtP TO: FROM: COPIES: SUBJECT: DATE: I Mr. Anthony L. Shoemaker, City Manager M. J. Pa:-oby, Asst. City Mgr.0 -7')J ciTY OF CLEARWATER Interdep.rtment Correspondence Sheet Request for Waiver of Sidewalk Installation - T. G. Bingham & Virginia Bingham 227 Meadow Lark Lane February 24, 1978 Recommendation Sign the attached Waiver of Installation of Sidewalk. Backg round See Attached Memo to File.