SIDEWALK WAIVER GRANTED (258)
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C I T Y
OF
CLEARWATER
POST' OFFICE BOX 4748
CLEARWATER. FLORIDA 33518
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CITY MANAGER
March 31, 1983
Mr. G. Bonnel DeLongchamp
P. O. Box 10281
Clearwater, Florida 33517
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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Re: Lot 65, Unit 3, ISLAND ESTATES OF CLEARWATER
412 Midway Island
Dear Mr. DeLongchamp:
In accordance with Section 133.09 of the Code of Ordinances of the City
of Clearwater, I have reviewed your request for a temporary sidewalk
installation waiver.'
Since there are no sidewalks within 200 feet of your property, you
meet the ~equirements as set forth in the aforementioned Cod~ section.
Therefere, I am pleased to inform you that a temporary waiver of the
sidewalk installation requirement is granted on the above-referenced
property. Should it be determined that a sidewalk is required at your
location in the future, it will be installed by the assessment process.
RECEIVED
APR 7
cc:
Elizabeth S. Haeseker, Assistant City Manager
Roy J. Ayres, Building Director
Keith Crawford, Traffic EngineeJing Director
Lucille Williams, City Clerk ~
1983
CITY CLERK
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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A G R E E MEN T
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;cI.~ ~ 'r ~ 5-Bo-3.5
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~HIS AGREEMENT, made and entered into this .. day of
A. D.l ig ,by and between the CITY OF CLEARWATE~l;lLOHIDA, a rnunicipar-
corporatlon, !)ereinafter referred to as "City"; an(l Q"'1f8I!."..~e-~ J<- Lc""""'4-11'
, hereinafter referred to as wner";
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WITNESSETH:
WHEREAS, the Owner owns the following descri~ed real property
situated in the City of Clearwater, Pinellas Count~, Florida, to wit:
LIO"f {, 5 UN i,... '3 :r s.t.~ CS~"fT.s 0 F C-l..E" A--!~W' A-1lr-n
~L~T' 'aoo K. 4' ?1'tCta- '1.. + ,~
(411. M i 1> \AI A- 'I rSL.A-N...!) )
and
WHEREAS, Sec. 133.09 of the Code of Ordinances of the City requires
that all land that abuts a public right-of-way, which is to have new con-
struction on it, either for residential, commercial, industrial or other
purposes, shall have sidewalks constructed by the Owner on, across or ad-
jacent thereto; and
WHEREAS, the affected property owner has appealed requesting a
temporary waiver of the sidewalk installation requtrement; and
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WHEREAS, the City Manager pursuant to Sec. 113.09 (e) (l) has found
the following conditions exist, as set out in llis }indings attached hereto
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as Exh~blt A, such as warrant the granting of a te~porary waiver; and
WHEREAS, the owner of the property described herein understands that
the waiver granted herein Is only temporary in character and tllat this
agreement must provide a reasonable period of time Ifor the waiver to 'be
effective; I
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NOW, 'J'HEREPORE, in con:,ideratlon of the fore~oing premises and othf'P
good and valuable consideration between the parties, receipt of which is
hereby acknowledged, the parties hl:l'eto covenant and agree as follows:
1. The City in light of the facts found as ~et forth in Exhibit A
attached ~ereto and made a part llcreln as if fully rewritten, grants to
the Owner a temporary waiver of tIle sidewalk insta1latlon requirement im-
posed by Sec. 133.09 of the Code of Ordinances of the City of Clearwater.
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2. The temporary waiver gr'anted shall cornmeIlce on
and run until the condition or reason for granting the waIver as set out--fn--
Exhibit A is removed or otherwise changed. I
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3. The Owner understands and agrees that th~ waiver granted herein
is temporary 1n character and that it does not exc~se the Owner or successors
in interest from the sidewalk requirements imposed by Sec. 133.09 of 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 granting the waiver be corrected during
the period of this waiver, then the Owner will inunedlately comply with the
requirements of Sec. 133.09 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 neal properts
in accordance with City specifications and standards within ninety (90) days
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from the notification by the City, then the City may have the sidewalks in-
stalled and assess and impose a lien against the described property for the
cost of the wOI'k.
5. This agreement is to be regarded as a Covenant running with the
land regardless of whether it is specifically mentioned in any deeds or
conveyance subsequently executed, and this agreemen~ shall be binding on all
parties, the heirs, personal representatives, succepsors or assigns.
( I?)
07007CPI
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., 6. All notices pursuant to the agreement shall be furnist~d to
the respective parties at the fOllowWg addresses" until receipt of: written
instructions notifying the other party of a different address I
CITY: OWNER: 0-, ~otlllfJe I- )E'fofl./G-clt/#/11/
City Manager '"'I?O,-;;:)oX /d2-!?/
P. o. Box 4748 ,.-. D,
Clearwater, Florida 33518 CLt'?I--~wl9nz7'?, f-I, ~ 3 ~/7
IN WITNESS WHEREOF1 the parties hereto have caused these present
to be executed the day and year last above written.
By
Countersigned:
Mayor-Commissioner
Approved as to form & correctness:
Attest:
City Clerk
City Attorney
WITNESSES:
CITY
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(SEAL)
As to City
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As to Owner
(SEAL)
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this
before me personally appeared
day of
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and
, respectively City
Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of
Clearwaterl a municipal corporation e~isting 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 execu-
tion 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 affi~ed 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, the day and year last above written.
My Commission Expires:
Notary Public
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STATE OF FLORIDA 1
COUNTY OF PINELLASl
Be fore me personally appeared . C. BON /l/eL 2>E~)(.I~C #Rn;,.,p; '_
to me well known and known to me to be the individuals described in and
who exec'uted the foregoing agreement and acknowled~ed before me that
they executed the same for the purposes therein expressed,
WITNESS my hand and official seal
19-'3_.
this,,3Or~day of' MAi;:'~4f __
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ot:ary Publ ~c -
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My Commission Expires:
NOTARY PUBLIC, STATE CF flORIDA
MY COMMISSION EXPIRES JAN, 16, 19S6
______BOHDED J1!.8lJIIillAL INS. UUJERWRIHRS
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