SIDEWALK WAIVER GRANTED (7)
AGREEMENT
TIllS AGREEME!. mad~ and entered into thiS' 15th day of September
A. D. 19 80 , by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "Cityll; and GEORGE ..C. HADDOX AND
MARY NELLE HANCOCK hereinafter .referred to as "Ownerll;
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WITNESSETH:
8-0175.835
0.R.5 101 PAG& 11,94
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WHEREAS, the Owner owns the following described real property situated in
the City of Clearwater, Pinellas County, Florida, to wit: .
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~G 0 c~ ~REAS, Section 7-6 of the Code of Orr1in;mces of the City requires that all
0...."" ~J.ind that abuts a public right-of-way, which is to have new construction on it, either
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; (.: ~l~r residential. commercial. industrial or other purposes, shall have sidewalks
~ :s ~c,onstructed by the Owner on. acros s or adjacent -thereto; and
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E-< p:: U WHEREAS, the City Manager pursuant to Section 7 - (4) (a) has found the
E-< following conditions exist, as set out in his findings attached hereto as Brlribit A,
such as warrant the granting of a temporary waiver; and
Oak Acres Addition
Lot 4,- Block "D".
Clearwater.
Rep1at, Lots 2 and 3, Being a Rep1at of
1719 and 1727 Brentwood Drive, City of
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WHEREAS, the affected property owner has appealed requesting a temporary
of the side-d'a.ilc mstallation requirement; and
WEEREAS, 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 f01.IDd as set forth in Exhibit A attached
hereto and m.ade a part herein as ~ fully rewritten. grants to the Owner a temporary
waiver of the sidewalk installation requirement imposed by Section 7 -6 of the Code
of OrUinances of the City of Clearwater.
_ 2.. The ten:.porary waiver granted $hall commence on G.~ 1. I~ to
and :rcn until the condition or rea.son for granting the waiver as set out l.D. Exhibit A
~ removed or otherwise changed.
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e>" 3. ':'he Owner understands and agrees that the waiver granted herein is
o ~ ~~n:.porary in character and that it does not eXCuse the Owner or successors in
l- ~ ~~terest from the sidewalk requirements iInposed by Section 7 -6 of the Code of
~ 0 ~qrr1in:<T1ceg of Clearwater. The Owner.further agrees that should the condition
~ ~ ~ ret out in E.xhibit A which presently e::dsts on the property and which was sufficient
~ G ~~ 'Warra:::lt granting the 'WCl.iver be corrected during the period of this waiver, then
c..~e ~er w-i.ll i.rrunediately comply 'With the requirements 01 Section 7-6 as it
~.1ate:!! to ~ide-walk insta.ll2.tion..
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4. 11 the O'Q'TIler or his hei:-s, per:!! on.a.l r epr e:5 en'ta ti ve 5, Bucces B ors or
:a.:ssigns ahal.1 fail to have side=-a.1ks installed for the de:5crlbed real property b
accord;u:!ce with City I!Ipecific~eons 3..:ld sb.ncUrds 'Within :cl=lety (90) dAys from tbe
notific~tion by the City, iDen the City may have Cle sidewaJJ<s instilled:LIld :a.:5fleflS
and impose a lienaga..inst the de,scribed real pro~rty for the cost of the work.
5. 'Ibis agreement is to be regarded :a.!! a. covenant ~mTling 'With the land
regardle:5l!1 'of whether it is s?ecUically mentioned in any deed3 or conveyaDce ~ub-
sequentlyexecuted. and this a.greement sh?-ll be binding on all ~~i!=s, the heirs,
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persona repreaentatives, succeS80r:s or a.:5l51.gD.:S. P1Mf:LI.ASCQ.nOR1~A
4\~f(}J(,J..,-
CLERK C1RCU'T tOURT
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OcR-; e 1 0 1 VAct 1195
6. All notices pursuant to this agreement shall be furnished to the
respective parties 'at the following. addres ses, .until receipt of written instructions'
noti.fying the other party o! a different address: .
OWNER:
GEORGE C. HADDOX AND
MARY NELLE HANCOCK
3/0 DR.e I.t/ -S'r." '
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'IN WITNESS WHEREOF, the parties hereto have caused these pres ents
to be executed the day and year last above written.
CITY:
City Manager
PO Box 4748
Clearwater, Florida 33518
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CoUntersigned:
~yor_Conur.dssioner
correctness:
Attest:.".
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Clt)h ~~t~!:t"k . ".", " ;
WITNESSES:
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As to City-
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As to Own
CITY
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OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 29th day of October ,1980
before me personally appeared Anthohv L. Shoemaker. Thomas A. Bustin, Lucill
Williams, and Charles F. LeCher , respectively City Manager, City Attorney, City
Clerk and Mayor-Commissioner of the City of Clearwater, a municipal corporatia
existing under the laws of the State of Florida, to me knov.n to be the individuals
a:ld officers described in and who executed tbe foregoing Agreement and severally
ac,:'<:nowledged the execution thereof to be their free act and deed a~ such officers
thereuntO duly authorized; and that the official seal of said municipal corporation i
duly affixed thereto, and the said Agreement is the act and deed of said corporatio
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WITNESS my signature and official 25 eal at Clearwater in 't1J,,~r CQUJ:ity of
Finellas and State of Florida, Cle day and year last abov wfit;t~n.\ /.> '. ~
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My Corru:n.ission Expires:
Notary Public, Stale of r10rida at large
My Commission Expires Aug. 28, 1982
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o,R,5 101 PAGE 1196
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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Before me personally appeared ~ C. tI-~...fn:;~ "l,d
to me well known ~d known to' me to be the . dividu.a1s described in and whoM
executed the foregoing agTeement and acknowledged before me that they executed
the same for the purposes therein. expressed.
WITNESS my hand and official seal this
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day Of,~r~M~,
19 fo
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My Comm.is sion Expires:
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O.R. 51 01 PAGE 1197
October 22, 1980
MEMO TO FILE
FROM:
A. L. Shoemaker, City Manager
COPIES TO:
George C. Haddox and Mary Nelle Hancock
Keith Crawford, Traffic Engineer
Roy Ayres, Building Director
Lucille Williams, City Cletk
SUBJECT:
MEMO ORDER - Waiver of Sidewalk Installation
George C. Haddox and Mary Nelle Hancock
Lots 2 and 3, Oak Acres Addition Replat, being
a. Replat of Lot 4, Block "D"
1719 and 1727 Brentwood Drive
In response to a request from George C. Haddox and Mary Nelle Hancock for
a waiver of requirement for i.nstallation of a sidewalk at the subj ect
property in conjunction with new construction as required by City Ordi-
nance, 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
haza1;"d.
In my judgment, 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:.iiF.t~d..
"Exhibit A"
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