SIDEWALK AGREEMENT AND WAIVER DENIAL (3)
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THIS AGREEMENT, made and entered into this 3 day of
A. D. 19~, by and between the CITY OF CLEARWATER, FLORI A,
corporation, hereinafter referred to as "City"; and -K- .
, hereinafter referred to as
1-3-~.3
WITNESSETH:
WHEREAS, the Owner owns the following described real property
situated in the City of Clearwater, Pine lIas County, Florida, to wit:
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13.~Q./'~ 1'7
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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 requirement; and
WHEREAS, the City Manager pursuant to Sec. 133.09 (e) (1) 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 as set forth in Exhibit A
attached bereto and made a part herein as if fully rewritten, grants to
the Owner a temporary waiver of the sidewalk installation requirement im-
posed by Sec. 133.09 of the Code of Ordinances of the City of Clearwater.
2. The temporary waiver granted shall commence on
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 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 immediately 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 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 in-
stalled and assess and impose a lien against the described property for the
cost of the work.
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 agreement shall be binding on all
parties, the heirs, personal representatives, successors or assigns.
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6. All notices pursuant to the agreement shall be fu;rnlshed to
the respective parties at the following addresses I until rece1.pt ofwr1.tten
instructions notifying the other party of a different address I
OWNER; ,( 71 ~ '7M ~
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CITY:
City Manager
P. O. Box 4748
Clearwater, Florida
33518
IN WITNESS WHEREOF, the parties hereto have caused these present
to be executed the day and year last above written.
By
A
Countersigned:
May or-C ommis s-ioner
Approved as to form & correctness:
Attest:
City Clerk
City Attorney
WITNESSES:
CITY
As to City
)
It ;S~~. _~~
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As to Owner
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this
before me personally appeared
"
day of
, 19_
and
, respectively City
Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of
Clearwater, a municipal corporation eJCisting 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 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, the day and year last above written.
My Commission Expires:
Notary Public
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STATE OF FLORIDA 1
COUNTY OF PINELLAS 1
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Before me personally appeared' ___f/{'l/Jl!L..__:_._L - -/J1()cJ-/[e.- - -
to me well known and kno".Jn to Jne to--be the :l.ndiyi.duals described in and
who executed the for'egoing agreement and acknowledged before JDe that
they executed the saTne for the purposes there1n expressed,
WI'rNESS my hand and official seal this______~ _day of'
19 <f'~ .
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My Commission F~pires:
Notlry PublK, State of Rorida
My Commission Expires Nov. 17, 1984.
hn~'~ Th[ij Troy hi.: Insuranco, Inc..
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January 26, 1983
l'1 r. Henry L. Moo re
1428 Lemon Street
Cleanvater, Florida 33516
CERTI FlED MAIL -
RETURN RECEIPT REQUESTED
Re: 1593 Linwood Road: Lot l7, Block A, HIGHLAND ESTATES OF CLEARWATER
Dear Mr. Moore:
l~ 3~cordance with Section l33.09 of the Code of Ordinances of the
City or Clearwater, I have reviewed your request for temporary sidewalk
installation waiver.
Because there are side~
160l Linwood Road), I cannot
accordance with the aforeme
200 feet of your property (at
a sidewalk installation waiver in
Code, Paragraph (e).
cc: Elizabeth S. Haeseker, Assistant City Manager
Roy J. Ayres, Building Director
Keith Crawford, Traffic Engineering Director
Lucille Williams, City ClerkV'
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EMP' nV'vIENT AND AFFIRMATIVE ACTION EMPLOYER"
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