SIDEWALK AGREEMENT AND WAIVER REQUEST
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I A G R E E MEN T I G,R, 4729 PAGE 5651
3 ~~t "'; 3~ 0 PT~ AGREEMENT, made and entered into this # day of
A.D. 19~, by and between the CITY OF CLEARWf\TER, FLOR~, am iC+i al
d,o~o~:::op ;,e;:n:, after referred to as "City"; and '-'C9 ~ (..'ALlS ~ __
l!~~d=' , hereinafter 'referred to as "Owner"; .
WITNESSETH:
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WHEREAS, the Owner own~ the following described real property situated in
the City of Clearwater, Pinellas County, Florida, to wit: .
Weobr-noJT p~ e-.s~
~ R,~~ Uft
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and'
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JUL 31 iO 46 AH '11
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
for residential, commercial, industrial or other purposes, shall have sidewalks
constructed by the Owner on, across or adjacent thereto; and
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......
~~ WHEREAS, the affected property owner has appealed requesting a temporary
~~~r of the side~..ralk installation requirement; and
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:z ~ ~.~ WHEREAS, the City Manager pursuant to Section 7-6 (4) (a) has found the
g5 ~~g conditions exist, as set out in his findings attached hereto as Exhibit A,
f:j ~~~ as warrant the granting of a temporary waiver; and
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~ WHEREAS, the owner of the property described herein understands that the
watler granted herein is only temporary in character and ~hat this agreement must
pro.nde a reasonable period of time for the waiver to be effective;
NOW, THEREFORE, in consideration of the foregoing premises and other
jOod and valuable consideration between the parties, receipt of which is hereby
~:, i~owledged, the parties hereto covenant and agree as follows:
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~ ~~ ~i 1. The City in light of the facts found as set forth in Exhibit A attached
i~' ~~~to and made a part herein as if fully rewritten, grants to the Owner a temporary
~~ ?:~ia~~er of the sidewalk installation requirement imposed by Section 7 -6 of the Code
t~' ;:..: of ,Ordinance s of the City of Clearwater.
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8 ~~ ~ .~ 2. The temporary waiver granted shall commence on
_~ ~ "~ run until the condition or reason for granting the waiver as
G, if) Q ,'j d h . h d
.r:i~:r; 'g.~remove or ot erw1se c ange .
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'~ i:l~ 6 3. The Owner understands and agrees that the waiver granted herein is
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temporary in character and that it does not excuse the Owner or successors in
interest from the sidewalk requirements imposed by Section 7-6 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 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 a covenant r"""ing with the land
regardless 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 representatives, successors or assigns.
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I Q,R. ~ 729 PAGE 560
6. All notices pursuant to this agreement shall be furnished to the
respective parties at the following addresses, until receipt of written instructions
noti.fyi.ng the other party of a different address: ..
CITY:
City Manager
PO Box 4748
Clearwater, Florida 33518
OWNER:
~HN M .4 &1.'-1^'f..C!4UsG
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'IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year last above written.
CoUntersigned:
cOtA .-:J :k-b.-
Ma yor-C ommis sioner
CITY OF CLEARWATER, FLORIDA
By acU~O~
A- ff A/City, M~a:'ger ' ,
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Attest: . i". .",
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,.,',.,;. ,:"i.,.,...,'~. L' .,.~.'.,'.:,','-, '.'.
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City Clerk
Approved as to form. & correctness:
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~ (h.;I. City Attorney I
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As City
CITY
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OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
*Acting
*Chief Asst.
I HEREBY CERTIFY, that on this 26th day of Julv , 19 78
before me personally appeared Michael J. Parobv~ Frank Kowalski ~Lucille
illiams 3.lld Charles F. LeCher , respectively"City Manager,*City Attorney, City
Clerk and Mayor-Conunissioner 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 deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, t~e day and year last above written.
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My Commission Expires:
Notary Public, State of Florida at targ~
My Commission Expires Sept. 29, ;931
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0.1. ~ 729 PAGE 567
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared
to me well known and known to me to be the individual describ
executed the foregoing agreem.ent and acknowledged before
the same for the purposes therein expressed.
Notary Public, St!lte of Florida at Large
~ ~nmmi~~inn ~vpir~ ADRll , lQ~P
~ day of Jf&~
....<rWITNESS my hand and, official seal this
19--1.4---
My Commission EXpires:
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I
Q,R, 4 729 PAGE
568
July 19, 1978
MEMO TO FILE
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FROM: Anthony L. Shoemaker, City Manager 1f1
Copies to: Mr. & Mrs. John M. Calise, 1742 Ridgeway Drive, Clearwater
Mr. Ed. Blanton, Building Director
Mr. Keith Crawford, Traffic Engineer
Mrs. Lucille Williams, City Clerk......
SUBJECT: MEMO ORDER - WAIVER OF SIDEWALK INSTALLATION
Mr. & Mrs. John M. Calise, Lot.124, Woodmont Park Estates
1742 Ridgeway Drive
In response to a request from Mr. & Mrs. John M. Calise for a waiver of City
requirement for installation of a sidewalk at the above- subject 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 at 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 I, paragraph (4) (a), and therefore a waiver on installation of a
sidewalk at this time is granted.
EXHIBIT A.
.,
C' T Y 0 F C LEA R W ATE R
Interdep.rtment Correspondence Sheet
TO: Mr. Anthony L. Shoemaker, City Manager - Through the City Attorney
FROM: M. J. Paroby, Asst. City Mgr~,f/
I
COPIES:
SUBJECT: Request for Waiver of Sidewalk Installation - Mr. & Mrs. John M. Calise
1742 Ridgeway Drive
DATE: July 19, 1978
Rec ommendation
Sign the attached waiver of installation of sidewalk, and initial
the attached memo order.
Background
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See attached Memo to File.
I
C~TY OF CLEARWATER
Interdeputment Correspondence Sheet
TO: Mike J. Paroby - Assistant City Manager
VIA Keith Crawford - Traffic Engineer
FROM: Ed Blanton - Building Director &.13.
COPIES:
SUBJECT: Request for Sidewalk Waiver at 1742 Ridgeway Drive
DATE: July 12 , 1978
The requested waiver meets the criteria applied for the granting
of such waivers. Additionally, the majority of homes in this
area were built under county building permits which did not
require sidewalk installation nor any commitment to do so at a
later date.
Accordingly, it is recommended that the requested waiver be
granted.
EB:nt
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