SIDEWALK WAIVER GRANTED (44)
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79116.' 5 7 . A G R E E MEN T ,. ~
THIS AGREEl-..{ENT, made and entered into this -....J day of ;IJ1lly
A.D. 19 1 OJ , by and between the CITY OF CLEARWATER, FLORIDA, a municipal
oorporation, hereinafter referred to as "City"; and .JAftlES ,.. t.J. j:"urz.v I '12 urj/
C. Fo(LD . (jfIS' lJIFe.) , hereinafter 'referred to as ItOwnerlti
w rl'NESSETH:
O.R. ~ 882 PAGE 1024
WHEREAS,;tIle' ~d5:~e follOwing'described real property situated in
the City of Clearwate,r. Pinep.asCounty, Florida, to wit: .
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, WHEREAS, Section 7-6 of the Code of OrrH.,.,::l.nces of the City reqtrl.resthat all
. land that abuts a public right-oi-way, which is to have new construction on it, either
for residential. cOIDIIlercial. industrial or other purposes, shall have sidewalks
~cmstructed'bythe Owner on. across or adjacent ,thereto; and
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.. ~ ~ ~ WHEREAS, the weded property owner has appealed requesting a temporary
~ fj ~ ~i ver of the side-...ralk installation requirem.ent; and
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:> P>-i tQ ~ WHEREAS, the City Manager pursuant to Section 7 -6 (4) (a) has found the
~.C 0 ~ollowing conditions exist, as set out in his findings attached hereto as Exhibit A,
~ u a.: S:;uch as warrant the granting of a temporary waiver; and
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~ WHEREAS, the owner of the property described herein understands that the
owaiver 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: .
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'. ~ 00 1. The City in light of the facts found as set forth in Exhibit A attached
E ..8 ~ hereto and made a part herein as ~ fully rewritten. grants to the Owner a temporary
'g ~ ~ ~waiver of the sidewalk installation requirement iInposed by Section 7 -6 of the Code
~ .c ~ ~ of Or ciinanc e s of the City of Clearwater.
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~ Z~ p.; :g 2. The temporary ~ftr granted shall commence on
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~ E'-' ~ ~ and rcnuntil the condition or rea.son for granting the waiver as
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.b ~ G ~ 3. The Owner understands and agrees that the waiver granted herein is
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S ~ '8 [5 temporary in character and that it does not excuse the Owner or successors in
~. ~ E interest frcnn the sidewalk requirements Unposed by Section 7 -6 of the Code of
-1 P::: u Or,H.,.,:a-nces of Clearwater. The Owner.further agrees that should theconditioD
E-i set out in Exhibit A which presently exists on the property and which was sufficient
to warra::J.t granting the ~iver be corrected during the perioa of this waiver. then
the C>wD.er will i.mmediately comply with the requirements of Section 7-6 as it
relates to sidewalk installation.
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4. II the Owner or his beirs, personal representatives. successors or
.udgus aha.1l fail to have sidewalks insblled for tbe described real property iD
accordance with City .pecifica~ons and standards within ninety (90) days from the
notification by the City, tilen the City may have ~e sidewalks installed .a.nd as ses s
and i2:npoae a lien .aga.inst the d~scribed real property for the cost of the work.
5. This agreement is to be regarded as a covenant T',nn;-ng with the land
regardless of whether it is specUically mentioned in any deeds or conveyance sub-
sequently executed, and this agreement sh~ll be biJ:lding on all parties, the heirs,
personal representatives, successors or assigns:
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8 ~ 0 I HEREBY CERTIFY. 19 79
9 J! .before ,;,e perso Y . are e~l::::
0U4J~d A'_ ~ T
(; Clerk and Mayor- ommissioner of th City of Clearwater, a municipal corporatic
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 aa such officers
thereunto duly authorized; and that the official seal of said municipal corporation i
duly a!fixed thereto, and the said Agreement is the act and de.~Q.,o!<~1!-id corporatio
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WITNESS my signa.ture and official seal at Clearw.~f,.~.~"'~;~~~C~t:yo{
Finellas and State of Florida. tae day and year 1a,.st abov~ /') .:.rl.tten.... .,~
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I O.R. ~ 882 PAGE 102 5
6. All notices pursuant to this agreexnent shall be furnished to the
respective parties at the following addresses. .until receipt of written instructions
notifying the other pa.rty of a different address: ".
CITY:
City Manager
PO Box 4748
Clearwater. Florida 33518
OWNER: JAM ~J' tJ. /:::-dlZ ()
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-IN WITNESS WHEREOF. the parties hereto have caused these presents
to be executed the day and year last above written.
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Mayor -Commis sioner
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Attest:
CITY
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As to Owner
OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
My Commission Expires:
Notary Public, St~te of Florida at Large
Mv Commission Expires Aug. 28, 1982
Bond.d By American firli & CasuaJtv ComoanY
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OK ~ 882 p~GE 102 B
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before Ille pers cmally appeared 0 A '/JtC [' . tU. . Fd i2.. D f/ flv T /I c-'
to Ille well known ~d known to' m.e to be the individuals described in and who ;::bIZO
executed the foregoing agreem.ent and ac:k:a.owledged before Ille that they executed
the sam.e for the purposes therein expressed.
WITNESS IllY hand and official seal this
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day of
19 79
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My Commission E2:;pires:
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Notary Public
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Ju1 y 5, 1979
::~: T:~:~n: L. Shoemaker, City Manage()~S; 2 PAGE 1 02 7
COPIES TO: Mr. and Mrs. James W. Ford, ~'~r~:Lake Avenue 33515
Max Battle, Direct or of Public Works
Roy Ayres, Building Director
Luci lle Williams, City Clerk
SUBJECT: MEMO ORDER: Waiver of Sidewalk Installation
Mr. and Mrs. James W. Ford
Lot l, Block Ea Keyst one Manor
11 North Lake Avenue
In response to a request from Mr. and Mrs. James W. Ford for a
wai ver of requi rement for inst allat ion of a si dewal k at the
subj ect propert y in conj unct ion with new const ruct ion as requi red
by City Ordinance, I have examined thi s property and the following
are my findi ngs:
1. There are no sidewalks within 200 feet of the property.
2. A sidewalk on this property, at this time, would not form
a part of a rout e leading to a school.
3. The absence of such a si dewa1k wou1 d not present a pedes-
tri an hazard.
In my judgement the above finds meet the conditions presc ri bed
in Ordi nance 1624, Sect ion 1, Paragraph (4)(a) and theref ore a
~iver of installation of a sidewalk, at this time, is granted.
"Exhi bi tAl'
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