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SIDEWALK WAIVER GRANTED (335) I ~ THIS AGREEMENT, made and entered into this ,v'7 day of ,~~ A.D. 19 ~t , by and between the CITY OF CLEARWATER, FLORIDA, a municipal oorporation, h, ereinafter referre~ to as :'Cityll; and .MK~M~,4j S....~ ' OVIJIAP , , , hereinafter referred to as ,,~ . '. I A G R81.~t7J~~ , . ,. -- '{:' - - - III ,)>',. WITNESSETH: o.R.5 1 68 PAGE' 3-77, WHEREAS, the Owner owns the follOwing described real property situated in the City of Clearwater, Pinellas County, Florida, to wit: . PI.'r: 1'J2', " ",.~,,"',i I ,O""f....A . ' _ ~.n v J.Cr;, ; ~a~; ~~ .., 231 ~f..4~~ ~iJl.6Jrf-".) ~ ~ a~ CLERK ClftCUITCOURT . '~,.~ 5AN PfOJW ~1.. q ,;;q~ 10 HAft 30 1146AH '81 ... ~. 00 ~,' d a..f.dtl.~lFfZ. J FW~~ " '>>J.i'<:jl . --.. 0 t-i ~ :.,'~ ~I:" " WHEREAS, Section 7-6 of the Code of OrrRn::!.T1ces of the City req'Cires that all ~,~,., ,c>>', ~ ,,' d that ~b, uts a public right-oi-way, which is to have new construction on it, either F" ci M or residential, comm.ercial, industrial or other purposes, shall have sidewalks ' ~: . ;:' ~C; .~, onsnucted by the Owner on, acros s or adjacent ,thereto; and ~:, ' ,01 "~I!' . be: H~! WHEREAS, the affected property owner has appealed requesting a tempora.ry . r.q t, ~!wai ver of the side-...ralk insta.lla.tion requirement; and ~ ~ ~~ WHEREAS, the City Manager pursuant to Section 7 -6 (4) (~) has f~und the ~ .; ~following conditions exist, as set out in his findiDgs attached hereto as Exhibit A, ~ oj ~uch as warrant the granting of a temporary waiver; and ' H ,;1 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, THEP..EFORE, 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 hereto and made a part herein as ~ fully re'#ritten, grants to the Owner a tem.porary Saiver of the sidewalk installation requirement iznposed by Section 7 -6 of the Code if Or ci.inanc e s of the City of Clearwater. , , co. '-... ..~~< ' ' ,~ l.. ~ ~ ~ ...::I 2. The tem.porary'wai..ergranted ;shall commence on /11 ~ -./7, I ~ K J z:s >< ~nd rcn until the condition or reason for granting the waiver as set out in Exhibit A eet: ~ g ~s removed or otherwise changed. E-o . C'-l _0< J:lI:.O ~ ~ 3. The Owner understands and agrees that the waiver granted herein is ~em.porary in c.h.ara.cter and that it does not excuse the Owner or successors in ~te:rest fr01:X1 the sidewalk requirements iInposed by Section 7 -6 of the Code of c.orrHTl:lT1(:es of Clearwater. The Owner.further agTees that should the condition set out in E:.chibit A which presently e:dsts on the property and which was sufficient to warra.:1t granting the waiver be corrected during the perioo. of this waiver, then the Owner will iInInediately co:mply with the requirements oi Section 7 ... 6 as it relates to sidewalk. insta.llatian. . ~j 4. 11 the Owner or his heirs, personal representatives, successors or asaigus shall fail to have sidewalks installed for the described real property iD accordance with City spec:rifications and standards within ninety (90) days from the notification by the City, then the City may have ~e sidewalks installed and as sea a and iInpose a lien 'against the d~scribed real property for the cost of the work. sequently executed, and this agreement shall be binding 01 Cas~on'al representatives, successors or a'ssigns: 40 Rec /. '? 0 0 - , 41 DS _----- 43 Int ..... Tot JJ3 ...oo~ - 1 - . () 703L{ ()O (Y3) . "u _u_" c2 '-I , , .. I 0.1.5 1 68 PAGE 3 7 8 6. All notices pursuant to tbis agreem.ent shall be furnished to the respective parties at the following addresses, .until receipt of written instructions notifying the other party oi a different address:' .. . OWNER: Ma. tMe~, let141 am ~ ~2~ 5M' f'f~:;Vo S1'.. C~Al'ft,RC00A (oeL.- Cf2() ~~) CITY: City Manager PO Box 4748 Clearwater, Florida 33518 'IN WITNESS WHEREOF, the parties hereto have caused these pres ents to be exeCuted the day and year last above written. CU~ ~ ~civt- Mayor .Comxnis sioner IDA By ea'as-to.. form. & correctness: Attest:: ,,,":;. ' " ,;' C{~L~>~ City (!Zle"'rk.", ' , ~ 'f' :w: ... .... ". Ii " \l I;. ./ ~Lt'~A~ ,As to City Xh~J Iw~~ XA(~4,~" As to Owner CITY (SEA L) (SEAL) OWNER STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREB Y CERTIFY, that on this ~tt~ day of \f\ fi..A q., -'f' ' 19 ~, before me personally appearedA.......JJ,,,n~j..... S\-.oc;:.~k.Q,:~.lhl'>nd_.s 1+. 'H.. ~....;...: Lk~. II..W: \I .ei... and Qhc..y/~.s F: ~e e.,~,~ V" , respectively City Manager, City, Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, a mWlicipal corporatic .existing under the laws of the State of Florida, to m.e known to be the individuals and officers described in and who executed the foregoing Agreement and severally ac.kttowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said m.unicipal corporation: dulyaifixed thereto, and the said Agreement is the act and deed of said corporatic WITNESS my signature and official Ileal at Clearwater iDtheC::~ty of Pi:c.ellas and State of Florida, ~e day and year last above writt_eu.';/ . - ,', no;: /A--l C'. ^. >~:.'~. \.'. ~,,~(~.yI'~..~~..\: N~ry Public ~', ,';~'~_',"" ,',',' c,., S?' . . ,- '." '<( C i\, ~~v ~':- ~~ My Commission Expires: Notary Public, State 0' Florida at large My Commission Expires Oct. 31, 1983 &ended By American tiro &. C,uualty Comp.nY . ~.' . -2.- ....: - ," ...-; '0. .'!.. '1 I O.H. 51 68 PAGE 379 STATE OF FLORIDA ) COUNTY OF PINELLAS ) · '1 Before me perscma.lly a.ppeared MfZ~ 'flUes,' ~ to me well known ~d known to' me to be the inCividuals described in ,~who executed the foregoing a~eement and acknowledged before me that they executed the SaIne for the purposes therein expressed. WITNESS ~y hand and official seal this /~-at.- day of ,~~ 19 6' / . 'c',-, ,- "ii!fl!{h-j -"c-" ",I,; I 0:/ ~>'~~:""i~'~:,_ , .:.;' -:- ,v.- 1/ ~' ; !~~ --^ r ~{ 0'(;"':-1 I: ~ -,,~, ...... 4 J: l:::! ,~ .;.:.~':- ,.,.<~~~ f ,- ~ ," \~, I,.' , .. '\ . ~ l. \'\~\" ~ ..l'~ ,to. My Commis sion EXpires: NOTARY PUBLIC STATE Of flORIDA AT \AlGI MY COMMI~ION PIlafS .!AN. ,.. 1912 - .8[811.. 6S&r\1I1&. Wl8IW'l1_ ",~;/. Notary Public -~-