SIDEWALK WAIVER GRANTED (335)
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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 ,,~ .
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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', "
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~ ~ a~ CLERK ClftCUITCOURT
. '~,.~ 5AN PfOJW ~1.. q ,;;q~ 10 HAft 30 1146AH '81
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:.,'~ ~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
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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 '
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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:
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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.
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~ ~ ~ ...::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.
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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. .
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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:
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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.", '
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,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?'
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My Commission Expires:
Notary Public, State 0' Florida at large
My Commission Expires Oct. 31, 1983
&ended By American tiro &. C,uualty Comp.nY
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O.H. 51 68 PAGE 379
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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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' /
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~ ..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_
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Notary Public
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