SIDEWALK WAIVER GRANTED (137)
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THIS AGREEMENT, made and entered into this ~etll. day 0 Ha!'9ft
A.D. 19 77 ,by and between the CITY OF CLEARWATER, FLORIDA, a ID'l:micipal
corporation, hereinaiter referred to as "Cityll; and Al Roge.ro Builders, Ine.
1180 Court St. , hereinafter 'referred to as "Owner/I;
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77064944
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AGREEMENT
WITNESSE1'H:
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WHEREAS, the Owner owns the following described real property situated in
I ~,the City of Clearwater, Finellas County, Florida, to wit: .
m.: . "I'.'~"1:--1~..~ .'. ,JJ,IlQ.w!;ourt .,Street - Part of Lot 4, all of 5, part of Lot 6
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> ,1_ "~-'-~W~aEAS, Section 7 -6 of the Code of Ordinances of the City requires that all
la.ndthat abuts a public right-of-way, which is to have new construction on it, either
for residential, comm.ercial, industrial or other purposes, shall have sidewalks
constructed by the Owner on, acros s or adjacent thereto; and
WB:EREAS, the affected property owner has appealed requesting a temporary >,
waiver of the side~..;alk installation requirement; and" ~ 00
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WHER~AS, the owner of the property described herein understanda that the~ t~; };] ~
waiver granted herein is only temporary in character and~hat this agreement mus~; 2~ ~ i
provide a reasonable period of time for the waiver to be effective; ~ .,..;i ~ ~
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NOW, THEREFORE, in consideration of the foregoing premises and other'; ~ t OJ
good andvalua.ble consideration between the parties, receipt of which is hereby:;:; o.E
acknowledged, the parties hereto covenant and agree as follows: f-; ~ ()
WHEREAS, the City Manager' pursuant to Section 7 -6 (4) (a) 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
1. The City in light of the facts found as set forth in Exhibit A attached
hereto and made a part herein as if fully rewritten, grants to the Owner a temporary
waiver of the sidewalk insta.llation requirement imposed by Section 7 -6 of the Code
of Ordinances of the City of Clearwater, as it pertains to installation of sidewalk on
the Brownell Street side of the property.
2... The temporary waiver granted shall commence on
and run until the condition or reason for granting the waiver a
is removed or otherwise changed.
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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 Section 7 -6 of the Code of
Ordinances of Clearwater. The Owner,further agrees that should the condition
set out in Ex..l).ibit 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 ilr.m.ediately comply with the requirements of Section 7 - 6 as it
relates to sidewaL1<: installation.
4. If the Owner or his heirs, personal representatives, successors or
assigns shall fail to have sidewalks installed for the described real proper'f;y 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 im.pose a lien against the described real property for the cost of the work.
5. This agreement is to be regarded as a covenant r1,,,,,ing with the land
regardless oi 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. r.
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o.R.4540 P^CE 46
6. All notices pursuant to this agreement shall be furnished to the
respective parties at the following addresses, until receipt of written instructions
notifying the other party of a different address: '.
CITY:
City Manager
PO Box 4748
Clearwater, Florida 33518
OWNER:
'IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year last above written.
CoUntersigned:
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r Mayor _ Comntis sioner
WITmSSES:
CITY
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Mr ~~L)
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As to Owner
OWNER
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida,
tae day and ye~l~ast above~~~.,>;
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My Commission E~ires:
Notary Public, State of F10ridCl /If LClfUll
.~~y Com:mission Expires Sept. 29, 1977
r,'lnJed by American Fire & Casualty Co.
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'o.a.4540 I'^CE 47
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally a.ppeared .ftL,(3~'T /,." R(j(~(J SR. .'
to me well known and known to me to be the individuals described in and who
exec'Q,ted the foregoing agreement and acknowledged before me that they executed
the same for the purposes therein expressed.
WITNESS my hand and official seal this Jl5i!-
19'/1 .
day of mfJf(cif
My Commis sion EXpires:
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My::;o:(;,
!. ,ApTil 8, 1977
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MEMO TO:
File
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, O. R. 4540 P^GE
48
FROM:
Picot B. Floyd, City Manager
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Copies: Al Rogero, Pres., Al. Rogero Builders, Inc.
Ed. Blanton, Building Dir ector
R. G. Whitehead, City Clerk
Keith Crawford, Traffic Engineer
SUBJECT:
Memo Order - Waiver of Sidewalk Installation.
Inc., part of Lot 4, all of lot 56 part of lot 6 -
SlJ.b cUvis ion, 1180 Court Street.
AI. Rogero Builders,
W. F. Hugheyl s
In response touarequest from Mr. Rogero for a waiver of City requirement for
installation of a sidewalk at the above described property in conjunction with new
construction as required by City Ordinance, I have examined this property and
the following are my findings:
1. The subj ect property is fronted on two streets: Brownell in the rear. and
Court Street in the front. There are no sidewalks within 200 feet of the subject
property on Brownell Street. There is a sidewalk within 200 feet on the Court
Str eet side of the property.
2. A sidewalkon the Brownell Street side would not form a part of a route leading
to a school and absence of such a sidewalk on Brownell Street would not present a
pedestrian hazard.
3. The absence of a sidewalk on the Court Street side of the property, which has
very heavy traffic, would present a pedestrian hazard.
In my judgment, the above findings permit the waiver of installation of a sidewalk
at this time on the Brownell Street side of the property and such a permit is granted
in accordance with the provisions of Ordinance #1624, Section 1, paragraph (4)(a).
However, installation of a sidewalk is necessary on the Court Street side of the
property.
EXHIBIT A
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Int~rd<!p.rtment Correspondel'ce Sheet
TO: Mr. Picot B. Floyd, City Manager - Through the City Attorney
FROM: M. J. Paroby, Asst. City MgrcA,t1J1
COPIES:
SUBJECT: Request for Sidewalk Waiver - 1180 Court Street - Al Rogero Builders, Inc.
DATE: April 8, 1977
Recommendation:
Sign the attached sidewalk waiver agreement as I have
modified paragraph 1, page 1.
Background:
See attached Exhibit A.
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
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city OF CLEARWATER
Interdepartment Correspondence Sheet
M. J. Paroby - Assistant City Manager
E. Blanton - Building Director ~L9
Request For Sidewalk Waiver - 1180 Court Street
March 31, 1977
The subject property in fronted by two streets - Brownell
Street on the North and Court Street on the South.
The frontage on Brownell:Street meets the requirements for
a sidewalk waiver, in that there are no sidewalks within
200', it is not a school route, nor would its absence con-
tribute to a hazardous condition for pedestrians. However,
there is a sidewalk on the adjoining property on Court
Street and the magnitude and proximity of traffic on this
street constitute a definite hazard to pedestrians.
For this reason, it is recommended that a waiver be con-
sidered only for the frontage on Brownell Street.
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