SIDEWALK AGREEMENT AND WAIVER (9)
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C I T Y
OF
CLEARWATER
POST OFFICE BOX 4748
CLEARWATER. FLORIDA 33518
CITY MANAGER
March 31, 1983
Mr. Bernard Falchini
643 Middle Road
East Greenwich, Rhode Island 02818
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Re: Lot 11, Block D, Edenville Sub-division
916 Edenville Avenue
Dear Mr. Falchini:
In accordance with Section 133.09 of the Code of Ordinances of the City
of Clearwater, I have reviewed your request for a temporary sidewalk
installation waiver.
Since there are no sidewalks within 200 feet of your property, you
meet the requirements as set forth in the aforementioned Code section.
Therefore, I am pleased to inform you that a temporary waiver of the
sidewalk installation requirement is granted on the above-referenced
property. Should it be determined that a sidewalk is required at your
location in the future, it will be installed by the assessment process.
RECEIVED
cc:
Elizabeth S. Haeseker, Assistant City Manager
Roy J. Ayres, Building Director
Keith Crawford, Traffic Engine~ing Director
Lucille Williams, City Clerk v/
APR 'j
1983
CITY CLERK
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
A G R E E MEN T
TRl.3 AGREEMENT. made' and' ent~~~d' in~o' t~iS -' Jday of 4.~ ( _
19~), by and between the CITY OF CLEARWATER'.~-'L HIDA, a~..~u i Ra~-,.
atlon he e n .fter referred to as "City"; and A~_~'
. , hereinafter referred t~ as ~nerl;
situated in
~o/!
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WHEREAS, the Owner owns the following described real property
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the City of Cl~~rwater, Pinellas County, Florida, to wit:
II &~J) C~~~
r/" E-~c~
and
WHEREAS, Sec. 133.09 of the Code of Ordinances of the City requires
that all land that abuts a public right-of-way, which is to have new con-
struction on it, either for residential, commercial, industrial or other
purposes, shall have sidewalks constructed by the Owner on, across or ad-
jacent thereto; and
WHEREAS, the affected property owner has appealed requesting a
temporary waiver of the sidewalk installation requirement; and
WHEREAS, the City Manager pursuant to Sec. 133.09 (e) (1) 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
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, 'l'HEREFORE, 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 bereto and made a part herein as if fully rewritten, grants to
the Owner a temporary waiver of the sidewalk installation requirement im-
posed by Sec. 133.09 of the Code of Ordinances of the City of Clearwater.
2. The temporary waiver granted shall commence on
and run until the condition or reason for granting the waiver a--s5'etoutTi1-
Exhibit A 1s removed or otherwise changed.
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 Sec. 133.09 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 Sec. 133.09 as it relates to sidewalk installation.
4. If the Owner or 11is heirs, personal repre~entatives, successors or
assigrls shall fail to have sidewalks installed for the described real property
in accordance witl) City specifications and standards within ninety (90) days
from the notification by tne City, then the City may have the sidewalks in-
stalled and as~ess and impose a lien against the described property for the
cost of the work.
t 5. 'l'hi s agl'eement is to be regarded as a covenant running wi th the
~and regardless of whether it is specifically mentipned 1n any deeds or
conveyance subsequently executed, and this agreemen~ shall be binding on all
parties, the heirs, personal representatives, successors or assigns.
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6:- All notices pursuant to the agreement shall be furnished to
the- respective parties- at the fOllowing addresses~. untU receIpt ofwrltter
instructions notifying the oth~r party of a different addressl
CITY:
City Manager
P. O. Box 4748
Clearwater, Florida 33518
OWNER: LJ .. ~ ~ ~}.~., - -'
~~cJ~
(b~3 ~~ L. R I 01..."61 ~
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IN WITNESS WHEREO}', the parties hereto have caused these present
to be executed the day and year last above written.
Countersigned:
Mayor-Commiss-ioner
Approved as to form & correctness;
Attest:
City Clerk
City Attorney
WITNESSES:
CITY
As to City
(!;xw,. Lu..
f'~
As to Owner
M.~
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_tf6L=_...F~;L/~ .
~71l.ci{dd-~
(SEAL)
(SEAL)
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this
day of
, 19
before me personally appeared
and
, respectively City
Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of
Clearwater, a municipal corporation e~isting 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 execu-
tion 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, the day and year last above written.
My Co~nission Expires:
Notary Public
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STATE OF FLORIDA 1
COUNTY OF PINELLASl
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Before me personally appeared' ~D~N,4-1'l-t? i.~A/1.ft' /9 . r/JL'eN/~f
to me well known and knm.m to TIle to be the individuals described in an{j-
who executed the foregoing agreement and acknowledged before me that
they (:xccuted the same for the purposes therein expressed.
WI'l'NESS my hand and official seal this~_~_day of'_ "'p,~-----
19 A"..1 .
My Commission Expires:
Notary Public, St~te of Florida
My Commission Expires Nov. 17, 1984
Bonded Ttuu Troy fain - IM'..l,anc~, Inf;.
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