SIDEWALK WAIVER GRANTED (198)
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~Q. " " u ~ u.R. v 'i PACE
CLERK C!R::U~'" C0dR'T
JUt j 9 .3 36 PM t 71
AGREEMENT
THIS AGREEHENT, made and entered into this ~q--fl1 day of .:::JUNE ,1971-
by and between the CITY OF CLEARI'JATEH" FLORIDA, a municipal corporatiory.,
here inaf ter re f erred to as "C i ty"; and CA~. lrONA 111) r P.c"if $0 N i.E.-
hereinafter referred to as "Owner"; AJ( ,
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WITNESSETH:
WHEREAS, the Owner owns the following described real property situated lr
the City of Clearwater, Pinellas County, Florida:
1183-1185 Port Way, Clearwater, Fla., a/k/a Lot 4, Block Z,. Bay Terrace
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abutE
a public right of way, which is to have new construction on it, either for
residential, commercial, industrial or other purposes, shall have side\\1alks
constructed by the owner on, across or adjacent thereto; and
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~ <<( ~ ~ WHEREAS, the Owner has agreed that if in the future the City, in its sole
~E~ ~iscretion, determines that it is advisable and neccessary to have such
~ u 0 ~sidewalks installed, that the Owner will, upon notification by the City, have
rn Z. p.; ~sidewalks immediately installed at his expense, and if he should fail to do so
; ~ ,.;~hen the City may have said installation made and impose a lien against the
-+,,' ~ ~ ~described real property for the cost thereof;
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S ~ ~ ~ NOW, 'rHEREFORE, in consideration of the foregoing premises and other good
~ ~ G ~nd valuable consideration between the parties, receipt of ~'>1hich is hereby
.5 &E 'S oacknowledged, the parties hereto covenant and agree as follows:
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WHEREAS, the Owner is erecting certain new construction on said property
and has requested the City at this time not to require the immediate installa-
tion and construction of sidewalks in connection therewith; and
1. The City will not at this time require the installation and
construction of sidewalks as part of the erection of the building and
i.mprovements by the Owner on the above described real property.
2. The City may at any time in the future notify the Owner, his heirs,
personal representatives, successors or assigns that the City in its sole
discretion has determined that it is advisable and neccessarv to have sidewalk
installed in connection with said described real property.
3. The Owner or his ,heirs, personal represenatives, successors or assign:
shall at his expense within ninety (90) days from the notification by the City
have sidewalks installed for said described real property in accordance' with
City specifications and standards as established.
4. If the Owner or his heirs, personal representatives, successors or
assigns shall fail to have sidewalks installed for the described real property
in accordance with City specifications and standards within ninety (90) days
from the notification by the City, then the City may have the sidewalks
.. _i_n stall edand. a,ss ess.an.d imp o~g a 1:1. en_ag.ains.1: ."t.h e.de.sc r'.ib_cd _re.a l...propert y for
the cost of the work.
5. This agreement is to be regarded as a covenant running with the land,
regardless of whether it is specifically mentioned in any deeds or conveyances
subsequently executed, and this agreement shall he binding on all parties, the
heirs, personal representatives, successors or assigns.
6. All notices pursuant to this agreement shall be furnished to the
respective parties at the following addresses, until receiDt of written
instructions notifying the other party of
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
a'different address: , I
V Owner: I11/S It- de{~.
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to be
IN WITNESS WHEREOF, the parties hereto have
executed the day and year last above written.
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FLORIDA~
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Approved as to fo m & correctness:
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WITNESS my signature and official
Pinellas and State of Florida, the day
seal at Clearwater in the County pf
and year last above written. *
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My Commission Expires:
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n' ~ub\it, S\a\e, 0\ ,., l. 19, \971
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to me well known and known to me to be the individuals described in and who
executed the foregoing agreement and acknowledged before me that they
executed the same for the purposes therein expre~edJi2/
WITNESS my hand and official seal this4day O~A.D. 197 /.
STATE OF FLORIDA )
COUNTY OF PINELLAS) )<
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