SIDEWALK WAIVER GRANTED (199)
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AGREEMENT
THIS AGREEMENT, made and entered into this d.. 9I!:J-.day of JqJC.l1!.. ,197 L!
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter refer'red to as "City"; and CA)tL ~.t:'f1A/AI?/') AN.PE,.i(S"N J~_ >t-
hereinafter referred to as "Owner"; 11 I A n J \ '....l
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3 36 PM t 71
WITNESSETH:
WHEREAS, the Owner owns the following described real property, situated in
the City of Clearwater, Pinellas County, Florida:
1187-1189 Port Way, Clearwater, Florida, a/k/a Lot 5, Block Z, Bay Terrace
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts
a public right of way, which is to have new construction on it, either for
residential, commercial, industrial or other purposes, shall have sidewalks
constructed by the owner on, across or adjacent thereto; and
~ WHEREAS, the Owner is erecting certain new construction on said property
'j;. ~ ~ and has requested the City at this time not to require the immediate instal 1 a-
,s:;. ..8 ~ tion and construction of sideHalks in connection there~oJi th; and
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~ ~~ ~ WHEREAS, the Owner has agreed that if in the future the Ci,ty, in its sole
~ U 0 ~iscretion, determines that it is advisable and neccessary to have such
P-z' p.:; ~ideHalks installed, that the OHner Hill, upon notification by the City, have
~~ .~ideHalks immediately installed at his expense, and if he should fail to do so
~ 02 ~hen the City may have said installation made and impose a lien against the
~ gz ; ctescribed real property for the cost thereof;
S .:; ~ '
E~~ ~ NOW, THEREFORE, in consideration of the foregoing premises and other good
.S ~ ~ ~d valuable consideration between the parties, receipt of Hhich is hereby
rn ~ 0 ~knov-lledged, the parties hereto covenant and agree as folloVis:
.... ~ ..0
~ ~ U 1. The City Hill not at this time require the installation and
construction of sidewalks as part of the erection of the building and
improvements by the OHner 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 OHner or his heirs, personal represenatives, successors or assi~n.
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-nstalled and assess- and impose a lien-agai-nst the described real property for
the cost of the work.
5. This agreement ~s 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 be 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 fOlloHing addresses, until receiot of written
instructions notifying the other party of a different address:
City: Owner:
M:. Merrett R. Stierheim ~~. "~~~ d,
C~ ty Manager ~f
P.O. Box 4748 . /I g? ~~Q W~
Clearwater, Flor~da 33518 0
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tD.iR. ,35 8,4 WfA~f 1218
to be
IN WITNESS WHEREOF, the parties hereto have
executed the day and year last above written.
FLORID
~~tness:
,1"ty ttorney
Witnesses:
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~A/ ~o/~a~~~~,
197.' ~~.tL&d~~..
\olDer
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this/qzt!.day of f)J), A.D. 197/ ,
before me personally appeared t1errett R. Stier~im, 41erbert M. BrovlD-;-
R.G. Whitehead and H. Everett Hougen, respectively City Manager, City
Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
a municipal corporation existing 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 execution theremf 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
Pinellas and State of Florida, the day
seal at ClearHater in the 'C,ounty;pf
and year last above VJ:r::~lI~l1I.j;" "':(
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My Commission Expires:
Notary Public, State of Floril!a at Large
iVly Commission Expires Sc;:~, 29, 1973
D, J .J D, .',.. .';~:-:"!' r;,. ,d <:a........~.r ....g.
STATE OF FLORIDA )
COUNTY OF PINELLAS)
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to meB::::e k::,,:e:::n::~:n a::e::e:o~e:~b~o-
executed the foregoing agreement and acknowledged before me that they
executed the same for the purposes therein ex.pr~sed: (']J~',
WITNESS my hand and official seal this~ctay O~A.D. 197 I .
W~y rQb'rrtlvfL ~
My Commission Expires:
N'lT"f'lV r>!JBUC. STATE of FLtmlDlI at ''',,:iF
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