SIDEWALK WAIVER GRANTED (251)
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iJR 3307 PAGE 462
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AGREEMENT
THIS AGREEMENT, made and entered into this
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da y of
t-fARCH
, 1970, by and between the CITY OF CLEARWATER,
FLORIpA, a municipal corporation, herein3..fter referred to as "City";
and Carl Arthur 'Betsch and Edith Marcine Betsch, his Wife
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner OWns the following described real property
situated in the City of Clearwater, Pinellas County, Florida:
LOT SEVEN (7) WOoDMERE HEIGHTS SUBDIVISION-AS RECORDED IN PLAT BOOK FORTYSEVEN (47)
PAGE. FORTY FIVE (45)-ALSO KNOWN AS 315-.~17 NORTH MARS AVE. CLEARWATER, FLORIDA
and
WHEREAS, Ordinance No. 1219 of the City requires that all land
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that abuts a public right of way, which is to have new construction on it,
either for residential, commercial, indu,strial 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 and has requested the City at this time not to require the immediate
installation and construction of sidewalks in connection therewith; and
WHEREAS, the Owner has agreed that if in the future' the City, In
its sole discretion, determines that it is advisable and neces~ary to have such
sidewalks installed, that the Owner will, upon notification by the City, have
SidewalKs-immediately installed at hls expeIlse;-and--ifhe should fail to do so,
then the City may have said installation made and impose a lien against the
. described real property for the cost thereof;
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O.R. 3307 PAGE 463
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NOW, THEREFORE, 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 will not at this time require the installation and
construction of sidewalks as part of the erection 01 the building and impl-ove-
ments by th~ Owner on the above described re?-l property.
2. The City may at any time in the future notify the Owner, his
heirs, personal represent<:ttives, successors or assigns that the City in
its sole discretion has determined that it is advisable and necessary to
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. have sidewalks installed in connection with said described real property.
3. The Owner or his heir,S, personal representatives, successors
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or assigns shall at hi.s expense within ninety (90) days from the notification
by the City have sidewalks installed for said described r~al property in
accordance with City specificatio:Q.S 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 installed
and assess and impose a lien against the described real property 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 subs equently executed, and this agreement shall be binding On
all parties, their heirs, personal representatives, successors or assigns.
6. All notices pursuant to this agreement shall qe furnished to the
respective parties at the following addresses, until .receipt of written instructions
notifying the other party of a different address:
City:
. Mr. Merrett R. Stierheim
City Manager
PO Box 4748
Clearwater, Florida 33518
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1< OR. 33.07 PAGF.464
Owner: Mr. & Mrs . Carl A. Betsch
220 Mars Avenue
Clearwater, Florida
IN WITNESS WHEREOF , the parties hereto have caused these
presents to be executed the day and year last above written.
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Attest:
Approved as to form & correctnes s:
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City Clerl;c
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Witnesses:
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As to City. IJ
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Owner
STA TE OF FLORIDA )
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COUNTY OF PINE LLAS )
I.HEREBY CERTIFY, that on this 7 ti day of ~~. ,
A. D. 1970., before me personally appeared Merrett R. Stie eim. Herbert M.
.. Brown, R. G. Whitehead and H. Everett Hougen, respective"ly 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 thereof to be
their free act and deed as such officers thereunto duly authorized; and that
. .-.-theoffieial-seal~of.s aid m unic ipa Ie 0 l' po 1"atl onis-dulyaffixed_thereto,andth e
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 iast above written.
"My, Commission Expires:
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Before me personally appeared CARL ARTHUR BETSCH AND EDITH MARCINE BETSCH
. (HIS WIFE)
to me well known abd 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 expres sed. .
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/""~",::(/WITNESS my hand and official seal this
'c A.D. 1''1/70.
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~lvfy":~ofumission Expires:
:r"TAII ,1.111. lllfl.t oJt h""I"A AT LA"lAE
MY COMMI::'~ION ~llI'IRE:S NOV. 29, 1'71
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STATE OF FLORIDA )
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'COUNTY OF PINELLAS )
19th
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O.R. '3307 PAGE 465
day of MARCH
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