SIDEWALK WAIVER GRANTED (177)
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A G R E E MEN T
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THIS AGREEMENT, made and entered into this ~~ day of
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corpo
referred to as "City"; and Carl Till and Jill E. Till his wi e
hereinafter referred to as "Owner";
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3343 P.~.GE 128
, 1970,
hereinafter
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the
City of Clearwater, Pinellas County, Florida:
Lot 146, Fair Oaks 4th Addition, also known as 2036 Rebecca Drive,
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 side\valks constructed by the
owner on, across br adjacent thereto; and
WrlEREAS, the Owner is erecting certain new construction on said property and
has requested the City at this time not to require t.he 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 dis-
cretion, determines that it is advisable and necessary to have such sidewalks
installed, that the O;.mer will, upon notification by the City, have sidewalks
itmnediate1y installed at his expense, and i.f he 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;
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 of the building and improvements 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 necessary to have sidewalks installed in
connection with said described real property.
3. The Owner or his heirs, personal representatives, successors or assigns
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
spec1fications and standards as established.
4. If the Owner or his heirs, personal representatives, successors or assigns
shall fail to.have sidewalks installed for the describ~d 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
subsequently 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 be 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 Man~~~r
P. O. Box ry71/8
Clearwater, Florida 33518
Owner:
Mr. & Mrs. Carl Tilly
1670 Pinewood Drive
Clearwater, Fla.
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O.R. 3343 PAGE 129
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year last above written.
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Owner
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~AttorneY
Witnesses: )
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As to City
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As to Owner
STATE OF FLORIDA )
COmny OF PINELLAS)
I HEREBY CERTIFY, that on this /:;( d day of ~ ~ ,A.D. 1970,
before me personally appeared Merrett R. Stierheim, H bert M. Brown, R.G.Whitehead
and H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and rlayor-
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 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 Pine11as
and State of Florida, the day and year last above written.
My Commission Expires:
Notary Public, Slat:! c: F/3rida at Large
Mv (-ommissi;m cXi';res Scot, 29 1973
Bu.nded By AlT1cricClIl F,r.; 2.. I".a:i......;y (0.
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me personally appeared Carl Tilly and Jill E. Tilly, his wife,
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 PMtppses therein expressed.
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,~~.".'~ ...mTNs:.s5'.~11ly hand 'and official seal this
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My!!G~iSsfon Expires:
Notary pubnc, Statp of FI~ri:ia at larg~
My Commi5~ion Expires Sap':. 5~ 1971
SUllaGe! BY 1 riil.rl'~rnl)nr;'l In"::'llrance Co.
18th
day of
May
A.D. 1970.
;t/~r!.~7
Notary' ublic .
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