SIDEWALK WAIVER GRANTED (178)
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O.R. 3343 p~Gf 130
A G R E E MEN T
THIS AGREEMENT, made and entered into thi.s /~of
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corpo
referred to as "City"; and Carl Tilly and Jill E. Tilly, his
hereinafter referred to as "Oivner";
, 1970,
hereinafter
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the
City of Clearwater, Pinel1as County, Florida:
163, Fair Oaks 4th Addn., also known as 2031 Sandra 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,
connnerc~al, industrial or other purposes, shall have side'va1ks constructed by the
owner on, across or adjacent thereto; and
~1EREAS, the Oivner is erecting certain new construction on said property and
has requested the City at this time not to require the iIIIDlediate installation and
construction of sidewalks in connecti.on therewith; and
WHEREAS, the Oivner 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 Oivner 'viII, upon notification by the City, have sidewalks
immedi.ate1y installed at his expense, and if he should fail to do so, then the City
may have said installation made and impose a lien against the described re.a1 property
for the cost thereof;
NOW, THEREFORE, in consideration of the for~going premises and other good and
valuable consideration bet,,,een the parties, receipt of which is hereby acknowledged,
the parties hereto covenant and agree as follows:
1. The City will not at this t~ne 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 t.hat it is advisable and necessary to have side'valks installed in
connection 'vith said described real property.
3. The Owner or his heirs, personal representatives, successors or assigns
shall at his expense 'vi thin ninety (90) days from the notification by the City have
sidewalks installed for said described real property in accordance wi~h City
spec{fications and standards as established.
4. If the Owner or his heirs, personal representatives, successors or assigns
shall fail to have sidc\Va1ks 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 ~escribed real property for the cost of the work.
5. This agreement is to be regarded as a covenant running with the land,
regardless of Vlhether 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 fo110\Ving addresses, until 1:.eceipt of written instructions notifying
the other party of a different address:
City:
Hr. Merrett R. Stierheim
City Manager
P. O. Box ft71f8
Clearwater, Florida 33518
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Owner:
Mr. & Mrs. Carl Tilly
1670 Pinewood Drive
Clearwater, Fla.
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fJ.R. 3343 PM;f 131
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year last above written.
.
By
correctness:
Witnesses:
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As to-DlVil r
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this l;Ld day of ~ , A.D. 1970,
before me personally appeared Merrett R. Stierheim, ~ti1-:- Brown, R. G. Whitehead
and H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-
Connnissioner of the City of C1ean;rater, a municipal corporation existing under the
laws of the State of Florida, to me knOlVil to be the individuals and officers described
.in and who executed the foregoing Agreement and severally acknmv1edged 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 C1eanvater in the County of Pinellas
and State of Florida, the day and year last above written.
My Commission Expires:
Notary Public, State of Florida at large
My Commission Expires Sept. 29, 1973
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IJllI.'
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 purposes therein expressed.
WITNESS my hand and official seal this
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~J('~GO.~slgi~U:,~ires :
Notarv,t:l',;;.-i'~:, .Si<"th.,ot.F,,';rirlil at Large
My tonl;~~j~dqCU::~l!Jtr.~'Sept. 5, 1971
Bo~d"Q t::iy '., 'i;lt:I~ilwiiric" inIiUrilr:lc.. CQ
18th
day of
May
A.D. 1970.
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