SIDEWALK WAIVER GRANTED (140)
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hTITNESSETH:
~mlmEAS, thc' O\vncr ownc; the follo\ving described real property si tuated in the Ci ty of
Clean,7atc'r, Pinc11n8 County, Florida: 117-119 N. Evergreen _ Lot 5 _ Blk. B
Fairview Addition
and
~vHEREAS, OnIinil'-Jc>c' No. 1219 of the City requires that all land that abuts a public
right of \-lay, \\ihich is to helve new construc:tion on it, either for residential, cOIl1JJiercial,
industrial or other purposes, shall have sidewalks constructed by the owner on, across or
adjacent thereto; and
h7JJEREAS, the O\vne1' is erecting certain ne\-1 construction on said property and has
requested the City at this time not to require the ilml1C:'diatc installation and construction
of sidewalks in connection therewith; and
~vHER.EAS, the O\Vller has agreed that if in the future the City, in its sole discretion,
determines that it is advisable ~nd necessary to have such sidewalks installed, that the
Owner "Jill, upon notificat ion by the Ci ty, have sidewalks immediately installed at his
expense, and if he should fail to do so then the City may have said installation made and impo~:e
a lien against the de~cribed real property for the cost hereof;
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 follo,-1s:
L 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 O\vner on the above described
real ;~:ropeL ty.
2. The City may at any time in the future n0tify the Owner, his heirs, personal
representatives, successcrs Or assigns that the City in its sole discretion has dete~mined
th[lt it is advisable and necessary to have sideHalks installed in connection ".'ith said
descr~bed real property.
3. The O\mer or his heirs, person<;tl reprcsentntives, 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 specifications and standards as
established.
lJ. ff the O'imer 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 \Vithin 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 \Viththe land regardless
of whether it is specifically mentioned in any deeds or conveyance subsequently executed,
and this agreement shall be binding on all parties, the l1Cirs, personal represent<1tives,
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. Gerald Weimer
Acting City Hanager
P.O. Box ,I+7,1j8
Clearwater, Florida 33518
Owner: Mr. and Mrs. Charles Adams
1375 Drew
Clearwa~er, Florida
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O. R.4083 PACE 651
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IN vJTTNESS ~I::Li:ECj?, l:he paxties here to luwe caused these presents to be e ;ecutecl Lhe
day and year last above written.
Countersigned:
~~p~OLectnees'
;tff Attor ey (
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STATE OF FLORIDA )
COUTNY OF PINELLAS ) J ..~" /~~
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I HEREBY CERTIFY, that on th~s dat: ~ J R G nTliit'i1P. J.97
before me per sonally appeared ~, ~9::ti'fi~' cffl mn~get, Iifi'ty1Attbrney, Ci ty LTerl<.a and
Nayor-Commissioner of the City of Clearwater, a municipal corporation existing under the laws
of the State of Florida, to me known to be individuals and officers described in and who executed
the fore-going Agreement and severally acknowledged the execution thereof to be their free act
and deed as such officers thereunto duly authorized; aud that the official seal of said muuicipal
corporation is duly ~ffixed thereto, and the said agreement is the act and deed of said corporation
WITNESS my signature and official seal at Clearwater in
of Florida, the day and year last above written.
fJnt~~' t'llbE:. S'iJta o! Floric~a iit large
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Bonded By American firo & Casualty Co.
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the County of Pinell-:':~.Q:t\1?J1;, State
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Ny Commission Expires:
STATE OF FLORIDA )
COUNTY OF PINELLAS) Charles F. Adams and Velma S. Adamf;l, his wife,
Before me personally appeared ~~XX~:SXX~~;'j;,
to me well known anci known to me to be the individuals described in and who eXE:':1-et'ed ID'e,'..\..
foregoing agreement and acknowledged before me that they executed the same fox/tbe.~ptirp8..s'e.s>~;
therein expressed.}'<.,.......... '" -..:,,,"" \
WITNESS my hand and official seal this
/9.r/-I day of 'SEPr€kS$~A~. ji!~' .
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Ny Commission Expires:
NOIAl!~ PUBLIC STATE OF FLORIDA AT lARGE
M~ COMMISSION EXPIRES JAN ?~ 1977
BONDED THkU GENI:RAL INSU~ANCE UNDf.RWIlITERS