SIDEWALK WAIVER GRANTED (34)
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AGREEMENT
THIS AGREEMENT, made and entered into this
by and between the CITY OF CLEARWATER, FLORIDA,
hereinafter referred to as "ei ty"; and Clyde H.
hereinafter referred to as "Owner";
19th day of July ,1971-
a municipal corporation,
& Ze1phia L. Marlow
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated 11
the City of Clearwater, Pinellas County, Florida:
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and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abut~
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
and has requested the City at this time not to require the immediate installa-
tion 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 neccessary to have such
sidewalks installed, that the Owner will, upon notification by the City, have
sidewalks immediately 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 real property for the cost thereof;
NOW, THEREFORE, in consideration of the foregoing premises and other good
and valuable con~ideration between the parties, receipt of which is hereby
acknm,.,11edged ; the parties hereto covenant and agree as folloHS =
1. The City will not at this time ~equire 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 neccessary to have sidewalk
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or assiqn
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
installed and assess and impose a lien against the described real property for
the c6stof the wOrk. ,.,. . -.
5. This agreement lS 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 following add~esses, until receipt of written
instructions notifying the other party of a'different address:
Ci ty: Owner: Clyde H. Marlow
Mr. Merrett R. Stierheim / /J
Ci tv Manager / 7 ?t, ~+-1/-o-~ ~
P · 0'. Box 4748 ;1 ;; , '4 Ll~'I/ ;::!-~
Clearwater, Florida 33518 cU~#/'?t / '
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This instrument was prepared by:
HERBERT M. Bl=tOWN, City Attorney
City of Clea;'WaL~', P. O. Box 4748
Clearwater, Florida 33518
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O.R. 3608 PAGE 437
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WHEREOF, the parties hereto have caused these presents to be
year last above written.
G correctness:
FLORII)!
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Deputy Cl ty'. ~ . erk . ...,.
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Witnesses:
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
*i;Lucille Bell
I HEREBY CERTIFY, that on this;2 51' day of 'Xu..-4' 'A..:sr , A. D. 197 I ,
before me personally appeared Berrett' R. Stierhelm Herbert M. Brovm-;-~
~'dqLg. r.)l.i~81. ~ and H. Everett Hougen, respectively City Banager, 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 mllnicipal corporation is duly affixed thel'eto, 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 Clearwater in the County of
and year last above written.
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My Commission Expires:
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Notary Pub~c, State of Florida at large
My lommlsslonl:xpaes )tpl, L1, 19/ j
Bonded By American Fire & Casually Co.
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STATE OF FLORIDA )
COUNTY OF PINELLAS) X::
Before me personally appeared Clvde HandZelohia.bMaplow-
to me well known and known to me to be the individuals described in and who
executed the foregoing agreement and acknovl1edred before me that they
executed the same for the purposes therein expressed. . -- ~.,
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WITNESS my hand arid official seal this~y of Ju~"A.D.-l.97.1.
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~<y+aryPub_1i'c
My Commission Expires: ......:- '.".'~,,'
.OTARY PUBLIC, S'l'ATE OF flORIllA AT LARGE
MY COMMI<,:-'I()N ~l{PIPl:i liliPT, 11. lWl
.AOJIIM,Q TttROIlGH FRED W, DIEST&LIHl8d