SIDEWALK WAIVER GRANTED (61)
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\ Q,R 3484 PAG:649 ?C.
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A G R E E MEN T
THIS AGREEHENT, made and entered into this 25th day of september , 1970,
by and bet\vcen the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter '
referred to as "Ci ty'.; and C _ M. DISTRIBUTTNG TNC
hereinafter referred to as "O\vner";
>. WHEREAS, the O;mer 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
\.<:l ~ ~ ,installed, that the O\mer \vil1, upon notification by the City, have sideHalks
] ~ ::; ~immediate1.Y instal1ed at his expense, and if he should fail to do so, then the City
g.,i?r~ ~may have said installation made and impose a lien against the described real property
~Qo~for the cost thereof;
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f:~;: H~~ NOW, THEREFORE, in consideration of the foregoing premises and other good and
... :; .8 ~valuable consideration betHeen the parties, receipt of VJhich is hereby acknOlvledgcd,
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~ ;:.,... ~,; ~the parties hereto covenant and agree as folloVls:
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WITNESSETH:
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rnlEREAS, the O\vner owns the following described real property situated in
of Clearwater, Pinellas County, Florida:
Lot 69 in REPLAT OF ARDMORE PLACE, according to the map or plat
thereof as recorded in Plat Book 25, page 56, of the Public Re-
cords of pinellas County, Florida - A /K/A- 13gtj. ..6!2.0U/PilUfJ
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rnlEREAS, Ordinance No. 1219 of the City requires that al1 land that abuts a public
right of \.Jay, which is to have new construction on it, either for residential,
conunercial, industrial or other purposes, shall have sidewalks constructed by the
OHner on, across or adjacent thereto; and
ffiIFREAS, the O\vner is erecting certain new construction on said property and
has'requested the City at this time not to require the inunediate installation and
construction of sidewalks in connection thereHith; and
1. The City will not at this time
sidewalks as part of the erection of
the above described real property.
require the installation c:md construct:i.on
the building and improvements by the O\mer
2. TI1e City lOay at any time in the future notify the O\mcr, his heirs, personal
representatives, successors or assigns that the City in itg sole discretion has
determined that it is advisable and necessary to have sidewalks installed in
connection with said described real property.
3. The O,vner or his heirs, personal representatives, successors or assigns
shall at his expense within ninety (90) days from th~ notification by the City have
side\valks installed for said described real property in accordance Ivith City
spec1fications and standards as established.
4. If the Oimer 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 side\'lalks instal1ed 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 _\vith the land,
regardless of uhether it is specifically mentioned in any deeds or conveyances
,subsequently executed ,and this agreement shanbebiIidilig~o-r1 al:tparti-e~r, their
heirs, personal representatives, successors or assigns.
6. All notices pursuant to this agreement shall be furnislled to the
parties at the follouing addresses, until receipt of written instructions
the other party of a different address:
, City:
Mr. Merrett R. Stierheim
City Hanager
P.O. Box 4748
Clearwater, Florida 33518
respective
notHying
Owner: C. M. DISTRIBUTING INC.
c/o N. S. Gould
311 South Missouri Avenue
Clearwater, Florida 33516
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. Q,R 3484 p~tJt650
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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:
APp~ness:
~ Artorney "
Clerk
Witnesses:
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BY
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I HEREBY CERTIFY, that on this ~ ___day of _~~__ A. D. ~
before me personally appeared Merrett R. Stierhcim, Herbert M. Bra 1n, R.G.vn1itehead
and H. Everett Hougen, respectively City Hanagcr, City Attorney, ity Clerk and Hayor-
Commissioner of the City of Clean-later, a municipal corporation existing under the
lmvs of the Stat.e of Florida, to me knO'ivn to be the individuals and officers described
in and \vho executed the foregoing Agreement and severally acknO'i.Jledged the cxecution
thereof to be their free aet and deed as such officers thereunto duly authorized; and
that the official seal of said municipal corpor~tion is duly affixed thereto, and the
said agreement is the act and deed of said corporation.
WITNE~'S my signature and official seal at Clean-later in the County of Pinellas
a04 State o'f'i'J;torida" the day and year last above \-nitten.
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BoDded by America. Hre & C..uahy Co,
STATE OF FLORIDA \ \
COUNTY OF PINELLAS ) L....
I HEREBY CERTIFY, that on this }~~ day of 4~'U:~'
~97~, befo*e me personally appeared N. S. GOULD, '--'and '
,~/'-"N 'b. \.)<UC\ ~ ' respectively President and Secretary-
't~~as~rer of 0.l m DISTRIBUTING INC., a Florida Corporation,
eXl.st~ng under the laws of the State of Florida, to me known
to be the individuals and officers described in and who ex-
ecuted the foregoing Agreement and severally acknowledged
the execution thereof to be their free act and deed ass~ch
officers thereunto duly authorized; and that the offictalseal
of said Corporation is duly affixe'd thereto, and said. agr~'e~,n~i:
is the act and deed of sa id corporation. :<,), '.' -' -,);
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WITNESS my signature and official seal at Cleal:'~a{En;:;~\in C:'.'.- 1
1::t C~~:~~ ~~i~~:~~las and state of Florida, the d~f:::~~'d ~~ef!\.r.,:i
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WTARY PUBLIC
My Commission Expires: