SIDEWALK WAIVER GRANTED (63)
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ClERK Cili';U; I (,;QURT
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AGREEMENT
THIS AGREEMENT, made and entered into this /5 day of -&AI'e ,1971
by and between the CITY OF CLEARWATER, FLORIDA, a J"lunici)2iil corporation,
hereinafter referred to as " City"; and r?l./-s70J'~L/ :ve. ~~c~ ~c.,
hereinafter referred to as "Owner";
WITNESSETH:
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~,~~ WHEREAS, the Owner is erecting certain new construction on said property
~"2j 0 ~ and has requested the City at this time not to require the immediate installa.
. .;_.~tion and construction of sidewalks in connection therewith; and
.~, p'... ~ $...4
, 0
, G ~~ 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
~:: t~sidewalks installed, that the Owner will, upon notification by the City, have
E ,,:; :~ .~ sidewalks immediatelvinstalled at his expense, and if he should fail to do se
i~~~ ~then the City may have said installation made and impose a lien against the
; gg 0 Gdescribed real property for the cost thereof;
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WHEREAS, the Owner owns the following described real property situated II
the City of Clearwater, Pinellas County, Florida: ~ ~~i~,~
~ ~ ~ tfS- ('/(. ~L,c;t:' ~ 02~ .4e/C/;-h-"" ZS p~ /1 ,
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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, cowmercial, industrial or other purposes, shall have sidewalks
constructed by the owner on, across or adjacent thereto; and
and
NOW, THEREFORE, in consideration of the foregoing premises and other gooe
and valuable con~ideration between the parties, receipt pf which is hereby
acknowledged, the parties hereto covenant and agree as follows:
1. The City will not at this time re~uire 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 sidewal}
installed in connection with said described real property.
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3. The Owner or his heirs, personal represenatives, successors or assi~I
shall at his expense within ninety (90) days from the notification by the Cit~
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 propertJ
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 fOI
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 conveyance!
subsequently executed, and this agreement shall be binding on all parties, thf
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: Owner. , ~
Mr. Merrett R. Stierheim eO..>!;ff/ '&A-'-~ j?", Le.c.1 J -vc.
Ci ty Manager ~ <.' i-
P . O. Bo x 4 7 4 8 ;% I g 52 J.) r c. \.oV ~-
Clearwater, Florida 33518 /)L ~1e"- P."'nJ4
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JUl3584 nf,f 212
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IN WITNESS WHEREOF, the parties hereto have
executed the day and year last above written.
be
APprov~~ess:
~torney
Witnes.se, s: . I
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
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I HEREBY CERTIFY, that on thls day of ~'G'--./L , A.D. 197 ,
before me personally appeared t1errett R. Stierheim, Herbert M. Brown~
R.G. Whitehead and H. Everett Hougen, respectively City Manager, 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 there0f 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
Pinellas and State of Florida, the day
seal at Clearwater in the Coun"ty~of
and year last above written.
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My Commission Expires:
,Notary Pu~Ii:. Stale of Fln.;"~ Tt Large
.v'y COll1miSSIDnExl!i[~s SqJI. 29, 1973
SORded By American fila & Ca:;uauy ,'9.s
Before me personally appeared
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
to me well known and known to me to be the individuals desc
executed the foregoing agreement and acknovlledged before me
executed the same for the purposes therein expressed.
WITNESS my hand and official seal this-Ll.-day
of ~....~ ,A".}l. "19:7 I
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