SIDEWALK WAIVER GRANTED (179)
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AGREEMENT
THIS AGREEMENT, made and entered into this S-of"t day of ,4~1It ~+ ,1971 ,
by and between the CITY OF CLEARi'JATER, FLORIDA, a Flupicipal<::orp ,ation, -
hereinafter referred to as "City"; and Oehl'1~S O. l-I&d~"Of!" . an)
hereinafter referred to as "Owner"; Cu......le. L. J.I"rld,,~e'
\HTNESSETH:
WHEREAS, the Owner owns the fOllowing described real property situated ln
the City of Clearwater, Pinellas_founty, Florida:, C- I! L
,q(, I Or.ew r+,.. f'~T \u a.... ryeV'" )"tlY U LtY'OTa. S:, .
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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, cow~ercial, industrial or other purposes, shall have sidewalks
constructed by the owner on, across or adjacent thereto; and
and
WHEREAS, tIle Owner is erecting certain new construction on said property
and has requested the City at this time not .to re~uire 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 condideration between the parties, receipt of which 1S hereby
acknowledged, the parties hereto covenant and agree as follows:
1. 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 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 neccessarv to have sidewalk
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or assi~n
shall at his expense within ninety (90) davs from the notification by the City
have sidewalks installed for said described real property in accordance with
City specifications and standards as established.
Ii. 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 Hithin ninety (90) days
from the notification by the City, then the City may have the sidewalks
in-st;a.lled.andassnessnand impose .a_-lienagBinst__th_en d~9_c_r_i:QeQJ"~aJp:ropert.:y for
the cost of the work.
5. This agreement 1S 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 addresses, until receipt of written
instructions notifying the other
City:
Mr. Merrett R. Stierheim
City Hanager
P.O. Box 4748
Clearwater) Florida 33518
This iv.strumcnt was prepared by:
HERBEI:T III. Ei\O V/N. City Attorney
City of Cleal'Watc-t, P. O. Box 4748
Clearwater, Florida 33518
party of a. different address:
Owner: '. J
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O.R. 3608 PAGE 431
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WITNESS WHEREOF, the parties hereto have
day and year last above written.
to be
TEl<., FLORID!\
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Deputy Clty Cler,
Witnesses:
co~ X), A
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
;'ILucille Bell ,; if /) J
I HEREBY CERTIFY, that on this .::2( day of UA.---<-.1'IU;:;.'( , A.D. 197 / ,
before me personally appeared Berrett R. StierheimV Herbert M. Brovm~
*R.~. :J1.":'L~l.~~a and H. Everett Hougen, respectively City 11anager, 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 affi.xed thereto, and
the said agreement is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
Notary Public. State of Florida at blrlJ"
My Commission Exp:res Sept. 29. 1973
Bonded By American Fire & Casualty Co.
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;';Deputy
My Commission Expires:
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
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to me well known and known to me to be the individuals described in and who
WITNESS
foregoing agreement and acknowledged before
same for the purposes therein~ssed.
my hand arid official seal thi day 0
executed the
executed the
Mv Commission Expires:
NotARY PUBLIC. STATE OF RORIDA"AT URGE
MY COMMI~SION EXPIRES NOVEMBER 24. 1972
.ONDED THROUGH FRED W. DIESnulORST