SIDEWALK WAIVER GRANTED (64)
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AGREEMENT
THIS AGREEl-IENT, made and entered into this 22nd clay of _~':~_.___,_._, 19_-2?_
by ,'.rid. D~L~een the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as 'ICi ty"; and Daniel McMullen & C1ennnie W. McMullen (His Wife) hereinafter referred
to as II O1:vner ";
HITNESSETH:
WHEREAS, the Owner OHns the follo~ving described real property situated in the City of
Clearwater, Pinellas County, Florida:
and
Lots 10 & 11, Block "C", Lakeview Heights Subdivision
1331 S. Washington Ave., Clearwater, Florida
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, 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 installation ~onstruction
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 necessary to have such sidewalks installed, that the
Owner will, upon notification by the City, have side'valks 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 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 follows:
1. The City will not at this time require the installation and construction of sidewalks
as part of the erectio~ 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 o-wner, his heir s, personal
representatives, successors or assigns that the City in its sole discretion has determined
that it is advisable and necessary to have sidewalks installed in connection with said
described real property.
3. The Owner or his heirs, personal representatives, 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.
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 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, 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 party
of a different address:
City:
Mr. Merrett R. Stierhefm
City Manager
P.O. Box 4748
Clearwater, Florida 33518
Owner:
Mr. & Mrs. Daniel McMullen
1331 S. Washington Avenue
Clearwater, Florida
h' instrument was 1>repared by~
T lfl nrr CI.l 11PG'\^/N. C:ty Attorney
HERBEr., ~ i.l. .d '1' 4748
CitYbf Clearwater. ~. O. lOX
. Clearwater, FlorIda 33518
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CLERK CIRCUIT COURT
RETURN "Ot
CITY ctERI<
P.O. BOX 4748
CtJ;;~\ R WA 'l'1I;J~, J<'I W\, 8 ~5 i ~
JUl ,6 2 29 fH 'lZ
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~o.R.a826 PACE 8.51
lN WTTNESS WHEREOf, the parties hereto have caused these presents to be executed the
day and' y~r last above written.
Mayor
, \.,
City
Att~.~. '~.'.":.'.""'".'..".."...'..'
City Clerk
Witnesses:
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'1bln
Owner
STATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY, that on this 6:ztl.j day of . '. (l",L/ , A. D. 197 ~,
before me personally appeared Merrett R. Stierheim, Herbert M. Br~~TJ;. 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 individuals and officers described in and who executed the fore-
going Agreement and severally acknowledged the execution tbereofto be their free act and
deed as such officers thereunto duly authorized; and that the official seal of said municipal
corporation is duly affixei 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 Pine lIas and
State of Florida, the day and year last above written.
pZ~.' ~~
Notary Pub lic
My Commiffi,~PJ\Mi<~8&te%'f florida at large
My C:;imi~ iJnExpires Oct. 22, 1974
ioneed by Amerkan fi" & CasuaJty - Co.
STATE OF FLORIDA
. CDUNTY,OFPINELLAS,
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Before me personal~y appeared (l.,~~ ~"'ltJ ~~.d.. iJ. Jl/e)jtA~
to me well known and known to me to be ~~uals described in and who executed the
foregoing agreement and acknowledged before me that they executed the same for~h~"l?~rposes
therein expressed. \ ,';i":''''
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A:n'; 197 L.
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WITNESS my hand and official seal this
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day of
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Notary 'puhIY>"~
My Connnission Expires:
Notary Pub/' St
My Commi~;lon ~: pf Florida at Large
~onrlArl by Tr pIres Oct. 30. 1971
t\U~c;fIlI(;nICa Insurance ('/,)...
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