SIDEWALK WAIVER GRANTED (65)
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D. R..40fJ PAGE 91
111: I S AGREE:'IE2'TT.. -n;1~e. ,l.nd 2 n C 2 r ~ '.1 1.. rU:\.J ~:: i ~~
?LCRIDA, ~ municipaL ~arporati0n, ~erel~ai:'~= ~2:2=~2~
hereinafter rererrec
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by J.nd ~2t:v--:-22n th~ (:"LTY JF. .~:T~:::...~.~JL\.T:::R,
to as "City"; and Delbar, Inc.
to as "o."ner";
March
~'? 73
WITNESSETH:
WHEREAS, the ~lner Owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
Lot 7 1st Addition
Boylan Subdivision
1319 Boylan Ave.
Clearwater, Fla. ".r) 'J r)C1, I'
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and
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 ~vner is erecting certain new construction on said property and has
requested the City at this time not to require the immediate installation 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 necessary to have such sidewalks installed, that the
Owner will, upon notification by the City, have sidewalks irrnnediately 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 conside'~ation 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 ,,,ill 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 necessary to have sidewalks installed in connection with said
described real piupe:c l:y.
3. The O\vner or his h~i-:;:'~;p_~rsona1 representatives, successors or assigns shall at
his expense within ninety (90) days I=cm tDe notification by the City have sidewalks installed
for said described real property in accordance with City specifications and standards as
established.
"-
4. If tho o'mer or his heirs, pen:.,:ma1 representatives, successors or assigns shall
fail to have sidewalks installed for the described rcnl 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 l1en 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. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
.Owner:
De lbar, Inc.
12025 Seminole Blvd.
Largo, Fla. 33540'
Thfsinstrument was prepared by-:-
HERBEI~T M. DlcO'<//JJ, C,tv Attorney
City of Cleanvatei., 1'. O. Box 4748
Clearwater, Florida 33518
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RETURN TO{
CITY CLERK
P. O. BOX 4748
CLEARWATER, FLA. 33518
D?-Olg-oO~{~o/
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c. R.4013 PAGE, 92
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CITI~,Y ~,'. .' ..~',L.~,~D.A
By , .
City Manager
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Approved as to form and correctness:
y~'~
City Attorney ~~
Witnesses:
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As to City
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As to Owner
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WITNESS my signature and official seal at Clearwater in the County of Pinellasand
State of Florida, the day and year last above written.
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My
Commission Expires: l
t Florida at arge
Notary Public, State. 0 S t 19 \973
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STATE OF FLORIDA
COUNTY OF PINELLAS
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to me well knm-m and knmm to me LO be the individud:~ descri i.n
foregoing agreement and acknowledged before me that they executed.
therein expressed.
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nd who executed the
same for the purposes
Before me personally appeared
WITNESS my hand and official seal this
~A .
./ t , day of
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My Commission Expi.res:
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