SIDEWALK WAIVER GRANTED (5)
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G.R. 3635 PAGE 72
AGREEHENT
THIS AGREEHENT, made and entered into this 24tH day of SppTPmnp-r& 19 7 ~,
by and between the CITY OF CLEARhlATER, FLORIDA, a T'lunicipal corporation,
hereinafter referred to as "City"; and t'1r. Donn HcKnir::hT, rmrl "hi<=: r.7;TP
hereinafter referred to as "Owner"; Mrs. Estelle HcKnight
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated In
the City of Clearwater, Pinellas County, Florida:
and
1433 Regal Road, Clearwater, Florida
Lot 17 & E 5' of Lot 18 Solar Crest Subdivision
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 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 con~ideration 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 erection of the building and
improvements by the Owner on the above described rea~ 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 sidewalke
installed in connection with said described real proper~y.
3. The Owner or his heirs, personal represenatives, successors or assigns
shall at his expense within ninety (90) days from the notification by the City I
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.
~s. This agreement is to be regarded as a 60venant 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 party of a different address:
City: Owner:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
Donn HcKnight
1433 Regal ,Road
Clearwater, Florida
33518
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.1LR. 3635 PrAtt 73
_. tN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year last above ~vri tten. ,".'
;;t!-<~~/~ 73~
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to City
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C~ UnO ~ .; 'i\.ts:... q.(~
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Witnesses:
As
STATE OF FLORIDA )
COUNTY OF PINELLAS)
G. B. Weimer
I HEREBY CERTIFY, that on this 4-#1 day of a~ , A.D. 197 I ,
before me personally appeared M9FF~tt R. 8ticrhci~, Herbert M. Brown~
R.G. Whitehead and H. Everett Hougen, respectively*City Manager, City*Acting
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 theremf 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 seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above Hritten....
~-'~~4f~
Octary, .uhllc ..
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My Commission Expires:
"Notary Public, State of Aorida at large
My Com::.:s:i~\1E:-:pircs Oct. 22. 1974
Rnnr!Ad hy American fire &. Casualty Co.
"1:
, 'II ' , \
STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me personally appeared
"tome-wellkriown and known to me to be the individuals described nand vlho.
executed the foregoing agreement and acknowledged before me.t\I1.~~~,j!~fi,~y
executed the same for the purposes therein expres sed ..".>, \\:,,::,',~."'~",...
WITNESS my hand and official seal this~ay Of~~~.::~t:P. "
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Thitl instrument \\',t-' prepared by:
H~RBER1' M. rm"j '..'='i. C.ty Attorney
CIty of Clearwatf'.!', P. O. Box 47~
$JJea.rwater, Florida 33518