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SIDEWALK WAIVER GRANTED (235) " ~-.,"^", '1{ f, tt1 t!t:n:1"~ Il!MEUAS CG FLOR10- ~\_"1..~1 CLERK CIRCUIT COURT- ',,:..... -. ,.c..'v_..",_"",-k:-',,,-. ..._... -_',_ "", -..-.,..,:;. " ~~ 73040315 , ~ CLt--t:l 't / -<- .':') 0 2,-/9-/3 5 ~. k..4009 PAGE 205 MIl ZI 3 07 ~H '13 ~ iG:\ f ~.~ {:_~:;~ -.. TH!S _-i.C:<E=:,~=':;1T. ::n:1C.e _::.nd. .~!:L2!:"~,i ~ncc ":~"iis 19th la"lj' :~f March , ~9-LL- I' '~......-, "\T-' 'T.,....,.'"'Irr\ rry f''"''....,........' ~ -1...,-.....-.l""'l...L -~r......"'l'""'...L"n :_1P,;.,::l,l.r:;1::3joooL:-...~_- .,....=-'-=,~~~_.:~,_: by .::ina. :Jec':\,7:-,.:2n :-='~-.::' ~L':'.. ',....e !-.......~.....-\...:o.._..\j..;.-l._-=_:.;.'\.~ ?_vt'\.=.....}...'"1.~ ~ ~:-..:...........;...~:-"~ ,~v :-'l.J....J.-,:."""~ ~ - ---- --- - ---'----- to as "City"; and Edward F. Stypul and Alice Stypul (his Wife) hereinaiter reie!:'rsc to as "o..;ner"; WITNESSETH: \.JHEREAS, the O\mer owns the follmving described real property situated in the City of Clearwater, Pinellas County, Florida: 1520 Rosewood Lot 63 less E. 13' Glenwood Subdivision .:5Ge . 1/; ;)0- I~ 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, cornn1ercial, industrial or other purposes, shall have sidewalks constructed by the o\vneron, across or adjacent thereto; and vlliEREAS, the O\vner is erecting certain new construction on said property and has requested the City at this time not to require the innnediate installation and construction of sidewalks in connection therewith; and WHEREAS, the ~vner 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 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 Eor the cost hereof; NOW, TijEREFORE, 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 vlill not at this time require the installation and construction of sidewalks as part of the erection of the building and improvements by the O\vner on the above described real property. 2. The City may at ~ny 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 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 O\mer or his heirs, pL:r~.)!1ni representatives, successors or assigns shall fail to have sidewalks installed for the described red property in accordance \vi th 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 l~en 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: Edward F. 8typul 48 Linden Ave. Kearney, New Jer5~Y 07032' This jm;trUlrl:~l;f: V::H rrep:tred by: l-Il~I?~.l)IC1-~,~i' T~l. r:I-:'/- ,,- ~ f_~ity ...L\.ttorney City of Clc"il\v:.Lr, ,,' O. Box 4748 CJ€al'wator,V1Mida :~i15.:!8 RETURN TO: CITY CLERK P. O. BOX 4748 CLEARWATIm, FLA. 33518 " ( 'J"'" UV 01- 010-00 .... , .... I I u. k.4009 PAGE 206 IN WIT::.::3S ::.j'~ERE\='~.. :~.e jdr:ie:3 ;ler2CJ ~aVt ~aUS2c. the:3c: IJ("c.::.}2I1C~ ':0 :Je ~:(2C:lL':?C. c:-..t2 jay a.nd ~~f;1:1r ~3.S= .lDOVe '..rri.ct2n. CITY IDA By , , c'" City Hanage:f" Attest: ./" City Clerk .. ~Z20/;;CS: i ty At torney , Wi]:: ,y~ , ~ ~~~ As to Ci ~,.......... :?{~,~ As to ner STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this ,:z 7 day Of" q~....... , A. D. 197.:3 before me personally appeared Herrett R. Stierheim, Herbert H. Brown, R. G. v..Thitehead and H. Everett Hougen, respectively City Hanager, City Attorney, City Clerk and Hayor-Commissioner of the City of Clearwater, a municipal corporation existing under the lmvs of the State of Florida, to me knmvn to be individuals and officers described in and who executed the fore- going Agreement and severally acknowledged the execution thereof 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 s~id 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. L, ,'",''',''' ~ ,,'\'.'." , . . ~",-~'-","\',",',' '"~,,,~-'-',',;," ,",',,', ' , c~",~ )., (/_ '. .' .:: ;'r+j Puh:1.,~_c L_ "'", .. , . , My Commission. Expires: Notary Public, State of Florida at Large 'iA'I C9AII;;Jirri~1l 1="::..,,, '''pi JC) 197J Booded By American Fire & Casually Co. ....'--'. ~.. ,~ ~, '"'- :;. \J...., ',. :: _\' . """ \; ~ v. C .. " . ,,' .',~ ," , '.... STATEO!" FLORIDA ) COUNTY OF PINELLAS ) Before me personally appeared 6w~eo F STIy'170L ~NO AleE S;r,P;/- to me well 'known and knm-lU 'to me to be the individuals described in and \olho execute,d the foregoing agreement and acknowledged before me that they executed the same f0.J;.:tJlc' 'p1,1ti,oses therein expressed. '- ,.:...: -.; WITNESS my hand and official seal this / ~ z:tl \ day of ... ...~ ... ~~j'~~ ~j.~~'~}9?3 ' " Jj.Jiy):.J;~ My Commission Expires: NOTAR~ NJEU.c STATE ('lr ~! . 11\', COMf:\lSS/ON ~'',i;ir,~s~:,.~A AT tJ.~~E 60Ni'FTI ~'''''~;I, c;~r'JLRAi" .'. ,...::.. ...~:'~. :~5, 1977 J. ,~."t."i'<Ct UNOERWRITER~