SIDEWALK WAIVER GRANTED (16)
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THIS AGREElViENT,
by and between the '
to as "City"; and.
to as "Ownergj
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c'
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3/ ~
u. R.4004 fAtE 565
I
73034100
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4.~CRE2yfE~JT
L,
and entered inco this
CLEARWATER, FLORIDA, a
~ ~udaY of
ti
, 1922-
'after referreci
ereinafter referred
WITNESSETH:
of
,~
ycrest Te,rrace Su9-,
L ~~c., J~-d'-!-
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 theretoj and
i~
mlEREAS, the Owner 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 ~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 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 will not at this time require the installation and construction of sidewalks
as part of the erection of the building and improvements by the ~vner 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 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
<>.np-"':L~ns and standards within ninety (90) days from the notification by the City,
then the CitY--;-;-'~-4=-l1e_.!~e sidewalks installed and assess and impose a lien against the
described real property l.-;:---~~ cost of the work.
5. This agreement is to be reg~---~ as a covenant running with the land regardless
of whether it is specifically mentioned i;:q'\L-sI.~_eds or conveyance subsequently executed,
and this Clgreement shall bE:. binding QU)3.11 partl<-c;'-:''<~..cheirs,>personal representatives,
su c c~ s~()r~.().rassigns ._~~__C___H
---------.--..
6. All notices pursuant to this agreement shall be furnished t,.>t-h~ respective parties
at the following addresses~ until receipt of written instructions notifying+-he other party
of ,.a (U ffl'.!:Entaddr.ess: _ __u______
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida
1111 403'" 'lJ
~rDh-
~(
2001 Marilyn St.~ c'let=-k
33515
RECuROH
"NELLAS co. FLORIOA
~I-".~
33518 CUItIt CIRCUIT COURT
Thh irstnnnrnt W;~S brt';'):1red by:
HK:E:>~ r.:. I ;:;Y.'. .... "'j:/ Aaorney
City" (1. /,,;u:r,:. i), Box 4748
Cleal'w ater, Floi':(ia. ~i35 18
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARWATER, FLA. 33518
o t -0 1/ --00 (5)
~~ ' . ...
,
I
O. R. 4004 PAGE 566
~~
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year las t above written.
.
By
Attest:
APp,r,o,V~,d, ' s 10, ~fo an orrectness:
'~". 441J1~
City Attorney
Witzes: ,
p-~~
/7~C '
As to City
),>I[~~~
rJ-)-~~ ~
s to Owner .
STATE OF FLORIDA )
COUNTY OF PINELLAS )
k~
/& 3
I HEREBY CERTIFY, that on this [ day of , A.D. 197
before me personally appeared Merrett R. Stierheim, Herbert M. Brown, R. G. ~~itehead and
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Colmnissioner
of the City of Clearwater, a municipal corporation existing under the laws of the State of
Florida, to me known to he 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 D'unicipal
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 written.
My Cornnlission Expires:
~":';:;.,',~~'~,' :,,~A- ~.. ',,',' ,', "
,~~c~-' .;:6 ~
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.Jcary ~tbli2 ~/ .:~
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~~\~~ "u~.:_ !.t~te i;es Sept. 19, \973
.;fV (cmll1ls;.\Un b.ll f',o & co,uol\Y Co.
11;\ ~onded ~'i Am~r\,an I
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared r
to me well known and known 'to me to be t e individuals described
__~.<>~~g()ing agreement and acknowledged be ore me that they executed
therein expressed.'--
WITNESS, my hand and official seal this
55
day of
~~
/
A. D. 197.3.
V~?~
/ Notary Pub . c ,
My ConnnissionExpires:
NOTARY PUBLIC STATE OF FLORIDA AT LARGE
_ U>MMISSION EXPIRES SEP, 26, 1976
B0NDED THRU GENERAL INSURANCE UNDfRWRlfERS