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SIDEWALK WAIVER GRANTED (181) ~ \'\ ... '\.-- I ),(00.,7077 I n.r;, 3377 PACt 105 ~~ A G R E E MEN T II~ THIS AGREEMENT, made and entered into this ~day of by and between the CITY OF CLEARWATER, FLORIDA, a municipal corpor tion, referred to as "City"; and E=.OMvND P. y i51'l.J(6FtIl..A J: W"'''OST/fCLJP hereinafter referred to as "Owner"; , 1970, hereinafter ' WITNESSETfI: WHEREAS, the OI.mer owns the following described real property situated in the City of Clearwater, Pinellas County, Florida: Lot 9, Block B, Skycrest Unit C, also known as 304 So. Corona St. and WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public right of \vuy, which is to have new construction on it, either for residential, conmlercial, industrial or other purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and wlIEREAS, 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 Owner has agreed that if in the future the City, in its sole dis- cretion, determines that it is advisable and necessary to have such sidewalks installed, that the Ovmcr vli11, upon notification by the City, have sidewalks innm;diately 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 consideration betvleen the parties, receipt of vlhich is hereby acknowledged, the parties hereto covenant and agree as follows: 1. The City will not at this time require tbe installation and construction of sidewalks as part of the erection of the building [wd 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 it~ sole discretion has determined that it is advisable and necessary to have sidewalks installed in connection with said described real property. 3. The O\-mer 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 spec:lfications 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 re~l property in accordance with City specifications and standards within ninety (90) days from the notification by the City, then the City may have the sidc\Valks installed and assess and impose a lien against the described real property for the cost of the work. 5. This agreement is toP.gJ,8ll;-arded.as_acovenant.--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, their heirs, personal representatives, successors or assigns. 6. All notices pursuant to this agreement shall be furnished to the parties at the following addresses, until receipt of written instructions the other party of a different address: City: Mr. Merrett R. Stierheim City Manager P.O. Box 4748 Clearwater, Florida 33518 respective notifying Owner: ABc '3 EJ) f-.i V Nl> f. w,,,, i) STle. v P o2.ol:,9 L',+tle. Ne.ck. fl Qlwt... F [C\... 33S1 S ) p::,-'r;"DED ' \ 'h . \. f\. .~:,'::l, ... .~O. FlORIDA II..!", - f'O~E, CURl 4 .2 ," '70 -1- - aJ:}) I I D.!1. 3377 PAGE10B IN \VITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. APp~orm & correctness: '72 . ~~ (City AttOrney m . witnesses~ .-K3~ -tl/~ . rv>-4 ~-rAhL4 d. ~AJ As to City I.~~ ~/~A~' As to Owner ....~~~~ ... ........ /.--i, .--.---~-:,~- .0 80Jvt.~~~~ ~ner STATE OF FLORIDA ) COUNTY OF PINELLAS) I HEREBY CERTIFY, that on this ___J.[~;lvday of __~.~-<.lZ:; A.D. 1970, before me personally appeared Merrett R. Stierhdm, Herb;rtJi1:-i3~'~, R. G. hlhitehead and H. .Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor- Cormnissioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, to me knovln to be the individuals and officers described in and who executed the foregoing Agreement and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and t11at the official seal of said municipal corporati.on is duly affixed thereto, and the said agreement is the act and deed of said corporation. ""WI1NESS my signature and official seal at Clearwater in the County of Pinellas ?n(f,S.t~:te of Florida, th('O day and year last above written. .... ,oj ~~-b~~ Notary Public 'MyCormnissio.n Exp.ires: N~Pub!ic,. $iaic 'Of Flonda at urge My tommiHilln Exllires Cd. 22, 1970 B......l..J I) .. al!lill"i_A, f"v- ... ru....ltr ~ STATE OF FLORIDA ) COUNTY OF PINELLAS) Before me personally ap::=~ P a~~ tf ~ tJ . ....,/,..;,:) to me Ivell known and known to me to be the individuals described in and who e~c<::',u~ed~; /, . the foregoing agreement and acknowledged before me that they executed the same:~h~""'" the purposes therein expressed. ";/0 i ~j . '.', r, . WITNESS my hand and official seal this :1 ~, day of A. 0."- 1.970..:. /. ....~. ~(,./', / ' ; .<~~:::.. . My C onlIlri.s.~.i OIL Exp' ire s : IWlftlt'I ruouc, STATE C:: Fl~~'~.~ AT L".~!;l MY COMMISSION E;~?mES r!oY. 4. 1973 8GIIIm IHIfJ FRED Vi. DJESTElHORST 2 -