SIDEWALK WAIVER GRANTED (66)
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O.R. 3343 ~cE'l36
A G R E E MEN T
THIS AGREEMENT, made and entered into this /~y of
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corpo
referred to as "City"; and Edward E. Foster a sin 1e erson
hereinafter referred to as "();17ner";
, 1970,
hereinafter
WITNESSETH:
mlill{EAS, the Owner owns the following described real property situated in the
City of Clearwater, Pine11as County, Florida:
Lot 1, Block W, Brookhi11, Unit 8.
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,
c01lTIll.ercta1, industrial or other purposes, shall have sidew'a1ks constructed by the
owner on, across or adjacent thereto; and
WHEREAS, the ();mer 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 there'vith; 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 bave such side'17alks
installed, that the Owner '17ill, upon notification by the City, have sidewalks
i1lTIll.ediate1y 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 forc;going premises and other good and
valuable consideration between the parties, receipt of which is hereby acknmv1edged,
the parties hereto covenant and agree as follows:
1. The City ,.,i11 not at this time requiTe 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 property.
3. The Owner or his heirs, personal representatives, successors or aSBigns
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{fications 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 Hithin ninety (90) days from the notification
by the City, then the City may have the sideHa1ks installed and assess and impose a
_ lien against the ~escribed real property for the cost of the work.
5. .This agreement is to be regarded as a covenant running Hith 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 respective
parties at the following addresses, until ~eceipt of written instructions notifying
the other party of a different address:
City:
Mr. Merrett R. Stierheim
City Mana,~e~
P. O. Box 1'718
Clearwater, Florida 33518
Owner:
Edward E. Foster
P.O. Box 86
Clearwater, Florida
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.O.R. 3343 PAGE 137
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day. and year last above written.
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Approved as to for & correctness:
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Owner
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this /;?t:/- day of ~ , A. D. 1970,
before me personally appeared Merrett R. Stierheim, ~-tl1": Brown, R.C.Whitehead
and H. Everett Hougen, respectively City Hanager, City Attorney, City Clerk and Mayor-
Commissioner of the City of Clearwater, a municipal corporation existing under the
laws of the Stat.e of Florida, to me known 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
that the offici.a1 seal of Gaid municipal corpClrnti.on is duly affi.xed thereto, and the
said agreement is the act and deed of said corporation.
WITNESS my signatUl~e and official seal at Clearwater in the County of Pine11as
and State of Florida, the day and year last above written.
My Commission Expires:
Notary Public, Statc of r-!crida iit Large
M, (9Ii1FR:~,ieA E";iir'J' Sept .,Q lQn
Bondod By American Fire & Casualty Co.
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me personally appeared
Edward E. Foster, a single person,
to me well known and known to me to be the individuals described in and who executed
the foregoing agreement and acknowledged before me that they executed the same for
the purposes therein expressed.
WITNESS my hand and official seal this
28th
day of
May
A.D. 1970.
My Commission Expires:
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Nota~ Public, State of Florida at [tfrg~
My ommisslon I:.xplres Sept. 5, 1911
80ndedby ]jansame(icalnsurance C.o..
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