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SIDEWALK WAIVER GRANTED (116) _...;;0::;.-=-= - .".. (), '\)j' . ~ I 75064435 ;\(; I{ E E~ll':rn I 0'. R. 4291 PAGE1193 TillS M;I\EIIJH~NT, lll;lde and t'ntcrcd into tlds ___.__~____tL1Y o[_~____________ 1.1)-12_____.by and betW'.~ell the CITY OF CLEi\H\vATEJ\, FLOlUlJA, a municIpal corporntlon, hcn:lna(ter. referred to i1S "City"; and *. Edmund Krok and Pauline Krok (his wife) hereinafter referred to as "Owner"; -. - --.-------- WITNESSETH: WHEH'EAS, the Owner owns the following described real property situated in the City of Clearwater, Pinellas County, Florida, to wit: Lot 16 Block A 2637 Morningside Drive Carlton Terrace And WHEREAS, Section 7-6 of the Code of Ordinances of the City requires that all land that abuts a public right-of-way, which is to have new construction on it, either for resi- dential, 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 installation 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 necessary to have such sidewalks installed, that the Owner will, upon notification by the City, have sidewalks immediately installed at his ex- pense, 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 consideration 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 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 assigns shall at his expense within ninety (90) days from the notification by the City have sidewalks in- stalled for said described real property in accordance with City specifications and standards as estab lished. 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. 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, ~nd 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: City Manager PO Box 4748 Clearwilter, Florida Owner: Mr. Edmund Krok 2068 Dawn Drive Clearwater, Fla. ... JJ51R ~... , PINE' ..r".v'f;(,I:' , llAS :;0 ~ ~~rr7~~I"'I.~ ClERK CIRCUtr Co'm: lIAr ZZ 2 45 ~H '75 Thi~ fn~trument was prepared by: GUY L.K8NNEDY, JR., Acting City Attorney P. O. Box 4748 Clearwater, Florida 33518 -1- RETURN TO: CITY CLEEK P. O. BOX 4"148 CLEARvVATF;R, FLA. 33518 '\ rnC30 bD&;V ~ ': ~ I rr~ WITNE~;~,; WIlEHI~~t)ll, the p;.Il't.fes lH'r.nto t:he oay ;ll1d y('ar )a:.L abovl' written. I D. ~. 4291 PAGE1194 hnve cau:)(,cl fhl.!:;() presented to lH' S:' I~X('ctlted COlllltersj.gned: C~~~C2~ By CITY (] . /~ ~7 ~?orne? Attest: ~ ~ (J ~il~_/~~~~Ai' ~City Clerk , ' Approved as to form & correctness: w~/~ ( '~l (I. / c ~.' )7, ~..zt-Itu/ ./.ll .(!~_ As to City ~ ( SEAL) '--f1{1~~ m ~b-".e.' ~ X?~~ As to Owner (;J~~ ( SEAL) Owner STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this 22nd day of May __, 19 75 , before me personally appeared Picot: B. Floyd, Guy L. Kennedy, Jr. , _tuCidlle Williams and G;:th'Y'; 1011 C;:t7.;:t'Y'Pl=: , respectively City Manager,~~!ty Attorney, iCitx..Clerk and Mayor-Commissioner of the City of Clearwater, a mun~1k~gcorporatt6~P~Vsting 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 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 said corporation. STATE OF FLORIDA ) COUNTY OF PINELLAS ) seal at Clearwater in the County of Pi~ellas above written. "J. . .__.._:.....>>_.:..:....-_ ___~, . "". 0.J~e ~. ._~,..,~:./. '\' t - _,~ '-. '~'7\ . No ary Public '". .., ' i\.' ., '", : ',' .'~J7d ~ --.- .~ -" ' ~ :~ /- \ ~., '~/ t1 1 ".... ~"'~ / .~; ',,'_j "".. .' v..: ~1i>'.,.~\.~O 'flf...~....".~. '. ';'''"",:';:,. ; .",<\ ". WITNESS my signature and official and State of Florida, the day and year last My Commission Expires: Notary Public, State of florida at Large My Comminion Expire, Sept, 29, 1977 .lIdecl ~ AI.."ri"... r:.. & Cu,,,,,", Cv, My COlllnd.ssion Expires: Notary Public, State of Florida at Large My Commission Expires Sept. 14, 1976 Bef ore me person[dly appeared ~auline Krok' to Ole well known and known to me to be the individu~ls described in and who e~ecuted the foregoing agreement and acknowledged before me that they executed the saUte for the purposes therein expressed. .;....' .,.~~,.\':':',\ ' 'II/II/ M~, " ,19 ':~5., '; -''>) '~", j ':":'i l~J f:1 \ _~ ~.. :: c.) , ...,;, , , }./ c..' ~ ~ [11 ~ ~~_. '';' . \., :':'.~ ~.>'~~~- i.- Pub lil, <.'"T";,.J' ....-~ , ~ -~?.. ~'~~) ~~_''''-.1 ~'/)--., I /1) 'ill ~1 / \ ~": j"", -'! 1 WITNESS my hand and official se~d thl~;~h__day of 1/ I I I , j J I" ~' - '2- " I '.R.4291 PAGE1195 ST A TE OF FLORIDA COUNTY OF PINELLAS Before me personally appeared EdmUJld Krok, to me well known and known to me tobe the individual described in and who executed the foregoing agreement and acknowle4ged before me that he executed the aamefor the purposes therein expresse4. WITNESS my hand and official seal this j{'lb-day of May,A. D. 1975. Notary puLrc, Ski.:....) (!~ :i:..~' ,!:: c't !.-:"'1",'7-:;- My Comm;:i!iicn ~Xl1j!'f,5 i\U>;1 1 1':J78 ,knded by Ameri,an fire & Casualty Co. Public My Commission Expires: .3.