SIDEWALK WAIVER GRANTED (145)
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G.R. 3623 PACE 4.59
AGREEMENT
THIS AGREEMENT, made and entered into this ....L..~ay of ~J?'-:.,197_/,
by and between the CITY OF CLEARItJATER, FLORIDA, a P1unlclpal c~,
hereinafter referred to as "City"; and Forestn Giffin, Jr. , and L'~atrice 1. Giffin
hereinafter referred to as "Owner"; (his wife)
WITNESSETH:
WHEREAS, the Owner
the City of Clearwater,
owns the fOllowing described real property. situated in
Pinellas County, Florida:
600 South Betty Lane
Lots 10,11,12 & 13, Block U
Hibiscus Gardens Sub.
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, 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 installa-
tion 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 neccessary 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 th~ City may have said installation made and impose a lien against the
descri~ed real property for the cost thereof;
NOW, THEREFORE, in consideration of the foregoing premises and other good
and valuable condideration 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
',,<!iscretion has determined that it is advisable and neccessary to have sidewalk
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors'or assiqri
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 specifications and standards within ninety (90) days
from the notification by the City, then the City may have the sidewalks
insta.llen_and-assess- and c impo se aJ.-ienaga-iB-s:tt he de seribeclurea 3:pr'o pertyfo Y'
the cost of the work.
5. This agreement 1S to be regarded as a covenant runnlng 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, 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: Owner:
Mr. Merrett R. Stierheim Mr. Forest Giffin, Jr.
City Manager 2049 Nursery Road
P.O. Box 4748 Clearwater, Florida 33516
Clearwater, Florida 33518
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O.R. 3623 'ACf,,460
these til"~5c:dLt; to be~
IN WITNESS WHEREOF, the parties hereto have
executed the day and year last above written.
FLORIDA
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Approved as to fO~SS:
~~
Witnesses:
STATE OF FLORIDA )
COUNTY OF PINELLAS)
,
I HEREBY CERTIFY, that on this /';) day of ~K)()-;::frC:.J, A. D. 197 I
before me personally appeared Merrett R. Stierheim, Herbert M. Brovm,
R.G. Whitehead and H. Everett Hougen, respectively City Manager, City
Attorney , City Clerk and l1ayor-Commissioner of the City of Clearwater,
a municipal corporation existing 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 there0f 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.
My Commission Expires:
seal at Clearwater in the County of
and year laS,~:~ove Hritten;
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WITNESS my signature and official
Pinellas and State of Florida, the day
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RotaFi' PuWie, State III Rcridll lit hr!ll.
My: Commission Expires Sept. 29. 1973
,~. ~d!c! ~)( Arn.ri~aq fir. e. Casualty Co.,
STATE OF FLORIDA )
COUNTY OF PINELLAS)
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.. Before me personally appeared FOREST GIFFIN, JR. and LEATRICE I.
------GIFF~-nrs-wife;- _. ~-~~- ..'---~ ----~---------- -----------
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~day Of~A.D. 197!l-
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My ~ommis,sion Expires:
otary Public, State of Florida at large
My Commission Expires Apr. 3. 1972
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