SIDEWALK WAIVER GRANTED (146)
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to/~ --" ~ ~1;.t;;;ll AGRE~=~ og.~,1"~3762 PAtE 292
THIS AGREEMENT, made and entered into this 31st day of
by and between the CITY OF CLEARWATER; FLORIDA, a municipal corporation,
to as "City"; and Frank E. Pokorny & Elsie H. Pokorny (His Wife)
to as "Owner";
March , 19 72
hereinafter referred
hereinafter referred
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
and
Lot #13, Block A., Fairview Subdivision
18-20 N. Evergreen, Clearwater
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 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
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 consideration of the foregoing premises and other good and valuable
consideration between the parties, r~ceipt 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 OIvner, 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
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,
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:
07-0 (4- 0060
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City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
Owner:
Mr. & Mrs. Frank Pokorny
1633 Harvard
Clearwater, Florida
RETURN TOt
CITY CLERK
P. o. n(\"~ 4748
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:O.R. 3762 PAGE 293
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IN WITNESS ~IEREOF, the parties hereto have caused these presents to be executed the
day and year. last above written.
By
City
AP~~SS:
--City At torney f
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Witnesses:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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I HEREBY CERTIFY, that on this _ day of , A. D. 197 ~ ,
before me personally appeared Merrett R. Stierheim, Herbert M. Br wn, R. G. Whitehead and
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner
of the City of Clearwater, a municipal corporation existing under the laws of the State of
Florida, to me known to be 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 municipal
corporation is duly affixad 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 Pin ell as and
State of Florida, the day and year last'above written.
~~';;S)~
Notary Pub~ic
My
Commission Expires'
Notary Pllbl:t, State of Aorida at Large
My (01'1<:;,,:1 E~::::res Oct. 22, 1974
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared,
to me well known and known 'to me to be the individuals described in
foregoing\~~fltementand acknowledged before me that they executed
therei\\\l~~~pe 9 ~t!"d"
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