SIDEWALK WAIVER GRANTED (41)
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R 3327 PAGE 411
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AGREEMENT
THIS AGREEMENT, made and entered into this.
25
da y of
April
, 1970, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, herein3..fter referred to as "Cityll;
and
. Fred w. Cu1kar and Anna Mae Cu1kar~ his wife,
hereinafter refe'rred to as "Owner'y.....
WITNESSETH:
WHEREAS, the Owner owns the following described real property
situated in the City of Clearwater, Pinellas County, Florida:
Lot 36 and 37, Druid Groves' Rep1at, also known as 1570 Bud1eigh Street
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and
WHERE.AS, 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 reques'ted the City at this time not to require the immedia.te
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 thereof;
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;~R 3327 rAGf412
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NOW, THEREFORE, in consideration of the foregoing premises and
other good and valuable conside ration between the parties, receipt of which
is hereby acknowledg~d, the par.ties hereto covenant an~ 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 improve-
ments by th~ OWn~r on the above described. real property.
2. The City may at any time in the future notify the Owner, his
heirs, personal represe'nt~tives, 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 heir,s, personal representatives, successors
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or assigns shall at h~.s expense within ninety (90) day~ from the notification
by the City have sidewalks installed for said described real property in.
accordance witli City specificatio:Q.s and standards a? established.
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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 'h~ve .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
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 a~dresses, until receipt of written instructions
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notifying the other party of a different address:
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, ..City:
Mr. Merrett R. Stierheim
City Mana ge r
PO Box 4748
Clearwater, Florida 33518
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:; It: 3327 rAGE 413
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Owner:
Mr. & Mrs. Fred W. Cu1kar
1414 San Juan Ct.
Clearwater, Florida
,
IN WITNESS WHEREOF, the parties hereto ha.ve caused these
o be executed the day and year last above writt~p..
FLORIDA
0"
MA'+ 1 4 197().
Witnesses:
7!:.ru-<r -' -e ~g / :JfB~
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Owner
ST A TE OF FLORIDA )
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COUNTY OF PINE LLAS )
I HEREBY CERTIFY, that on this /~day of r0J~,
A. D. 1970, before me personally appeared Merrett R. Stierheim,. erbert M.
Brown, 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 the individuals and officers des cribed in and who executed the
foregoing Agreement and severally acknowledged the execution thereof to be
their free act and deed as such officers. ther.euntoduly 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.
. :;.>;, ,WITNESS my signature and official seal at Clearwater in the County
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.\~ .;~:~~-tl~~ and State of Florida, the day and year last above written.
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STATE OF FLORIDA )
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COUNTY OF PINE LLAS )
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JR. 3327 PAGE 414
Before me pet'sonally ap'peared ';'''_.__n,..~_ Fred W. Cu1kar and
Anna Mae Cu1kar, his 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
A . D. 1"9 70.
My. Commission Expires :
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