Loading...
SIDEWALK WAIVER GRANTED (40) ;.I-f '1;lY 'Ii , 70 0 13 C 2 9 2 , 1J.R. 3349 ~fj20 , ,~ ~,,' A G R E E MEN T THIS AGREE}lliNT, made and entered into this )L~day of by and between the CITY OF CLEARWATER, FLORIDA, a municipal corp referred to as "City"; and Fred J. Buckman, a single person, / hereinafter referred to as "Owner"; l2.- , 1970, r tion, hereinafter WITNESSETH: WHEREAS, the Owner owns the fo110,.,ing described real property situate.d in the City of Clearwater, Pine11as County, Florida: Part of Lot 41, Druid Groves Rep~at, also known as 1559 Bud1eigh Street and WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public right of vlay, which is to have new const.ruction on it, either for residential, commercial, industrial or other purposes, shall have sideHa1ks constructed by the owner on, across or adjacent thereto; and \oJHEREAS, the ~vner is ei.ecting certain new construction on said property and has requested the City at this time not to require the iuunediate installation and construction of sidewalks in connection therewith; 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 have such sidewalks installed, that the Owner Hill, upon notification by the City, have sidcHalks 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; NOW, THERE1.<'ORE, in consideration of the foregoing premises and other good and valuable consideration betHeen the parties, receipt of which is hereby ackno\vledged, the parties hereto covenant and agree as follows: ,- 1. The City vlill not at this time requir'c the installation and construction of sidewalks as part of the erection of the building and improvements by the Cl\<7ner 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 Hitb 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 Hith City specifications and standards as established. LI', If the Owner or his heirs, personal representatives, successors or assigns shall fail to have sidewalks installed for the describe~ real property in accordance "lith 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 Hork. _M'--"'-'-.-5'~'TRfs-'1I:-gt~emem: 1"3 tbD-c l"e-b~!de~-a---e~<::htii.1t r;.<a.r.ing \'i tl' th.{' l~_'1rl, regardless of Hhether 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 fo110Hing addresses, until receipt of written instructions notifying the other party of a different address: City: Mr. Merrett R. Stierheim City Manager P. O. Box 'f7'/B Clearwater, Florida 33518 Owner: Fred Buckman c/o Schwartz Construction P.O.Box 4147 Clearwater, Florida Co. I.- ~ -1- :iI = ~ :llI"'O o- r- :z: o~:= ~J;m ;-Cltn rnuO Zo::r:J a . c::7 ;;!! "" "'0- .,- cot_ 1;1:' ,.. II' A w w .. ....., ca , o/~.OI3-00(Y ~ Ii I I TI,~. 3349 ~621 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed th ay and year last above written. . FLORIDA A~Z~k=tncss: City At torney Witnesses: ~( f.~~ ~~.~~ ~~c:"~ As to City , /?(~~.~ d/~~ ~.~~ As to OIiTner Owner STATE OF FLORIDA ) COUNTY OF PINELLAS) I HEREBY CERTIFY, that on this :<.. ~ day of O.A'~ - .' A.D. 1970, before me personally appeared Merrett R. Stierheim, l.~-i:~rown, R.G. Whitehead and H. Everett Hougen, respectively City Hanager, City Attorney, City Clerk and Mayor- Conunissioner 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 official seal of said municipal c.orporation 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 of Pinel.las and State of Florida, the day and year last above written. My COniIni.ssion Expires: N t P br c State of Florida rt la."~ o ary u, I: . (,,, t 29, Wi';' My Comml)>Iu,1 txlllrfi5 &. gasuallY Co. ...;... ISU1d9,d ~Y. ~menGan. Ire /<~li~~~ ..' .I~-::~ l. Ut;~~"i' '.'c.-'c.~7); .,. 'itl .~,~""'.:.}.:u.;,..:,,~~~/ ,~~~:' ,- L "~.' : C;'.,' : 'i-" F;;<",~ . ~!'" " ~ ~ l. \ STATE OF FLORIDA ) COUNTY OF l?HIEl.U ~) Before me personally appeared Fred Buckman, a single person, to me well known and known to me to be the individua1$ 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 11th day of June My Commission Expires: Notary Public, State of Florida at Large My Commission Expires Sept, 5, 1971 60nrlprl hy lransamerica Insurance CO. - 2 -