SIDEWALK WAIVER GRANTED (38)
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O,R. 3545 PAGE 584
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MAY 20 4 14 PH '1\
THIS AGREEMENT, made and entered into this
by and between the CITY OF CLEARWATER, JL~ A,
hereinafter referred to as " City"; andy~
hereinafter referred to as "Owner";
AGREEMENT
WITNESSETH:
WHEREAS, the Owner owns the following described real property ~i~uqted
tZ/,i;::; ;~~e/?~;:;.ty. Florida: /-5'6>'1 /l77~~
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and
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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
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~~ WHEREAS, the Owner has agreed that if in the future the City, in its sole
~ ~ootliscretion, determines that it is advisable and neccessary to have such
. ~~sidewalks installed, that the Owner will, upon notification by the City, have
~ff ,=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
~~'gdescribed real property for the cost thereof;
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~~~ ~ NOW; THEREFORE, inconsid~ration of the foregoing premises and other good
l~~ ~Band valuable con.ideration between the parties, receipt of which is hereby
-~ ~ ;pcknowledged, the parties hereto covenant and agree as follows:
J [-I G ~j
:~~~ 1. The City will not at this time require the installation and
@~ construction of sidewalks as part of the erection of the building and
~Q 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 neccessary to have sidewalk:
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or assign:
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
insj:~J..led.aDc:lass~ss and.impose a lilS_n ag~i.l}.~t theg..e:scribeci !,~alpr'()Ee:r:'ty 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, 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
'City Manager
P.O. Box 4748
Clearwater, Florida 33518
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o.R.3545 PAGE 585
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IN WITNESS WHEREOF, the parties hereto have caused these pre~ents
executed the day and year last above written.
By
APpro~~~ess:
C~torneY
Witnesses:
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(
STATE OF FLORIDA )
COUNTY OF PINELLAS)
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I HEREBY CERTIFY, that on this ~~iday of f/7~, A.D. 197.1-..,
before me personally appeared Herrett R. Stierhelm, HefFbert 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 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. '
WITNESS my signature and official seal at Clearwater in the Cotiiity of
Pinellas and State of Florida, the day and year last above writteh.
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ot,c:lrT'Y P\iblic " Y
My Commission Expires:
Notary Public, Sb\e 01 Florida ilt lilrge
My (;),;;:',1::;0<1 b;::res Od. 22, lS'14
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
,
- --Before-me -p~~sonaU_y- app<>are<l ~~L~~
to me well known and known to me to be the individuals described in and who
executed the foregoing agreement and acknowledged befo~e me that they
executed the same for the purposes therein expressed.
WITNESS my hand and official seal this~day
of );"j A . D . 197..L..'
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My Commission Expires:
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O.R. 3545 PAGE 586
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A survey of lot 12 of Druid Groves Replat (as per plat recorded in
Plat Book 46 Page 1, Public Reoords of Pinellas County, Florida).
June 18, 1958
I hereby certify that the above 1,s a I
true -'r-ep-r'B'S enta t1:otYot'~prape.r~::;-----I-.-
described and tha t ther,fi\a~.e.~n6~,-'<~-c,. ; !
encroachments. __~:~., ....'v'- ,-' '</v,' ' i
I / ~ ~ / r 1)'?}; o:j,' .~~.__. :
Harald R. Johnson "', ,jV ,"
Reg, Land Surveyor #74~v./;~,".. <~ /" ,,,,;'
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Su rv e y r c c he> c h' d a. nd re c e rt l'f(~}-:'7-:~---- '
Prepared by:
Johnson &: Al\H~cLt Co
Land Planning & ~glneer1ng
Clearwater, Florida
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}' e b r ua l' Y 3, 1971
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W. O. 758-6012
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