SIDEWALK WAIVER GRANTED (72)
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Cl.UJ( CIRCUIT COURT
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('(~)~~" ~~ - (J,R.3702 PA(;E 269
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AGREEl-1[]lT
TIns AG}~[l~!,jENT, mac1(~ and. enter'ed into t}lis _,?-2__.._c1ay o:ltLecember ,_, 1971-\
by andlwt\,.'een t}lC CITY OF CLE!\FZ\'lNI'ER, FL01UD^, 2 J'\urncipal corpora t.v-))),
heJ:'einaftcr refer-:r-ed to as "Ci'ty"; and Fred~__;:md Annel.iese Tqyl C)Y'
her-einaf'tel' r(~fc;rr'ed to LlS "0vmer''';
\vI'l'NESSETH:
WHEREASt the Owner owns the following described real property situated l~
the City of Clea.r~'Jater, Pinelllls County, Florida:
~ot 21, Block C,Brookhi11 Subdivision Unit -2
1468 aivergreen - Ave. '-'---"--. .
and
WHEREAS, Ordinance No. 1219 of the City requires that all land tIlat abut5
a public right of way, which is to have new construction on it) either for
residential, commerci~l, industrial or other' purposes, shall have sidewalks
constructed by the owner on, across or adjac~nt thereto; and
WHEREAS, tIle Owner is erectins certain new construction o~ said prope:r-ty
and has requested the City at this time not to reollire the immediate installa-
tion and construction of sidewalks in connection therewith; and
WHEREASt the Owner has agreed that if in thefutu~e the CitYt 1n its sole
.discretion, determ~nes that it is advisable and neccessary to have such
sidewalks installed, that the Owner will, upon notification by the City, have
sidc\valks immediately installed at his expense, and if he should fail to db ~~C'
then the City may have said installation made and imp~se a lien agaillstkhe
described real propel'ty for' the cost thereof.;
NOW, THEREFO~E, in consideration of the foregoing premises a~d oiller' goc~
and vciluable consideration between the p~rties,receipt of which is hereby
acknowledgedt the parties hereto covenant and agrei as follows:
,1. The City will not at this time ~equi~e the installation and
construction of sidewalks as Dart of the erection of the building and
improvements by the Owner ori iheabove described real property. ,-
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2. The City ~ay at any time in the future notify the Owner& his heirs,
pers9nal representatives, successors or assigns that the City in its sole
discretion has determined that it is advisable and neccessary to have sidewal~:
installed in connection with said described real property.
3. The Ownei or his heirs, personal represenative~, successors or assic~
shall at his expense within ninety (90) days from the notification by the Cit::
have sidewalks installed for said described ,real property in accordance with
City specifications and standards as established.
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ll. If th_e O\\'ne1' or his heirs, personal representatives, successors or'
assigns shall fail to have sidewalks installed for the described real prope~t::
in accordance-with City spccifications and standards within ninetv (90) days
from the notification by ~he City, then the City may have the sid~walks -
installed and ~ssess and impose a lien against the described real property fo~
the cost of the work.
S. This agreement i~ to bere~ar~ed as a covenant running with the land~
regardlcss of whether it is specifically mentioned in any deeds or conveyance,
subsequently executed ~ and this agreement shall - he hind ing on all partics ~ t:::t-
heirst personal representati0es, successors or assigns.
6. All notices pursuant to this ar;reement shall be furnished to the
respective parties at the followinn addresses~ until receipt of written
instructions- notifying the other party of a' different addre~s:
City: Owner:
Mr. Merrett R. Stierheim -'
City Hana[',cr
P . 0 . Bo y. II 7 I( 8
Clccl.rwatcrt florida 33518
This instrument was prepared by:
HERBERT :M. BROWN, City Attorn~,Y
City of Clearwater, P. O.Box 4748
~learYlater, Florida ~351~
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,D.R. 3702 PACE 270
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IN \HTIH::;;; \!1]J~Fr:Or ~ l:llC n,-ll~ties 11c!-.C'to 1:(1\10 c;:\IY~ed
executed the day and yeap lust: above \;ll"ittcn.
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Approved as to form G correctness:
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~l,ttol'nCY .
\'Ji tnesses:
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. \'lner '
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this Ir~y of . .D. 197 ~
before me pepsonaJ.ly < appear'ed 11errett }~. St ierhe ;!" H. BrO\,m'~--
R. G. VIhi tehead and H. Evereti: Hougen, rC'specti vely City Hanager', City
Attorney, City Clerk and Mayor-Corunissioner,~f the ctty of Clearwater,
a municipal corpor'ation existing under' the 'lct\'lS of the State of Fl01:--5:0(i; to
me known to be the individuals and officers described in and who executed the
-foregoing Agreement and severally acknowledied the execu~ion thereof to be
their free act and deed as such officers thereunto duly authorized; and that
the official seal of said municipal coppor~~ion is duly affixed thereto, and
the _ said agreement is tlle act and deed. of said coX'poration.
. WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
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X:~:;(?~/:I
Notar~/,'Pu-mlC ' ,
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l1~C\~;>~mf,r.~ S\R~~lj)brM,f'R:ilr~ s :
',;.. (,i]," :;,jj t::.i:;r,,; CkL 11., 1974
I"~ BOI~'j~J' by AlTlcr:,an. Fite & Caually Co.
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STATE OF FLORIDA )-
COUNTY OF PINELLAS)
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Before m~' personally appeared diu d. ~ ~~.L1.lL- / ~~
to me well known and known to me to be the 'individuals described in and who
executed the foregoing aflreernent and ac~nowledred l)efore me that thev
executed the same for the purposes the~ein e~presscd.
WITNESS my hand and official seal this 3 day
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.Hy Commission Expi.res:
Notary PUb!ic~ State of Florida at tarlf'
My CommissiOn >vpinlg JUlY 6. UlJ
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