SIDEWALK WAIVER GRANTED (69)
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RECOROEO
PtNELLAS co. FLORIDA
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CLERK CiRClr COUII-'
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u. R. 4025
PAGE 339
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THIS ACRE El"ii::NT , made and entcri2c ~~to th~S ~.2._~_ dav of
by and betlVF~en the CITY OF CLEARhTATER, FLORIDA, a munic ipa.L .:orpor ation,
to as "ei ty"; and Frank Pokorny & Elsie Pokorny (His Wife)
to as "O;vncr";
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hereinatter referred
hereinafter referred
WITNESSETH:
WHEREAS, the (};"ner owns the follo,ving described real property situated in the City of
Clearwater, Pinellas County, Florida:
and
Lot 6, Boylan Subdivision
1316-1318 Boylan Ave., Clearwater
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St:C.
hTHEREAS, Ordinance No. 1219 of tlJC City requires that all land that abuts a public
right of way, .",,'bich is to have new constnlc;Uon on it:, either for residential, connnercial,
industrial or other purposes, shall have sidE'vlalks constructed by the mvner on, across or
adjacent thereto; and
HHEREAS, the Owner is erecting certain nel" construction on said property and has
requested the City at this time not to require the immediate installation and construction
of sidevlalks in connection there\vith; 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 sideHalks immediately installed at his
expense, and if he should fail to do so then the City may have said installation made and imj);;se
a lien against the described real property for the cost hereof;
NOW, THEREFORE, in consideration of the foregoing premisE.s and other good and valuable
consideration between the parties, receipt of which is hereby aclmo"ivledged, the parties hereto
covenant and agree as follo,.,1s:
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;:;roperty.
2. The City may at any time in the future notify the (};mer, his heirs, personaL
representatives, successors or assigns that the City in its sole discretion has determined
that it is advisable and necessary to have side\valks installed in connection vlith said
described real property.
3. The Ovmer or his heirs, personal representatives, successors or assigns shall at
his expense within ninety (90) days from the notification by the City have sidewalks installce.
for said described real property in accordance with City specifications and standards as
established.
4. If the O,mer 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 side,valks 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 Ilith the Lmd regardless
of whether it is specifically mentioned in any deeds or conveyance subsequently executed,
and this agreeme~t shall he 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 tLe follmving addresses, until receipt of written instructions notifying the other party
of a different address:
City:
Mr. Merrett R. Stierheirn
City Hanager
P.O. Box 4748
Clearwater, Florida 33518
O\vne r :
Mr. & Mrs. Frank Pokorny
1633 Harvard
Clearwater, Florida
REll.JRN TO:
C'fly CL{':-/2K
f? V. 617'< $/?Vr
CV,.,{-= /-JIf. tVfr-h-/'f1' /'& 3.3 s/f
This instrument was prep~red b~ /1#..
Name 1k-/f'6f:N/ /1J. &()~.t1{rlY/T//tM'A.-rlJY
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Address t'.8/JK. 47 vF
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D. R. 4025 PAGE 340
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I'N '~vITvJ-2~SS ~..jFE:F:,~~crF _. th2. p.J.rti.es hE:ret:0 na~;e ~>~~~.~,:>.=G. :he'-:C t=,resents to be. e:z~:c:..i.[eG. ...'.'.~:
City Hanagcr
day and year last above written.
. :3 1973
,
Witnesses:
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As to. Owner
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STATE OF FLORIDA
COU~TY OF PINELLAS
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I HEREBY CERTIFY, that on this ~ day of ~~ , A. D. 197_~_
before me personally appeared Herrett R. Stierheim, Herbert M. Browrf," R. G. Whitehead and
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Hayor-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 tlv:oreof to be their free act and
deed as such officers therelulto 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 County of Pinellas and
State of Florida, the day and year last above \vri tten.
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My Commission Expires;
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N-~blic,Statc dFlorida at large
'My (o:Mci,51:!1 :':X.,;:l~) ~,;,pL 29, 1973
Boncied By AmcricOlll Fire C:l. Casually Co._
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STATE OF FLORIDA.. )
COUNTY OF PINELLAS )
Before me personally appeared
to me \-1e1l knovll1 and knmm. to me to be .lie indivi.d' al ~ d2scrihed- in
foregoing agreement and ackno\Jledged before 1~1e Llc,t L!i,:' 2:.:
therein expressed.
HITNESS
my
hand and official seal this
d
~ 1__ day of
~r<..A']..). 1973 .
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