SIDEWALK WAIVER GRANTED (67)
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n&, q'~ R.4021 PAGE 473
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THIS ~~Gr{I::'::'IE~'IT ~ made .lnd ~nter2d Lnt0 -:h-:.s
by and bec~~en che
to as "City"; and
to as "o\'.,ner";
-=ITY :JF I:U':.~QWAT::K, ?SCRIi:lA, d rr:un:i.cipaL ..:orpor3ticn,
Floyd R. Evans and Maurine Evans (His Wife)
19th
-iav 0I
April
~1erel~ai:2= =2:2=~2~
hereinaiter referred
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WITNESSETH:
WHEREAS, the DI.,ner owns the follo~V"ing described real property situated in the City of
Clearwater, Pinellas County, Florida:
Lot 1, Block C
Brookhill Subdivision Unit 1 'I ", ;;2q.1-::
1321 Bellevue Blvd. sr;~.. ~e-L
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
and
WHEREAS, the DlV"ner is erecting certain new construction on said property and has
requested the City at this time not to require the immediate installation and construction
of side\V"alks in connec tion therewi th; 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 notificat ion by the City, have side\V"alks 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 hereof;
NOW, THEREFORE, in conside'~ation of the foregoing premises and other good and valuable
consideration between the parties, receipt of which is hereby acknowledged, the parties hereto
covenant and 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 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 necessary to have sidewalks installed in connection with 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 with City specifications and standards as
established.
4. If the o.mer or his heirs, pcn,.J!Hll representatives, successors or assigns shall
fail to have sidewalks installed for the described rcnl property in accordance with City
specifications and standards within ninety (90) days from the notification by the City,
then the Cit~~dY ~~ve the sidewalks installed and assess and impose a l1en against the
described real propel ~-4:..o.;; the co~_~ o.!=_tl1~ work.
5. This agreement is to be regarded as a cove1,2"t F'l1IlI1ing with the land regardless
of whether it is specifically mentioned in any deeds or conveyance l:>ubsequently 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 tbe following addresses~ until receipt of written instructions notifying the other party
of a different address:
City:
Mr. Merrett R. Stierheim
City' Manager
P.O. Box 4748
Clearwater, Florida 33518
,Owner:
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CLERK CJtlcurr COUnT
Mr. & Mrs. Floyd Evans
1321 Bellevue Blvd.
Clearwater, Florida
hZS
2 51 fH '73
RETURN TOf
CITY CLERK
P. O. BOX 4748
\...:!.,EARW A TER, FLA. 33518
This instrum(,:i~: \V2', prepared by:
FERP~,r"r '1.
1.,. \~d'.d.,-"J;~. ','/l'{, City Attorney
Clty cf CwarWctCfr, 1'. O. Box 4748 . '. D /45)
Clearwater, Florida 33518 (!Ji;~Olg- ~~}i
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IN WITN~S3 ~v7-!~RZ~? :~e ~d=:L2~
J3Y and je~r Lase ~bGve ~ritc~n.
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o. ~. 4021 PACE 474
~er~CJ ~av~ caus~a :h~s~
~:Ce::.ut~~ t;:e
CITY
By
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?~2:rectness:
C1.ty Attorney
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Witnesses:
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Owner
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this c2 S- day of, , A. D. 197.3
before me personally appeared Merrett R. Stierheim, Herbert H. "'Thitehead and
H. Everett Hougen, respectively City Hanager, City Attorney, City Clerk and Mayor-Conm1issioner
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 thereof.to be their free act and
de~d as such officers thereunto duly authorized; and that the official seal of said municipal
corporation is duly affixed thereto, and the said agre~ment 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 written.
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NotirV Public. State ol. F1C\+~a d I.arM
My Commission Expira Sept. 29, 1973
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My Commission Expires:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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Before me personally appeared.~
to me well known and knO\m' to me to b th
foregoing agreement and acknowledged bef
therein expressed.
s escribed in and who executed the
they executed the sc!-Q1e:~'f~r. d~e"purposes
. d /~:~.,.~~~,,:,:"." ~~:,~~;>'\
/ 97.T . day of j,:;r!~7t\SA.D.
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WITNESS my hand and official seal this
My Commission Expires:
(JI'J( 3/J /p73