SIDEWALK WAIVER GRANTED (71)
AGREE.tAENT
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0.\~~tG\rAGE 285
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73161079
TI-I1S /\GREE1\,lI:NT, made and entered into this _,_2~ day of Nov~mber
19 73 by dnd between the CITY OF CLEARWATER, FLORIDA, a lYmnicipal corporation,
hereinafter referred to as lICityl'; and Frank M. Bosworth Jr. & Avalon A. Bosworth (His Wife)
hereinafter referred to as 110wner";
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1590 Tilley Ave., Clearwater" Florida ;:: -'.
WHEREAS, Seqtion 7 -6 of the Code of Ordinances of the City requires that all land
that, abuts, a 'public right -of-way,-wh-ichis-tohav-e,ne-w" construc-tion-on-it"eithe,r,for,resi-_
dential, commercial, industrial or othel" purposes, shall have sidewalks constructed by
the owner on, across or adjacent thereto; and
WITNESSETH:
WHEREAS, the Owner owns the following described real property
City of Clearwater, Pinellas County, Florida, to wit:
Lots, lB-19-20-2l-22-23-24 ~ &-
Belmont Sub. 2nd Addn.
and
WRERE,A~, the Ovn71er IS; erectiu.,g certain llew construction on said prope rty and has
requested the City at this t::iJl'ne lilI'Dt to ne(lpnli:re the immediate installation and co nstruction
of sidewaD.ks incz;<<mnedion itTheirewith;; and
~nEllER}EJ~~.~ the O~fe'r Thtas agreed that if in the future the City, in its sole discretion,
detern.1fliTI'(~~:fi th.:lrd:ii1J; :is aovis;<a;bleilUlld nec.cffl3;:sary to have such sidewalks installed, that the
OwnerwiLOI" Ul1P'lIDIJ MotHicati<!:>n bylthe CHug, have sidewalks ilnmediately installed at his ex..
pense, aIiIlcl if IDl'f; $hould faiL to dLo so thcillJ. ithe City may have said installation made and impose
a lien ag;iainst1tilnre de:scribecl! rea,O pro>pJ:0m;V for the cost hereof;
NKli'W J 1ra:H:EREFORiE~ ir..consj].1t:~l'ation of the foregoing lwemises and other good and
valuable il::<<ll!il!s].'ukeratio:rn bef-;,,'\'~en fdme pa'Dtt.ilf~:s:l receipt of which is hereby acknowledged, the
po. rti e is hie.~to (,C>rflWenant anifl ~gree as: foJTI1ows:
1.. lrheC]ty 'will not at ffi~nis Hy,rm~ .!require the installation and construction of
sidewalks: ;;as pa1rlt 'Of the eJrtt.,;dion. i(}f tTh.-a&1<lliHding and improvements by the Owner on the
above desc:ribed' :;real properiiy.
2. The C:;::lity may at any time in the future notify the O,,-vner, his heirs, personal
representa;ttives, successors or assigns that the City in its sol,:; discretion has determined
that it is adlvisable and necessary to have sidewalks installed iXl connection with said
described real property.
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3. The Owner or his heirs, personal representatives, successors or assigns shall
at his expense within ninety (90) days hom the notification by the City have sidewalks in-
stalled for said described real property in accordance with Cify specifications and standards
as established.
4. If the Owner or his heirs, personal representatives:, successors or assigns shall
fail to have sid~walks installed for the described real property in accordance with City
specifications and standards within ninety (90) days from the n.)tification by the City,
then the City may have the sidewalks installed and assess and :irnpose a lien against the
described real property 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 conveyance subsequently executed,
and this agreement shall be binding on all parties, the heirs, Fersonal representatives,
successors or assigns.
6. All notices pursuant to this agreement shall be fu:rnished to the respective parties
at the following addresses, until receipt of written instructions. notifying the other party
address:
of a ciifferent
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C. This instrument was prepared by:'
Ity: HERBFI"f r.,[ l,pn';/l'T r-',t'n Att '
. :J," ""-~._. .....~,t. ,-_, \r.J.". ~)l '..."I ' orney
Clty Manager City of Clearwater, P. O. Box 4748
PO Box 4748 Clearwater, Florida 33518
Clearwater, Florida 33518
Owner,;
Mr. & Mrs. FRank Bosworth Jr.
24 Sunset Bay Drive
Belleair, Florida 33516
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n\[ "'WITNess VvI-iEl{EOF, the parties hereto lElve CCllT5CC! these pn'~3cnted to !;c
execu[;ccl the cb,y and year la sL above \vritten.
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By
.1" LORIDA
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Atte~s~: 1/ d ~':~;,",-.,'
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r City Clerk "',
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Owner
ST ATE OF FLORIDA )
COUNTY OF P'lINELJLA5 }
11H1ERE:lllY CFfL1R1r'IFY. that on this /~ day of ~ , 19 73 ,
before T1l1l\B; peJr$(ooally a}P.]j]leared ~ t3. -rbJL {~fn... ~ ((.. G-~ ~..."f-
and 1L-~ ~" , respectively City M~nager, City Attorney, City Clerk
and Mayoc:--C\ThtITilimis"mo:ner of the City of Clearwater, a municipal corporation existing under
the lawE (Q):/f the: State :L'iJ Jf:!toridc.l. to me kno\\lIl to be the individ1Ltls and officers described in
and who execrmited the foregoing Agreement and severally ar::kno\vledged the execution thereof
to be their fre;e act ane.!; deed as such officers thereunto duly al1thorized; and that the official
seal of said rrml1lTIiicipal corporation is duly affixed thereto, and the said Agreement is the
act and deed 01' said corporation.
WITNESS my
and State of Flo,rida,
signature and official seal at Clearwater in the County ofpj.n#,H~s
the day and year last above writtenA,.. ,./'~:6,~r-: ..t. :""\'
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My Commis sion Expires:
Notary I'ubllc, Stote or nor!c!;] at t.orge
My ('.-.m'm~l.-~:r;:l F',[~,::f::i Se:1~'. 2.9, 1977
Bonded by Am8rkan fj,e /l. Casualty Co.
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me personally appeared Frank M. Bosworth Jr. an~ Avalon A. Bosworth, his wife,
to me well known and known to lTIe to be the individuals descriLed in and who executed the
foregoing agreement and acknowledged before me that they executed the same for the
purposes therein expres sed.
WITNESS my hand and official seal this 7th
day of November
, 1 9 73
My Commission Expires:
ffotary Public State of Florida at te'l'
_ Commission Expires Sept. 9. 1975
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Notary Pu.bV' . .
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