SIDEWALK WAIVER GRANTED (70)
1, I '.~ ,
" ....
,~-
;'/ .\,~ '?
I () t' ',' ~. 1~9~~ '~
tt \j ~ ~
THIS AGREElvlENT, made and entered into this dO day of ~& (!-'!~~
19 P by and between the CITY OF CLEARWATER, FLORIDA, a Il1.unicipal corporatio~
hereinafter referred to as !!City'!; and Frank C. Brinson & VenieW. Brinson, (His Wife) ;:
c:':l
hereinafter referred to as "Owner"; ~
~
'l\j
I
AGI~if:Rm:457
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the
City of Clearwater, Pinellas County, Florida, to wit:
Lot 12, Block #E - Brookhill #3 Subdivision
1554 S. Fredrica, Clearwater
and c:?ol. eo? cJ. /:;;:
WHERTI1AS, Section 7-6, of the Code of Ordinances of the City requires that all land
that abuts a public right-of-way, which is to have new construction on it, either for resi-
dential, comme:rcial" induRtr:ual or other purposes, shall have sidewalks constructed by
the owner on, aC1"OS5 a:u adjli1J<!:'ent th<!J'Jrreto; and
WHERJTIAS" the G~.l\mteJr' is fc:lt:erli11lg certain :u.ew construction on said prope rty and has
requested the, Gi~W a:t this:ti:m!1<e not it<<>> reqrmre the immediate installation and co nstruction
of sidewalks :1:!-n XK\lmllection Hhe1!'lewilt:lln; and
WHlEH~S" the Owner has; ;agreed that if in the future the City, in its sole discretion,
determines ~Jhrtf itn.:s advisable and IllJecess,ary to have such sidewalks installed, that the
Owner will,. lln:on n:CJ!tJificatiol1. by tilD..e City, have sidewalks in1.mediately installed at his ex...
pense, and :ii:flH:e sbould faiIl1rID do $(D then the City may have said installation made and impose
a lien agair.l!~9ft,tlfi_e <d!escribe.dl:rrce:t!ll1P~I~rty for the cost hereof;
NOW~, 'DJffilEREFOIHlJl, :in cO.i'J'side::raition of the foregomg premises and other good and
valuable con;gidl:en:ation Oet},veem: the palrti-e:s, receipt of which is hereby acknowledged, the
partie s he reiirlD (D'DJW'e:nant <';nd: aigree as fonaws:
1. 'T'ilfr: <I:.ity will not at this tin'le require the installation and construction of
sidewalks as lj-H!Jrlt of the t8:..p.:<"~t:ion of the b1,lllding and improvements by the Owner on the
above descdued1 :!local 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 iS3.dvisahle and necessary to have sidewalks installed in connection with said
described real property.
.
3. The Owner or his heirs, personal representatfves, successors or assigns shall
at his expens6~ within ninety i\9'O) days horn the notification by the City have sidewalks in-
stalled for said described' r~al property in accordance with City specifications and standards
as established.
4. If the Owner or hic heirs, personal reprcsentc>.tives, successors or assigns shall
fail to have sidewalks installed for the described real property in accordance w~.th City
specifications and standards within ninety (90) days from the notification by the City,
then the City may have the sidewalks installed and assess and impose a lien against the
described real property far the cost of the work.
CA
CA
~
,...
00
5. This agreement is to be regarded as a covenant running with the land regard1es s
of whether it is specifically mentioned in any deeds or conveyance subsequently execute~
and this agreement shall be binding on all parties, the heirs, personal representative'~E ~
successors or assigns. .Q ..s ~
~'
Ql~><oo
6. All notices pursuant to this agreement shall be furnh~hed to the respective~~ijs
at the following addresses, until receipt of written instructions notifying the other pat::t~ 0 .
of a different address: l1JZP;~
:i$ ..: ~
OCII~
.............
l:: - ... .:
CI) ~ ~ Q)
S ........
Mr. & Mrs. Frank C. BrinSO!~ ~ ~
1729 Rainbow Drive "~ f.l Q :
Clearwater, Fla. 33515 .... &1 ~ -
l1J CQ o.
:E~b
8rx:l....
::q.U
01-0 I~ ~,C O(?~)
ilf.(':uRll,:t
P!NELI.AS ~o rL':'Klllt
. \ . . ,~ ,trY! .. ~'""
-+\&.- _\!I ~
PO Box 4748 G~ER~}:IRCUITCOURT
Clearwater, Florid'Ja\;~j8 3 01 fH t7~
City:
City Manager
Owner:
n
~
>
~
:a:aO="
~!~9
~>C~~
~~a~
. ~ .
-I-
.,
...
I o. R.4121 PAGE1103
caused these presented to be
,,::.,-
I
IN \VTl'J\ESS \ViIEREOF, the parties hereto have
e:,:ccuted the clay and year last above written.
By
At~est~~; (/
fcity Clerk . {
.Il
~
"
Witnesses:
-I.f~(.g~ (SEAL)
i~J!~
(S EAL)
.;
Owner
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this U. day of ;~ ' 19 1r ,
before :m,e personally appeared ~~ fj. ~~ I~ h1;,~ J f(. Ll. ~/4-Je
and -Ii- ~~ ~~ , respectively Cit anager, City Attorney, Ci{jy Clerk
and'byor-Cm:nmissi~er 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 Agreelnent and severally acknowledged the execution thereof"
to be their free act and deed as such officers thereunto duly al.::,thorized; and that the official
seal of said municipal curporation 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 written'.
My Commission Expires:
N'Jer; lVlifl41. .. Ft:rfd;' ot Large
My Co""",..ion bpi,.. Sept, 29. 1977
'ond.d by A",ericon Fi,. & Casualty CO.
STATE OF FLORIDA
COUNTY OF PINELLAS
':1~ ~ e,
Nota PublIc
, j::".;;~~'~,:t,._ ;'
~,.,
.; r:l~ ,- -::r .//'"
, c/
;f~. (,',,:'0i/o;
'0.-" "';
-_,. c!) ....." '1..:0. :' , '
~1t" y"v:.J
.., --
" <.I
,../)
-,
-y..
Before Ine personally appeared Frank C. and Venie W. Brinson
to me well known and known to me to be the individuals described in and who executed the
-----,------ --, -- ------ ~-' - '"-..---..-.---------- ----
foregoing agreement andC;;:cknowledgeclbefore me that they' executed the sam~..foJ::,th-e
purposes therein expres sed..'.'",~
.' ~"
J
WITNESS my hand and official seal this
20th day of
- , .
Decernpe't'"::;.
My Commission Expires:
~'
.,/~.
,..." ....,.
-~i'':~I,''V "~j' ~~~ (..:\
.-
May 22, 1977
G
-2-