SIDEWALK WAIVER GRANTED (6)
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RECORDIO I
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C'LUl CIRCUIT COUll,. ,
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o.R.3669 fAGE 847
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AGREEMENT
THIS AGREEMENT, made and entered into this 26th day of July ,19~
by and between the C:::7Y OF CLEARHATER, FLORIDA, a nunIcipal corporation -
hereinafter referred to as "Cityll; and FRED P. ROllO and KATHERINE L. ROllO, his wife
hereinafter referred to as "Owner";
\VITNESSETH:
WHEREAS, the Owner owns the fOllowing described real property situated 11
the City of Clearwater, Pinellas County, Florida:
1481 Barry Street, Lot 114, Forest Hill Estates, Unit I'
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abut~
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
WHEREAS, the Owner is erecting certain new construction on said propertv
and has requested the City at this time not to reauire the immediate installa-
tion and construction of sideVlalks in connection therewith; and
WHEREAS, the Owner has agreed that if in the future the City, in its sole
discretion, determines that it is advisable and neccessary to have such
sidewalks installed, that the Owner will, upon notification by the City, have
sidewalks 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 thereof;
NOW, THEREFORE, in consideration 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 ~art 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 neccessarv to have sidewalk
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or assiqn
shall at his expense within ninety (90) davs from the notification by the City
have sidewalks installed for said described real property in accordance with
City specif~cations and standards as established.
4. If 'he Owner 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 sidewalks
installed and assess and impose a lien against the described rea..1 RJ;"QP~rt~y for
theg()f:)tQf the work. -- n
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 conveyances
subsequently 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 the followin~ addresses, until receipt of written
instructions notifying the other party of a different address:
City: Owner:
M~. Herrett R. Stierheim 158 Brightwater Drive
C1 ty Manager Clearwater Beach
,
P · O. Box 4748 Florida
Clearwater, Florida 33518
Of - 01 Q-CO(3)@
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J I :D.R. 3669 PAGE 848
IN WITNESS WHEREOF, the parties hereto have
e day and year last above written.
to be
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FLORIDA
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AP~;;~4=ctness:
Ci ttornep. . --
Witnesses:
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wner '
WITNESS my signature and official seal at Clearwater in the' County of
Pinellas and State of Florida, the day and year last above wr~tten.
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My COlIlJUi~sion. Expi.res:
'No\ary Pl:bi:c, .Jtob of tbm!a .XLarge
My Commi,;icnh;:ir<:s OJ, n, 19/4
Bonded by American Fire &. Casualty Co,!
;.f{Y;
STATE OF FLORIDA )
COUNTY OF PINELLAS)
___ __B=-~~~: ~e_?~_!:,_SO~~_~~y appeared ,..,~~"c:b k~,L ~
to Jne well known and known to me to be the individuals described in and who
executed the foregoing agreement and acknowledged before me that they
executed the same for the purposes therein expressed.
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WITNESS my hand and official seal this Zb day ofJ~_.i:~'J;;;.::""f.9~'.fL .
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My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA AT LARGr
MY COMMISSION EXPIRES JUN. 21, 1975
8ttJERAb. mgl.lRA ~ICIi: "e-IDlipwD'Tf'~'i INC.
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This instrument was prepared by:
HERBERT M. BROWN, City Attorney
City of Clearwater, P. O. Box 4748
.Qlecu}Yater, Florida 3351&