SIDEWALK WAIVER GRANTED (13)
G" A. ill, /8-i~E . 677
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I~ {:o 'l'I-fl'S"AGREEMENT, made and entered into this 2t_ day of... November
'" 19 73 by and between the CITY OF CLEAR ,VA TER, FLOIUJ)A, a m.unicipal corl)oration
--;-- . C.1I"1I1~ M. '
hereJlliafl:er referred to as "Clty"; and Francis McKee & t':'TTn~A~ly~ McKee (His Wife)
hereinafter referred to as "Owner";
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73166565
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ACIZEE1\IEI'H'
WITNESSETH:
WHEREAS, the Owner owns the following described real property sitl.!ated in the
City of Clearwater, Pinellas County, Florida, to wit:
Lot 56, Gates Knoll Subdivision I~~
l558 Tuscola, Clearwater, Florida c:?.3 -c.'J./., /~-
WHEREAS, 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, commercial, industrial or otner purposes, shall have sidewalks constructed by
the o\vner on, across or adjacent thereto; and
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WHERE..fl1.S", -the O~'ner is erecting certain new construction on said prope rty and has
reque sted the G~1t~r ;art this time not to require the immediate installation and co nstruction
of sidewalks in :c'rm:me,ctiontherewith; and
WHERE::"r...,s;> the Ow;mer has agreed that if in the future the City, in its sole discretion,
determines that iit i-s advisable and necessary to have such sidewalks installed, that the
Owner will, UP'Olli.'1 ndifie-aHon by the City, have sidewalks immediately installed at his ex-
pense, and if h,e $fuollid lEan to do so then the City m.ay have said installation lnade and impose
a lien against tll:i;e. (deBcrtiJbed :real property for the cost hereof;
NOW, 'JI'J.<IrLREFORE, :in consideration of the foregoing premises and other good and
valuable consid!ceiration between the parties, receipt of which is hereby acknowledged, the
parties hereto r'cawenam aDd agree as follows:
1. The 'City v..-ill not at this time require the installation and construction of
sidewalks as pal:rt of the erection of the building and improvements by the Owner on the
above describe~ :real property.
2. The City may at any time in the future notify the Ovmer, 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 eX"Pense within ninety (90) days from the notification by the City have sidewalks in-
stalled for said described real property in accordance with City specifications and standards
as established.
4. If the Owner or his heirs, personal representatives, succes sors or as signs 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 real property for the cost of the work.
5. This agreement is to be regarded as a covenant running with the land regardless
of, w. h.eth~r it is,sp,ec.ifi,ca,,lly m" e. nt,l,' oned. i,n" """a",..,n",y deeds ,0, r"..c, on.veY",ance sub,s ,e. qU,..el.,1, t,-",l,.y e. xe, ,cuted,
and this agreeme'ilf ihalibe b-ill-diIig on -all parties, fhe hEiirs, personal representatives,
successors or assigns.
6. All notices pursuant to this agreement shall be furn~shed to the respective parties
at t~ following addresses, until receipt of writte~ instructions notifying the other party
of a:::different address:
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City:
City Manager
PQ Box 4748
'C::l<'::'arwater, Florida
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l)INEl'.i.~ (;0, f~,':'RIl)A
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CLERK C IRe Ul r c OtJRT
33518tM19 312fH'13
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Mr. & Mrs. Francis McKee
l558 Tus~ola Rd.
Clearwater, Fla. 33516
ThiR ini\trument WUio1 prepared by~
HERBERTM. BROWN, City Attorney /
Cityo! Clearwater, P. O. Box 47 J..Sl \. .5)
Clearwater/Florida 33518 0 i-Olq-~
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IN WlTNT;~)S Vv l'L1.;nEOF, the parties hereto have
executed t'hB"tl.....y a:ld ye;:n lc<st above written.
I v. R. 4108 PAGE 678
C31H;ed these pl'e:3ented to be
By
~EARWATE\, ~~~~ID~/.
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City M
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City Attorne
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Witnesses:
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Owner
STATE OF FLORIDA }
COUNTY (OF PIN1>::LLAS >>
I HERID'B,Y CER.mrl'IIFY. that ontthis ~qd day of~ ' 1973 ,
before me per$;onaHy ;"Ui.1J:!'pteared ~ 1:3 ~~ '~' h1" ~. /? U . tv.L.,Y'd.u ~L
and ?i/t(",~~ ' respectively Cit Ma~ager, City Attorney, Cit Clerk
and !layor-C>'Dr::rmms C'l:ner of the CIty of Clearwater, a munIcIpal corporahon eXIshng under
the I;-:aws 0,[ fJ-ie~ $itate 0& Florida, to IT1e' knovvn to be the individuals and officers described in
and w1!w executed the foregoing Agreement and severally adcnovdedged the execution thereof
to be theii? free act and deed as such officers thereunto duly al1thorized; and that the official
seal of said municipal corporation is duly affixed thereto, and the said Agreen]ent is the
act and deed of said corporation. .;'
/
WITNESS my signature and official seal at Clearwater in the
and State of Florida, the day and year last above written.
C OUl;SX: .pi . R~nella s
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y ommissionxpues: ~.,~~, ,-.1.(. > '
Notary Pul:llc, State of Florida at Large ~,~ \"" t!:; V' I . ..::1
My Commission Expire. Sept. 29, 1977 ';;. 0:1- '. .... ,_
Io,,"'n-i by A....,iuIA fir. &. ,.."".II} Ce. ,'~, .::; ""
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Nc.u.J YO U( """ ::. I "
STATE OF rLORI1)~\' ) 'f, "'~:'
COUl'\T,TY OF ~ll.b~~ut. } ;.;,.
J.'j AJA+r.rAI.4.-~/
Before me personally appearedfJt,A~Ci,j ~ 1H~~f,e- ~C'lIr#i'~;~e lit "'!!lee
to me well know:p! and known to me to be the individuals described in and who executed the
foregoing agr.ee~ent and acknowledged before me that they executed the same for the
purposes therein expres sed.
n Expire s:
~-daY-Of~'19
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Notary P~~
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WITNESS my hand and official seal this
FRANCIS J. McKEE
NOTARY PUBLIC, State of New York
No. 52-7847675-QuaL in Suffolk Co.
Cert. filed in Nassau County
Commission Expires March 30,1974
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