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SIDEWALK WAIVER GRANTED AGREEMENT Ole;} ;1" ~ ~1.CUt I d/ ~f AGREE:--rENT I "'t u. R.4160 PAGE1945 'o~',_': :: '. THIS AGREEI\IEN' made and cnt<'rc~ int?this L day of ~ . OJ 19 YJct by and between the CITY OF C EARWATER, FLORIDA, a muni ipal corporation, r he~er referred to as "CHy"; and' C - l / 1l1V~ 11-1 fbc.)VL-?l/' lP hereina.1:~er referred to as l"Owner"; WITNESSETH: WHEREAS, the: Ovner owns the following described real property situated in the City of Clearwater, Pil1"l'rd~as County, Florida, to wit: ,.-, ," ,-" j/J .., C~ /2' , " ' ' /" 7 i - ~-, ,) ~,' ') .7c//,<v I,,, /;..- LL]';,tt..,-::Ji'l..;:f !-(jii'/Dq ;J?o f q &-e, J2 ttAV I~ ad d~t . WHEREAS, Section 7 -6 of the Code of Ordinances of the City req~ires that all land that abuts a public right-of-way, whi.ch is to have new construction on it, either for resi- dential, cOlnnlercial, industrial or other purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and and WHEREAS:. -.fuc Owner is erecting certain new construction on said prope rty and has reqpested the City ~A3t this time not trD require the irm:n.ediate installation and construction of !ridewalks in c~.dD.ection therew:i!tlb; and WHEREAS" the Owner haS' :agreed that if in the future the City, in its sole discretion, determines that :i!it IS advisable and necessary to have such sidewalks installed, that the Owner will, upon notification by.tfu:e City, have sidev.ralks immediately installed at his ex- pense, and if he should fail to dcrl $(() then the City may have said installation made and impos E a lien/against the described real property for the cost hereof; NOW, THEREFORE, iI~ consideration of the foregoing premises and other good and valuable consideration between 1'lh<e parties, receipt of which is hereby acknowledged, the parties hereto covenant and agre',e <B.S follows: 1. The City will not at trhi.!, time require the installation and construction of sidewalks as part of the erection' 0'1 the building and improvements by the Owner on the above described re~ill property. 2. The Ci't.'1"may at any t:a:m:e in the future notify the Owner, his heirs, personal representatives, successors or :ls.s:igns that the City in its sole discretion has determined that it is advisabl'C and necessarj~ to have sidewalks installed in connection with said described real property. , 3. The Owner or his hei::;s., personal representatives, successors or assigns shaH at hi:i expense within ninety (90) clays from the notification by the City have sidewalks in- stalle,d for said described real property in accordance with City specifications and standarcis as es'jablished. 4. If the Owner or his heirs, personal representatives, successors or assigns shall fail to have sid~walks installed for the described real propext'f in accordance with City specifications and standards within ninety (90) days from the Tcotification by the City, then tbe City may havE~ the sidewalks installed and assess and impose a lien against the described real property for the CI,st of the work. 5~ This agreement is to be regarded as a covenant ru;.ning with the land. regardles s of whether it is specifically mentioned in any deeds or conveyance subsequently executed, and this agreement shall be binding on all parties, the heirs, personal representatives~ successors or assigns. ;:, ~ ~ ~' :: [- ...;; ~ 't ,p IlO 00 6. All notices pur.~uant to this agreement shall be fur:r-ished to the respectiv<fpa~t~s at ~e following addresses, until receipt of written instruction::> notifying the other pa!~~ ~ of cl"diffc:rent addrcss: ,",::.J__ ~ .......,ClO. p...-o -0 ~ ~ .-r, u: Z ~ 'C ,.,...- , Rf.t':R[;E~' ~ ;;;. c Ii-o fJ ~ rz Cit~: PINEL-US CO, ftJ:illOt Ownc:'": I ~ - ~ ~ ~c5~tz::' CitY' Manager ~\ .....t("'~t-. .~f3;;-Y7.....- tJ i/{)c-v!j)~,N,~~..: ~ t ~ ~ PO Box 4748 CLERIf CIRCUn COURT 7l' (/ ~,.. / ~:Q :: Co; III ~ Od j! 7 {I J c,/J/{.~{':-O J1vt~'~ ~ 1 ~ 1:1I; t,)... ~ / Clca:Twater, Florida 335 J.a,,-'- ',1,7' 3 511 fH '1~ V" v /,.1 '--z ---cij E-- (j c: - ... .. .. ) --z:-r.u1,) - /-r' ~ /~ 0.") "-;> " 2 ..... ~ ~ ~~/r~~! _ ~~ :&~ :; ~ ~ U ..:::~.;.,' .) r ~ ~ u Co>. . 1_ . Ql91 i\ d.(l' ~ IN WI'J NESS \VIIE;R'~F. the parti," I",r"'o i.xccU'l:cd the day ~nc1 year last above written. V. H.4160 PAGE1946 hi1ve ci.l\lcd thcse pre:;\.'llt,:d to lH' ~~~ Ci Y Attorne By "I' Ma Witnesscs: ~/;.t rI (',m/JJRA!. fi:~ <:, . !hL As to City (SEAL) ; !./ , 0:mu;,;..}... / ;'-"'"x:'cc} C{ 1_ \..)(SEAL) f f Owner STATE OF FLORIDA ) COUNTY (QFPrnELLAS ) I J~ER.ElBY CERTIFW, tha1 on this /1d before n:cle :;per:3,;~cmally appe..2ured ~ ;g. and I-! ~ I~ , r'espectively Cit a ager, City Attorney, City llerk and Mayor-Cornm.i~sio~e~ of th,e City of Clearwater, a municipai corporation existing under the la'\vsD5 1:h~. Srate of Fl'!i:l'ida. to me known to be the individuals and officers described in and who executed the foregoing Agreen:rent and severally ar;knowledged the execution thereof to be their free act and dced as suC;h officer s thereunto duly a'\.1,thorized; and that the official seal of said municipal corporation is duly affixed thE:reto, and the said Agreernent.is the act and deed of said corporation. WI'JLNESS my signature and official seal at Clearwater in the and State ('/~ l"~lorida, the day and year last above written. '1~ C- Notal' Pubiic County of "Pin ell as _ :~'~GV(I'(" \.J...~ ,',J;lf, -" C"\ B.. , J. p. 'v", . .., ..'-" :;:"'1:'1>>"0 .", ..." : _ ;iQ~~ \~ ,,' , ;:_ ~'" ,J 1 /f/ _ c:_;"c,"-,.,'" ., . ~ f 't/ ClL'",,, ''1e:; If ~ uJ ~ "f~" ~ oJ 7 ., i if) 'f. \j._~.- \ J~ ~);":' ,~t.....: .: "" 'c- ...... ' r' '"~I " '";;, ::;; ~iI.., - -'./1\',1>"". ~ ~ 'II ~;-' ,r .. ,'\ ,\"" My Commi~;'sion Expires: Notary Public, State of F10rlda ot larp My CollUlllsdon Expires Sept. 29. 1977 I\IIlM Iq "'....ricoll fl.. . Cel..?I~ Ca. STATE OF FLORIDA ) COUNTY OF PINELLAS) ','.' /1 . b' -" d I Before mc personally appeared M.f;L~?r tJ A-1-:'P I/? 77lL,f::~' ,;r/I /C;)vJj).t~ to rnc well known and known to mc to be the individuals described in and who executed the foregoing agrecment; and acknowlcdged before Inc that thcy executed the same for -fne purposes therein expressed. My ,)'.""'" .:~' .,~..\\ ~'I;..... .';-' ~,J._~ ,,' \'t:" ",';;i.~'v'", .,J\,;tli,t:" Con~Js~i"On~e~gj.rc s: 2 tiir,'<']: >:~J': :.-:v~, \'.; ~ ~ ~ ~-, , ,"< ':,<... ..:: ""':""'---''--. ::., ..., 0i~>.~.~~.::;./ t, / day of p ,19 7<7- ~~ WITNESS my hand and official seal this . . ~~!~~, '1:~'1'~ -2-