SIDEWALK WAIVER GRANTED (342)
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D.R. ,3J91 PACE 5
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AGREEMENT
THIS AGREEMENT, made and entered into this
by and between the CITY OF CLEARWATER, FLORIDA,
hereinafter referred to as "City"; and RICHARD A.
hereinafter referred to as "Owner";
16th day of July ,1971,
a Plunicipal corporation,
MOLDAL and GAIL A. MOLDAL,
his wife
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated 1n
the City of Clearwater, Pinellas County, Florida:
3259 San Jose, Clearwater, Florida, a/k/a E.22.5' of Lot i42, Lot 143, Lot 144,
and W. 15' of Lot 145 " De 1 Oro Grove s
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts
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 property
and has requested the City at this time not to reauire the immediate installa-
tion and construction of sidewalks 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 con~ideration 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 part 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 neccessary to have sidewalk
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or assign
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 the 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
instal1edand-assess.and imp.ose.~li~r:L9-gi3,iJtstt_he. gescribed 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 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 following addresses, until receipt of written
instructions notifying the other party of a different address:
City: Owner:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
M1g. addr. same as above
This instrument was pre,pared b!:
HERBERT 1\1, BRO\VN, City) Attor~~y
City of Cl,~an\'nter, P. Q. Box 47
. Clearwater, Florida 33518
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G.R. 3591 fAGE 6
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WITNESS WHEREOF, the parties hereto have caused
e day and year last above written.
presents to be
FLORIDA
Approved as to f m & correctness:
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t. ttorney f
Witnesses:
R~o~ -'
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
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Notary ~ubllC' .'.. .
My Commission Expires:
Notary Public, State of Florida at tar91
My Comm;~"i,n E;:pirc$ Od. 22, 1914
"'gAd hI ,....._.:_.. (:.1 ... {'Jurl!} (-
STATE OF FLORIDA )
COUNTY OF PINELLAS)
~~.fs>!,emepersonally appeared
Richard A. Maldal and Gail A. MaIdal
to me well known and known to me to be the individuals described in and vIho
executed the foregoing agreement and acknowledged before me that they
executed the same for the purposes therein expressed.
WITNESS my hand and official seal this.1L day of July
A.D. 197 1.
My Commission Expires:
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