SIDEWALK WAIVER GRANTED (338)
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72055S15
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0.R. 3781 PAGE 778
AGREEHENT
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by
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THTt;AGREEMENT, made and entered into this
and beCwC'cn the CITY OF CLEARWATER, FLORIDA,
as "Ci tytl; and Randolph F. Stolz & Lynda C.
as "Owner";
24th
April 19 72
,
hereinaft~~~ferred
hereinafter referred
day of
a municipal corporation,
Stolz (His Wife)
WITNESSETH:
\\THEREAS, the Owner owns the following described real property situated in the City of
Clealvater, Pinellas county, Florida:
Lots 525-526-527, Del Oro Groves
3230 San Mateo Dr., Clearwater
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, cOITmlercial,
industrial or other purposes, shall have sidewalks constructed by the owner on, across or
adjacent thereto; and
and
WHEREAS, the Owner is erecting certain new construction on said property and has
requested the City at this time not to require the immediate installation 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 necessary 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 hereof;
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 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 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 expense within ninety (90) days from the notification by the City have sidewalks installed
for said described real property in accordance with City specifications 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 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 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.
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:
Owner:
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City:
Mr. Merrett R. Stierheim
~~~: ~~~a~748
ClearWa ter, Fla. 33518
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Mr. & Mrs. Randolph F.Stolz
3230 San Mateo Drive
Clearwater, Fla. 33515
RETURN
CITY CLERK
P.O. BOX 4748
CLEARW ATER, FLA. 33518
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O.R. 3781 PAGE 779
IN WITN!;~SS WHEREOF, the parties
day and year last above written.
be executed the
"
Ma~ager:
Approved as to form and correctness:
~~~
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c'i ty At torney r
7~.'~.",",""./.'
City Clerk
Witnesses:
\L~~Sdt
~Tei~ ~er 9tt~ .
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I HEREBY CERTIFY, that on this lfd day of ~ ' A. D. 197.;z
before me personally appeared Merrett R. Stierheim, Herbert M. Brown, R. G. Whitehead and
H. Everett Hougen, respectively City Manager, City Attorney, Ci.ty Clerk and Mayor-Commissioner
of the City of Clearwater, a municipal corporation existing under the laws of the State of
Florida, to me known to be individuals and officers described in and who executed the fore-
going Agreement and severally acknowledged the execution thereof to be their free act and
deed as such officers thereunto duly authorized; and that the official seal of said municipal
corporation is duly affixed thereto, and the said agreement is the act and deed of said
corporation.
STATE OF FLORIDA
COUNTY OF PINELLAS
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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My Commission Expires:
N t Y "'ublic State 01 Floi!da at large
o ar r.' . <: _ ~ 1973
'Mv lc:r.m,SS1ol1 ["I-"(.l ~~pl 2 .
Jo'"nded ~Y. ""me,i'o. fire &Co,"olly Co,
STATE OF FLORIDA )
COUN-l'Y.DFPINELI;AS )
Before me personally appeared
(!.
ibed in and who exec ed the
executed the same for the purposes
to me
foregoing agreement
therein expressed.
WITNESS my hand and official seal this
.J~d
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day of
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