SIDEWALK WAIVER GRANTED (163)
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,n.R.38GB PAGE113
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72108647
AGH.EEHENl'
THISAGREEJvlENT, made and entered into this 22nd '______ day of ---------__.[gn.~_,___, 19___'l~_.,
~, and. between the CITY OF CLEARHA'l'ER, FLORIDA, a lllunicipil corporah,on, hereinafter refern~d
to as!"Ci ty"; and Rothmoor Estates. Inc. hereinafter referred
to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the followiW:i described i:cal property situated in the City of
Clearwater Pinellas CountY.: Florida: '.. .
Lots'12 11 18, 19' and 20 in B10ck-QM of H~b~scus- Gardens as recorde~
in P1at'Book 14 Page 59 of the. Public Records of Pine11as County, F10r~da.
(also known as 1248-1266 Rogers street, Clearwater, Fla.)
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, eitner for residential, commercial,
industrial or other purposes, shall have sidelvalks constructed by the OHner 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 require the iwnediate 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 in~ediately 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 lvhich is hereby acknowledged, 'the parties hereto
covenant and agree as follows:
1. The City wUl 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 Ol-mer, 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 iLsta11ed 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 reSRectivepal;ties
at the following addresses" until receipt of written-instructions notifying the other party
of a different address:
City:
Mr. Merrett R. Stierheim
City M<j.nager
P.O. Box 4748
Clearwater, Florida 33518
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~'~-mculT COURY
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RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARWATER, FLA, 33518
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This instrum~nt w ."
HERBERT M Bn .~s prepared .by:
j . ,1.O~vN C't
City of Clearwat. p' , ] Y Attorney
Cl er, . O. Box 4748
earwater, Florida 33518
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(OJ. 3866 P~CE 114
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
da:~ and year last above \vritten.
Mayo
By
CITY
Witnesses:
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As to Owner
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this -<- Y day of ~~ , A.D. 197;L
before me personally appeared Merrett R. Stierheim, Herbert M. . Bro1:!f, R. G. Whitehead and
H. Everett Hougen, respectively City Manager, City Attorney, City 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 the'Ceof.to be their free act and
deed as such officers thereunto duly authorized; and that the official seal of said municipal
corporation is duly affixei thereto, and the said agreement is the act and deed of said
corporation.
WITNESS my signature and official seal at Clearwater in the County of Pine11as and
State of Florida, the day and year last above written.
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No . 'ii', ~bitt- -::." '. .~'
My Commission Expires:
Notary'P~bfi~-St~te'~f Rorida at larg;
My Commission Expire) St:iJl. 29, 197
Bonded By Americ.an fire. & C~sualty Co,!.
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STATE OF FLORIDA
COllNTI 9J!' _!'IN'J;~J.LAS
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Before me personally appeared J. B. Grammatico, Secy-Treas. of Rothmoor Estates,
to me well known and known 'to me to De the individuals described in and who executed the Inc.
foregoing agreement and acknowledged before me that they executed the same for the purposes
therein expressed.
WITNESS my hand and official seal this
22nd
day of
June
A.D. 197 2 .
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~ Notary Public .' . .
Mv Commission Rxoires'
-Notary PubliC, ~)(ate. OlFTorltla at l.ar~'
My .Commisslon Expires Feb. 3, 197~
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