SIDEWALK WAIVER GRANTED (50)
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:O.R. .3940 PAGE .40
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AGREEMENT
THIS AGREEHENT, made and entered into this 13th
by and bet1,veen the CITY OF CLEARWATER, FLORIDA, 11 municipal
to as "ei ty"; and Rothmoor Estates~ Inc., a Corporation
to as "O\vner";
day of Novembe:r:. ,_, 19_1-2--,
corporation, hereinafter referred
hereinafter referred
WITNESSETH:
\.JHEREAS, the O\vner owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
l480 Franklin Street
Lot 6, 7, 8 and south 10 I of 23, Block D,
and Boulevard Heights Subdivision
\'ffiEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of way, 1,o,Thich is to have new construction on it, either for residential, commercial,
industrial or other purposes, shall have sidewalks constructed by the O1"mer 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 immediate installation and construction
of sidewalks in connection therewith; and
WHEREAS, the O\vner has agreed that if in the future the City, in its sole discretion,
determines that it is advisable and necessary to have such side\l'<llks installed, that the
~wner will, upon notification by the City, have sidewalks iu@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 premis,"s and other good and valuable
consideration bet\veen the parties, receipt of l;vhich 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 ~;roperty.,
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 ~vner 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 ~vner 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 side\olalks 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:
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
RECOti.llH. I
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Owner:
Rothmoor Estates, Inc.
127Q Rogers St.
Clearwater, Fla.
~his instrument was' prepared by:
HEHHEHT M. HTWWN Cit Att
C"t ,.'" ,y orney
-) y ~" Clearwater, P. O. Box 4748
CJeanvater. Florida 33518
RETURN TO:
CITY CLERK
P. o. BOX 4748
CLEARWATER, FLA. 33518
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o.R.3940 PAGE 41
IN ':HTNES;S WHEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
CITY
By
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M-apage't
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Approv~d as to form and correctness:
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Witnesses:
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As to '7Jfft ~,,"A./
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STA'f'E OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 5 ~ _ day of _A~ ., A.D. 197.2-
before me personally appeared Merrett R. Stierheim, Herbert M. ~\Vn, R. G. Whitehead and '
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Conunissioner
of the City of Clearwater, a municipal corporation existing under the laws of the State of
Florida, to TIle known to be iiidi'vlduals 'and officers described in an.d vJho exect~ted tllC fore...
going Agreement and severally acknowledged the execution the~eofto be their free act and
deed as such officers ther2unto 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.
WITNESS my signature and official seal at Clearwater in the County of Pi~ellas and
State of Florida, the day and year last above written. I
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~?,tary,pubJ~c;> ' ' '" ;' ,
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My
Conunission Expire~:.
Notary PuHic, State 01 FlOrida at larve
My (om,;';;o:i;:1 b~ires OcL 12. 1974
Rnnd.,f by American Fire & Ca~ualt\l Co.
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared Max Rothfield, President Rothmoor Estates
to me well known and known to me to be the individuals described in and who executed the
foregoing agreement and acknowledged before me that they executed the same for the purposes
therein expressed.
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WITNESS my hand and official seal this _ 0 (.:-
day ofAkll~~~~A.D. 197'2-.
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My Commission Expires:
.yNOTARY PUBLIC, STi\TE Of FI f);!!:\' at 1 "'''I:
" COMMISSION f.::XPIRES jL;~v,r,,~
BONDED THROIJGlifqliD~' gl(;STf:~~' 1974
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