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SIDEWALK WAIVER GRANTED (269) .. Nov 3 ") 1 ~ i'U '1.~ ..J JIll I t,0105717 i O,R, 342;) PAGE 330 f t-b 'r ,'" :.. r (' {l: u' co' 1\ _ ",' "" . {.... t'INELLAS ~C:. ::~ORjOA , H.ROLD MULLENDORE. CJ.ERI\ 'lIlIS AG'REENENT, made and entered into this by and between the CITY OF CLEAR\\' TER, referred to as "Ci ty"; ar~ . . hereinafter referred to as "Owner"; . ~~.. A G R E E MEN T d 2t . day WITNESSETH: WHEREAS, the <^vuer owns the follmving described real property situated in the )~o~;:ca;::~t;~la:sw:~~:ta~ } ~~, I~~ .:1::L if .:JI~~~ :LJ~uL J ~c:ku and WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public right of \vay, Hhieh is to have 11e\v construction on it, either for residential, commercial, industrial or other purposes, shall have sidewalks constructed by the owner on~ across 6r adjacent thereto; and m1EREAS, the Owner is erecting certain ne\v construction on said property and has requested the City at this time not to require the i11IDlediate installation and construction of sidewalks in connection therewith; and t~.~ ;c~" 0 ~~ ("; _..~ - WHEREAS, the O;vncr has agreed that if in the future the City, in its sole dis-' cretion, determines that it is advisable and necessary to have such sidewalks installed, that the O\vner vlill, upon notification by the City, have sidewalks innnediately 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; C') ,': NO\~, THEREFORE, in consideration of the foregoing premises and other good and ':ijvaluable consideration between the parties, receipt of vJhich is hereby ackno\vledged, ;; .Sthe parties hereto covenant and agree as follows: " r-;....{ 1. The City will not at this time require t11e installation and construction sidewalks as part of the erection of the building and improvements by the Owner 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 acscriLcd real property. 3. The Owner or his heirs, personal represpntatives, successors or assigns shall" at: his expense within ninety (90) days from the notification by the City have sidewalks ins taIled for said described real proper ty in accordance \vi th City specifications and,standards as established. 4. If the O\vner or his heirs, personal representatives, successors or assigns shall fail to .have sidewalks installed for the describe.d 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\valks 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 Vlith fh-e land~ regardless of \'lhe ther it is specifically mentioned in any deeds' or conveyances subsequently executed, and this agreement shall be binding on all parties, their heirs, personal representatives, successors or assigns. 6. All notices pursuant to this agreement sllall be furnished to the respective parties at the following addresses, until receipt of written instructions notifying the other party of a different address: City: Hr. Merre tt R. Stierheim City Hanager P.O. Box 4748 Clearwater, Florida 33518 Owner: qrkd t{ ~7~J~ 227"dj--~~ 3~C( -1- ---", ~ I I O.R, 3423 p,~GE331 .. ,. IN HITNESS WHEREOF, the parties hereto have caused thcse prcsen~s to be executed tl e y and year last above written. ,'~" . Hitnesses: :I..~ $~ J< a., e /Jvu~ As to Ci ty "--' 1f~ j)~~1 ~ O~~~. ,~ J)~e~ , '0I~'~ {I-6~J. . 1I')I1~'~ Owner . As to Owner ''1.I.TNESS my signature and official sear at Clean-rater in the County of Pinellas and~'t.g.te: o'f'PJorida, the day and year last above ,vTitten. .. L~~. -,e~ Notary Public 1-1.v .CoijIDl~ssi~n fF~mires.: -ltotllf'j I'll;j;;. )1U'! 0 rJO'rl~a at La. My C:::;;;;;:!"i;;;E:q;;rc. (H. 12, 1974 Bondod by Ameri<on Fi.- &. c..uollJ Co, STATE OF FLORIDA ) --COUNTY01t-P INELLAS) ,- 9 /.z-A.. . c:<' 6 -;:::: day of A.D. 1970. Before mc pcrsonally appcared to me well known and knm-m to me to the foregoing agrcement and acknowledged the purp.0~cfthcrein expressed. . ~'~~~~\\..'~ ~':-: .,"~, '. ~/~l~~SS'my hand and official scal this :~ " ~ ~~, " ":i' i :~: ~ " '~-: L ..1 , ", ~ . '" /' t' " ,. ,\ol u~ ..11y COlIy,nission Expires: ...., PUlic. State of Florida at Largl tAr c-.nsion fxjafts Apr. 1, 1972 ..... ... A........-... Ra.... I '"'l:n.... QaJ. - 2 -