SIDEWALK WAIVER GRANTED (270)
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.]0120178
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A G R E E MEN T
THIS AGREENENT, made and entered into this
by and between Lhe CITY OF CLEARWATER,
referred to as "ti ty"; and
hereinafter referred to as "OI.mer";
WITNESSETH:
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HHEREAS, the Owncr O\vns the follmving described real property situated, in
City of Clearwater, Pincllas County, Florida:
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Lo.t 81. Unit 3, Island Estates
136 Midway Island. Clearwater. Florida
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WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of way, which is to have ne\v construction on it, cither for residential,
c.onnnercial, industrial or other purposes, shall have sideV7alks constructed by the
owner on, across or adjacent thereto; ,and
WHEREAS, the OIvner is erecting certain nc\v construction on said property and
has requcf>ted the City at this time not to require the illIDlediate installation and
construction of sidewalks in connection there\vith; and
WHEREAS, the O,vncr has agreed that if in the future the City, in its sole dis-
cretion, determines that it is advisable and necess~ry to have such sidewalks
installed, that the OIvner will, 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 aL;ainst the described real property
for the cost thereof;
NOH, THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration between the parties, receipt of which is hereby aclmowledged,
the parties hereto co~enant and agree as follows:
1. The City ,,,ill not at this time require the installation and construction
of side"wlks as part of the erection of the building and improvements by the O;vner
on the above described real property.
2. The City Dlay 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 acsiriLed real property.
3. The ();,mer or his heirs, personal representativ(>s, successors or assigns
shall at his expense \vithin ninety (90) days from the notification by the City have
sidewalks installed for said described real property in accdrdance with City
specifications and, standards as established.
4. If the O;vner or his heirs, personal representatives, successors or assigns
shall fail to have side\valks installed for the describe,d real property in accordance
'vith 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 agrc:ementi:s to be regard-eU"ci1& -a covenantruIlningwi~h l;l'lc land,-
regardless of ,~hether it is specifically mentioned in any deeds or conveyances
subsequently executed, and tllis agreement shall be binding on all parties, their
heirs, personal representatives, successors or assigns.
6. All notices pursuant to this agreement shall be furnished to tile respectiVe
parties at the following addresses, until receipt of written instructions notifying
the other party of a different address:
City:
Mr. Merrett R. Sticrheim
Ci ty 1'1anager
P.O. Box 4748
Clearwater, Florida 33518
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lOR. 3446 PAGc27n
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IN HITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day 'and year st above written.
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Witnesses:
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this 11".M(,day of a~ , A.D. 1970,
before me personally appeared 11errett R. Stierhcim, H - rbert N. Brown, R. G. tvhi tehead
and H. .Everett Hougen, respectively City 1:1anager, City Attorney, City Clerk and Hayor-
Commissioner of the City of Clearwater, a municipal corporation existing under the
lmvs of the State of Florida, to me kno\vu to be the individuals and officers described
in and who executed the foregoing 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 corpoLcl.tion is duly affixed thereto, and the
said agreement is the act and deed of said corporation.
WITNESS my signature and official seal at Clean_Tater in the County of Pinellas
and State of Flor;ida, the day and year last above written.
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Notary Public
MtlQt~mf, ~M)J1ol~M M\~rge
My Comnilsj:m Ex"ires Od. 22, 1974
.ondod by Amfrican Fi,. & Casualty Co,
STATE OF FLORIDA )
COtJNTYOF PINELLAS)-
Before me personally appeared
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,.V. .-J '-fJ r2J. n and Esther S. Grocke
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to me well known and known to me to be the individualJ described in and who cxecvted
the foregoing agreement and acknoHlc.dged before me that ~ executed the some for
the purposes therein expressed.
WITNESS my hand and offic,ial seal this
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day of
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A.D. 1970.
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** Mrso Esther
later date,
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So Grocke signed thi..s Q.QcUI\en't ''before me at a
December 2, 1970~~i-itieatrQn 9fher signature.
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otary :' -" ,
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My C6mmi(ssioI1 Expires:
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