SIDEWALK WAIVER GRANTED (166)
AGREEMENT
~)\~ 1~ .
(-, I"
\.' )/~a. R.3991 fAGE1588
day of January , 19 73
corporation, hereinafter referred
hereinafter referred
r,.. _'_~ . ~
~I
I
73017801
THIS AGREEMENT, made and entered into this 11
by and between the CITY OF CLEARWATER, FLORIDA, a municipal
to as "City"; and Russel B. and Margaret ,M. Rogers
to as.. "Owne'i'!-L,
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida: Lot 25, Block 1, Hibiscus Gardens
A/K/A 308 Avanda Ct.
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, either for residential, commercial,
!llclustI'ial or other plfrpOses, shall have sidewalks constructed by the owner 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 irmnediate 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
rea~ property.
2. The City may at any time in the future notify the Owner, his heirs, personal
representatives, successors or assigns that the City i:1 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:
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
RECUKllEO
4H~l~S CC FlORWA
tr7..~I.- } I ~
CLERIC CIRCUIT COURT
FEI S 10 47 AH '13
This im,!nlme:l! \':,,~, prepared by:
HEREEI~T 'y A'torney
City c[ Cleat'in\tcr, ? {i. nu;.; 47,18
Clearwater, Florida 33518
335J8
D7...
(12)
o (,L/ -if8
"'..' ~'
I
r. R.3991PAGE1589
IN WITNESS WHEREOF, the parties hereto have caused these presents'to be executed the
day and year last above written. (",
,N:'
~';,
City Manager
;:z~s:
C1.ty Attorney _'
City Clerk
Witnesses:" III "
7~^,c~
/Jt~ ;/~
As. ',to, Ci,t, .', /lz',"
9~.~
~44Z~ .;.. ~ ~'~--......J
As to Owner
f
)<
-'~
STATE OF FLORIDA
COUNTY OFPINELLAS
l HEREBY CERTIFY, that on this day of ' -ig..~~~ , A.D. 197:3
before me personally appeared Merrett R.. Stierheim, Herbert M. -;;~2 G. Whitehead and
H.Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Connnissioner
of the City of Clearwater, a municipal corporation existing,under the laws of the State of
Florida. to.mekno'V;ntobe individuals and officers descrit:;ed in and who executed the fore-
going Agreement and severally acknowledged the execution thereof to be their free a.ct and
deed as suchofficeJ:$.tilereunto duly authori;z;ed; and that the official seal of said municipal
corporatic;m.is duly affixed thereto, and the said agreement is the act and deed of said
corporation.
WITNESS my si.g~atureand official seal at Clearwater in the County' of pinellas and
State of Florida, the daya.nd year last above written.
H;tap.;l'u"li~ ~bfurif t=!or;d~ ~l,~arae
My C~mmission Ex\>;res Sept. 29, 1973
Bonded By Ame~ican Fira & Casualty Co.
~~', ,',' ,"" "."',',..,.C",h"..,~,.'..',',,',,.,,",",
~. ,'~,.'"."'.
No,. ,.,..~hc
., .; .... < '" .
,'_ . ~c.,~ _ ":'
IJw ;'~:'~, ';"~'~'-: \;I_~~ I\:, ~
, Ui" ,. ,:,.' ".i
.~ ~2. ,:~ ',,',0" ~ ~" .~
MyC01II11lission Expires:
#<-
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
Before me personally a.ppeared
to me well knoYtn and known'~o me to be the individuals described n and who exe ted the
foregoing agreement and acknowledged before me that they executed the same for the purposes
therein expressed.
WITNESS my hand ana:-=-~~i~iaL.s~~1, this
'?/
day of ~
A.D. 197,J
, . , < ; ~ ~
...~?~ ":";::'~:~-' \,-
_' - t:: c.
i...;J':
..:.:
,..< t-
.~,'~..
: '-::
My COlmllission Expires:
Not"'ry Public, State of ,Florida at large
My Commission, Expires May 21, 1976;
Borided, ,,1'1, ,Americ'an Fit.' &' c'.Hu~lty Co.
...;:....
;,;.';-.
" '-"'..
.;.; - ....-
. .....-
:~"'':'''lJo.;\o\.V'4' .