SIDEWALK WAIVER GRANTED (97)
."~,~,~"~";,,,,,'~:",~,,~',~f',':O:.U_l.,','~':,,,',,=,JW...~U'";,;:.;.'tl;'i..~:li".:D",;..~",,~-~:;~..;.r~WJ:.t]_wt:.1\<:';,,!~~
6~
"', ,"
R""OROED
P\HE.LLA~~
~~~\RCUIT COURT
Ute \~ ~ 13,f~ '1 \
· ~/l1'10704
I
~o
./ .,\
~. \~ ;l-r
~ ;;)..-
o~681 PAGE968
j
. :
AGREEI1ENT
i
THIS AGREEHENT, made and entered into thi s 1 Rt. day of D~e~mber ,,197 -t.,., \
by and between the CITY OF CLEAR\'.JATE1\, FLOIUDA, a Plunicipal corporatJ.on,
hex-einafter referred to as "City"; and Ronald I. Dav ~nonllA M. nAY
hereinafter ref9r~ed to as "Owner";
\1/I'l'NESSETH:
WHEREAS, the Owner owri~ the following described real property situated
the City of Clearwater, Pinellas County, Florida:
In.
I
!
Lots 1&2, Block Y Unit 8 Brookhill
and 1389 Rose St. Clearwater, Fla. 33516
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, industrial or other purposes, shall have sidewalks
constructed by the owrier on~ across or adjacent thereto; and
WHEREAS, tIle Owner is erecting" certain new construction on said property
and has requested the City at this time not to reauire the immediate installa-
tion and construction of sidewalks in connection therewith; and
WHEREAS, the Owner has agreed that if in the future the CitY$ in its sole
discretion, determ~n~s that it is advisable and neccessary 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 se
then the City may have said installation mac1cand impose a lien agains::t' the
described real property for the cost thereof;
NOH, THEREFORE, in consideration of the foregoing premises and other' gooe
and valuable consideration between the parties, receipt of Hhich is hereby
acknowledged, the parties hereto covenant and agree as follows:
,1. The City will not at this ti~e ~equire the installation and
construction of sidewalks as part of the erection of the building and
improvements by the Ownerori the, above described real property. --
2. The City may at any time in the future notify the Owner, his heirs,
perso'nal representatives, successors or assigns that the City in its sole
discretion has determined that it is advisable and neccessarv to have sidewal!:.
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives', successors or assig~
shall at his expense within ninety (90) days from the notification by the Cit:l
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 fbr the described real propert\
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 ~ssess and impose a lien against the described real property for
-the cost ofnthe'.wrk.
5. This agreement is to be re~ar~ed as a covenant running with the land!
regardless of whether it is specifically mentioned in any deeds or conveyancc~
subsequently executed, and this agreement sllall he hinding on all parties, th~
heirs) personal representatives, successors or assi~ns.
6. All notices pursuant to this a~reement sh~ll be furnisheo to the
respective parties at the followin~ addresses, until receipt of vlritten
instructions notifying the other party of a'different address:
City: Owner~
Mr. Merrett R. Stierheim
City Hanc1fjer
P . 0 . Bo X II 7 4 8
Clearwater, Florida 33518
Ronald I. Day & Donna M.
1277 S. Highland Ave.
Clearwater, Fla.. 33516
Day
'I"
(")
'...f'
j
o "lJj1
'-H~ \'n'fnL:;S \'njJ:m~or ~ I:hc l";-Jr'ties hcr'eto ~l,"'.\/I:; Cl1l\/<2cl
executed the 'lj and year' l':-lf;t ilbove \'Jl~itten.
!:.
o.R.'J681 PAGE 969
Ulcr;e pr'c~;c~ntr; to ]"
Approved as to forn & correctness:
'-/~~ .
r::fty"-j, t t 0 1--' n c y
fL,O}: 1 i'
Hayor
,.. . i .".'
. .'
~
Hitnesses:
Rr/t,<t/ / <>J ~
~ ~N'-~ ~ '~_
, \'lnep .
_ ~~.Jf!3~'
.~~
As to Clty C/
. /~ ~~~
~Q~~Nl~n~OA )
As -Co \O\mer> \ '.
STNrE OF FLOrZIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY~ that on tlrds I~ay.of._ /D~ A.D. 197.,L
before me personally appeared l1errett R. Stlerh~ Herbert 1.1. Brm.m,
R.G. \-Jhiteheacl and H. Everett!Ho1,lgen, respectively City l1anager, City
Attopney , City Clerk andHaY'oJi'~Commissioner. 6.f the C:hy of Cleap\'Jater,
a municipal corpopation exia~.ng.under the 'laws of the State of Flopida, to
me kno;.Jn to be the indiYidtla-l:s <1nd officer's describeclin and \.]110 (;):ecuted th'2
'foregoing Agreement and severally acknm'lledged the execution thereof to he
their free act and deed as such officers thereunto duly authorized; and that
the official seal of said municipal cOr'por~tian is duly affixed theret~, and
the. said agreement is the act and deed ,of said corpoI'ation.'
. WITNESS my signature and official seal at Clear~ater in the County of
Pinellas and State of Florida~ the day and year last above \-Jr,itteh. ", "
-----
x~ z:!J:~)~/
--~-
Notary PubllC:; '..
~
----
My Commission Expires:
Notary Public, State of Rorida at Laroe
My Commi,:;ion hpi~es Od. 22, 1974
8 J ~..~ .... po- .....s_ ~~- JL CJlt:lJaltv Co.
I 11 :
~
~
.,
. '
STATE OF FLORIDA )
COUNTY OF PINELLAS)
6, ~:
to me B::::C k::,,:e:::n::::n a::e::e~!.:n~:::s ~S~~~h and "ho
executed the fore~oinf, agreer..ent and ackno':71edr:ed })efore m~".tW~~I,i,:'t:~~y
. .' "\, \ U J.... 7 I .
executed the same for the purposes there:tn expressed. ,...<__, )..~..."..~.:~ ,./"
d " (jYe:.?',>' . .'
WITNESS my hand arid official seal thi~ day of~R.:;;j.'S1~'~(v1. ·
. . ./"'];~:~~@~
~r ~'~:'f'f~:;~
, " I , . I , ,~ ~ 1 1 ' ) . ", ','. ~ . .
,My Si?;~~~lbr~g;~aft1f~rc s :
,C Ii Expires Oct 30, 1973
" 'Iun"arn~nca ir;',urllnce co.
This instrument \vas prepared by:
HERBERT M. IT.G\\~.'~, City Attorney
City of Clutrwa:cr, :e. 0, Box 4748
Clearwater, Florida 3351~