SIDEWALK WAIVER GRANTED (91)
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[:,R. 3702 PAGE 275
ACREEJ'iJ:j,J'J'
THIS AC1n:L!-lENT, J11clde and entered into this 22nd clay of December ,1971)
by and bcb.Jcen the CI~i'Y Of CLEA1\\)1~TER, FL01UDA) d rlunicipal cOr'p())~i:TIor1,
h2)_"cinaftcl' referred to as 11 Ci'ty II ; aiEdchard G. Smith & Carol A. ~ith. (His WiIe)_
hCl"'cinafter- rcf~pred to <is IfOVJnel"lf;
\HTNESSETlI:
\vHEREAS) tJle Ot.mer' ouns -the fol10\vil1!:': described
the City of Clearwater, Pinel1as County, Florida:
Lot 12 & North 1/2 of Lot 13, Block C
1339 S. Washington Avenue, Clearwater
real property situated l~
, If/~~ '
-' Lakeview" sub.
Florida
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abut~
a public right of way, which is to have llew construction on it, either for
residential, commerci~l, industrial or other purposes, shall have sidewalks
constructed by the ownrir on, across or adjac~nt thereto; and
WHEREAS, tlle Owner is erecting certain new construction o~ said property
and ]las requested the City at this time not to require the immediate installa-
tion and construction of sidewalks in connection therewith; and
WHEREAS, the Owner has agreed that if in the future the City~ 1n its sole
,discr-etion) dC"cel-'JT.i.nes that it is advisable and ncccessary to have E;uch
sidewalks installed, that the Owner will,- upon notification by the City, have
side\valks immediately installed at his expense, and if he should fail to db ~3:'
then the City Inay have said installa-tion made and impo~;e a lien againBj~~,-the
described real property for the cost thereot;
NOW, THEREFORE, in consideration of the foregoing premises and other goc~
and vciluable consideration between the p~rties, receipt of which is hereby
: acknowledged, the parties hereto covenan~ and agrei as follows:
,1. The City will not at this time ~equire the installation and
construction of sidewalks as part of the erection of the building and
improvements by the Owner ~ri the, above de~cribed ~eal property.
2. The City may at any time in the future notify theO\'mer', his heirs,
per~9na1 representatives, successors or as~igns that the City in its sole
discretion has determined that it is advisable and neccessary to have sidewal}:
installed in connection with said described real property.
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3. The Owner or his heirs, personal represenative~, successors or assi~~
shall at his expense within ninety (90) days from the notification by the Ci~:-
have sidewalks installed for said described ,real property in accordance with
City specifications and standards as established.
4. If ihe Owner or his heirs, personal representatives, successors or
assiens shall fail to have sidc\.]alks installed for the described real prof)cY't:-
in accordance with City specifications and standards within ninety (90) days
from the notification by the City, then the City may have the sidewal]cs
installe~~nd ~ssess and impose a lien against the described real p~operty fD~
the cost of the work.
5. This agreement is to be re~ar~ed as a covenant running wit}) the land,
regardless of w]lether it is specifically mentioned in any deeds or conveyance:
subsequently executed) and this ar,reerrient shall ,be hinding on all parties, try
heirs, personal representatives, successors or assi~ns.
6. All notices pursuant to this agreement shall he furnisherl to the
res-pective parties at the follO\.Jin::. addresses) until ):,eceipt of l,o]ritten
instructions notifying the other party of a' different address:
City: Owner:
Mr. Merrett R. S~ierheim
City ManafjCr
P.O. no x 'I 7 I, 8
Clc~rwater, Florida 33518
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Th' ,
1B Instrument was prepared b .
HERBERT M. BROWN. C't Att Y.
C't . .' I Y orney
1 y of Clearwater I:l 0 B
, . . ox 4748
.clearwater, Florida 33518
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p' "IN \'JJ'rj,l1:~)~; I,Jji!:]():Or ~ lhc Dnr'tics her'eto h<1\'e'
executed the day dnd year lust abovc written.
D.R.3702 PAfE 276
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STATE or FLORIDA )
COUNTY or PINELLAS)
I BEREBY CERTIFY, that on this j'j//CIiay of A.D. 197-Y,
before me pc'psonaJ.ly appeared l':cl"rett-rr:- Stier} _un, 1'1. Bro\-)n.~~
R. G. \'111i tel1ead and H. Everett: Hougen, rc spect i V(>],y City Hanager ~ City
Attorney, City Clerk and Mayor-Cornmissioner,-6f the ctty of Clearwater~
a municipal corporation existing under the 'laws of the State of Florida, to
me known to be the individuals and officers" described in and who executed the
-forcgoing Agreement and severally acknowled~ed the execution thereof to })e
their free act and deed as such officers thereunto duly authorized; and that
_ the official seal of said municipal cOl"'poration is duly affixed thereto, and
the said agreement is the act and decd,of sa5,d corpor~tion.
'\rJITNESS my signature and official seal at Clearhlater in the County of
Pinellas and State of Florida, the day and year last above \'lriiit'erl't,
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, . Notary PuElic") ,
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My Commiseion Expires:
Notary Public, ~nte ot Floridil ill Large-
- Mv (:;i:C;;~i!;il hr-~rc; ad, 22, 1974
&ond..;i by A.1l;erican File & Ca5uahy Co..
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STATE OF FLORIDA )-
COUNTY OF PINELLAS) ~.
,B_efCl"",m!' . personally appeare~WLd;J 1JJ~ltk-,;td,
to me Hell knO\,m an~ knO\.Jn to me to be the 'individuals dess,~.~..Qgjgi"in and \.]110
executed the foreGoln~ agrcer.:ent and acknm,]ledred before}~ \ tWc./I(-,~hey
executed the same for the purposes therein expl"essed. ,/.:~,,:.::..,-,....., I,",:"
WITNESS my hand and official seal this)J~ay (,f "/:1'"/ t,~~.;,~{~) ·
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