SIDEWALK WAIVER GRANTED (95)
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AGREEMENT, made and en'tespdinto this 2'1 day of ~Ltt-..:lE..___.__, 19..12,_
CITY OF C.L~ARWAi~E1{,. FLORIDA, ~ municipal corporation, herei~afterreferred
Ro IAiJO . \\Of'Y\~ t'l (? ~IIVOle: :L"\C-,, here~nafter referred
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: 72091803
!\GREE}1EN'I'
. \-iHEREAS, the Owner O'iVns the rollo'iVing described real property situated in the ,Ci ty of
Clearwater, Pinellas County, Florida:
Lot 66, Block M, Brookhil1 Subdivision-Unit 7
AKA....; 1416 Hillcrest Avenue, Clearwater, Fla.
WHEREAS, Ordinance No. .1219 of the City requires that all 1an8 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 side\valks constructed by the O'iVner on, across or
~dja~ent thereto; and
WHEREAS, the ~vner is erecting certain new construction on said property and has
requested the City at this time not to require the immediate installation and construction
of sidavalks in connection there'iVith; 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 sidcIJalks ilmnediately 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
real property.
2. The City may at any time in the future notify the O,mer, his heirs, personal
representatives, successors or assigns that the City in its sole discretion has detecmined
that it is advisab'le and necessary to have sidewalks installed in connection with said
described real property.
3. The ~vner 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 O\mer 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. AU notices pursuant to this,agreem~nt shall be ft:lrnished to the respective parties
at the following addressesF until receipt of written instructions notifying the other party
of a different address:
City:
Mr. Merrett R. Stierheim
City Manager
P. O. Box 4748.1U 2.' 4 FH
Clearwater, Florida 33518 "--.. 0" '7Z'
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CLERK CIRCUIT COURT
Owner-
RO\A~O \\oMe5 e (7' ~e:m.~~olE" r'i.:lL.,
12 "3<::1 ?Ii fL 54- ,~o
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'3 '37 IZ-
This instrument was prepared by:
HERBERT M, BROWN, City Attorney
City ofClearwateri~' O. Box 4748
'. . Clearwater, Florlda 33518
RETURN TO:
CITY CLERK
P. O.BOX 4748
CLEARWATEiR,FLA.33518
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:O.R. 3838 fAGE 918
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IN \vITNESS WHEREOF, thco pen-tie,; hereto 11,1V", C,Hlscd lilc',,;e pl'c,~l,,;i,; to be exccutCcd the
day and year last above \lritten.
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By
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City Attorney ,
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Hitnesses:
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As to City
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As to Owner. "
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STATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY, that on this .;2. 7/d day of 0 ~-' , A. D. 197.;2._
before me personally appeared Merrett R. Stierheim, Herber~ ~~L G. \\Thitehead and
H. Everett Hougei1, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner
of the City of Clearwater, a municipal corporation existing under the laws of the State of
Florida, to me known to be individuals and officers described in and who executed the fore-
going Agreement and severally acknowledged the execution ttnreof to be their free act and
deed as such officers thereunto duly authorized; and that the official seal of said municipal
corporation is duly affixed thereto, and the said agreewent is the act and deed of said
corporation.
WITNESS my signature and official seal at Clearwater in the County of Pinellas. and
State of Florida, the day and year last above wri tte'n.
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Commission Expires:
Notary Public, State of Florida at Large
.. ( mm'ssisR Er', "I ~.c,nt 29 1973
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. Bonded By Americun Fira & i...asualty Co.!., ..'
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STATE OF FLORIDA )
~OUNTY OF PINELLAS )
Before me personal~y appeared R 0 L 14 Ill}) Ii. b, Pflo L II-
1.:0 me well knO\m and known to me to be the individuals descdbed in and \Vho executed the
foregoing agreement and acknowledged before me that tJley executed the same for the purposes
:herein expressed.
WITNESS my hand and official seal this
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day of
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A.D. 197'2....
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Hy Commission Expires:
Notary Public, State of Florida al. u"
Mri:.o""&Ilssioll fxJliIllS MJU': J,l. 1975