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SIDEWALK WAIVER GRANTED (366) "~:>-~,' THIS AGREEMENT, by and between the C to as "City"; and to as "Owner"; ,~. 4qO~ PAGE 665 ~. 1:1 ?~11 day of ~ , 19;t;? corporation, hereinafter referred ,-uJ.,~ hereinafterreferred () ~( J ~,3034182 AGREEMENT WITNESSETH: WHEREAS, the Owner owns the following described real property situated in the City of Clearwater, Pinellas County, Florida~ ~ (? ~'~,~ M ~/6 9L/7 - / tJ - ::l-I - ~:>--- ~ ?2~b -7. T.~ ~~(p 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 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 immediate 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 premi~es 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 Owner, his heirs, personal representatives, successors or assigns that the City in its sole discretion has det~rmined 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 alien 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 aSl)~gllS. no__'oo 6. All notices pursuant to this agreement shall be f1..1.r.nishedtothe respective parties . at tl1e.folJClWingaddresses" until rec-eipt of written i.nstructions notifying the other party of a different address: City: Mr. Merrett R. Stierheim City Manager P.O. Box 4748 Clearwater, Florida 33518 RUOROf,D . '. ".nus co: FLORltA 4. -1 k tr) AL '..... OLl". CIRCUITcouRr 71:~~.L dpl~ /C}7~ ,~~ ~~ ~ lilt 15 . Jl 1M, '13 This instrument was prepared by: HERBERT M. BROViN, C:ty Attorney" City of Clearwater, P. O. Box 4748 .Gleal'water, Florida 33518 RETURN TO: CITY CLERK P. O. BOX 4748 CLEARWATER, FLA, 33518 01"C~ \ ~()()l1.) .. I o. R. 4004 PAGE 666 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. By ;?~~z=:ctness: Ci Y Attorney .---- STATE OF FLORIDA ) COUNTY OFPINELLAS ) I HEREBY CERTIFY, that on this 1,/ day of ./?1 ~ , A. D. 197:3 before me personally appeared Merrett R. Stierheim, Herbert M. Brown, R. G. Whitehead and H. Everett Hougen, 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 thereof to be their free act and deed as such officers thereunto duly authorized; and t~1at the official seal of said municipal corporation is duly affixed thereto, and the said agreement 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 written. My Commission Expires: Notary Public, State of Florida at lar98 My CommISSIon Expirm S~l'l. 29, 1971 p9ndod, ~,y. hmoric.n f"o& ,.,".Ily Co, . :<':~'~.""1;~:"'o;:,1 ' " r~.:;:f,'[~ ~ ~.~ _ ' ,'__ '~""-" ,'" c-J .......... :.t.. ~,~,',j__~' ~i{ { ".~ \;,'~;. '"';',\.','." .......-"'."~". " __ '-4 . STATE OF FLORIDA__ COUNTY OFPINELLAS --J--' ) -Beforce-me-personatty--appeared to me well known and known ~ to me to be the individuals described in and who e~~lil&tt:' !/.'t;!;J.e foregoing agreement and acknowledged before me that 'they executed the same.J.:Q'Lj;~,~J>ur-P~-tiles therein expressed. :lZi?~'~~" _,.-:~~~. WITNESS my hand and official seal this ;j't:, rH day of YH~~A..er::- A;~'~19:p-. .! ......... - .. -- .., ~ ....~'" J J1#:;Z/n~ Mv Commission Expires: l'ibl Ai-:~ PU~tl.c ~TA TE OF nflRm.A A HAllGE M..) CC:'I:,"/;;-_:';;;t\.J"{-~ ;~){h.-;~:S ;,,\N. :~Ci- 1977 80NDtD ihkU ~;::(~I.:~'AL ~r'~~l.:HA:~CE UNDfRWRITfRc:.