SIDEWALK WAIVER GRANTED (244)
;:., -'
{'~ 0 R
I
o. R. 4193 PAGE
22
~
740~634AGREE~tENT
TlJJS AGREEhlENT, made and entered into this 7th day of .Tllne
1'Z! 74 by and between the CITY OF CLEAR WATER, FLORIDA, a ~b$lpal corporation,
hereinaHcr referred to as "City"; and Seligman Homes, Ine ..~ COJPORIOA
hercina.t~er referred to as ~:Vwner"; ;\-..;.c....Jr 1iJA,.~
CLERIl CIRWlr COURf
..,, 3 3' FH '7~
WITNESSETH:
WHEREAS, the Ovner owns the following described real property situated in the
City of Clearwater, PiIl.l'feHas County, Florida, to wit:
1471 Parkwood - Lot 2, Block D, Highland Terrace Manor Subdivision
and
WHEREAS, Section 7 -6 of the Code of Ordinances of the City requires that all land
that abuts a public right-of-way, which is to have new construction on it, either for resi-
dential, comn'lercial, industrial or other purposes, shall have sidewalks constructed by
the owner on, across or adjacent thereto; and
WHEREAS,. ".:!hc Owner is e:z:occcting certain new construction on said property and has
reqpested the City ~ this time not tr1> require the imn'lediate installation and co nstruction
of uidewalks in c~ection therew'iitli:1; and
WHEREA:S" the Owner ha~ :agreed that if in the future the City, in its sole discretion,
determines that rit IS advisable a.:md aecessary to have such sidewalks installed, that the
Owner will, upon notification bytlhe City, have sidev.ralks immediately installed at his ex-
pense, and if he should fail to dUJ $(0 then the City may have said installation made and impos
a lien against the described reali property for the cost hereof;
NOW, THEREFORE, iI: c:oDlSideration of the foregoing premises and other good and
valuable consideration between f1h<e parties, receipt of which is hereby acknowledged, the
parties hereto covenant and agre~:e as follows:
1. The City will not at tThh, thne require the installation and construction of
sidewalks as part of the erection. 0'1 the building and improvements by the Owner on the
above described rc<al property.
2. The Ci~'Y may at any 1io:m:~ in the future notify the Owner, his heirs, pers anal
representatives, SUl:cessors or :lss'igns that the City in its sole discretion has determined
that it is advisablra and nccessar~~ te) have sidewalks installed in connection with said
described real propt::rty.
.
3. The Owner or his hei::;s" }personal representatiyes. successors or assigns shall
at hi:, expense within ninety (90) dayS' from the notification by the City have sidewalks in-
stalled for said de scribed real property in accordance with City specifications and standa;-cs
as es~~ablished.
4. If the Owner or his heirs, personal representatives, succes sor s or as signs shall
fail to have sid".lwalks installed for the deseribed rcal propert'j in accordance with City
speciDcations and standards within ninety (90) days from the rotification by the City,
then tbe City may hav(~ the sidewalks installed and assess and impose a lien against the
described real property for the Cl!lst of the work.
5. This agreenlent is to be regarded as a covenant ru:.rming with the land regardless
of whether it is specifi,eally 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 pur.'3uant to this agreement shall be furmished to the respective partie::
at the following addresses, until receipt of written instruction'::.: notifying the other party
of ~diffLTent address: 0. "O~:~~~
R :<..c ,,\,0 ~'t>
~~ ~ ~
.. ~ ~ < ~ City,: ~ ~'t~G~~~o~"\.'t>
~ ~ ~ ~ :-.....: City' Manager .$~~' O. '0<:;'
Z ~ >< .~ PO Box '1748 c~\o~ ~:o.~ 'b ,
~ ::: ~ ~ ~ Clca:1\vater, Florida 3 3518 .,,\,'tv~.~ .,~\,c~"\,Q't'>
f-o I'"' F-~ .~'~ ~ {~
f,I.J ~ c5 < ' , ~ '\ "".'), I:~ ,,~'t'
ClC: (.) c: ?; ~~" v~/ (;: .:;.'0-
~ ~~. 0\. ~~
<l; ~ 6'''~ (;\.~
~
~
U
Ownc~:
Seligman Homes, Inc.
12945 Seminole Blvd.
Largo, Florida
')
(34)
OlOlOC:O
. 1_
.'-.",
o. R,4193 PAGE
23
-
...
., IN WITNE:S~) \V JJr:R~OF, the parties hereto h,1VC ca~:-;cd th('~c pr(,s{'lIt~:<1 to be
executed the day and year last above written.
Attest:
By
;?~~s:
City Attorney
Seligman Homes, Inc.
W7:::f~~
/~_ ~_ U~
Ast~
BY:
-tJ.
J.;;,p :..,.)
,\W ~H~
,"';':~ ...
I C ~: . ~~:~S'~~, ,'~~/ ~,"
president(S}~kL) ,
~ :,<-
;
SELIGMAN HOMES,
Wayne H. Croft.
~
,_ J '_~
~s to Owner
Owner
signature and official seal at Clearwater in the County of Pinellas
the day and year last above written. J.. ::..; <. , .
~?r/~ ',C.~~~..~,.<...
My Commission Expires: ~lic f ,/ '.::; , - c' '"
N.fary Pwlle, Stat. of PIct,ItI. .t l..."e .;, .. ~i ~. .. . i "-'
My COl\llllisai9fl Expi... 5.", 311, 1'77:,':~" I ' i 'y . ':;,
, ;.-( , '
""'(1 .. AIlltR~gR Fire l <:.s...1t) c... "/ ,': '"
WI'Ji'NESS my
and State of Florida,
STATE OF FLORIDA
COUNTY OF PINELLAS
~ ':.>.
kl~ \,.,...1
"J'.
""'"-- ,-,' '. .
j' ..'
" ~
Before me personally appeared Wayne H. Croft,~~esident
to rne well known and known to me to be the individuals desc_r.i bed inand who executed the
- foregoing agrccrnent anclackti()wledgedbefore Ine that they executed the same for the
purposes therein expressed.
WITNESS my hand and official seal this
~~197:~,
~,:'~
My Commission Expires:
NOTARY Pt.!R!lC, StC'te of Florida at large
My Commission Expires July 17, 1976,
MUIIOdl /)J r1ttll5 o..Ht.lJ II~Jt:lRIIUel:.
" "
.'
-2-