SIDEWALK WAIVER GRANTED (247)
_~I
"
75093792
i\(;I'~ ,.: 1':1'; 1':[j'J'
I
,IJ~ k. 4311 PAGE1812
~ TII.l~~ M;)U:I~t'II':NT, made and E.)nttT(~d inLo this . 23rd (by of' May
19.11.. __._uy and between the CITY OF CLEl\HW^,n:R, FLOl{-rDX;-r; l;;~';-I:;i-c ipal Z;~poJ'i;i:-i;)-I~~.--------
IWH'in:i(Lcr referred to as "City"; and Sydnex J. & Doris M. Snair
hereinafter referred to ,IS "Owner"; --.- .-----.-----~--~-.-.-----.
WITNESSETH:
WHEREAS, the Owner owns the fo llowing described rea 1 property situated in the
City of Clearwater, PinelIns County, Florida, to wiL:
And Lots 133 & 134, G1enwood Subdivision
WHEREAS, Section 7-6 of the Code of Ordinances of the City requires that all land
that abuts a public rieht-of-way, which is to have new construction on it, either for resi-
dential, 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 ilnmediately installed at his ex-
pense, 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 Owner, his heirs, personal
representatives, successors or assigns that the City in its sole discretion has determined
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 in-
stalled 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 withi~ 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. All notices pursuant to this agreement sllall be furnished to the respective
parLies at the following addresses, until receipt of written instructions notifying the other
party of a different address:
City:
City Hanager
1'0 Box 1.7 4n
C lea rWil tel', 1"101' 1el:\ 33518
Owner:. Sydney J. & Doris M. Snair
515 N. Mars Avenue
Clearwater, Florida 33515
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARvVA'IER, FLA, 3351~
Rf'li0I10ED
r-'Ptf.lLA:. ce. FlORIDA
.~...~trt(',_J~
CLERK C:i<,(UiT COURT
This instrument was prepared oy:
~UY L. KENNEDY, JR., Acting City Attorney
P. O. Box 4748
Clc'''-'Y7::!er. F'.)ric1a 3~r=;18
Jul Z3
-1-
3 02 PH '75
01~.'9CDl.~S)
"--...------ ~--~ -_cr"
pxcctlf..l'd
4
J
IN '\.JIINE:;~; WIlEI(EOV, the pal'th's hereLo
LIll' thy ;lnd YC;IJ:" LJ~,t :tbuv(~ \-!rltten.
I
hdVC l'ilUDed t1le~H' prC5ellted to be
0'" R. 4311 PAGE1813
'.
Approved as to form & correctness:
By
Countersigned:
~~~~".&-V~
,~_____ ,_L___
Mayor-Commissioner .'
WitnyS:
~/~~
~;f:~
~ ,(/ ~)
A(ijt{~
~~~~~
- tJ
}r:~ m. ~
( SEAL)
( SEAL)
Own e r
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this
before me personally appeared~ 15, :::;
and ~ f>~ , respectively
and Mayor-C;~ssioner of the City of Clearwa under
the laws of the State of Florida, to me known to be the individuals and officers described
in and who executed the foregoing Agreement and severally acknowledged the execution
thereof to be their free act and deed as such officers thereunto d~ly authorized; and that
the official seal of said municipal corporation is duly affixed thereto, and,ch~L~isji'l'd""
.\ , ' :, 'J..,,, ,
Agreement is the act and deed of said corporation./">,j'..:"...,'
,->-'It.. ~. ,-", """ if Iil ~ , .
... / ~ . ..
WITNESS iny signature and official seal at Clearwater in the Co~tJ!"'~fJ~~'uas
and State of Florida, the day and year last above written. ~ : '0.
't:'~ryc;u;'~" ~'.'.
My Commission Expires:
Notary pubnc. Slate of F10ritla .t larg~
My Commrt.J.iOft I!vpir.. <apt .,0 1077
Bonded by American firo & eo,ua!ty Cu.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
',',
/
Before me personally appeared S'Vdney J. Snair and DOri.s"M~ -gnAtr-..~- , ----.---0
to me well knm-1n and known to me to be the individuals described in and wttOexec\.lte.Q:
foregoing agreement and acknowledged before me that they executed the san!t;, fo:t: the <j
purpo::es lh",rein express('d. ';. "-
~ ....
th~.
HITNE:';S my hand aIld off ic ia 1 sea 1 this 23rd
day of -.May
" 1 9.15:.,._ .
~1y C~lI\llll. f; ~;ion Ex pi rt':~ :
~y l~j~----
NOTARV PUBLIC STATE OF FLORIOA at LARGe
r~Y COMMiSSIOi; EXPiRes FES~'J;'<::Y 4. [0;'9
BOijLED B1 M,iERiCAN BANKERS IilSJP.ANC~ (,0
- 2-