SIDEWALK WAIVER GRANTED (53)
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72153965
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. O.R. 39~b PAGE 38
AGREEJv!ENT
THIS AGREEMENT, made and entered into this 16th day of November , 19.-J..2:.__
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as "Cit'yi,;1 and Thttlas J. Bartello & Mary M. Bart;ello(his wife) hereinafter referred
to as "D-,vner";
WITNESSETH:
WHEREAS, the Ol,mer owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
904 S. Hillcrest
Lot 6, Block A
Parkwood Subdivision
and
HHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of way, \vhich 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
HHEREAS, the (Avner is erecting certain .nev] construction on said property and has
requested the City at this time not to require the innnediate installation and construction
of sidewalks in connection therewith; and
WHEREAS, the (Avner has agreed that if in the future the City, in its sole discretion,
determines that it is advisable and necessary to have such side\17alks installed, that the
Owner 'vi 11 , upon natifica.t ion by the City, have side\oJalks 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;
NOH, 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 follmvs:
1. The City \vill 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 ~)roperty.
2. The City may at ('ny time in the future notify the (Avner, 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 (Avner 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
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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. TIlis 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 shall be furnished to the respective parties
at the following addressesy until receipt of written instructions notifying the other party
of a different address:
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida
...~ RECtlRtlH
" ,. ~US cc ri.(.n~iI.t.
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~l CIRCUIT COURT
Owner: Thomas J. Bartello
Mary M. Bartello
912 Jasmine Way
Clearwater, Fla.
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.' 'rhifJ, instrument was pr~JTRreu~-'~
H~RBERT, rvI. BROWN, City Atto;~~y
CIty of Ci(;an,vat('l'. P. O. Box 4748 ;"
Cls.arwater. Florida 33518
RETURN TO:
CITY CLERR
P. O. BOX 4748
CLEARW A TEn, FLA, 33518
(15'),
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O.R. .3940 PAGE .39
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and xear ~ast above written.
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By
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CITY
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Witnesses:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 5~ day of _./O~, A.D. 197~
before me personally appeared Herrett R. Stierheim, Herbert H. B~n, R. G. hThitehead and '
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Hayor-Corrunissioner
of the City of Clean-rater, a municipal corporation existing under the Im!s of the St2.te. 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 thdt 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.
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~~...~~
Notary PUblic
l1yCormnissian E:llin.iro~s' ,_
Notary Pun!!c. ~tate 0I"J1OJ1C1G at U1~
My (or.l,;,i5j~11 hpim Od. 22, 1974
ao.ded by ~ Fife & Ca,ually Co,
"'STATE OF FLORIDA )
"~'l\rTY OF PINELLAS )
V'
~ Before me personally appeared 7;iox:o"/$> j 15,q~r~cL () ,I ~~Y /11' ff,q/?T?5i-/" C 1)
r to me well known and known 'to me to be the individuals described id and who executed the
foregoing agreement and acknowledged before me that they executed the same for the purposes
therein expressed.
WITNESS my hand and official seal this
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?--O __ day of Jj/cJl/~J#~-c:,,-< A.D. 1972-.
y Connnission Expires:
,NOTP./1Y PUBLIC, STATE of FLORIDA at LARGE
COMMISSION EXPIRES JUlY 26 1974
ONDED THROUGH FRED W. DIESTELHORST
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