SIDEWALK WAIVER GRANTED (290)
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AGREENENT
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75011991
THIS AGREEHENT, made and entered into this 10th. day of January
19 75 by and between the CITY OF CLEARWATER, FLORIDA., a munic:;ipal corporation,
hereinafter referred to as "City"; and U.S.H. Properties Corporation
hereinafter referred, to as "Owner";
WITNESSETH:
wHEREAS, the Owner owns the following described real property situated in the
City of Clearwater, Pinellas County, Florida, to wit: Exhibit "NI, Survey by Post,
Buck1"ey, Schuh & Jernigan, Inc. certified 10/21/74
And. .
WHEREAS, Section 7-6 ~f 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, connnercial, 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,
determiri~s that it is advisable and necessary to have su~h sidewalks installed, that the
Owner will, upon notification by the City, have sidewalks immediately 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
representative~, successors or assigns that the City in its sole discretion has determined
that .it is advisable and recessary to have .sidewalks installed in connection with said
described real property.
3. The Owner or his heirs, personal representa.tives, successors or assigns shall
at his expense within ninety (90) days from the notification by the City have sidewalks in-
stalled for said describe~ 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 sidewalk~ installed for the described real property in accordarice 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 l1ert against
the described real property for the cost of th~ 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 shail be binding on all parties, the heirs, personal representatives,
successors or assigns.
6. All I1Qtices purs\Jantte-thisagreernentshallbe~ fu;rnished to the respective
parties at the following addresses, until receipt of written instructions notifying the other
party of a different address:
City:
City Manager
PO Box 4748
Clearwater, Florida
B 518 IlEOOUlO
"NlLLAS CO, 'LO,,"A
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~l CIRCUIT COURT
Owner: U. S. H. Properties Corp.
One Countryside Office Park
Clearwater, 'Florida 33515
RETURN TO:
CITY CLERK
P. O. BOX 4748 .III II
CLEARWATER, FLA, 83518
Ziti," '15
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~ETURN TOr
CITY CJ..iI<;RK
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Clearwater, Florida 33518 ( / )
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Iv, R. 4255 PAGE1458
IN WITNESS WIIEREOF, the parties hereto have caused these presented to be
executed thr day and year last above written.
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City Attorney
By
CLEARWATER, FLORIDA
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Approved
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Corporation
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this
before me personally appeared
and H. ~ l-kv~ ' respectively C y Manager, City Attorne , City Clerk
and Hayor-Commiss~oner of the City of Clearwater, a municipal corporation existitlg unuer
the laws of the State of Florida, to me known to be the individuals and officers desclibed
in and who executed the foregoing Agreement and severally acknowledged the execution
thereof 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
Agreemen t is the ac t and deed of sa id corpora t ion . """>""..
WITNESS my signature and official
and State of Florida, the day and year last
seal at ClearwateI' in the County"o~
above writ,ten. .,:....':.. -, .
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. N tary Public.:. .... _
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Hy Commission Expires:
Notary Public:, State of Florida at large
My Com.mission bpi,os SOP'. 29. 1977
Bonded by American Fir. & Ca.ualty Co.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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Before me personally appeare
to me well known and known to me to be
foregoing agreement and acknowledged b
purposes therein expressed.
the
WITNESS my hand and
My Commission Expires:
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RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARWATER, }i'LA. 881H~
This instrument w~:' pr~pnred h7:.",
HEr:Bf~n1'~r 'f"" '\1' "f (., '" Al.t"I'!'j"'Y'.".
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City CL Ck;",,~,ter, 1'. (). Box 4743 :~
Clearwater, Florida. :33518
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1tetary Public; Sfaff' of. Florida at large
My r,nfT1l\1idan i ; I JULY 23. 1978
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
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city OF CLEARWATER
Intet~epartment Correspondence Sheet
City Manager Picot B. Floyd
Asst. City Mgr. Mike Par1k9~
Sidewalk Waiver Request - U. S. Homes
January l6~ 1975
R ecommenda tion:
That you sign the attached sidewalk
installation waiver agreement with U. S.
Homes Corp.
Background: The request by U. S. Homes for waiver of
~. sidewalk installation along U. S. 19~ north
of Countryside Blvd. on the west side, meets
the provisions of Section 7 -6 of the Code of
Ordinances in that it would be impractical
to construct a sidewalk in that location at
this time as that location now serves as a
drainage ditch.
SEE PLANS IN FILE