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SIDEWALK AGREEMENT & CANCELLATION & DISCHARGE OF AGREEMENT 01~GW 40 Re~fn) 41 5t 42 Sur 43 Inl ::-r Tot~!!"D 11A I 17088169 J ;O~R(~~~1ijp^GEjL1L:)!t CITY OF CLEARWATER CANCELLATION AND DISCHARGE OF AGREEMENT KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, on the 18th day of March , A.D. 19 70 , Howard W. Bradford, Minister, Unity - Clearwater Church owner of the following described real property, si.tuate, lying and being in the City of Clearwater, Pinellas County, Florida, to wit: N ~ of the W ~ of the SW ~ of the SE ~. less the W 300.0 and less Road Right-of~Way Sec. 19, T 29 S, R 16 E did enter into an agreement with the City of Clearwater, Florida, a municipal corporation, providing for the future installation and construction of sidewalks by the owner; on, across or adjacent to said described real property, and WHEREAS, said agreement was recorded on the 26th day of March ,A.D. 19 70 , in Official Record Book No. 3298 , page 158 , Public Records of Pinellas County, Florida, and WHEREAS, the terms and provisions of said agreement have now been properly complied with. NOW, therefore, in consideration of the foregoing premises, the City of Clearwater, in its corporate capacity, does hereby cancel and discharge said agreement this 2nd day of June A.D. 19 77 , and does cause this instrument to be executed by the Mayor-Commissioner, City Manager, City Clerk and City Attorney respectively of said City and the Seal of the City hereto affixed. CITY CLEARWATER, FLORIDA Countersigned: By 7. " ~ ity Ao ey . . STATE OF FLORIDA ) COUNTY OF PINELLAS) Before me the undersigned, personally appeared Gabriel Cazares, Picot B. Floyd, R. G. Whitehead and Thomas A. Bustin the Mayor-Commissioner, City Manager, City Clerk and City Attorney, respectively, of the City of Clearwater, Florida, to me well known to be the persons who executed the foregoing certificate, and they severally acknowledged the execution thereof to be their free' act and deed for the use and purposes herein set forth. My Commission Expires: . ~'i~\" .:'"",", my hand and official seal this 6th daY_/lJf(~une_~: ;~~./"" J._ ;' ,..... -. ,,', ~( . <-- ~r--...,' _ - ;;. ., \... Notary Public, tate of Flbr~?i-?-~at:.Lar_g~:' '~" ... ' ....~ ....' " " .(~ ......,:. ....... "~ ~x J.. ,::; i\ WITNESS A.D. 19~ Notary Public, State of Florida at large My Commission Expires Sept. 29, 1977 Ionded bl Amori\:QQ Fiff & Caiuglty Co. ~ z: .... "" .-n % .;J:...." . f.;t ~ ~ r:" '" 'tIP.. ~ f~, \."~.': ~ .:\ ....' '-~l) ..~. ,': y, ~ f'~:" ~ "~ L :, ::-;' 9- ~ "- ~ " -' F~:;UftN TO: ~L~ ~, ~~'<19 CT1 - o 7 ~.~) .;;'c/I.-OC (;J) I.:':r.il~ff.t-(. " ,'f..,,( ....... ,0,. . ,., , ll; .' ,; Ti'L:J<.. ............"','t!!lV' '.'''if:~lUl1 I.!.~.~. y. :,..i~...:,.i'. i.: ..l.~...:. i....'~.;!:....i.I;~.;.'.t~.'.'..11. ;.ill A TEl' ',j'I,I. fJ >~i ;,': I~i ': ,-,,,,,;rmii',,, 1".....,..1!.~..-pii dence Sheet if ;' :\:,;.~,!;; . ',' J:;p ;:.i .iL~ .' "lI.Mliilllnl;~.j.,"~"!III11l1l1W~tk '!II!!if:ij.fHt:fm"mL.;~i~~:t'!il.,'!!!!~II,. , i.: 1:1 i~ FROM:" , , ., . . I. I,; :v_...... "'~;I """"'WI ~i""" C"., ,OJi_ , ! ~l "i ! ;~.l "'1 ,'. " ""'..1 COPIES: ~ - : - , , OA1:lt i ,:! I " , ;_..~~....! ,d,1 , '!l' " j", 1 '..'...."1 . -' ""C - I - Cl__. '!:, ! :;, '.... i ,. .. i...., ,)r!. ...ii.I' .i': . . ,.1 ... ... ... .," <. .... ,." ...':, .'. ,.. ,: : ...m=-,~"*"lil".':'i"'_:i_I~~I!..;.'" .~ .,.:.,'-1, 'lll"i:i!(rri!,i .. . . ... ... ,... ! '1'. . ~ ! i , i -< ",I ~ I .' J I CltV OF CLEARWATER Interdep.rtment Correspondence Sheet .. """ . -' ~.. TO: Mr. Thomas Bustin, City Attorney FROM: Keith Crawford, Director of Traffic Engineering COPIES: Clark Lowrey and Unity Church~' SUBJECT: Sidewalk Waiver - 2465 Nursery Road DATE: Apri 1 28, 1977 This is to request that the sidewalk waiver, as described in the attached letter, be cleared from the records at the Courthouse. The City has installed a sidewalk at this location and has received reimbursement in the form of a check in the amount of $1,189.40 from the holder of the waiver._, Since their obligation is fulfilled it would be appropriate to have the waiver records removed. '1{G KC:1a r '~".~." ..:" . .... :-':~~ I' . ~ J.. '" of <. ",' <"' '" , ~-l." ~ .(:: '" . <.:.U"iE:\lJ J -JI '-I' ~ ~ t--- I I c.JOo NOTember 18, 1916 Send Certified Mail - Return Receipt Requested R..... Bovard w. ~adtord, Minister UDit1 - Clearwater Church 2a.6, lur.err Road Clearwater, Florida 33516. Dear BeT. Bradford: REL Agreement tor Sidewalk Va! ver Dated: March 18 1910 Recorded: OR 3298. Page 158 Real property description: If ~ ot the ~ ot the S.W. \ of the S.E. ~ les8 the W 300.0 &D4 1es8 Road R-O-W Sec. 19, T 29 s. R 16E The above described agreement provided ae follows: "The City may at any time in the f'uture notifY the Owner. his heirs, ~sonal representatives, suecessors or assigns that the City.1n its BOle discretion has determined that it is advisable and necesa&r7 to have sidewalks installed in connection with said real property." "The Owner or his heirs, personal' representatives, successors or asl1gnt shall at his expense wi thin ninety (90) days trOll the notitication by the City have sidewalks installed for said described real property in accordance with City specifications and Btandards as established. II After proper review and consideration by the Tarious departments of the City. it has been determined that it is now necessary to install sidewalks on said property. Formal notice is hereby being furnished to you that you are, at your expense, wi thin ninety (90) days trom the date hereof, to have sidewalks installed tor sa1d property in accordance with City specifications and studar4. as established. It you tail to do 80, then the City will haTe tbe sidewalk. installed and asseas and impole a lien against the described real propertY' tor the cost of the. work. It TOU haTe &D7 questions, ple... contact this oftice. Our phone nuaber is ~~2-6l3l, Ext. 251. toure truly, Keith eravtord, P.E. D1rHtor ot Trattic BDJil1eeriDC ICC: 1& CC: Mr. Max Battle, City Ensine.r Mr. Mn.e Parob7. A..t. City Manager ; ..-. r /. / 1 . I 01 3298 PAGE158 ~,e029814 II " . '. AGREEMENT THIS AGREEMENT, made and entered into this 18th da y of March , 1970, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, herein3.fter referred to as "City"; and Howard W. Bradford, Minister Unity - Clearwater Church hereinafter referred to as "Owner"; WITNESSETH: WHEREAS, the Owner owns the following described real property situated in the City of Clearwater, Pinellas County, Florida: N ~ of the W ~ of the S.W. t of the S.E. t less the W 300~O and less Road Right.-of-Way Sec. 19, T'29 S, R 16 E. and. 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 lor 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 thereof; -1- ;!= :::D .po.,) en % J>oo ;'='~-o 0- ,.-z o~ xr-<1'I ~~(:") h; (0).0 %o::tJ 0..0 ~ ~,., !:"o.c na! '-0 ;.- ,. w s:: \D -0 :3: . -.a c:lI " '07.. cJ"::7Q - cD (I ) I' I OR 3298 PAGE 159 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 improve- ments by th~ Owner on the above described real prop.erty. 2. The City may at any time in the future notify the Owner, his heirs, pers onal 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. . I I I 3. The Owner or his heir,S, personal representatives, successors I . or assigns shall at h}.s expense within ninety (90) days from the notification by the City have sidewalks installed fotsaid described real property in. I 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 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 conveyances subsequently executed, and this agreement shall be binding on all parties, their heirs, personal representatives, successors or assigns. ~~~~;,.-r~...""';,:'<,"';"''''''''''~''''~'_'*'"'~"~___~'~'.''''~''''''''''''~~'''.';;~_......-.---~...._-,_.~"'---,-..--;..- -~ ,... 6. All notices pursuant to this agreement shall be furnished to the respective parties at the following addresses, until receipt of written instructions notifying the other party of a different address: City: . Mr. Merrett R. Stierheim City Manager PO Box 4748 Clearwater, Florida 33518 . -2- ! I I. .' OR. 3298 PAGE160 Owne 1': Howard W. Bradford, Minister Unity - Clearwater Church 631 E. Turner Clearwater, Florida IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. , FLORIDA . Approved as form & correctness: ~~ ity Attorney Witnesses: ;e:-:-<~ t6'dL:/ ~7~~ As to City . . ~~$~ ~ A;/~' A~r /4~~ Owne/ . .' "STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this 'J-1f:;;t:/0 day of t11J~.) A. D. 1970., 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 kn()wn 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 duly authorized; and that the6fncfar-s-ea'I"(5r'~"A'1tl"'MM'rici"palt.ort'V'~c.Ltiub io dwy aI.fiho::;d th~:t do, dnd the 6,~~p.'iagreement is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinella.s,and State of Florip.a, the day and year iast above written. ~CP~ ';C3~ MfC()mmission Expires: Notary Public, Shtc of Florida at Large My (om::;:~c;;Jn Ezpirc$ O[!. 22, 1970 Bonded I:y Ar..arican fire & CaJ<.:..ffv Co. -3- , .. I . , " I .. "'.0 ~ DR 3298 PAGf161 STATE OF FLORIDA ) ) COUNTY OF PINE LLAS } Before me personally appeared _ Howard W. Bradford, Minister to me well known and known to me to be the individuals described in and who executed the foregoing agreement and acknowledged before me that they executed the same for the purposes therein expressed. . /?M day of ~, "":. . WITNESS my hand and official seal this ~-'. :~':~~<D!~~J::9 70.-- n_ -- -- - . -- ./~, 'Q;": r' c: ,"'~,'0.J :1'''' ".: ,.. - ~ "'t .. --' ~..:.:..-:o ~ -- ~ , .;;;; - , -~.>.' ,.,: "" S t..:, ~/' . .:);1.y-:d9nlihission Expires: "No~arv"Puhlic. Stat~ of Florida at large My Commission Expires Sept. 5, 1971 ,Bondeu by Iri:lnsamerica Insurance eo.. /P~O ~~ Notary pur . '~,' ........,....,---,.L'.........,...;;::".~;~r-.;,-.... ')l:-,-.,._~ -4-