SIDEWALK WAIVER GRANTED (357)
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D. R. 4072 of'AGE1503
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73119840
AGREENENT
by
to
to
THIS AGREE"ENT, made and entered into this .IS-= day of (;;/~ ,1973
and between the ~TY OF C~WAT~ FLo~a u:un.iciPal corpor.~.at~o) reinafter referred
as "City"; and 2 ,:.-?/YI.//V\ A ,~ ..~ ~ _~,L~:: {. I hereinafter referred
as "Owner";
WITNESSETH:
l,
WHEREAS, the Owner owns
Cleanva2?r, Pinellas County,
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the following described real property situated in the City of
Florida: /0-1- b -- ;)L;t, /J - p~ ~~
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and
,
WHEREAS, Ordinance No. -1219 of the City requires that all land that abuts a public
right of way, which is to ha:\.~e newconstr-uctianan i.t, either for 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 ha'S
requested the City at this time not to require the immediate installation and construction
of sidewalks in connec tion there,vi th; and
WHEREAS, the ~vner 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 hereof;
NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable
consideration bet\veen 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 ;.'roperty.
2. The City may at any time in the future n0tify the Owner, his heirs, personal
representatives, successors or assigns that the City in its sole discretion has ~etermined
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 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
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 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 befu:r:nished 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
P.O. Box 4748
Clearwater, Florida 33518
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Owner:
AUG 30
3 19 rH '7j
Vernon m. Miller
516 Patricia Ave.
/' RETURN TO:
.' .' 'CITY CLEUK
P. O. BOX 4748
CLEARWATER, FLA. :n51g
Dunedin, Florida
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IS 1l,SLl"!J1'i("'~ '.-,','.. T:l'c}):lred by:
HERBEgT 1\1. J :1: ,) Vi, Attorney
City of C1C:ll',\vcclCr, P. 0, Box 4748
Clearwate't, Flul'~da 83518
33528
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D. R.4072 PAGE1504
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
.; CIT't
By
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Ci ty Clerk
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f(J to Owner '< #. ~ !~
STATE OF FLORIDA ) Y ~
COuNTY OF PTNELLAS )
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Owner .
I HEREBY CERTIFY, that on this ...<q~ day of ~' , A.D. 197 "3
before me personally appeared 1J-~rrQtt R. gtic.L Le.i.M;- Herbert N. Bra , R. G. v-Thitehead and '
H. Everett Hougen, respectivel~City Nanager, City Attorney, City Clerk and Nayor-Commissioner
of the City of Clearwater, a municipal corporation existing under the laws of the State of
Florida, to me knOlvn 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 that the official seal of said municipal
corporation is duly affixed thereto, and the said agreement is the act and deed of said
corporation.
WITNESS n~ 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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Nt- :_Y-':U~Hc_ '. --~
Ny Commission Expires:
Notary Public. State cl Florida at large
i.\V (omm:sswn l:::1":rcs )[pt. 17. I'll j
Bonded 6y Amtlrj~.:;.n fire & Ca:oually C~~
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4kSTATEOF FLORIDA
COUNTY OF PINELLAS
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Before me personally appeared VeRNON m. /lJ,LLeJe, A/'JI) ,LOUt s e- J11, LLE/?
to me well known and known'to me to be the individuals described in and who executed the
foregoing agreement a~d acknowledged before me that they executed the same for the purposes
therein expressed.
"WITN,ES.!' my hand and official seal this
/~-~
day of
A U.C:uST
A.D. 197~
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~ /71, 'rP~
otary Public
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My Commission Expires:
NOTARY PUDUC, S.Tl\TE of FLOR1Dt\ at LARGE
MY CC:J:;lI$"iOii EXPli~E:) AUG. 31, 1975
QOR.,l~W UN i\m1r~"":,n fJ!):':'-';--"" ;;"'lC"ur-'u!l""'D' (\<i