SIDEWALK WAIVER GRANTED (358)
AGREDIENT
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TIllS AGREEMENT, made and entered
by and between the CLEARWATER
to as "City"; and
to as "Owner";
, 1973
ereinafter referred
hereinafter referred
WITNESSETH:
WHEREAS, the Owner owns
Clearwater, Pine11as County,
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the following described real property situated in the City of
Florida: d~ / - ;1i!L. fl. -/!JJ~ ~l4-et-~
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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 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
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 ();mer has agreed that if in the future the City, in its sole discretion,
determines that it is advisable and necessary to have such side\yalks installed, that the
O\vner 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 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 ;roperty.
2. The City may at any time in the future n0tify the Owner, his heirs, personal
representatives, successcrs 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 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 sh~ll 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 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 .28
Clearwater, Florida 33518 .
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CLERK CIRCUIT (,OIJRi
3 42 tH '73
Owner:
Vernon M. Miller
516 Patricia Ave.
Dunedin, Florida 33528
This in2J;I'\1';Y',t v"l'1 pre')ared by:
, ',',' Attorney
HERBERT l'I, -
" Fux 4748
City of C1U1.i;rJ
Clearw:ltc'l', ,'jua ~;~;~;18
RETURN TO:
CITY CLERK
P. O. i<CX 4 ;.38
CLEAnVli\T::R,FLA. 33518
07-032--,.00('1)
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
CITY
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By
Approved ?s to form and correctness:
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City Attorney
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s to Owner
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STATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY, that on this 02-'f?:L day of ~ , A.D. 197.3
before me personally appeared >cMcrrctt ~. 8tierl1l!.in" Herbert ~.- B4wn, R. G. 1ilhitehead and
H. Everett Hougen, respectively)(;ity Hanager, City Attorney, City Clerk and Hayor-Commissioner
of the City of Clearwater, a municipal corporation existing under the laws of the State of
Florida, to me known to be individuals and officers described in and who executed the fore-
:going Agreement and severally acknowledged the execution the:ceof 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 my signature and official seal at Clearwater in the County of Pinellas and
State of Florida, the day and year last above written.
Hy Commission Expires:
t florida at large
Notary Pu~li(: St~te i~es Sept 29, 1973
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_"."~ ''''WitN't-s.s my hand and official seal this
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A.D. 197~.
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My Commission Expires:
NOTARY PUBLIC, STATE of FLORIDA at LARGE
MY COMMISSION EXPIRES AUG, 31. 1975
Bonded By American &.ni;ers Insurance Co,