SIDEWALK WAIVER GRANTED (359)
'"
,~ I;.. . 1'-6 II
I _:3 -I fa. ~14152 PAG{ --I 56
,~ .c 7404:f-765 AGREE~tENT I
Q THIS AGREEhlENT, made and entered into this 8th day of Harch ,
\ W, '(I'~ 1: 74 by and between the CITY OF CLEARWATER, FLORIDA, a municipal C orpor, U on,
J hercina{rier referred to as "CHy"; and Williams and r>Jalker, Ltd., a Florida
hereinaJ:~cr referred to as \:lQvmer"; . Limited Partnership.
WITNESSETH:
WHEREAS, the Ovner owns the following described real property situated in the
City of Clearwater, Pili.'Trd'1as County, Florida, to wit: H & B #1
Section 7-29-16
1500 U. S. 19 North
and Clearwater, Florida
WHEREAS, Section 7 -6 of 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, comm.ercial, industrial.or other purposes, shall have sidewalks constructed by
the owner on, across or adjacent thereto; and
WHEREAS,. -ilic Owner is eI:'fC:cting certain new construction on said property and has
reqpested the City ~ this time not trIl require the irm:nediate installation and co nstruction
of mdewalks in c~...n.ection therewi!tlh; and
WHEREA.S" the Owner haS' :agreed that if in the future the City, in its sole discretion,
determines that :iJlt IS advisable 3JZld :m.ecessary to have such sidewalks installed, that the
Owner will, upon notification bytm City, have sidewalks immediately installed at his ex-
pense, and if he should fail to dcr) &.0 then the City may have said installation made and impos,
a lien against the described real! :;property for the cost hereof;
NOW, THEREFORE, ir; cnrnsideration of the foregoing premises and other good and
valuable consideration between ffute parties, receipt of which is hereby acknowledged, the
parties hereto covenant and agree as follows:
1. The City will not at tI!ni.!; time require the installation and construction of
sid,ewa1ks as part of the erection' em the building and improvements by the Owner on the
above described re;cl property.
2. The Ci~:ymay at any 1itin:.ce in the future notify the O.vner, his heirs, personal
representatives, SU1:cessors or :ls.s-5gns that the City in its sole discretion has determined
that it is advisablrc a;nd necessar~\~ to) have sidewalks installed in connection with said
described real propE:"Ity.
,
3. The Owne:r or his hei::;s., personal representatiyes, successors or assigns shall
at hi:>. expense within ninety (90) days from the notification by the City have sidewalks in-
stalle,d for said described real property in accordance with City specifications and standards
as es''jablished.
4. If the Owner or his heirs, personal representative;;, successors or assigns shall
fail to have sid~walks installed for the described real property in accordance with City
speciDcations and standards within ninety (90) days from the :Rotification by the City,
then the City may havc~ the sidewalks installed and assess and impose a lien against the
described real property for the ct!>st of the work.
5. This agreenlent is to be regarded as a covenant rmaling with the land regard1es 5
of whether it is specifi<cally mentioned in any deeds or conveyance subsequently executed,
and this agreement shall be binding on all parties, the heirs, personal representatives,
successors or assigns.
:>,
f.. C) UJ 0(
'~;' ,
~; . 6. All notices pur.,uant to this agreement shall be furcr.:ished to the respective partiet
] .,;at D1e following addrcsses, until receipt of written instructions notifying the other party ~
J-< ,'~ d --,,-,00 ,.~
~~Oi.~diffLTenta drcss: O~~~
~ 0, O~ "'Nelt1~~~H~RIOA 0 ' ~Fc & ~ r;
'r>l Z ~ 'i: City,: 1", tI"-r"": wne':": 0 0 C!,'
;.""~ f$ ..2 C' ~. .",,,,,,\11 Jv>>-t-A. ~ = :.:.,
, 0 ~ ~ It}" Manager . eLf'" CIRClJrf COURT lVilliams and Idalker, Ltd ,N d ~:
~ ~ ~.: PO Box 4748 It 1445 Court Street Sa.:;;'
~ co ~ j Clea:rwatcr, Florida 33518 MIllS A 12 ~ '1.. ClearvJater, Florida ~
~ ~
+ ~
u; , :2
ii' a ...
~.",;
M..,.. .
_ ~ v,
~~a
')
. 1..
0'7~c>3') ~tXJ(i) ,
,"
..",," IN WJTNES:.'; \\jll...:rUIOF, the partic~ hereto h,1VC
'~cxccuh:d the day an<1 year last above written.
.0. R.4152 PAGE 37
cat;cd th('~;cpr("S('tltG(l to b~'
.
By
~z::ectness:
'ity Attorney
Witnesscs:
~~I~#:~
Genera I Partner
(SEAL)
;
(SEAL)
Owner
STATE OF FLORIDA )
COUNTY (O:FPTl\J'"ELLAS )
I ]Jl.ERElBY CERTIP"'.if, tha1t on tbis 26th day of March
before Dlle :iPer~;;~cmally appc<;;:J..xed Picot B. Floyd, Herbert M. Brown ,Mar
and H. Everett Hougen , r'e"spective1y City Manager, City Attorney, / erk
and Iv1ayor-Corrm:rissioner of th~ City of Clearwater, a municipal corporation existing uncer
the laws t'lJ th~. S!ate of Fln::r::,da, to me known to be the individuals and officer s dcscribed 1:1-
and who executed the foregoing Agreen'1ent and severally ar:knowledgcd the execution thereof
to be their free act and deed as suc;h officers thereunto duly authorized; and that the officic.l
seal of said rnunicipa1 corporation is duly affixed thereto, and the said Agreernent is the
act and deed of said corporation.
WI'JiNESS my signature and official seal at Clearwater in the County of Pinellas
and State cd }""'lorida, the day and year last above written.
My Commission Expires:
Notary ?ub1Ic. Slate of l'1orlcfo ot large
My Commission Expires Sept. 29, 1977
Bon~ bJ Amllri'Qn fir. & Calualty Co.
e.
\\\\\1111' II !"""
......\ " \l1 J. "" "1
\,,'\., \;~ -'.II"'~li V ~,'i~,,,
iii _'. ,;/ J'<
'. '(",I',
8 ....:..
.... 1/ Ct \ ,...>:
~, . vOi ".)... ;to
: '~~", ~ ..../ ~'.::J :
;,- \'.~ ~ -{ 0' - ..
,+,,". l1./.0N '
-=- ..(, to) ",- ~ ..~
.... \;, ," '. ,...\-, "
'. V .... ,~.."....
'f,,;, i'..,...~~t\ \."',>-,,~~"
'I '" r",...., ,\
'II"~, '!1\ ,.,\\
Public
STATE OF FLOIUDA )
COUNTY OF pn~ELLAS )
Before me personally appeared Edward H. 'vJal ker,Jr. as Generar Partner
to me well known and known to mc to be the individuals described in and who executed the
foregoing agrecrnent and acknowledged before Hle that they exc:cuted the same for the
purposes therein expres sed.
My Conmlis sion Expircs:
N~ry'P~b,i~, State of Florida at Largt
My Commission expires Jan. 24, ".,.
laf1fLd b} .&,~ ~ :~". Lit ~.... ~ -.,...h, (2~
j? ~ dayoi ~--e.- e.P
..~
" '7J
19~.
WITNESS my hand and official seal this
-2-
ubJic
. \\\llll\lIlll1"
..,\1 \' I' '!JI'l
," , '," , \ ..::1l'1/.,-
....~ <t-\ ~ ,1.,1 It' It t'.,.. V /~~
.$" (- ~.-&l i.'). c- ~,!,
.'! '! ...\...<(0.\ ~
i<~ tc Q ..,." ~~
= <r ~, <" C2 .J :: ~~:;-
;.~,'~ }- 0 CO' ;1 <::::
~, .I \, ~ ~ ~ ,~. '~
-'. " -.2 to. ... .
......~. .....,.... III -~ 4.; J........... -
.,.~ '.~).r...I:~" . . ~
{"i. t;'1i.. '~j,j./;'~~.,
"'l~"ij"'-L~'-'Jt 'v-'
. Ijl,n~'it,~l,-'I(":