SIDEWALK WAIVER GRANTED (349)
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.;;~ '-. c~ ..:::1 WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
rfJ 0 ~" '~~right of way, which is to have new construction on it, either for residential,
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~ c:; f:-t;,;cOnmlercia1, industrial or other purposes, shall have sidewalks constructed by the
-;:: (.: .':; ,..owner on, across or adjacent thereto; and
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~ ~2; -~ WHEREAS, the Owner is erecting certain
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~H u ~has'requested the City at this t~ne not
.e eJ 't; Gconstruction of sidewalks in connection
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'0.1'. 3368 PA'GE 239
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t,00t71603
A G R E E MEN T
THIS AGREEMENT, made and entered into this ~~ day of
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation
referred to as "City"; and William M. Bennett and Delores K. Bennett,
hereinafter referred to as "Owner";
, 1970,
hereinafter
s wife,
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the
City of Clearwater, Pinellas County, Florida:
Lots 512, 513, 514, 515, Del Oro Groves, also known as 3200 San Mateo Street,
new construction on said property
to require the immediate installation
therewith; and
and
and
WHEREAS, the Owner has agreed that if in the future the City, in its sole dis-
cretion, 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 reCi1 property
for the cost thereof;
NOW, THEREFORE, in consideration of the foregoing
valuable consideration between the parties, receipt of
the parties hereto covenant and agree as follows:
premises and other good and
which is hereby acknowledged,
1. The
of sidewalks
on the above
City will not at this t~ne
as part of the erection of
described real property.
require the installation and construction
the building and improvements by the Owner
2. TIle City may at any time in the future notify the Owner, his heirs, personal
representatives, successors or assigns that the City in itd 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
spec1fications and standards as established.
4. If the Owner or his heirs, personal representatives, successors or assigns
shall fail to have sidewalks installed far 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 covenantr-unningwith the uland,
regardless of 'vhether it is specifically mentioned in any deeds or conveyances
subsequently executed, and this agreement shall be binding on all parties, their
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D.f\. '3368 llGf 240
IN WITNESS ~IEREOF, the parties hereto have caused these presents to be
executed the day and year last above written.
.
FLORIDA
~~neSi:
/' Ci ty At torney
Clerk
Witnesses:
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r Owner
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As
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this J'ld day of ~ , A.D. 1970,
before me personally appeared Merrett R. Stierheim, H~ert ~ Brown, R.G.l~itehead
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 known to be the individuals and officers descri.bed
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 muniE:ipa1 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 Pine11as
and State of Florida, the day and year last above written.
X:A~~/~ ~~
Notary Public . ... ....
My Commission Expires:
Notary Public, Stille of Florida at large
My (ommi"iJn Exp;r<1ls Od. 22, 1970
~I!a_!q, ,fJY ~.mIUU:"~. fire 0. \".CU,Ud),Y ,..,.
STATE OF FLORIDA )
... --. COUNTY-OFPINELLAS)
Before me personally appeared
William M. Bennett and Delores K. Bennett, his wife,