SIDEWALK WAIVER GRANTED (346)
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AG1U~El,mNT
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by
to
to
THIS AGREEMENT, made and entered into this
and betl\'een the CITY UF CLEARWATER, FLORIDA, a municipal
as "Ci ty"; and WAYNE THOMAS & JEANNE THOMAS (HIS WIFE)
a.s "Owner";
18th
day of ~ebrua~~._._._._____, 19._~
corporation, hereinafter referred
hereinafter referred
HITNESSETH:
HHEREAS, the wner owns the following described real property situated ill. the City of
Clearwater, Pinellas County, Florida:
Lot; 41, Del Oro gx~ Estates
706 Monterey
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of way, ,'Jhich is to have ne"T construction on it, either for residential, cormuercial,
industrial or other purposes, shall have sideHalks constructed by the owner on, across or
adjacent thereto; and
HHEREAS, the wner is erecting certain ne,v construction on said property and has
requested the City at this time not to require the immediate installation and construction
of sidewalks in connection therev,Tith; and
WHEREAS, the wner 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;
NOH, THEREFORE, in consideration of the foregoing premises and other good and valuable
consideration bet,veen the parties, receipt of \vhich 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 O\vner on the above described
real property.
2. The City may at any time in the future notify the OIvner, his heirs, personal
representatives, successors or assigns that the City in its sole discretion has determined
that it is advisable and necessary to have side,valks installed in connection with said
described real property.
3. The OIvner 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 describ~d 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,
SUGcessorsor ass-igns.
6. All notices pursuant
at tLe following addresses,
of a ditferent address:
City:
Mr. Merrett R. Stierheiffi
City Hanager
P.O. Box 4748
Clearwater, Florida 33518
RI:~ORefD
J'HEll4S CO, 'LORIOA
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CLERIC. CIRCUIT COURT'
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OIroer:
This instruJ11cnt ;vas prepared by:
EERB5";:lI,T l\Lb~(, 'i;,ni, City Attorney
City of Clc:;,vla~CI', P. O. Box 11748
Clearwater, Florida 33518
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(D.R. 3729 PAGE 952
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IN WITNESS WHEREOF, the parties hereto have caused
day and year last above written.
these presents to be executed
c(jl~~DA
the
Ci ty Manager:
correctness:
Atte~ .
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Witnesses:
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As to OIvner
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STATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY, that on this 1-:3 . day of ...7 -p ,.' , A. D. 197 Y"
before me personally appeared Herrett R. Stierheim, Herbert H. Brown, R. G. itehead and '
H. Everett Hougen, respectively City Hanager, 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 individuals and officers described in and who executed the fore--
going Agreement and severally acknowledged the execution the~eof 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.
I,.,
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Notary Public
My Commission Expires:
Nota!)' PCl,k St:tn 01 Florida .:t Large
'~:l' c~:.; .:.:~'l ~"~i(,:5 Cd. 22. 1974
9~(J.~ b7 #\mellCiaD rue 0.. \..aSuauy \.0__
STATE OF FLORIDA /..~- )
.... CODNT'rOFd PINELLAS Y
Before me personally appeared Wayne Thomas & Jeanne Thomas
to me ,veIl known and knmm 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.
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Not ty_ PUb.1ic
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A.D. 197L
WITNESS my hand and official seal this
\ C(.~Lday of
My Con~ission Expires:
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