SIDEWALK WAIVER GRANTED (348)
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be tlJi'C n the CITY 0;.' CL.l:.:J\RUil.TLl: ,FLO;'( 11J/, , d ),<\ III ic :ip al COJ: pOl' a lion, here illaf Lel" r c fCJ.Ted
11 C i t Y "; ; m d o._W_ilJi~]]::L K. l.I~.C!:P-J':..:~~D~~LT f~ 1111 ~ J:.r.~"-?.::JI':.Y...L_ht~.~~if:!?...L..-._._ her e :i, n it f l: ('T ref c r J:C' c1
LO [lE; 1100"ncr";
HITNESSETH:
\.JHEREAS, tbo O(,mcr owns the follOl,;:ing described real lwoperty situated in the City of
Clearwater, Pinellas County, Florida:
and
E. 15 ft. of Lot 633 and all of Lots 634, 635 & 636, "
Del 01'0 Groves Subdivision 3325 San Mateo, Clearwater Florida
\~HEREAS, Ordinance No. 1219 of the City requircs that all land that abuts a public
right of way, Hhich is to have ne~" construction on it, ci ther for resident.ial, commerci.al,
industrial or other purposes, shall have sidc\va.iks constructed by the O\vner on, across or
adjacent theret.o; and _
l.JHEREAS, the OIvner 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
hTIlEREAS, the OI.mer has agreed tl1at if in the future tbe City, in its sole discretion,
determines that it is advisable and necessary to have such sidcUialks installed, that the
Owner will, upon notification by the City, have sidcualks huoediately installed at his
expense, and if he should fail to do so then the City may have said installation rnadeand impose.
a lien against the described real property for the cost hereof;
NOh!, THEI\EFORE, in consideration of the foregoing premises and other good and valuable
consideration bet\\leen the parties, receipt of \vhich is hereby acknO\"ledged, the parties hereto
covenant and agree as follows:
1. The City \vill 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 j:Jroperty.
2. The City may at any time in the future notify the O\vner, his heirs, personal
representatives, successors or assigns that the City in its sole discretion has determined
that it is advisable and necessary to have sideHalks installed in connection with said
described re~l property.
3. The O\vner 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 OIvner 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 Hork.
5. This agreement is to be regarded as a covenant running with the land regardless
of \olhether it is specifically mentioncd in any deeds or conveyance subsequently executed,
and this agreement shall be binding on all parties, the heirs, personal representatives,
successors oycassigns.
6. All notices pursuant to this agreement shall be furnished to the respective parties
at the following addresses, until rcceipt of written instructions notifying the other party
of a different address:
City:
Mr. Merrett R. Stierheim
City Nanager
P.O. Box L17/+8
Clearwater, Florida 33518
D-,.mer:
William K. Heapy
565 .Broadw~y
Hastings on Hudson,
N. Y. 10706
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. ~ETURN' TO:
CITY CLERK
P. O. BOX 4748
PLEA:RW 4TEH, FLA, 33518
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ro.R.3743 PAGE 361
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.1 ye:'j' 1n:3[: ahove \vritLcn.
d:
Al~~?~&::
City Attorney
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As to City .
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S'J' 'IE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY, that on this ____L/:t.....~day of __~, A. D. 197 '7--
before me personally appeared Herrett R. Stierheim, Herbert 1'1. Brown, 1<. G. Whitehead and
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Hayor-Col1U11issioner
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 t~tereofto be their free act and
deed as such officers thereunto duly authorized; and th2t the official seal of said municipal
corporation is duly affixed thereto, and the said agreeD~nt 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 \vritten.
"
X'~d-' ;;t5~
Notary Public
My
Com~~' sst.' C\J;L ExnirF..!'l:.
n-~~.' ."....... ..,.-,-;l'h _,rn~r..Ia ~. tar"e
v Q1; ..~"~-, ~ ...I~_'-._" 1o...'J :. ,-,..ll! 0\ ':J
My L:;::: :J ~....:.; C:i. 22, 1974
Bonded by American fila t.. Ca-iualty COs
New York
STATE OF ~EX~n~)A )
COUNTY ~'~~~~) __________~ ____________ __ ___ ____
Before me personal~y ClppearedWilliam K. Heapy and Jenny Heapy, his wife,
to me Hell knO\m and knO\m to me to be the individuals described in and \.;110 executed the
foregoing agreement and acknowledged before me that they executed the same for the purposes
therein expressed.
WITNESS my hand and official seal this
~ r i-~
day of
February
A. D. 197 2
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This insfruhcJJt
HEER?E~T' T.'...'
City OJ" iC;' ,'.," ,
Cleal'wat(;l'
"'''<; prepared by:
'. ~\7" C>ty j\{t'JJ~"ney
e. C, Box 4748
1~'10i~]cla BB518
DEAN W. BASSETT
Notary Public, State of New York
No. 60-5209c;OO
Qualified in Westchester County .
Term Expires March 30, 19,:7.a
My ConuTIission Expires: