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SIDEWALK WAIVER GRANTED (347) &~ I ti'21170D2 I 6~~~ rm 583 TH'iS AGREEMENT, by and between the C to as IICityll; and to as IIOwnerll; day of _~pt , 19 7L, corporation, hereinafter referred ~#2.() heJ::'~i1i.vfter Jeferred Wd-~ WITNESSETH: WHEREAS, the Owner owns the following described real property situated in the City of Clearwater, Pinellas County, Florida: ...,t> 'I-- ,- ~q jJk.{i tf4.w ~ (3/-JSJ )5'1 /.. 381. Ill- <d-Rof OLC-C.-Q .18) ?lf8.1.J / ~ J')3'- .-J/1f1-1/jE,i?/lIJI1IJ1n10 Sr. C/.-~/9RWi9TER, FI-J9. Pt..i!T (6DO( (d- por <a- p~ ~a-( ~ WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public right of \-lay, \vhich is to have new construction on it, either for residential, conm1ercial, industrial or other purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and (JZ36) and F~ 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 O;,mer 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 notificat ion by the City, have sidewa1ksinmlediate1y 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 property. 2. The City may at any time in the future notify the Owner, his heirs, personal representatives, successors or assigns that the City in its sole discretion has determined that it is advis~le and necessary to have sidewalks installed in connection with said described real property. 3. The O\mer 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 of whether it is specifically mentioned in any deeds or and this agreement shall be binding on all parties, the Stlcce1)sC>Ls"Ql'.,assigns._. --.' .---. running with the land regardless conveyance subsequently executed, heirs, personal representatives, 6. All noticesp1l.rsuant 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 Clearwater, Florida 33518 Ht:(:f~:--.::~i PINEl:',\'$ c; at!,:::,/. ~~tt'7...tL~'"'. CLERK CIRCUIT COURT Owner: William H. Leonard, Jr. & Dorothy A. his wife 3236 San Bernadino St. Clearwater, Fla. 33515 au 18 U ~5 AH '7Z , . ..,:...., "',' ",;' ','''''' '~"'(':) ~"ed hv. '. TTHis1~'it1sh'u'm 811t v:aspJ.ep~rE),d- :~l' H~:rft~~~~~~~~!{~Y \ RETURN TO: (;T'T'Y CLERK P C. E-X ~":'8 CLEl\I,\/':~Tl:i". 1<'1.,\, ;U~18 07- 0 .3tf~OO(;;;i?ff) ., I :J [O.R. 38i9 PACE 584 IN \o/iTNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. correctness: By ~~,,~~ 1(r~'Le~ A~~~ ~I'J~/'/ A~~~- As to Owner Witnesses: STATE OF FLORIDA COUNTY OF PINELLAS ) ) I HEREBY CERTIFY, that on this IS/' d day of LA 1;:' IJ.ULJ , A. D. 197;;::L., before me personally appeared Merrett R. Stierheim, Herbert~~R-. - G. Whitehead 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 individuals and officers described in and who executed the fore~ going 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 municipal corporation is duly affixed thereto, and the said agree~ent is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pine1las and State of Florida, the day and year last above written. My Commission Expires: Notary Public, State of Fhrida at large " E "ir"~ S~"t 29, 1973 Mv COlllIIIIHI6R ,xr f & C.sually Co. Bonded By Amencan Lre ~~ C'~: ~ ~~, ',c. tary public C i '')l-' \>::. ~" , " ' \~- ,( ~/!., \,./' ~, ',.. ",'. 'I..~: \",~ ; .... -J', STATE OF FLORIDA ) '-'CDUNTY-oY'1>INELLA:S-- '-)---- WITNESS my hand and official seal this ,S- day of - Egf"~H'€--ffie'persnnal1Y' appeared to me well known and known "to me to be the individuals described in and w foregoing agreement and acknowledged before me that they executed the same therein expressed. '... : l.~ ,~ , ,t- . My Commission Expires: flee / /7"?J--