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SIDEWALK WAIVER GRANTED (277) f' \D JAM l a 4 0;) PH '1' 'I' . --.:- 71.010759 " ,. .... !, ~. "1' ,'" r ' K t,.. .;:~ 1, L... .,:;.... TillS ~~~~&i~lJ~Ji2lB"d entered into this 21st day of December ,1970, by and betlvcen the CITY OF CLEAR\.JATER, FLORIDA, a municipal cOl"poration, hereinafter referred to as "Ci ty"; and Mr. William H. Wallo, and Margo Wallo, his wife, hereinafter referred to as "0Ivner"; A G R E E HEN T . n. R 3476 PAGF 576 WITNESSETH: \mEREAS, the CAmel' O\vns the follm,'ing described real property situated in the City of Clearwater, Pincllas County, Florida: Lot. 9 - Unit. 1 Islalld Est.&. t.es Clearwater, Florida . rt /!(/x;. .?~~~ ~~r:~ ~'ik and WHEREAS, Ordinance No. 1219 of the Ci ty requires that all land that abuts a public right of way, which is to have new construction on it, either for residential, commercial, industrial or other purposes, shall have side\'lalks constructed by the owner on, across Or adjacent thereto; and HHEREAS, the O;mer is ei"ccting certain neIV construction on said property and has reque~;tcd the City at this time not to require the iuu11ediate installation and construe tion of sidewnlks in connec tion thCl"e\vi tll; and .. >> D WHEREAS, the O.mer has agreed that if in the future the City, in its sole dis-' cretion, determines that it is advisable and neccssnry to have such sidewalks ::;, installed, that tbe O.vner \'lill, upon notification by the City, have sidewalks ~.; iuu11cdiatc1y installed at his expensc~, and if he should fail to do so, then the City . ("'...'J ;;~ ;:6 may have said installation made and imposc~ a lien against the described real property ;'~: ;~~ for the cos t thereof; (:J ~ "d Q) ~,' c;'\ p, (.) l-; P. :,' c:: ~, NOH, TllEREFOHE) in consideration of the fOl:egoing premises and other good and. rf) , f:' ,..Svaluable consideration betweenthc parties, receipt of: \lhich is hereby ackno\llec1ged, ~ ,., i"):he parties hereto co'Q'enant and agree as follm-ls: ' -I..' , . :.., ,.: ~f;.~ ( ('- ':'-, ~~ ;,':: ::;', .;~ ~ .~~ !~';) :~> U m ~!J, i-,. ~~.j '6 2. The City may at any time in the future notify the Oimer, his heirs, personal ~ representatives, successors or assif,n~; that the City in its sole discretion has determined that it is advisable and necessary to have sidewalks installed in conncction \'lith said aes~riLcd real property. 1. 'Ih e sidewalks the above City will not nt this time as part of the erection of described real property. require the installation and construction the building and improvements by the Oinwr 3. The OI.]11er or his heirs) personal representatives, successors or assigns shall at his expense \vithin ninety (90) days from the notification by the City have sidewalks installed for said described real property in accordance with City srecifications and,standards as established. 4. If the o.'111er or his heirs, personal representatives, successors or assigns shall fail to ,have sidc,valles installed for the describe.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 side\'lalks installed and assess and impose a lien against the described real property for the cost of the work. . 5. TIlis agreement is to be rcigarded as a covenant running with the land, regardless of whether it is specifically mentioned in any deeds' or conveyances subsequently executed, and this agreement shall be binding on all parties, their heirs, personal representatives, successors or assigns. 6. All notices pursuant to this ngreement shall be furnished to the respective parties at the following addresses, until receipt ofwrittcn instructions notifying the other party of a .different address: tltfl-IL rt} 'J /;/, &,_. A '"/;;;~/;Z;~.A/ City: Owner: 'C;o~ i'~~6.t Hr. Herrctt R. Sticrheim 'rU . t{J~r;jI,' ( dllJ//1 'cf- City Hanager I /~ l,(/a.f!.&-/ . ''7;,-11 P.O. Box 4748 0 ~ IL~ // CI{g Clearwater, Florida 33518 0 ~ dJ~ ~~4p -1- / ... 01,-,007-di5) ,... ~ ]it -'" ,_ ~ I 'I , 'I R 3476 PAGE577 . " ;i Approved as to form & correctness: ~~ Hitnesses: &:-7 t %~ ~~ '\ ti ~J>~~o~ s ,to ~ 4wncr ~ L (}ril.1~ , ' '1l /; /2 4!.' /1 "f / ti-LI:/J ( I1iL (Ii ,/ ;d,-.- Owner ':LAd~~ -&J?/L/ /f~e.~ As to.' C ;-tr! STATE OF FLOR IDA ) COUNTY OF P INELLAS ) I HEREBY CERTUY, that on this~1~dcl)' of _, A.D. 19~, before me personally appeared Herre I:t R. Sticrhcim, wn, lL G. \V'hi tehead and H. .Everett Hougen, respectivelj City Manager, City Attorney, ity Clerk and Mayor- Connnissioner of the City of Cleanvater, a municipal corpol~ation existing under the laws of the Stat:e of Florida, to me knOlvn to be the individuals and officers described in and \"ho executed U;(', foregoing Agreement and severally ackno\vledged the execution thereof to be their free act and deed as sllch officcn; thereunto duly, authorized; and that tlw official seal of said municipal corporation is duly affixed thereto, and the said <lg:reenentiis the act and deed of said corporation. \\I,,~~',d'ri;Jt,,:'" " .;(\~, .\1\ _ , _ f/. '~'~, ",r': ",'\\'.,.W:rTNE~'S't~~)Y,.,~ signature and official seal at Clcan:wter in the County of Pincllas ,l~}1d State of }I)r~o;r~d<:t) the day and year last above \vrHten. ,,-' ,.'J ~. ".:. :!.') ~.~: ""1 ',~~ ,') -~ .,,\ ~ - ":~~< \, "'.~'-;' 1'1i~tf!_~fiJj~~la~ c My(~;;:~s:LnCt,,~es Od. 22, 1914 _<led by A8e1icaD F~ ,If! ,ea.uaIIy ~ ,"- ~~~~ , Notary Public STATE .oF FLORIDA ) COUNTY OF PINELLAS) Before me personally appeared /1. A It.. q:.~L<r- A . U/ /ft--L tJ /;(// ~ L.. /;" /Y1 //, ~ L-.~c:'/ to me \v('ll kno'YlJ1 <"Ind knovm to mc to be tl1C inc1iviclt121s d~;~fibed in dnel \'1110 excepted the fOH~going agrecment and acknoHledgcd before me that " , exccuted the S<lffiC for the purposes therein expressed. WITNESS my hand <lod officJal seal this 4~ day of ~ '<'.', .' " ,.~tV?~ .?- pi' ~ . ."..: ~ .... ~.</ ~~~ "j il- _ -: '~ary P lie ,,-. A. D. 197~ By ~'Mi!i.nl'.ft)~fR.l>>iIlDA - M't COMMISSION EXPIRES NOV. A~. tt:~~ ~,AI:Ul~EIlEQ,W., DIES1:ELHO..:J ."