SIDEWALK WAIVER GRANTED (278)
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RECORDED
~ PINELLAS CO. FLORIDA
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CLERK CIRCUIT COURT
. AGREEHENT
THIWJ.FE1if.1iH'f" ~4de and entered into this 29th day of October ,1972.."
by and b~~n t~ ~I11 OF CLEARWATER, FLORIDA, a T'lunicipal corporation,
hereinafter referred to as "City"; and Wylie L. Baxter & Mary Virginia Baxter
hereinafter referred to as "Owner"; (His Wife)
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated In
the City of Clearwater, Pinellas County, Florida:
Lot 33, Unit 4, Island Estates
89 Windward Island
and
WHEREAS, Ordinance No. 1219 of the City 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 sidewalks
constructed by the owner on, across or adjacent thereto; and
WHEREAS, the Owner is erecting certain new construction on said property
and has requested the City at this time not to require the immediate installa-
tion and construction of sidewalks in connection therewith; and
WHEREAS, the Owner has agreed that if in the future the City, in its sole
discretion, determines that it is advisable and neccessary 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 thereof;
NOW, THEREFORE, in consideration of the foregoing premises and other good
and valuable condideration between the parties, receipt of which is hereby
acknowledged, the parties hereto covenant anti 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,
persona~ representatives, successors or assigns that the City in its sole
discretion has determined that it is advisable and neccessarv to have sidewalks
installed in connection with said described real property. -
3. The Owner or his heirs, personal represenatives, 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 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,. thRi
heirs, personal representatives, successors or assigns.
6. All notices pursuant to this agreement shall pe furnished to the
respective parties at the followin~ addresses, until receipt of Hritten
instructions notifying the other party of a different address:
City: Owner:
Mr. Merrett R. Stierheim Colonel & Mrs. Wy1ey Baxter
City Manager 91 Settlers Rd. .
P. O. Box 4748 Newport News, Va. 23606
Clearwater, Florida 33518
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IN WITNESS WHEREOF, the parties hereto have
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executed the day and year last above written.
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to be
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FLOJUDA
Approved as to fo m & correctness:
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As to O\mer
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this ~ay.of ~~, A.D. 197.L,
before me personally appeared Herrett R. Stlerhelm, Herbert M. Brown,
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 la~vs of the St.ate of Florida, to
me known to be the individuals and officers described in and who executed the
foregoing Agreement and severally acknowledged the execution theremf to be
their free act and deed as such officers thereunto duly authorized; and that
the official seal of s2.id 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 th,e. 9()unty' of
Pinellas and State of Florida, the day and year last above wr:Ltt~rt'.
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My (nm,;r;,,:i:m L;::,e:; O;:i. 12. 1974
Bonded by American Firo &. Casuahy Co.
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,;:~;r '. Th~:jnstrumcnt Vias prepared by:
HEltb~RT M. K"::<J'li-T, City Attorney
City of Clearwater, P. O. Box 4748
Clearwater, Florida 33518
thisd9~ day of 4-/vke,A-- A. D. 197/
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