SIDEWALK WAIVER GRANTED (173)
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IQ,R, 3446 PAGE277'
A G R E E MEN T
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THIS AGREE1-lliNT, made and entered into this 1 st day of December , 1970,
by and bct\vccn the CITY OF CLEAIU-lATER, FLORIDA, a municipal corporation, hel-cina[ter
referred to as "Ci ty"; and W. E. Miller & Mary L Miller, his wife
hereinafter referred to as "O\vnerll;
WITNESSETH:
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\ffiEREAS, the Owner owns the follmving described real property situated in
City of Clearwater, Pinel1as County, Florida:
Lot 81 Sirmons Heights Sub.
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and
WHEREAS, Ol~dinance No. 1219 of the City requires that all land that abuts a public
right of way, Hhich is to have new construction on it, either for residential,
cOl11Dlercial, industrial or other purposes, shall have sidewalks constructed by the
owner on, across or adjacent thereto; and
~1EREAS, the O\vner is erecting certain new construction on said property and
has requested the City at this time not to require the inrrnediate installation and
construction of sidewalks in connection there\vitll; and
WHEREAS, the a,mer has agreed that if in the future the City, in its sole dis-
cretion, determines that it is advisable and nec('ssm~y to have such side\val1~s
installed, that the Owner vIill, upon notification by the City, have sidewalks
innnediate1y 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; ,
NOH, THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration between the parties, receipt of vJhich is hereby aclmowledged,
the parties hereto covenant and agree as follows:
1'. The City will not at this time require tIle installation and construction
of sicleHalks as part of the erection of the building and improvements by the Owner
on tbe 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 advisable and necessary to have sidewalks installed in
connection with said aesciriLed real property.
~. The 00ner or his heirs, personal representatives, successors or assigns
sha.ll at his expense Hithin 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 O\vner or his heirs, personal representatives, successors or assigns
shall fail to ,have side\valks installed for the describe,d real property in accord,ll1ce
with City specifications and standards within ninety (90) days from the notification
by the City, then the City may have the side\valks ins talled 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 nmriing VJith __the~ 1 and.
regardless of \'lhether 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 <lgreement shall be furnished to the respective
parties at the following addresses, until receipt of written instructions notifying
the other party of a,diffcrent address:
City:
Hr. Herrett R. Stierheim
City Hanager .
P.O. Box 4748
Clearwater, Florida 33518
Owner:
W. E. Miller
1449 Canterbury Dr.
Clearwater, Fla. ?3516
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IR. 3446 PAGE278
IN WITNESS WHEREOF, the parties heretO' have caused these presents to be
executed the day and year ast abave written.
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FLORIDA
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City Glerk
Witnesses:
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As to. Oivner
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this /~'~day af /JJ.R~ A.D. 1970,
before me personally appeared Merrett R. Stierhcim, H~ert M. Brown, R.G.lVhitehead
and H.. Everett Hougen, respectively City Hanager, City Attorney, City Clerk and Nayor-
Corrnnissioner of tIle City of Cleanvater, a municipal corporation existing under the
laws of the State of Florida, to me I<no~vn to be the individuals and officers described
in and \vho exec.utcd the foregoing Agreement and severally acknmvlcdged the execution
thereof to' be their free act and deed as such officers thereunto duly. authorized; and
that the O'fficial seal of said nmnicipal corporation is duly affixed theretO', and the
said agreement is the ~ct and deed of said corporation.
WITNESS my signature and official seal at Clean,Tater in the County of Pinellas
and Stat~ of Florida, the day and year last above written.
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Notary Public
My Co.rnm;i.s.sionEX'Dj,res:
N"otary Pubh!, :>tattl of Rn:'lda at Large
My Commlssiiln b;:>iws (Jd. 22, 1974
Bonded by American. Fire & Casually Co!
STATE OF FLORIDA )
-C-oUNTY OFPINELLAS-t
Before me personally appeared W.E. MILLER AND MARY L. MILLER (HIS WIFE)
to me \vell known and known to me to be the individuals dc~;cribed in and \vho exccuted
the foregoing .1greement and acknoHledgcd bcfore me that they executed the somc for
the purpO'ses therein expressed.
,", ',';"'Mt'1l)ESS my hand and offic.ial seal this 1st
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day of DECEMBER
A.D. 1970.
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