SIDEWALK WAIVER GRANTED (101)
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n.R, 3561 PAGE 92
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AGREEMENT
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THIS AGREEMENT, made and entered into this j?-- day of ,197~,
by and between the CI7Y OF CLEARWATER, F~9~IDA, a ~unicipal c oratlon,
hereinafter referred to as "City"; and fZ//~L/41'f t7... PA tE.
hereinafter referred to as "Owner"; ff CIl I";e /CL!.~ /4/. ?/l y.,vL
WITNESSETH:
the
WHEREAS, the Owner owns the following described real property
City of Clear~a~er~Pinellas County, Florida:
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situated in
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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
resident~al, commercial, industrial or other purposes, shall have sidewalks
construQ~ed by the owner on, across or adjacent thereto; and
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WHEREAS, the Owner is erecting certain new construction on said propertv
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
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~ e "=i' 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
e ~ ~ ~escribed real property for the cost thereof;
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e 60 ~ NOW, THEREFORE, in consideration of the foregoing premises and other good
~z 0.; ~nd valuable consideration between the parties, receipt of which is hereby
~~ ~~cknowledged, the parties hereto covenant and agree as follows:
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ffi~1 ~ ~ 1. The City will not at this time require the installation and
~.:j ~ ~nstruction of sidewalks as part of the ere<?tion of the building and
~ [..., u~provements by the Owner on the above descrlbed real property.
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:; ~ ~ G, 2. The City may at any time in the future notify the Owner, his heirs,
~ ~ fJpersonal representatives, successors or assigns that the City in its sole
~ discretion has determined that it is advisable and neccessary to have sidewalks
installed in connection with said described redl 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, thei
heirs, personal representatives, successors or assigns.
6. All notices pursuant 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: Owner: AI P
M-:. Merrett R. Stierheim .f. ;,' t (:/IN u /,//y,UE
Cl ty Manager I{/ / /... - ,.
P.O. Box 4748 LJ ~PPRES5
Clearwater, Florida 33518 ;-//I/J... . ,.'....'.. 1./'.
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OJ. .3561 PAGE 93
IN WITNESS WHEREOF, the parties hereto have
executed the day and year last above written.
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At~
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this /~ay of ~" A.D. 197 I ,
before me personally appeared Herrett R. Stierhe~, 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 laws of the State of Florida, to
me known to be the individuals and officers described in and who executed the
foregoing Agreement and severally acknowledged the execution there@f 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 agreement is the act an~ deed ~f said corpora~ion.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
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Notary PUhlic '. ':.
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My Commission Expires:
tfotJry Public, Slale of Aorida af Wve
My Comm:!.ion Exjlires. Od. 22. 1974
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me personally appeared
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to me well known and known to me to be the individuals ,:d.;~~~b~d 'rn and who
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executed the foregolng agreement and ack~ovlledged bef~~,.o1l).e. '~b~.~:,:tbey
executed the same for the purposes thereln expressed .~: Z.; [ '" .~. '~ '
WITNESS my hand arid official seal this f~ay ~r~.~ 19.~L.
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My Commission Expires: