SIDEWALK WAIVER GRANTED (12)
by and bct\.Jcen the CITY OF
referred to as "City"; and
hereinafter referred to as
1
I O,R. 3461 PAGE 95'
A G R E E HEN T
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WITNESSETH:
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property situa~
HHEREAS, the Oimer mms the follm,'ing described real
City of Clearwater, Pincllas County, Florida:
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WHEREAS, Ordinance No. 1219 of the City requires tbat all lanel that abuts a public
right of \vay, which is to have new construction on it, either for residential,
commercial, industrial or other purposes, shall have sidewal1<s constructed by the
o~vneron, across or adjacent thereto; and
WHEREAS, the Oimer is erecting certain neH 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 Oi\lner has agreed that if in the future the City, in its sole dis.,'
cretion, determines that it is advisable and necessary to have such sidcHalks
installed, that the Oivner \'lill, upon notification by the City, have side.walks
inn11(~diately installed at his expense, and if he should fail to do so, then the City
may lwve said installation made and impose a lien against the described real prope;rty
for the cost thereof;
NOhT, THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration be t:\vcen the par ties, rec(~ip t of: \'lhich is hereby admO\'llcc1ged,
the parties hereto covenant and agree as follm.;s:,'
1. The City \o7il1 not at this time require t1le j,ustaJlation and construction
of sic1eHalks AS part of the erection of the building and improvements by the Om12r
on the above described real property.
2. The City may at any time in the future notify the Oi.mer, his heil's, personal
representatives, successors or assigns that the City in its sole discretion has
determined that it is advisable and necessary to have side\valks in~:;talled j_n
connection Hith said described real property.
3. The. O,.mer or his heirs) personal representatives, successors or assigns
shall at his expense Hithin ninety (90) days from the notification by the City have
sidcHalks installed for said described real property in accordance Hith City
s~ecifications and, standards as established.
4. If: the Oi-mer or his heirs, personal representatives) successors or assigns
shall fail to .have side\valks installed for the describe,d real property in accordance
~'lith City specifications and stanc1nnls Hithin ninety (90) days from the notification
by the City, then the City may have the sid2\valks installed and assess and impose a
lien against the described real property for the cost of the work.
5. nlis agreement is to be regarded as a covenant running with the land,
regardless of ",hether it is specifically mentioned in ,:tny deeds. or conveyances
subsequently executed, and this agreement shall be binding on all parties, their
heirs) personal representatives, successors or assigns.
6. All notices p\lr~;uant to this agreement shall be furnished to the re~;pcctive
parties at the following addresses, until receipt of written instructions notifying
the other party of a ,different address:
City:
Mr. Merrett R. Sticrhcim
City Hanagcr
P.O. Box 4748
Clearwater, Florida 33518
Owner:
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I O,R, 3461 PAGE 96
IN \HTNESS HllEREOF, the p~rtics hereto have caused these presents to be
executed the day and year last above written.
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\~itnesses :
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Owner
STATE OF FLO},\ IDA )
COUNTY OF PINELLAS)
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I HEREBY CERTIFY, that on this ~~_day of ~~, A.D. W+{),
before me personally appeared Merrett R. Sticrheim, ~~i~~. B~~n, R.G.Whitehead
and lit .Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-
Commissioner of: the City of Cleanvater, a municipal corporation existing under the
laws of the State of Florida, to me known to be the individuals and officers described
in and \'Jho executed tIle foregoing Ar,reement and severally aclenmvledgecl the execution
thereof to be their free act and deed as suell officers thereunto duly, authorized; and
that the offieLd seal of said municipal corporation is duly affixed thereto; and tIle
said ngrecment is the act and deed of said corporation.
'ihT~~~.~S my signature
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and official sear at Cleaniater in the County of Pinellas
day and year last above written.
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otwjy.PuhtJ'c, St,,~'il of Aortda at [atge
t.~.. CO;:'F;"';~ll' b~iJi!s o(~. 22, 1974
.,,,,'r Rnn.c!e~~~b~' ~meJ:ica~ Fire & Casualty, Cot.
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Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS)
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Before me per sonally appeared c' ,{/ ~c:u4,?-7VX 7 ti:-c.<.. ~ J ./c.-e...t: '(:>CZ/ ~/(
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to me Hell knoHn and lenO\Vl1 to DC to be tlw indivic1Uclls dc:;cribed in (;.J,)d'\~voVfA~PIi.lltc~d ~
the foregoing agreement ond ac:knoHledgcd before me that they execu~.~'~~)(lo'.~-.!l.l,I~~
the purposes therein expressed. Jtj~, i"",,',', ,.,..;",0, ,1"', ~'" ~"', ~,'"
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WITNESS my hand Dnd offic,ial seal this ~114- day of ..~.~ Z~~70.
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