SIDEWALK WAIVER GRANTED (321)
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RECORDED .
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A G R E E MEN T
TH*A~IEE:1':~a'~ and entered into this 13th day of July , 1970,
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter .
referred to as "City"; andV' GERALD R. BLACKBURN & LILLIAN E. BLACKBURN, his wife
hereinafter referred to as "Owner";
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WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the
City of Clearwater, Pinellas County, Florida: ~
Lot 27 Del Ore Estates Sub.
Clearwater, Florida
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,
conrrnercial, industrial or other purposes, shall have side\va1ks 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 installation and
construction of side,valks in connection therewith; and
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>. e ~ h1HEREAS, the Owner has agreed that if in the future the City, in its sole dis-.
A -8 ~ cretion, determines that it is advisable and necessary to have such sidewalks
~.~ 8 ~.1stalled, that the Owner \\1ill, upon notification by the City, have side\.Talks
~-j.~21 ~IIDlediately installed at his expense, and if he should fail to do so, then the City
~ U 0 ~iay have said installation made and impose a lien against the described real property
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'7- .,' .~or the cost thereof;
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.:~? .t.~ NOW, THEREFORE, in consideration of the foregoing premises and other good and
~ 8 r~ ialuable consideration bet\\1een the parties, receipt of which is hereby acknmvledged,
S ....: :: ~he parties hereto covenant and agree as follows:
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1. The City "lill not at this time require the installation and construction
sidewalks as part of the erection of the building and improvements by the Owner
the above deseribed 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 it~ sole discretion has
.determined that it is advisable and necessary to have sidewalks installed in
connection with said described real property.
3. The Owner or his heirs, personal representatives, 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
speci.fications 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 re~l 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\Valks 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 ,vhether 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 agreement shall be furnished to the respective
parties at the follo\Ving addresses, until receipt of written instructions notifying
the other party of a different address:
City:
Mr. Merrett R. Stierheim
City Manager
P. O. Box '4748
Clearwater, Florida 33518
Owner:
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LILLIAN E. BLACKBURN
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year last above written.
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Ci ty Clerk ,-
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By
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this _,,~?~,_.day of July , A.D. 1970,
before me personally appC'ared Merrett: R. Stierheim, Herbert M. Brown, R.G.Whitehead
and H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Nayor-
Commissioner of the City of CleanoJater, a municipal corporation existing under the
laws of the State of Florida, to me kno\'1n to be the individuals and officers described
in and who executed the foregoing Agreement and severally acknmvledged the execution
thereof to be their free act and deed as such officers thereunto duly authorized; and
that theoffici,al seal of said municipal corporation is duly affixeclthereto, and the
said agreement is the act and deed of said corporation.
WITNESS.,my signature and official seal at Cleanvater in the County of Pinellas
and State of Florida, the day and year last above written.
Ny Commission Expires:
NotaryPcblic, Slilteof F1ori~a at la~.
My Commissi:lo Exp:r~s Cd. 22, 1970
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Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me per sonally appeared "GERALD R. BLACKBURN & LILLIAN E. 'BLACKBURN,
his wife
to me well kno~1 and known to me to be the individuals described in and who executed
the foregoing agreement and acknowledged before me that they executed the swme for
the purposes therein expressed.
WITNESS my hand and official seal this
/.8 ~ day of ~",-~~.D.;l~70.
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My Commission Expires:
Pbtary PuMir, Slate of Florida at Large
~,^y Commission Expires ,',},ar. 21, 1972
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