SIDEWALK WAIVER GRANTED (219)
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7~065-
'O.R. 3357 prICE 777
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A -(j R E E t-1 E N T
THIS AGREEMENT, made and entered into this
by and between the CITY OF C J:ARWATER, FLORIDA,
referred to as "City"; and r J ft- 2 8A
hereinafter referred to as" ner";
2 3 ~' -
day of . , 1970,
a~nic~l ~~J:f~,;<cr~t~
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the
City of Clearwater, Pine11as County, Florida:
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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 residential)
connnercia1, industrial or other purposes, shall have sidewalks constructed by the
owner on, across or adjacent thereto; and
WHEREAS, the Owner is erecting certain ne,,, c.onstruction on said property and
has'request.ed the City at this time not to require the i1l1!nec1i.ate installation and
construction of sidewalks in connection thereHith; and
WHEREAS, the Owner has agreed that if in the future the City, in its sole dis-.
cretion, determines that it is advisable and necessary to have such sidewalks
installed, tbat the Owner will, upon notification by the City, have sidewalks
innnediately installed at his expense, and if he should fail to do so, then the City
may have said installation made and impose a 1i.en against the described real property
for the cost thereof;
NOW, THEREFORE, in consideration of the foregoing premises and other good and
valuable considerati.on between the parties, receipt of which is hereby acknoH1edged,
tlw parties hereto covenant and 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 O\vner
on the 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 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
specifications and standards as established.
4. If the ~vner 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 \vi th the land,
regardless of 'vhether it is specifically mentioned in any deeds or conveyances
subsequently executed, and this agrei:,ment shall be binding on all parties, their
heirs, personal representatives, successors or assigns.
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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:
CJty: Owner:
~. Merrett R. Stierheim
~ty Manager .
t~'~O. Box 3738
::cgearwater, Florida 33518
Z:~~ 0C9.80)/ 323b
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u.R. 3357 PACE 778
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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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FLORIDA
Witnesses:
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As to City
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WITNESS my signature and official l)eal at Clearwater in the County of Pinellas
and State of Florida, the day and year last above written.
My CouID1ission Expires:
Notary Public, State 01 Florida at Large
Mv Commission Expires Sept. 29, 1973
~, It.~~_4,!:d. ~_I. h<<1_er.i'~,1\ fir'! t .(1(' ~_ ,(~
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Notary Pdj1~c".., .~. . \.'>~
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My C(:>I1m1i'S.~iQ.ll EXpir:e.~,.:
ItW. ~t;~tl-irc. SlAtE 'Of flOR1Dli AT Lilil1i
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A.D. 1970.
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