SIDEWALK WAIVER GRANTED (119)
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AGREEMENT
THIS AGREEMENT, made and entered into this 10 th day of March ,197 2,
by and between the CITY OF CLEARhlATER, FLORIDA, a T'lunicipal corporation, -'
hereinafter referred to as "City"; and Shirley H.i.1agner and
hereinafter referred to as "Owner"; George c. ~'lagrB r
WITNESSETH:
WHEREAS, the Owner owns the fOllowing described real property situated IT
the City of Clearwater, Pinellas County, Florida:
Lot 10, Block B, Virginia Groves Terrace, ~th Adcition
( 1748 st. lblthony Drive, Clearwater)
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abutE
a public right of way, which is to have new construction on it, either for
residential, commercial, industrial 'or other purposes, shall have sidewalks
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 reauirethe immediate installa-
tion and construction of sideV7alks 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
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
described real property for the cost thereof;
NOW, THEREFORE, in consideration of the foregoing premises and other good
and valuable consideration between the parties, receipt of which is hereby
acknowledged, the 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 Owner 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 its sole
discretion has determined that it is advisable and neccessary to have sidewalk
installed in connection with said described real property.
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:~~.~ 4. If the Owner or his heirs, personal representatives, successors or
:~ i~ assigns shall fail to have sidewalks installed for the described real property
;~~ ~ in accordance with City specifications and standards within ninety (90) days
: ~ E: ~ from the notification by the City, then the City may have the sidewalks
~ ?-l&~installe,da.nc1,fl.S_S~~S_E;_u<:lI1_d__imE?s_~ a__~ien against the described real property for
~ E; u ~ the cost of the work. ~ '---~_,_ _ ~~c~~c~~~~~_
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!~b 5. This agreement is to be regarded as a covenant running with the land,
~~6 regardless of whether it is specifically mentioned in any deeds or conveyances
subsequently executed, and this agreement shall be binding on all parties, the
heirs, personal representatives, successors or assigns.
3. The Owner or his heirs, personal represenatives, successors or assign
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.
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:
Mr. Merrett R. Stierheim George C. Wagner
City Manager P.O.~Box 149
P.O. Box 4748 Dunedin, Fla. 33528
Clearwater, Florida 33518
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_ETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARWATER, FLA. 83518
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ro~R.37 4.3 Pft.CE 363
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year last above written.
FLORID!
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Witnesses:
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this /~ay.of ~'., A.D. 197~
before me personally appeared Merrett R. Stlerhelm, 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 and deed of said corporation.
WITNESS my signature and official seal at Clearwater in th~ County of
Pinellas and State of Florida, the day and year last above \.vri~~n.
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My Commission Expires:
Notilry Pl:~J;{. S::tc of fbida at Large
My CDrE;:,;>l l;;):':;s O.t 21, 1974
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
.. I3_eJ()I'e--.l!l~Y=l:'~onally appeared Shirley H. and George c. ~vagner
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t()..me.lIw~),l known and known to me to be the individuals described in and vlho
,ex,ec\~~~'q,.;'~~e foregoing agreement and acknowledged before me that they
'execut.e'cl:,:::tli~ same for the purposes therein expressed.
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'':'.;.;,W:$NE'S-S~my hand and official seal this/fl#day of~~A.D. 197 L-<
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My'''CblTilhission Expires:
NOTARY PUBLIC, STATE OF FLCR'D,~ AT LARGE
MY COMMISSION EXP/':~S D:C . .... ; S 1972
BONDED 11iROUGH FRED W. LIL.,an H')A4ItT
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