SIDEWALK WAIVER GRANTED (73)
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PIIH.LU,S co, FLORIDA
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TIns 1~C;EEJ:::t'lENT, made and ellt(~:ced into this 0 cloy of DEC. ,1971 l
by and bctueen tJJe CITY or CLEA1\\'Jfl.TEJ\, FLornDA, 2J~\unlcipal cOr'porat{oll, --
hc~):'einafter rcferl'ed to as "City!!; and GAR.'4 'l.-HALOeJl t-WEND'I #...,. Ot!SJ.UIFe-J-,
hel"'einaftel' l~cf~rred to as HCl\.mep";
\HTNESSETH:
the
WHEREAS, the Owner owns -the
City of Clear'i-)ater- Pincllas
. ,
''".B~OOK''.hLL SuBD'lvIS/O,",
A\JE', ' ~o.
folloHinf': de scribed real property situilted l,-
County, Flo:c'ida: Lcrr aD See.:S- U ""IT S')
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ALSo KtJOv.Ju -AS. \~~4 Ii iLL c..R.~7" '
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abut~
a public right of 'i-1ay, 'i-Jhich is to have nc'i.) construction on it, either for
residential, commerci~l, industrial or other purposes, shall have sidewalks
constructed by the owncir on, across or adjac~nt thereto; and
WHEREAS, t11e Owner is erecting certain neH construction o~ said property
and has requested the City at tJlis time not .to require the. immediate installa-
tion and construction of sidewalks in connection therewith; and
HHEHEAS ~ the O"mer has agreed that if in the future the City ~ in its sole
.discretion~ determ~ne~ that it is advisable and neccessary to have such
sidewalks installed, tllat the Owner will" upon notification by the City) have
sidewalks immediately installed at his expense, and if he should fail to db Be
then i:he City may have said installa.tion made and impo[;e a lien again~.::t-,.,t-he
described real property fop the cost thereof:;
NOW, THEREFORE, in considepation of the foregoing pr-emises and other goo~
and viluable con~ideration between the p~rties, receipt of which lS hereby
. acknm'Jledged, the parties hereto covenant and agree' as follo1,.18:
.1. The City will not at this time ~equire the installation and
construction of sidewalks as part of the e~ection of the building and
improvements by the Owner ~ri the above des~ribed ~eal property.
2. The City ~ay at any time in the future notify the Ownert his heirs,
pers9nal representatives, successors or assigns that the City in its sole
discretion has determined that it is advisable and neccessary to have sidewal~:
installed in connection with said described real property.
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3. The Owner or his heirs, personal pepresenative~, successors or assi~,-
shall at his expense within ninety (90) days from the notification by the Cit~
have sidewalks installed for said described ,real property in accordance vJith
City specifications and standards as established.
q. If ihe Owner or his heirs, personal representatives, successors or
assigns shall fail to have sidewalks installed for tIle described real prope~t~
in accordance with City specifications and standards Hithin ninety (90) days
from the notification by the City, then the City may have the sidewalks
installed and ~ssess and impose a lien against the described real p~operty fo~
the cost of the work.
S.This agreement is to be re~arded as a covenant running with the land~
regardless of whether it is specificaliy ~entioned in any deeds or conveyance:
subsequently executed, and this ap,reement shall ,he hinding on all parties, th'
heirs, personal representati~es, successors or assigns.
6. All notices pursuant to this a~rcement shall he furnished to the
res-pective parties at the follO'i-Jinr: addresses, until receipt of vlrittcn
lnstructions notifying the other party of a' different add
City: OHner:
Mr. Merrett R. S~ierheirn
City l1anar,er
P . 0 . Bo Y. 'I 7 'I (3
Clearwater) Florida 33518
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,o.R.3681 PAGE 963
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t11 C~; C:. pre [; c-n t ~.~ to J, \;
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e..:cc~i~(c:d U e ay and ycar' 1':1[;t (1)-'o\,c \vr':Lttcn.
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Approved as to
correctnc:~; s :
witnesses:
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ner' '
STATE OF FLORIDA )
COUNTY OF PINELLAS)
. I HEREBY CERTIFY, that on this/6ay.of._--:1~' A.D. 197(
before me pcpsonaJ.ly appeared l':errett H. St ley.'lH~ J_ ,1). llerbcr't 1'1. Br'O';,m,
R. G. \'Jhiteheacl and H. Everett Hougen , respectively ei ty 11ana.ger, ei ty
Attor-noy , City Clerk Clnd Hayor...Cornraiss:Loner' _of the efty of Clear'\\1ater,
a municipal cOr'pOl"ation existing under' the 'le1\-]S of the State of Flor-ida:,' to
me known to be the individuals and officers'described in,and W]10 executed the
'foregoing Agreement and severa.lly acknowled~ed the execution thereof to be
their free act and deed as such officer's tllereunto duly authorized; and that
,the official seal of said municipal corpor~tion is duly affixed theretG, and
the,said agreement is the act and deed of sai,d corpor-~tion.
. WITNESS my signature and official seal at Clearwater in the~ounty of
Pinellas and State of Florida, the day and year last above "lrit',1::e'i-i-;:", ,
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My Commission Expires:
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
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to me well known and known to me to be the 'individuals described
exccuted the foregoing agreeQent and acknowledged l)efore me that
~ executed the same for the purposes the~ein expressed.
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WITNESS my hand arid official seal this G
day of
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ission Expir'cs:
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