SIDEWALK WAIVER GRANTED (259)
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RIOOIDIO
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()I.IRK CIRCUIT COUftT
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o.R.3669 PAGE 865
AGREEHENT
THIS AGREEHENT, made and entered into this 12th. day of November ,1971_
by and between the CITY OF CLEARWATER, FLORIDA, a T'lunicipal corporation,
hereinafter referred to as "City"; and Gordon Parham & CaroL Parham. his wife
hereinafter referred to as "Owner";
'WITNESSETH:
WHEREAS, the Owner owns the following described real property situated 11
the City of Clearwater,Pinellas County, Florida:
Lot 49 Unit 1 Island Estates
412 Leeward Island
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abut~
a public right of way, which is to have new- con~truction 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 require the immediate installa-
tion and construction of sidewalks in connection therewith; and
WHEREAS, the Owner has agreed that if in the future the City, in its sol
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 s,
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 goo'
and valuable con~ideration between the parties, recei~t of which is hereby
acknowledged, the parties hereto covenant and agree as follows:
1. The City will not at this time ~eq0ire 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 1S advisable and neccessary to have sidewall
installed in connection with said described real property.
3. The Owner or his heirs, personal represenative~, successors or.assig;
shall at his expense within nineiy (90) days from the notification by the Cit~
have sidewalks installed for said described real property in accordance with
City specifications 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 real propert~
in accordance with City specifications and standards within ninety (90) days
from the notification by the City, then the City may have the sidewalJes
installed and ,assess and impose a lien against the described real property
the cost of the work.
5. This agreement is to be re~arded as a covenant running with the land
regardless of whether it is specifically mentioned in any deeds or convev~nce
subsequently executed, and this agreement shall be binding on all parties, tht
heirs, personal representatives, successors or assigns.
6. All notices pursuant to this agreement shall he furnished to the
respective parties at the following addresses, until receipt of written
instructions notifying the other party of a'different address:
City: O\-mer: Gordon Parham
Mr. Merrett R. Stierheim 412 Leeward Island
City Manager Clearwater, Fla. 33515
P.O. Box 4748
Clearwater, Florida 33518
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IN HITNESS \"?}JEREOr, the parties
""exec\rtcd the day and year last above
C;,R, 3669 PACE 866
hereto }1c.ve
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the se:',~.;,e se nt s to he
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FLORID
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Approved as to form & correctness:
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Witnesses:
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O\-1ner
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- As to O\mer
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY ~ that on this. #::tt:aay. of.~~ , A.D. 197 /
before me personally appeared Merrett R. Stlerhelm, Herbert M. Brown,
R.G. Whitehead and H. Everett Hougen, respecti0ely City Manager, City
Attorney, City Clerk and Mayor-Commissioner'of the tity 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 thereof to he
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 the County of
Pinellas and State of Florida, the day and year last above written.
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Notary Puhllc
My Commission Expires:
Nobry P,:I;!;C Sbt<:l of r-briJil tit large
My ((j;;j,:;['.i:rl E;q~:ms OcL n. Eil4
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before m~ personally appeared 9~~ 1\..-\;'-./1-. ~U'A'VlL'. .L QOvt.-uJ PCL.1 VLLlA!lA-./'
to me well known and known to me to be th~ individuals described in and \-1ho
executed the foregoing agree~ent and acknowledged before me that they
executed the same for the purposes therein expressed.
WITNESS my hand arid official seal this/J- day of 7k- A.D. 197/_.
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My Commission Expires:
Thi,G. instrument wail prepared by:
H~RBERT M. Bl-:O\n~, City Attorney
CIty of Clearwater, P. O. Box 4748
.Clearwater, Florida 3351&