SIDEWALK WAIVER GRANTED (149)
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D. R.4072
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THIS l.Ci:ELllENT. nt.vJ\.' 2nd cnL.'L,J inc(l tt)js _ 23rd day of August , 19
and be t\.;CUl the (;11Y OF CLEi\I~h'X1LR, n,OIU:D,\, ~";~;;~i~-Tra l-'-coq)or atian, hercjn~~f te-;:--;~ ferred
as "ei ty"; Dncl __Geo~ H. Petros & Nancy J. Petros (His WifeL-__ lwrcinaftcr referred
to <J~; "O\'ln.er";
\HTNESSE,]]) :
HHEREAS, the O\vrler OWilS the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
Lots 33, 34 & 35, Block "Q"
Hibiscus Gardens Subdivision
1267 Court Street
and
HHEREAS, Ordinance No. 1219 of the City n:quires th2t all land that abuts a public
right of way, which is to have new construction on it, either for residential, cmllrr~rcial,
industrial or other purposes, shDll have sidc\Vitlks constructed by the owner on, across or
adjacent tIleret:o; and
HHEREAS, the O\<1ner is erecting certain ne';-1 construction on said property and has
requested the City at this time not to require the innnedia.te installati,on and construction
of sidewalks in connection therewith; and
lVHEREAS, the Olvner has agreed that if in tlw future the City, in its sole discretion,
determines that it is advisable Clnd necessary to have such sidewalks installed, that the
Owner \lill) upon notification by the City, have sidc\\1albo jmmecliately installed at his
expense, and if he should fail to do so then the City may have said installation made and ~npose
a lien against the de~cribed real property for the cost hereof;
NOH, TlIEJ.\EFORE, in consideration of the foregoing premises and other good and valuable
considerat.ion between the parties,. receipt of \<1hich is hereby ackno\vledged, 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 improveDents by the Owner on the above described
real property.
2. The Ci ty may at any time in the future, notify the Ol-mer, his heirs, personal
representatives, successcrs or assigns that the City in its sole discretion has dete~mined
that it is advisable and necessary to have side,\1alks installed in connection with said
described real property.
3. The O\\1)1er or his heirs, person<:tl 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 \dth 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 property in accordance with City
specifications and standards within ninety (90) days from tile 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. TIlis agreement is to be regarded as a covenant running with the land regardless
of whether it is specifically mentioned in any deeds or conveyance subsequently executed,
and thi.s agreement shall be binding on all parties, the heirs, personal representatives,
successors or assigns.
6. All notices pursuant to this agreement shall be furnished to the respective parties
at the following addresses. until receipt of written instrtictions notifying the other party
of a different address:
City:
Mr. Gerald Heimer
Acting City Manager
P.O. Box t+7!.j8
Clearwater, Florida 33518
( ~iJ~~~iu~{
P. o. BOX 4743
CLEARWA'rER, F'LA. 33518
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Owner:
AIN:30 3 19 rH '1 j
Mr. George Pe tro.s
1267 Court St.
Clearwater,' Fla. 33516
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This instrument \vas prepared by:
HERBERT lVI, D.i\'OWN, City Attorney
City of Clearwater, F, O. Box 4748
Qlearwater, Florilla. 33518
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g, '.4072 PAGE1502
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IN \\iITNESS \mEEEOF, L1le parties h(,l'r~to bnvc cdu:~cd the~;c' present.., 1::0 be e :xecutcd the
day and year last above written.
, .
CITY~. '".
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Ac ting City-t-fal
ORIDA
Countersigned:
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er
APpro~ z=ectnc8S:
;CAt torney (
STATE OF FLORIDA
COUTNY OF PINELLAS
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I HEREBY CERTIFY, that on t1:is e.2 CJ day of ~ ' A. D. 197~
before me personally appeared~ Acting 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 individuals and officers described in and who execdted
the fore- going Agreement and severally acknolvledged the execution thereof to be their free ac t
and deed as such officers thereunto duly authorized; and that the official seal of said municipal
corporation is duly affixed thc~eto, and the said agreement is the act and deed of said corporation.1
WITNESS my signature and official seal at Clearwater in the County of Pinellas and State
of Florida, the day and year last above written.
My
Commission Expires: 'd t l ge
Notary Pll~E~, S",~t::.ot florlt a 2~, 1;73
c,' Com'-'''I''il tXjJ,lCS Sep .
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STATE OF FLORIDA
COUNTY OF PINELLAS
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WITNESS my hand and official seal this
Z:e~
and who exeuC't,ed the
same for ,-the 'purposes
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Before me personally appeared
to me well known ana knolVD to me to be the
foregoing agreement and acknowledged befor
therein expressed.
mf
b-~ yJ:$.. day of
197~.
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My Connnission Expires:
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