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SIDEWALK WAIVER GRANTED (300) n::- -_ _ ~ I t70088687 I D.? 3395 PAGE 490 THIS AGREEMENT, made and entered into this by and between the CITY OF CLEARWATER, FLORIDA, referred to as "City"; and H. Grant Inc. hereinafter referred to as "Owner"; A G R E E MEN T ~ay o~ _, 1970, a municipal corporation, hereinafter ' WITNESSETH: WHEREAS, the ~vner owns the follO\oJing described real property situated in the City of Clearwater, Pinellas County, Florida: Lot J, less the Easterly 15 feet thereof, Block B. Unit B, Skycrest Subdivision, according to the map or plat thereof as recorded in the Plat book 28, Page 24, of the public records of and Pine lIas County, Florida, 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, corrnnercial, 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 installation and construction of sidewalks in connection therewith; and v-lHEREAS, the ();oJner has agreed that if in the future the City, in its sole dis- .. ~. Cf) cretion, determines that it is advisable and necessary to have such sidewalks E ~ ~ installed, that the Ovmer will, upon notification by the City, have side"mlks "O:t:1 -.:j1 ooinrrnediately installed at his expense, and if he should fail to do so, then the City ~.~; J~ ;duay have said installation made and impose a lien against the described real property ~,-~ ~~for the cas t thereof; ;-1 () ~ " ~';:c~';.:l.; ~~ NOH, THEREFORE, in consideration of the foregoing premises and other good and ~:: ;.:~valuable consideration bet~oJeen the parties, receipt of "lhi(;h is hereby acknowledged, ~ ~~ the parties hereto covenant and agree as follows: l-l ;'."~ ""'. (',I f...., ~.... 8 ~ ~~i ~j -~J .J~ .r-( u.--4 ~~ 0 f rh ,. '" .8 ~/~~ ~-:"-l ~ on .',; Q U .~ ("., ~ ~ ~~ 8~'~ ....U ...... 1. The City 'vill not at this time require the installation and construetion sideloJalks as part of the erection of the building and improvements by the Owner 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 itg sole discretion has ,determined that it is advisable and necessary to have side,,,alks 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 O\vner or his heirs, personal representatives, successors or assigns shall fail to have side'oJalks installed far the described real property in accordance with City specifications and standards within ninety (90) days from the notification by the City, then the Ci ty may have the side,,,alks ins talled 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 "lith the land, regardless of ~vhether it is specifically mentioned in any deeds or conveyances subsequently executed, and this agreement shall be binding on all parties, their heirs, personal representatives, successors or assigns. 6. All notices pursuant to this agreement shall be furnished to the parties at the following addresses, until receipt of written instructions the other party of a different address: City: Mr. Merrett R. Stierheim City Manager P.O. Box 4748 Clearwater, Florida 33518 respective notifying Owner: :r 'I>>> ;z, .'C 0- ,-z em .....' .:J.. :1:. J: /~ ~--~ f-: e,.., ~ H. Grant Inc. 807A Court St. Clearwater, Florida en ..b -1- . . ~c ;z,r. :or ..... ,0 '~:;;J ..:J:: - -.." c::::I f57-a;f)- CD (j) ..... -'........ ..- I I D.~. 3395 fAGE 491 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. CITY FLORIDA f< . / ff./ '....... / . ~" ". .. . ../1 ~~ '/ I to ~ ~aom Owner ~~../fJ 73p//~ ~dj~^ lL, ~ As t:~~~J STATE OF FLORIDA ) COUNTY OF PINELLAS) G-13,/)/e, m~r I HEREBY CERTIFY, that on1his _ /5~day of LLA"'7':::.~"'/J?), _, A.D. 1970, t' before me personally appeared ~~':.L.i-t R. S;tieyhciHl., ~~wn, R.G. Whitehead .>Jt<'/k ''''1and H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor- Corrunissioner of the City of Clean;rater, a municipal corporation existing under the laws of the State of Florida, to me knm,m to be the individuals and officers described in and who executed the foregoing Agreement and severally ackno'\vledged the execution thereof to be their free ;let and dee>d as such officers thp.rcunto duly autborizf"d; and that the official seal of said municipal corpoJ~ation is duly affixed thereto, and the said agreement is the act and deed of said corporation. City Clerk L {g~< H. ~~:by"->>~h V." ' , ~ant. pres ~ __.___:v <~ j _'" Owner ;:: ,~.: ....;:.-< l ~' _ 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. ~.-/'-e~ Notary Public My'.Comm. iss~on E~p~resr. Notary Public, state of Flonda at Lilrvt My Commission Expires Oct. 22. 1970 fondllll!ld 8y A'mAnll"An F~rlll & Casualty Co. STATE OF FLORIDA ) COUNTY bFPINELLAS) Before me personally appeared Hugh V. Grant. pres. of H. Grant Inc. to me well known and known to me to be the individuals described in and who executed the foregoing agreement and acknowledged before me that they executed the same for the purposes therein expressed. WITNESS my hand and official seal this 1/ 711 day of At! ~ t(..5 r A.D. 1970. ;,,.-,,-, " C~1 .~c;, :~A~~ It Jc~ ",'- -> ---:: Notary Pf!JiC ,~ '- My Commission Expires: Notary Public, State of Florida at large My Commission Expires Apr. 22, 1973 Bonded by Transamerica Insurance \;:2,. -:;" , ,- ~ ..." '. ~ "'. '/ '- " /'.. ~ ,;. .; ~ , ~. c~;. ~.....~.. - 2 -