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SIDEWALK WAIVER GRANTED (226) . -. . '"~..,,,,';;,::,;'<~,:H,;;H,,':l:."..'.\,~' - ," ,."'~: w"" ." " '. :j:'';;;'~~l:~>l''i'' ,,/,"':;;.f ,-"',"..,~';;, ',:'.~'.",."'~~" ~_.~O;~.<O- "l!.",.~'~~''';~~-~''.'':{':-';'j~_; t',r~_ ,'f' ::~. ':.;it~;:-",:,j~ 'i~ :;',:~"',:,-, ':,:;_::;.:.~~~ ~ .':.::;(I'''~:': '~:t~~'''~\:J~~-'~-~' t:,r '::':':'';;:';~';''J~:~i;:"iliU:~J~:'':.:~A;:d.;';t~.6i! , :==='~_.~~~~-----~- ::l I; O.R; 3Ua :,tfrot ~ .' · I 72031857 ~J. ~ . '1-l .~ AGREEMENT d THIS AGREEMENT> made and entered into this 29th by and bet\veen the CITY OF CLEARWATER; FLORIDA, a municipal to as "City"; and H. ~rant, Incorpora ted to as "wner"; day of February , 19 72, corporation, hereinafter referred hereinafter referred WITNESSETH: t1'/ ~ ?Jr:l WHEREAS, the O\vner o,vns the following described real property situated in the City of Clearwater, Pinellas County, Florida: 654 Poinsettia ::::t. Lot 15 Bleck 84A of MANDALA Y UNIT c., 8.S recorded in PIa+' Bo.k 20, Pace 27 and also a! Replat of Mandalay Unit as reco~ded in Plat Book 20, Page 48, c:f' the Public and Records of P1.ne11as County, Fl.Qr~da. _ ~ _ .. . . 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, cOmTIiercial, industrial or other purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and WHEREAS, the O\vner is erecting certain new construction on said property and has requested the City at this time not to require the immediate installation <:!:.nd construction of sidewalks in connection therewith; and WHEREAS, the O\vner has agreed that if in the future the City, in its sole discretion, determines that it is advisable and necessary 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 hereof; 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 wner, his heirs, personal representatives, successors or assigns that the City in its sole discretion has determined that it is advisable and necessary to have sidewalks 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 installer;.i 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 property in accordance with City specifications and standards within ninety (90) days from the notification by the City, then the City may have the sidewalks installed 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 with the land regardless of whether it is specifically mentioned in any deeds or conveyance subsequently executed, and this 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 instructions notifying the other party of a different address: City: Mr. Merrett R. Stierheim City Manager P.O. Box 4748 Clearwater, Florida 33518 ~n'~ ,1I1 H.E u.)~ y, "\ ' """ "r. .,.' ...... ..-.... , CLERI\.( . :.. ,Ii t ~'.A .UI.~ T Owner: E. Grant Inc.. 1270 Rogers st. Clearwater, Fla. 33516 i l.:'-....~II~ .0 3~."Il FETURN TO: 'ITY CLERK r' O. BOX 4748 (TEirnVATEH" FLA. 33518 OJ.., 0'-": ;-" ,I , v.:J UU C7)@ /,''''''____~~~.._I4~._i/oli.'~,:;4I:'~-j....~_.ir:~.~..,;..~...';I..Il.~~~~,\.~~~t:~~~~~~~~j;j,'t~!'lI!li::.",;'"':':.:i,'W~~'J~'.i:~~~!~~~ , .. I I. C.R. 37 42 ?~,GE 205 # '. .... IN WITNESS WHEREOF, the parties hereto have caused these presertts to be executed the day and year last abovewri tten. CITY By Approved as to form and correctness: Z~~I~ Atte~/ ~~. ..>, ..' /t/4c.: .. .',i. ':;.'.'" ./. '.. :." . . ':~ ;--:. ' . " c ~ , . . .""'; Ci ty Cler~'" .: .' (".-: ( ~ ~~ Witnesses; ~/ g~J l/~^'C ~ As 0 City /;//t~-7 ~. A:!~;-~~ ~ STATE OF FLORIDA ) COUNTY OF PINELLAS ) Pres.- H. Grant Inc~ wner 1c1-cL day of ~~~ , A.D. 197~ before me personally appeared Merrett R. Stierheim, 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 individuals and officers described in and who executed the fore- going Agreement and severally acknowledged the execution thereof 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 sdid corporation. I HEREBY CERTIFY, that on this WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last'above written. ~a- ~/. Notarv Public, .State 01 Flort~a at large .. " 'n' -'n' 2~ l~]) My CommiS!IOn l:;qJlo~, ..~.". , Bonded By Americ3n fifi & I...a~ually Co. .. .. ~ '(j I~ I ... . (.~ I ~ ~ " ~i i ... ~;'~! ---:..",,;.. f ~: -~~ \. -1 J:i !"l ,I J1" ~ -\\~ ..... '. ,..;.., ..,, .' ~,;.,... ,-51 "... 60''*, C!J ' . . . . . #i1. ij...\ iI'II~I'" I .'\' "'n:")\ My Commission Expires: STATE OF FLORIDA ) COUNTY OF YlNELLASu }- Before me personally appeared Hugh V. Grant - Pres. H. Grant Inc. to me well known and known 'to me to be the individuals described in and who executed the foregoing agreement arid acknowledged before me that they executed the same for the purposes therein expressed. WITNESS my hand and official seal this ~C)~ I day ofJ ~<-t---' ~ A.D. 197~ II- ~~ ~"~ . otary Pubhc ..~ My Cmmui.,d OUlaF.xDires: ~~;~. t"f Of .Florida al large My CommlSSJllIl Expires Feb. 3, 1976 " ~,\."