Loading...
SIDEWALK WAIVER GRANTED (74) A, / ,. . #' "- , 7VO~{170t75 I f \0' O.K. 3377 P~GE 101 A G R E E MEN T THIS AGREEMENT, made and entered into this ~day of by and between the CITY OF CLEAR\.vATER, FLORIDA, a municipal corporatio referred to as IICi tyll; and H. G-rant, Inc., a Florida Corpora hereinafter referred to as IIOwner"; , 1970, hereinafter on WITNESSETH: WHEREAS, the (Avner owns the following described real property situated in the City of Clearwater, Pinellas County, Florida: Lot 20, Block "D", Lakeview Heights Subdivision, Pinellas County, Florida and HHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public right of way, which is to have nevi construction on it, either for residential, connnerc1_al, industrial or other purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and HHEREAS, the O\.mer is erecting certain new construction on said property and has request(~d the City at this time not to require the innnediate installation and construction of sidewalks in connection therewith; and HHEREAS, the Owner has agreed that if in the future the City, in its sole dis- cretion, determines that it is advisable and necessary to have such sidewalks installed, that the Owner will, upon notification by the City, have side\-1a1ks irmnediately 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 thereof; NOH, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration be tween the parties, receipt of which is hereby ackno\vledged, the parties hereto covenant and agree as follows: 1. The City Hill not at this time require the installation and cor~.struction of sidewalks as part of the erection of the building and improvements by the Ovmcr 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 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 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 side\-1alks 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 ~escribed real property for the cost of the work. 5. This agreement is to be regarded as a covenant running with the land, regardless of \\Thether 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 respective parties a~ thp following addresses, until ~cceipt of written instructions notifying the other party of a different address: City: Mr. Merrett R. Stierheim City Hanager P.O. Box 4748 Clearwater, Florida 33518 HAFt! Owner: ?H~ ~\. r..' I" (.' R D E 0 p. "') r . ') fl.ORIDA .()I\~,CLnK H. Grant, Inc. 807-A Court st. Clearwater, Florida 33516 Auc 13 4 Ii ," '70 -1-, c'J'/' /"; i-D()(~) "- '! I I O.R. 3377 PAGE 102 IN WITNESS WHEREOF, the parties hereto have caused these presents to.be executed the day and year last above written. correctness: Witnesses: ~~-;;t3J?~ ~td.~ As to City ,~~~~ 7Y2I.//d 7iJ /~J ~~ As to Owner ~C. a"rd. STATE OF FLORIDA ) COUNTY OF PINELLAS) I HEREBY CERTIFY, that on this ~ day of 4A'A~~ A.D. 1970, before me personally appeared Merrett R. Stierheim, ~.B-;OW;1, R.G. Whitehead and H. .Everett Hougen, respectively City Manager, City Attorney~ City Clerk and Mayor- Corrunissioner of the City 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 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 said corporation. ~Wl'J:ij~S'S>my. signature and official seal at Clearwater in the County of Pinellas ani;l.';St;.;ateo"'f-Florida, the day and year last above written. >,.;> ~~~~ Notary Public My Connnission Expires: NOlaryPublic, State of Florida at large My Commission Ex;::ires OcL 22, 19/U lu.nd,l!'d 87, AIIl'='.lJ"uu ;;... do (........11, " STATE OF FLORIDA ) COUNTY OF PINELLAS) Before me personally appeared Hugh V. Grant, Pres. H. Grant, Inc. and Sandra C. Grant, Sec. 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 ~~ day of .July A.D. 1970. , f~ .-' .~ " :> ...; , My Connnission Expires: Notary Public: State of Florida at Large My CommiSSIOn EXDires MAY? 1 nn i.'~' . ",' - 2 -