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SIDEWALK WAIVER GRANTED (75) .-'( \, ,'-', -,' \ ,-- ':.~ - I 7007'70'78 I U.1!. 3377' PAGfl07 Ce<~ A G R E E MEN T THIS AGREEYillNT, made and entered into this // ~ day of 1970 /( ~' , , by and bet~~e.en the CITY OF CLEARWATER, FLORIDA, a municipal corporat' n, hereinafter referred to as "City"; and H. Grant. Inc. a Florida Corporation hereinafter referred to as "Owner"; WITNESSETH; WHEREAS, the O;.mer owns the following described real property situated in the City of Clearwater, Pinellas County, Florida; Lot 19, Block "D", Lakeview Heights SUbdivision, Pinellas County, Florida and WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public right of way, ,vhidl is to have new construction on it, either for residential, cOITIDlercial, 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 WHEREAS, 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 side\valks installed, that the ();mer \\Iill, upon notific-:ltion 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 thereof; NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration bet\\leen the parties, receipt of \\Thich is hereby acknmvledged, the parties hereto covenant and agree as follows; 1. The City \.;ill not at this time require the installation and construction of sidcHallcs as part of the erection of the building and improvements by the OIvner 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 o.vner 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 \\Tith City specifications and standards as established. 4. If the ()<,vner 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 \vithin 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 \\Iork. 5. This agreement is to be regarded as a covcnanLl:Unning wi.th . the-land, regardless of ,,,hether 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 at the following addresses, until receipt of written instructions notifying the other party of a different address; City: Mr. Merrett R. Stierheim City Hanagcr P.O. Box 4748 Clearwater, Florida Owner; RE(',GROED Ci.',I: I .' CD, FLORIOA 33518 IlAt\l,'_ir;'JRE. elf". H. Grant, Inc. 807-A Court St. Clearwater, Florida 33516 AuG 13 4 22 PH '70 -1- 37- OI<6-X(lf-J <I ", .~,.-. I I n.R: 3377 PAGE 108 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. . Witnesses: -/~~/b _ -L3Lf~ ~~~ ~, ~JJ.) As to City - q~~~ A Icvv-e s rff>l~gpec. Ward ...~. '.' I .'\., L l.: STATE OF FLORIDA ) COUNTY OF PINELLAS) I HEREBY CERTIFY, that on this __ //~ day of ~, A"D. 1970, before me personally appeared Merret~StierheiDl, ~~-:-B;.o;n, R. G. Whitehead and II. Everett Hougen, respC'.ctively City Hanager, City Attorney, City Clerk and Hayor- Conunissioner of the City of Clearwater, a municipal corporation existing under the laws of the Stat,e 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 the~eunto duly authorized; and that the official seal of said municipal corporation is duly affixed thereto, and the saidilgreement is the act and deed of said corporation. ,,{~,' \':'WITNESS my signature and official seal at Clean-later in the County of Pinellas ~~'c -"'; .' ..aJtqt;lState o:fFlorida, the day and year last above written. ... My Connnission Expires: NotaJ:YPubl!f, State of Florida at Large, MyCominisi;i:m E::pir.;~ Od. 22, 1970 'Ivlld.d 81 Amlllrlull "111I &. (II~UClII' e.... ~~.~~ Notary Public STATE OF FLORIDA ) COUNTY OF PINELLAS) Before me personally appeared HUgh V. Grant, Pres. H. Grant, Inc. and Sondra 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 r-2.._o/> J( day 0 f / July A.D. 1970. .~ ; ,/' r i My Comnlission Expires: \'(otaty Public, State of Florida at large My Commission Expires MAY 2, 1972 '- 2 -