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SIDEWALK WAIVER GRANTED (309) ~ 73140053 ~ ~,Oi.,~"}~ AGREEMENT ~ ~ 0.:.-':' THIS AGREEMENT, made and entered into. this 26th day af Sept. , 19 "? 3 by and between the CITY OF CLEARWATER, FLORIDA, a municipal carparatian, hereinafter referred to. as "City"; and~X~~~~ Hubert Vandenberg and hereinafter referred to. as "Owner"; Elaine Vandenberg, his wife, ~;-" 1 V. R. 4088 PAGE 637 WITNESSETH: WHEREAS, the Owner awns the fallawing described real praperty situated in the City af Clearwater, Pinellas Caunty, Flarida, to. wit: llf.09 Satsuma St. t Lot 16 . Highland Park Sub - Clearwater Fla. and WHEREAS, $~c;<.tioJ:l'F..;;6 af the Cade af Ordinances af the City requires that all land that abuts a public right-af-way, which is to. have new canstructian an it, either far resi- dential, cammercial, industrial or ather purpases, shall have sidewalks canstructed by the awner an, acrass ar adjacent thereto.; and WHEREAS, the Owner is erecting certain new canstructian an said prape rty and has requested the City at this time nat to. require the immediate installatian and co nstructian af sidewalks in cannectian therewith; and WHEREAS, the Owner has agreed that if in the future the City, in its sale discretian, determines that it is advisable and necessary to. have such sidewalks installed, that the Owner will, upan natificatian by the City, have sidewalks immediately installed at his ex- pense, and if he shauld fail to. do. sa then the City may have said installatian made and impase a lien against the described real praperty far the cast hereaf; NOW, THEREFORE, in cansideratian af the faregaing premises and ather gaad and valuable cansideratian between the parties, receipt af which is hereby acknawledged, the parties hereto. cavenant and agree as fallaws: 1. The City will nat at this time require the installatian and canstructian af sidewalks as part af the erectian af the building and impravements by the Owner an the abave described real praperty. 2. The City may at any time in the future natify the Owner, his heirs, persanal representatives, successars ar assigns that the City in its sale discretian has determined that it is advisable and necessary to. have sidewalks installed in cannectian with said described real praperty. 3. The Owner ar his heirs, persanal representatives, successars ar assigns shall at his expense within ninety (90) days fram the natificatian by the City have sidewalks in- stalled far said described real praperty in accardance with City specificatians and standards as established. 4. If the Owner ar his heirs, persanal representatives, successars or assigns shall fail to. have sidewalks installed far the described real praperty in accardance with City specificatians and standards within ninety (90) days fram the natificatian by the City, then the City may have the sidewalks installed and assess and impase a lien against the described real praperty far the cast af the wark. 5. This agreement is to. be regarded as a cavenant running with the land regardless af whether it is specifically mentianed in any deeds ar canveyance subsequently executed, and this agreement shall be binding an all parties, the heirs, persanal representatives, successars ar assigns. 6. All natices pursuant to. this agreement shall be furnished to. the respective parties at the fallawing addresses, until re!;eipt af written instructians natifying the ather party af a different address: ---------------- ./ lt1fU(j~!j~lj\;.~ RIOA " Owne r : ouett;1.AS- t"Jr~ ". Mr. and Mrs. Hubel." ._, \i' 'UP-' ,<' ,," 173 21st Terrace SEO '""{;1,,.<DliA,'i .d.,.' " Largo., Fla. 33540 _rU'FIIfU1 Thi.s iJJ::;tn!L"F,"e':"LJ prepared by: HEf'13F'-"(' "r T.--),,;\, --,', J '_,~H l'L. L'.v", Vi H, C.,;l;Y Altnrney Cit,y ,of (Jlc:'d.'\v~~ter, I). O. liox ;- <- !Qlearwater, Florida 33518 07-0JI-W..2) f:~.:"~-'i.' City: City Manager PO Bax 4748 i'JtEf(}<<~iW:ter, Flarida_335HL' ... f CITY CLERK , P. O. BOX 4748 nE'ARW ATER, FLA. 33518 .... ".' -1_ ~ /'. I caused these presented to be u. ~. 4088 PAGE 638 ... . I IN WITNESS WHEREOF, the parties hereto have executed the day and year last above written. ~ . ~hu~ lt~&a' (SEAL) Owner Witnes ses: WITNESS my signature and official seal at Clearwater in the and State of Florida, the day and year last above written. ;G County of Pin ell as My Commis sion Expires: NotarY Public, State of Florida at large '-' L, Public STATE OF FLORIDA ) COUNTY OF PINELLAS ) \ \ \ \ ~ '. ~ <" '~ ~:. ..~. \ ,j ," ('J ;.,,,.. .. . t ''''.\~.J 'I' t '/',,,,\1 -I\:)~ ..> " c'~ C! Ii', Y k "1 CI . ci) ~ ~ '-..! j.::, ,:;-,') . -"'i'j" ,- "-J ~:: l ':' \\1 .. " My COHtL'}i:;~~'i)'l'1 L-::;.:rl)"cs S~~~J'i'. :tS, 1 ~77 Bonded by Amen,an h,,, &. (;qsualty (;0. .... ""') ". Before me personally appeared to me well known and known to me to be the individuals described in and who exeaut foregoing agreement and acknowledged before me that they executed the ~~nae .fe:>r th purposes therein expres sed.'" ~. " l .. .. ~ i:. . .... f. '. . WITNESS my hand and official seal this ~ b 4ay of l/:?jJ~,'.~:":lIF 7.i . My Comntission Expires: ~~r~u~ j4~? ",' i~ ' Notary PUb'i. Sf My Commi's~;on c;J; ~f Florida at LargE> DO"uec !"'y' Tr. e r?~ Get. 36, 19/.:$ .. " an"arnenca Insurance Co. -2-