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SIDEWALK WAIVER GRANTED (322) y/ ~ \, / 74009471 \?/ 1\ ~.. ,,'- I ~Gr~~::j\IENT I (j\- \'J.~ u, ~.4127 PAGE 657 rf-i THIS AGHE:ElvlENT, made and entered into this ~~day of ~ 19~ by and between the CITY OF CLEARWATER, FLORIDA, a mu lcipa1 corporation, hereina.Jf~er referred to as llCityll; and HARRYM. LONG & ALTHA D. LONG (HIS WIFE) her,eiruafter referred to as "Owner"; \WITNESSETH: WHEREAS, the Owner owns the f owing described real property situated in the City of Clearwater, Pinellas County, Florid , to wit: Lot 2, Del 01'0 Heights Subdivision 1132 Bayshore Blvd., Clearwater, Florida and 9 -;) q- /6 /Q -;J <) /(() WHEREAS, Section 7-6 of the Code of Ordinances of the City requires that all land that abuts a public right-of-way, which is to have new construction on it, either for resi- - del1Hal,cC0Il'TlIlercia1-, industria,lorcother purposes, shall have sidewalks constructo-dby- the owner on, across or adjacent thereto; and WHERE:AS, th8 Owner :lis. erecting certain :new construction on said prope rty and has requested the C'ilily at this time' ;Il!ol to require the irmnediate installation and co nstruction of sidewalks in; 't:<onnection ftneriE:"\?ntn; and WHERiE}AS, the OW':1i1err bas agreed that if in the future the City, in its sole discretion, determines th:mtiit is advis;i!b1.~and necessary to have such sidewalks installed, that the Owner will, w;,pm notificatiicmu, 1h>y tibe City, have didewalks immediately installed at his ex... pense, and if !Jr:e should faiiJl',!f;G> ,do .so then the City may have said installation made and impose a lien against 1ill:e described :T€:alpJr'operty for the cost hereof; NOW, ''if'lHEREFORE:" iJl1 iconsideration of the foregoing premises and other good and valuable consi:,~ration bet~l2:TQ 1flhie parties, receipt of which is hereby acknowledged, the parties hereto) <t:<Dvenant alJJ',& al;,g;"..'ree as follows: 1. Thie City will 1l1;c:dt alt t1!:nis time require the installation and construction of sidewalks as pan of the:ere'C.tion of the building and improvements by the Ovmer on the above describG:yifl '!real prQpe':rt,:.~., 2. Thle City may at any time in the future notify the Owner, his heirs, personal representativem" successo,]'s or assigns that the City in its sole discretion has determined that it is advisa:'Ib:ll.e and nlec<essary to have sidewalks installed in connedion with said described real}lI>l!'operty., , 3. The Owner or his heirs, personal representatives# successors or assigns shall at his expense \v1ithin nin'ECy (90) days from the notification by the City have sidewalks in- stalled 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 sid~wa1ks 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 lie'n against the described real property for the cost of the work. 5. This agreement is to be regarded as a covenant r1mning with the land regardless of whether it is spccificaHy mentioned in any deeds or conveya.nce subsequently executed, and this agreement shall be binding on all parties, the heirs, personal representatives, successors or assigns. ~ .. Q) 00 >,~-.j4 ..o""t-w 6.'1\.11 notices pursuant to this agreement shall be fu:t'lllished to the respecti~fi>~robies at t~ following addresses, until receipt of written instruction$ notifying the other ~~i ~ of aUdifferent address: ~E . ~ : ".a$\\~nO~IOA So ~ ~ ~ ~t1~ ~ j City: ~~l-'""",,, Ownetr: ~ ~oz ~~ r ... .... City Manager """i'Iu '1~(IJll tOUR' _ .... ~ 0 i>< ~ PO Box 4748 "'" "II Mr. & Mrs. Harry M. Long~ ~ ~ :a" ... ril . t\ fl 01 " " 1132 Bayshore Blvd. c=! [; +> 2 ~ . E-< Clearwater, Florida 33518 "",, .' , 3'JS:e;"" ..; ~ ~ r~ Clearwater, Florida ~ ~ _ ~ W~O< _"" ,,0 .~ ~~o ~ CLo ~ .::: ~ '+-I _ < m~OO riI;l ! d ;a~.a a ~'L: OI~~_~=,_~0'(3~ U ,. · IN WIT NE ';," \'i "EIUL F. the PH'; e s her do execulc~d t.he clay and year la~;t above written. I o. R. 4127 PAGE 658 caused these prcC3cntcd to be have CITY FLORIDA I \"" ~. By Approved as to form ,correctness: Z~~ ~~-, City Clerk.' Witnesses: y... (SEA L) ". Owner STATE OF FLORIDA COUNTY OF PINELLAS I HEREB}f GEJllTIFW'$ tJhi@lt on this day of 9 ~ before me pers omal11f ,appemrxt:cll '-t3. p , ~,/1_ ,U and ..:2:L..Ev.w.:tt ~ ." rrespectively Cit M nager, City Attorney, City Clerk and 1,<1ayor-Co')}.1:nmlliss:i! e1' o-E thrz Clty of Clearwater, a munlcipal corporatIon eXlsting under the 1a:.ws cf the ,'Sli;~tc ,or: F'loridu, to rr~8 knOVv'11 to be the individuals and officer s described in and who ex\.ecuite'~1! the foregoing Agi"eement and severally acknowledged the execution thereof to be their ibree alCt and deed as such officers thereunto duly authorized; and that the official seal of said munilcipal corporation is duly affixed thereto, and the said Agreemerk is the act and det;;'<iJ! of said corporation. Notary Public, Stale of Florida at Large My Commission Expires S.Pt. 29. 1977 Bonded by American Fire & Casualty Co. signature and official seal at Clearwater in the County of Pinellas the day and year last ah;~~ C 4~~~",::~'~ cc, My Commis sion Expires: Not ry PublIc ,;.". ~'/~ .:, ~ ~':~ ~ ~r" '-..,~..:, ~ 'I ::: -;:;\: '';:;'' ~ 2 ~~, ~~ C' l( WITNESS my and State of Flor:Eda, STATE OF FLORIDA COUNTY OF PINELLAS ." -... " ,'-", ~ Before me personally appeared A'-i~ y # ~& t ~ TN~ .0 ,2,,#/_ 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 expres sed. WITNESS my hand and official seal this 2.11/0 day of ....7ANUA,~~;it',. 19 7'/ . ~O#~"-:(-;,:.,;.:~I:':, " ~- ~~ ,~~<'--,.. ...- t --- - "" ' o ary u c ~ _>~' " ": _' ~ j ,'-Il..t ~ > _ . ~ . ~-; ,':-~ . ~ ~ -.:..;; '~,:~,~;, '-.:', '-' ..d ",. '-. -:r ~"d.~; - <., ~~ . 'lit ~_ .... 0;.. . . ~ .- ~ '~~i"'~ o,j'" .;....~~.. '('/ "/':1,./ . '...::" My Commission Expires: NOTAR" PUBLIC STATE OF FLORIDA AT lARGE M'r COMMISSION EXPIRES JAN 25 1977 BONDED THkU co . , , ",ENl:RAL INSURANn 11"'V"q"'IlITfR~ -!..t;' -2-