SIDEWALK WAIVER GRANTED (18)
RECOIWE.il
jINELUS~ 13059688 d. D'''. ~. R.4025 PAGE 329
j. ~ ...iRCUITcoIRT \7 I~
~~ THIs AGRE["E=lT'~;~~;~"~~'d-'~~~O"-t:::S ~ ~~~ j"Y~~f ~'~~ (LQ , 19 )~
by and bet~veen the d~yt O~ CtlLIff\RWATERf\ FLO~A_ ~ D~n:i;::ip'il norporation, h-~rei~aiter ref~rrec ,
to as !lCi ty"; and ~ ~\.,1..\.l).0c.- ~\J - l--<Q, ~ ------ herel.nafter referr('"
to as "Oi.Jner";
WITNESSETH:
QI'{~.ct ~ _
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HHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of way, which is to have ne", construction on it, either for residential, commercial,
industrial or other purposes, shall have sidewalks constructed by the owner on, across or
adjacent thereto; and
WHEREAS, the O,vner owns the follo,ving described
Clearwater, Pinellas County, Florida:
/~D/- /t::)"""?
U~fJ.-.~C-
real
property situated
x~
in the City of
~42V
and
WHEREAS, the Oivner is erecting certain new cOnstruction on said property and has
requested the City at this time not to require the in:lnediate installation and construction
of sidewalks in connection therewith; and
WHEREAS, the Oi,rner 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 side,.!alks inunediately 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;
NOI.v, THEREFORE, in consideration of the foregoing premise~, and other good and valuable
consideration bet,veen 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 O\vner on the above described
real j=roj::erty.
2. The City may at any time in the future notify the O\vner, his heirs, persona]
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 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 side\valks installed and assess and impose a lien against the
described real property for the cost of the work.
5. 111is agreement is to be regarded as a covenant
of whether it is specifically mentioned in any deeds or
and this agreement shall be binding on all parties~ !h~
successors or assigns. . .
running with the land regardless
conveyance subsequently executed,
hei~sL persona~ Jepreselltat: i ves,
-" -- - ---
6. All notices pursuant to this agreement shall be furnished to the respective parties
at tLe folloHing addresses, until receipt of \-fritteD instructions notifying the other party
of a different address:
City:
Mr. Merrett R. Stierheirn
City Manager
P.O. Box Lf7Lj.8
Clearwater, Florida 33518
Oivner:
Hallmark Development Co.
1201 Drew Street
Clearwater, Fla.
RETURN TO:
Crl'y (] ~e<<1\'
/'.IJ .18" ~ ~/7 vF
. 419 d~S'/F
C ~c-e.te tv f9-T-f /ZI /C.
This instrument was prepared by:. .
Name JlERhEK7 m. I~QI.l/'u ~.y /!/In,,,,''y
Address I? P. /-10)1. V7 vF
() L GI9/{ tl/-'9-76-/ej FLA. .E.3 S-/ r
,t 7' O{'~t)c(,)
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I
Q. R. 4025 PAGE 330
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IN ~.JITiT~SS 0j1-i[0.i:::OF'l the i?arties ~1er2to ~(l-'/2 C~;.~I~'~:~:' ~[>:2::::i::: t=,.ces,;2D.ts to be e::':ec:jt~~d cne
day and year last above written.
By
A~~~:Z=
City ttorney ,
At~_
City Clerk. . MAY :3 1973
lH tnesses:
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STATE OF FLORIDA
COU1~I'Y OF PINELLAS
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I HEREBY CERTIFY, that on this ~ day of ~ ~ ___, A. D. 19-zd
before me personally appeared Merrett R. Stierheim, Herbert H. Bro~n, R. G. Whitehead and
H. Everett Hougen, respectively City Hanager, City Attorney, City Clerk and Hayor.-Corrunissioner
of the City of Cleanvater, a municipal corporation existing under the la.vs 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 tr~e:{'eof to ~)e 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.
WITNESS my signature and official seal at Clearwater in the County of Pinellas and
State of Florida, the day and year last above written.
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My Commission Expires:
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Notary PlIlllic, Stahl of fl",;h >t I "foe
My Commission Expires S2Pt. 29, i973
Bondcid By American fire & Casually Co.
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STATE OF FLOR IDA..
COUNTY OFPINELLAS
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Before me personally appeared ~
to me well known and knmm.to me to be the individuals descri]
foregoing agreement and acknowledged before me
therein expressed.
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WITNESS my hand and official seal this
~~^
day of
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_~_A.]). 197~.
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Commission Expjn~s:
"otar'y Public. State 01 Flotilla It tart'
"'~ ,C!lmmil.~jQnExpire$ .Eeb.2Z.. 19Z1
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