SIDEWALK WAIVER GRANTED (19)
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RF.CI)RDELi
PINElLAS co. FlORIDA.
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~, \ I -z"o' . O. R.4025 PAGE 331
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THIS AGRE;::;.vIEiH, TIL':.ae ~,lld enter0d ':':Jco chis So Th_ day of D-r--<..~O , 19 ') S.
by and be. t,,,eerl the CITiY~ OF .GLEr\R\{'\TER" FLWIp,.\\., ~/,"~un. ici~-;-i-- corpor aeien, herCin.;Et..~-;:--~.~f2rre-2---.
to as "City"; and ~ ~.lt'\;t~ lL--<-(C~' ~- '----e::' c1J!^"::::::._~ hereinafter referred
to as "Owner ";
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hTITNESSETH:
WHEREAS, the Odner Clims the follm-Jing described real property si Luated in the City of
Cleanvater, Pinellas County, FlOriCL/~O y_ II.~ C?<.~
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HHEREAS, Ordinanc-c No. 1219 of the City requires that all land that abuts a public
right of vlaY, v/hich is to have IV'I', constructiOllUIl it, either for resid('ntial, con"-'T1.ercial,
industrial or other purposes, shall ]Idve sidewalks constructed by the owner on, across or
adjacent thereto; and
and
1.JHEREAS, the O\vner is erecting certain nelV construction on said property and has
requested the City at this time not to require the imme.diate installation and construction
of sidelvalks in connee tion therewi th; and
T.JHEREAS, the Ovmer 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
O\vner will, upon notificat ion by the Ci ty, have sidewalks ir:nnediately 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;
NOt", THEREFORE, in consideration of the foregoing premises and other good and valuable
consideration betvleen the parties, receipt of ",hich is hereby acknolvledged, the parties hereto
covenant and agree as follo\vs:
1. The City Ivill not at this time require the installation and construction of sidewalks
as part of the erection of the building and improvements by the Owner on the above described
real ;.:roperty.
2. The City may at any time in the future notify the O,.mer, his heirs, personal
representatives, successo~s or assigns that the City in its sole discretion has determined
that it is advisable and necessary to have sidewalks installed in connection \-lith s'aid
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 v,Tith City specifications and standards as
established.
4. If the O\vner or his heirs, personal representatives, successors or assigns shall
fail to have side\valks installed for the describc'd 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\\ralks installed and assess and impose a lien against the
described real property for the cost of the work.
5. This agreement is to be regarded as a covenant running with the land regardless
of vrhether it is specifically mentioned in any deeds or convcYcmce subsequently executed,
and this agrcffinent shall be binding on all parties, the heirs~ persona~ repre~entatives~
s~cces~6fs or assigns.
6. All notices pursuant to this agreement shall be furnislled to the res[ective parties
at tte following addresses. until receipt of written instructions notifying the other party
of a different address:
City:
Hr. Herrett R. Stierheim
City l'Janager
P.O. Box 4748
Clearwater, Florida 33518
Oivner:
Hallmark Development Co.
1201 Drew Street
Clearwater, Florida
RETURN TO:
C fry CLI:-p.t\
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CL f-.19/ek/I4#n. -It;" &.35J7r
This instrument was prepared by:
Name IIE/?ht<=~r /l7 gn()Q)~C7v/1,/jp/W(:-y
Address ~1J.Al1x ~7Y%
CLt--/9HttJ-9k-?e, ;.: CA ..33-S-/f',
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o.R.4025 PACE 332
I'N WITNESS ~~r}LEI~.LO?, tLc: DLlt'"ties hereto ha\.~e Cd.r..l~-:2d
day and year last above written.
~ ~ 1. ;;:; :3 c' p ,r -2. S l~ n t s
to be cxcc:oced
t: \-~ ::,
'..tl.'_
cound" "/
p ~I ~
conmiSSione~
Approved as to form an corn:'ct ness:
~~..~
City Attorney /~
llDA
l'Ianager
~
City Clerk
MAY
3 1973
Hitnesses:
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As 0 O,\'ner /
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STATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY, that on this ~ ___.,. clay of ~ ~. , A.D. 1973
before me personally appeared Herrett R. Stierheim, Herbert N. Hro6'll, R. G. h'hitehead and
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Hayor-Commissioner
of the City of Clearwater, a municipal corporation existing under the laws of the State of
Florida, to me bJo,vn to be individuals and officers described in dnd ,vho executed the fore-
going Agreement and severally acknowledged the execution U:;eceof 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 agreellient is the act and deed of said
corporation.
HITNESS 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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t:ary._,,"t~1:d.~~c "..,.,.
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My Commission Expires:
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P br Stiltp 0 r.c,r... c. . ..'
Notary u \c, - . ,..' ~J 1'173
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My om,m,' v. ':-~' f..' &. .casuaIlY.co-,-
~9nde_4 ~,Y. b_meUfan _Ile_
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STATE OF FLORIDA..
-COUmyuOl:'p I.NE LLAS
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Before me personally appeared . .
to me well knmvn and knmffi. to me to be the individuals described in an who executed the
foreg'1ing agreement and ackno,vledged before me that Li,,-,y c.:ccuL,.cl the same for the purposes
therein expressed.
HITNESS my hand and official seal this ~ 'l:...'^-
day of
~
A. D.
196.
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Hy CorllJ:ni ssion Expires:
Nofary Public, Slate Of tJoridaat h~
___~,f.o,mmission_.I~.@~.J~b.. 'W~-.ill2..-._