SIDEWALK WAIVER GRANTED (8)
o~~:
o
7I054:6f1
I,.'
6ffi t:~
c
I'
~
~"'~.. .
~lQ~
ClUItK ClIlCQITCO\IM
G.t 3545 PAGE 587 '
AGREEMENT
MAY 20 4 1q PH 'll . T~
THIS AGREEMENT, made and entered into this 3 day of JJt4 ..j ,197..L,
by and between~he CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "City"; and i/&61f1 t//\ ~'r'J1mef1le,., /fJ1/4
hereinafter referred to as "Owner"; /' I
/f Il!.-I/f -A 1m fJ1 f I( J 'e'./ 1/ <'i /(/'1 T e
WITNESSETH:
WHEREAS, the Ot-mer owns the following described real property situated in
the City of Clearwater, Pinellas County, Florida:
ItjOO I!Jcl"..s'e I'< 'I !{ d t1 / tV Te, r-/-. r9 - 15 /. )-1)
4/ Yh L. 0 T / if /t AI d I{/~ 5/ ~ r) ( r:' -( L(J / 2. ~ 5'c/ /1/ 1'/ Y ;&/( <
and '(J bl\C'{/&
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts
a public right of way, which is to have new construction on it, either for
residential, commercial, industrial or other purposes, shall have sidewalks
construc~ed 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 installa-
tion and construction of sidewalks in connection therewith; and
~ WHEREAS, the Owner has agreed that if in the future the City, in its sole
;.:, ~ ~ discretion, determines that it is advisable and neccessary to have such
~ $~ sidewalks installed, that the Owner will, upon notification by the City, have
a:; ~ ><: ~idewalks immediately installed at his expense, and if he should fail to do so,
0b~~hen the City may have said installation made and impose a lien against the
t~;'G 0 ~escribed real property for the cost thereof;
r::!" ~ . "0
~~], NOW; THEREFORE, inconsideration ~f the foregoing premises and other good
>,; b .5:) ~nd valuable consideration between the parties, receipt of which is hereby
~~~~fcknowledged, the parties hereto covenant and agree as follows:
f:3 H ~'~
b,2; _~ ~: I. The City will not at this time require the installation and
g~~ &onstruction of sidewalks as part of the erection of the building and
~~ o~provements by the Owner on the above described real property.
~~.Q
E-i W.....
~u 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 1S advisable and neccessary to have sidewalk~
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or assiqn~
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 sidewalks
_ i.nE;ta~l).~cl._.._.:i. n<:Lc_~l.S1:L~ ~s .and....iJIlP9~e... a__:L.i~IL~g Ci iD~t:_.. :fh_~_(Ie.?~I' ib~(;I~:r~C!...l,_m'g P~I'ty foJ:'
t'he, cost of the work.
5. This agreement is to be regarded as a covenant running with the land,
regardless of whether it is specifically mentioned in any deeds or conveyances
subsequently executed, and this agreement shall be binding on all parties, thei
heirs, personal representatives, successors or assigns.
6. All notices pursuant to this agreement shall be furnishect to the
respective parties at the following addresses, until receipt of written
instructions notifying the other party of a different address:
City: Owner:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
/1(/ 0 II/Ulls~j( I /f cI
(! / 'f /1 X r..() /J n JiZ) ;:!-~ _
D7-0/~)
r
-,'
I
O.R. 354~ rAGE 588 .? b
c'
J 0
0
c I
c
o
IN vIITNESSWHEREOF, the parties hereto have caused these p~esents to be
executed the day and ear last above written.
M
'RWATER, .'ELORIDA
:~
Witnesses:
('
At~~
.~ Cl~
. ~~. !d LMfi
X( -L.y A-A~~ ~rc/r/c.-UA-J
....... ~ Ow-ner- /
'~
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this ~tfi1Jay.of .1JJ~ ' A.D. 197L,
before me personally appeared Herrett R. Stlerhelm,~rbert M. Brown,
R.G. Whitehead and H. Everett Hougen, respectively City !1anager, City
Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
a municipal corporation existing under the laws of the State of Florida, to
me known to be the individuals and officers described in and \oJho executed the
foregoing Agreement and severally acknowledged the execution there0f 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 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.
~;r!?~
Notary ubI ic . .
My Commission Expires:
Notary Puh!i{, State of Florida at Large
My Com~~ls:iJOJ hp:res Oct. 22, 1974
II ...:..J....~ A_ - ~ 11:" '" r~ ~Ior' r__
STATE OF FLORIDA )
COUNTY OF PINELLAS)
....-~.-Befo~e-me-peI"s.6nal1";f. ap-peared.
.~
to me well known and known to me to be he individuals descri:p~~:,;.in and who
executed the foregoing agreement and ack~owledged before ~!:t~~t~~hey
executed the same for the purposes thereln expressed. :,'~.
WITNESS my hand arid official seal this~~day -
My Commission Expires: