SIDEWALK WAIVER GRANTED (303)
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D,R, 3415 F,~GE124
THIS AGREl~lliNT ,made and entered into this g day of t;;) d , 1970,
by and bctHeen the CITY OF CLEAR\oJATER, FLORIDA, a municipal corporation, hel'cin<1[tcr
referred to as "Cityll; and ::re.S~111 AJ, .sl"'~~ t:LUltrll-- fl'}. .{Y/9-,uLcy
hereinafter referred to as "a..mer"; /
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70100886
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A G R E E MEN T
WITNESSETH:
WHEREAS, the OIvner owns the follmving described real property situated in the
City of Clearwater, Pincllas County, Florida:
Lot 128, Fair Oaks, 3rd Add. (1957 Sandra Drive)
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of 'vay, which is to have new construction on it, either for residential,
commercial, industrial or other purposes, shall have sidevlalks constructed by the
owner on, across or adjacent thereto; .and
\<lHEREAS, the O;,mer is erecting certain ne\v construction on said property and
has requested the City at this time not to require the immediate installation and
construc tion of sidewalks in connec tion there\vi th; and
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..c ::;'~ ' \<lHEREAS, the O,mer has agreed that if in the future the City, in its sole dis-
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c~ ;"~ ~'5installcd, that the O;vner Hill, upon notification by the City, have sicle\valks
e8 ci :'?immediately installed at his expense, and if he should fail to do so, then the City
p..~:- " .;}nay have said ins tallation made and impose a lien against the described real property
p .:~: 171,: '~for the cos t thereof;
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~: ~ -~ .t-.~ NOH, TllEREFORE, in consideration of the f()j~egoing premises and other good and
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D ,,-'; [: -;'dvaluable consideration between the parties, receipt of \'Jhich is hereby ackno\vledge.d)
,;:: F";::1 p'the parties hereto covenant and agree as follmvs:
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1. The City will not at this time
sidewalks as part of the erection of
the above described real property.
require the installation and const.ruction
the building and improvcments by the Owner
2. The City lllay at any time in the future notify the Oivner, his heirs, personal
representatives, successors or assign~ that the City in its sole discretion has
determined that it is advisable and necessary to have side\Valks installed in
connection with said aes~ribed real property.
3. The Oivner 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 accdrdance with 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 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
lien against the described real property for the cost of the work.
5. This agreement is to be regarded as a covenant runnli1g~li ththe land)
regardless of Hhether it is specifically mentioned in any deeds or conveyances
subsequently executed, and this agreement shall be binding on all parties, their
heirs, personal representatives, successors or assigns~
6. All notices pursuant to this agreement shall be furnished to the
parties at the following addresses, until receipt of written instructions
the other party of a different address:
City:
Mr. l-1errett R. Stierheim
City Hanager
P.O. Box 4748
Clearwater, Florida 33518
Owner:
Joseph N. Stanley
1957 Sandra Drive
Clearwater, Florida
re spec t i '-Ie
notifying
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D.n. :3415 FAGf125
IN WITNESS \oJHEREOF, the parties here to have caused these presents t? be
executed the day and year last above written.
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FLORIDA
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Witnesses:
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Owner
'7lado e, J~.aYL/
~y -tCtyv
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As to. Oivner
STATE OF FLORIDA )
COUNTY OF PINELLAS)
Guy L. Kennedy, Jr.
I HEREBY CERTIFY, that on this 20th day ofh October , A.D. 1970,
before me personally appeared Berrett R. Stierheim, HcrBcrt 11. Brown, R.G.Hhitehead
'''AiSst:.~cl H. .Everett Hougen, respectively City Hannger,*City Attorney, City Clerk and Hayor-
Corrnnissioller of the City of Cleanvatcr, a municipal corporation existing under the
lm-ls of the State of Florida, to me knmm to be the individuals and officers described
in and who executed the foregoing Agreement and severally ackno\-lledgecl the execution
thereof to be their free act and deed as such officers thereunto duly. authorized; and
that the official seal of said municipal corporcltion is duly affixed thereto, and the
said Dgreement is the act and deed of said corporation.
WITNESS my signature and official seal at ClearHater in the County of Pinellas
and State of Florida, the day and year last above written.
~~ IS.~
Notary Public
ttr Commission Ex,p.ires:
NOtary PulHK. State of R:mda at urq.
IAr Commission Expi:-as O.:L 22, 19i~
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STATEOF_J;'LORIDA. )
COUNTY OF PINELLAS)
Before me personally appeared
to
the
the
JOSEPH N. STANLEY and ELVIRA M. STANLEY.
his wife,
me \'lCll known and knmvn to me to be the individuals described in and Hho excepted
foregoing <1grecment and acknoHledged before me that they executed the S<1me for
purposes therein expressed.
WITNESS my hand Llnd offic,ial seal this
8th
day of
October A,n. 1970.
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Notary, ublic~. '0
Mv Commission Expires:
-fl6tary Public State of F10ridd at large
A1y Commlssion-'Expires Feb. 27, 1971
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