SIDEWALK WAIVER GRANTED (301)
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AGREEMENT d
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THIS AGREEMENT, made and entered int") this /-.:) day of // ~L/ , 19 / O"'-~
by and between the CITY OF CLEARWATER; FLORIDA, a municipal corporation, hereinafter referred
to as "City"; and JAMES R. DUREN & SUZANNE DUREN (HIS WIFE) hereinafter referred
to as "wner";
WITNESSETH:
WHEREAS, the wner Owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
and
Lot'102, Fair "Oaks Sub., 4th Addition
2037 Sandra, Clearwater Florida
WHEREAS; Ordinance No. .1219 of the City requires that all land that abuts a public
right of way, \vhich is to have new 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 is erecting certain new construction on said property and has
requested the City at this time not to require the innnediate installation and construction
of sidewalks in connection therewith; and
WHEREAS, the OIvner 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 notification by the City, have sidewalks immediately 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;
-, NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable
consideration between the parties, receipt of which is hereby acknO\Vledged, 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 property.
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 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 OIvner 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 installed and assess and impose a lien against the
described real property f9r the 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 conveyance subsequently executed,
and this agreement shall be binding on all parties, the heirs, personal representatives,
successors or assigns.
6. All notices pursuant to this agreement shall be furnished to the respective parties
at the following addresses7 until receipt of written instructions notifying the other party
of a different addres~: G~8
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City:
Mr. Merrett R. Stierheim
City Nanager
P.O. Box 4748
Clearwater, Florida 33518
Owner:
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RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARW A TER, FLA. 33518
RECOROfO
'lMEll'S CO. FLORIDA
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~CLE~K CIRCUIT COURT
MY 10 3 "I PM 'll
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[O.R. 3747 fAtE 462
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
By
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City Cle I "
Witnesses:
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.-AG to/ Owner" ","""7 ;;/-
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 02c:rtj( day of ~~ , A. D. 197~
before me personally appeared Merrett R. Stierheim, Herbert M. Brown, R. G. Whitehead and
H. Everett Hougen, respectively City Manager, 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 individuals and officers described in and who executed the fore-
going Agreement and severally acknowledged the execution tLereofto be their free act and
deed as such officers thereunto duly authorized; and that the official seal of said municipal
corporation is duly affi.x2d 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:
Notary-P~bli~1tate ~J Florida at large
My (omrrm,lon !:~[l:res )epl. 1'7, 1'71 j
Bonded By Ameriean fire & C~sualJy Co.
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared
to me well known and known'to me to b the individuals described in who executed the
foregoing agreement and acknowledged before me that they executed the same for the purposes
therein expressed.
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WITNESS my han.d and
official seal
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this
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day of
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A. D. 197.2..
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Notary Public, State of Florida at l
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