SIDEWALK WAIVER GRANTED (302)
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"ITJ.lS AGREEIV1ENT, nlac1c and entered into this / E day of
19 73 by and between the CITY OF CLEARWATER, FLOR[DA, a muni,'
hereinafter referred to as "City'!; and John R. Espey & Martha E. Espey (His
hereinafter referred to as "Owner";
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73166561
AGREEJ\JENT
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a1 corporation,
Wife)
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the
City of Clearwater, F'lTIellas County, Florida, to wit:
Lot lO, Canterbury Heights Subdivision
l229 Canterbury Rd., Clearwater, Florida
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C/Lf,e:;',/. /d
WHEREAS, Sedi!on 7-6 of the Code of Ordinances of tfue City requires that all land
that abuts a public Eight-ai-way, whIch is to have new constrmction on it, either for resi-
dential, comm,ercial, industrial or other purposes, shall have sidewalks constructed by
the owneJt on, acros& or atrlijacent tht':orcto; and
and
W1PiE1il.(iEtAS." 1:l!re:.L'"),r,VJll;CT 'is; ,!~l1Yeclting certain new con stru.ction on said pr ope rty and ha s
request~i!11the rC:nky,;j)Jt iill{L13:t:iimn:e n\~' tlrID require the immediate il!Jstallation and co nstruction
of sidew;a:~l~:1l :i1r-Jl1c,on,'rl.'ecr:tiiim:l tFrerew:it1b;' and
W!HDIr.JRffiAS, the. 'Cwner has agreed that if in the future 1the City, in its sole discretion,
deter:mi1l1lfe$:fllu.t it is ::lKm:isable and ne:cc:essary to have such sidewalks installed, that the
Owner. vrij]], upon not::it1ikmtion by thx:e City, have sidewalks imrrJediately installed at his ex..
pense, aurIJ;1fj iii: he shoU111d3 f.ad to do 8.'1.0 tl:lIllen the City may have said installation made and impose
a lien, agillfurs:t the de~)(t::n:j:irb:td real pm~:rty for the cost hereof;
NlIO'V0,,'IlHEill':...illJP1:iilmr.l' jjInJ <<::tmnl'.ttteration of the foregoJ.ng prernises and other good and
valuable <t::o];))$fu:(filaraitli,a.m lbrtt~te,.er.m. tl1m' w:aurties, receipt of which iff; hereby acknowledged, the
partie:s h~]'~ifn)) r:co'Ve':in.ant: .tnni!! :dl~!t'!e)1:~ as :lioUows:
l. ']:lh:e C:fi1I.~g vriJl nQtt a.t: tJ:..is t:iime require the installaticm and construction of
sidewalk:$ lkfS I(:l'nrt alf t.b.i~ w:t:'~C1'..':.nD_ U-L 1illJ.,e. building and in~provemlents by the Owner on the
above des'clrJj}hed real pr ope rty .
2. "The City may at any time in the future notify the Ovmer, his heirs, personal
representatives, successors or assigns that the City in its soTe discretion has deterrrrined
that it iS3!clvisable and necessary to have sidewalks installed in connection with said
described Tear 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 in-
stalled for said describe0l real property in accordance with City specifications and standards
as established.
4. If the Owner or hiG heirs, personal represent<>.tives:, successors or assigns shall
fail to hav€; sidewalks installed for the described real property in accordance w;.th City
specifications and standards within ninety (90) days fro:n the notification by the City,
then the City may have the sidewalks installed and assess and ilnpose a lien against the
described real property for the cost of the work.
5. This agreement is to be regarded as a covenant rULning with the land regardless
of whether it is specifically m,entioned in any deeds or conveyz.l1ce subsequently executed,
and this agreemen~ shall be binding on all partics, the heirs, ]lcrsonal representative~,
successors or aSSIgns. Ci tr2~,
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6. All notices pursuant to this agreement shall be furrished to the respec~-fe~$Tties
at tJre following addresses, until receipt of written instruction~;; notifying the other~~~
of ;: different addres s: ' ~ ~ ~ S
~ ~~~~
~ :~~.'::h~'::: ~ ~ ~....
- ~ , ~ City: O!MEL'-f.--; (C r:' :C," Owner: "%j ~ 0 ~
~ == foot .J City Manager \ l'rl ,f.. . 0" ~ ~ ~
tiI ~ '- -\ ._aJ...' 'I ,--__l.. Mr. & Mrs. John R. Espey ::I. I'tl Z r.
~ 0 8 ~' PO Box 4748 Ct.ERK CIRCUIf (.:11[(: 2194 Oakgrove Dr. ~ ~~ ~
li'a ~ Clearwater, Florida 3',518 3 Clearwater, Fla. 33516 c.:l':;:~
~ . ~ -.. 10 3 1""" 1 ~ t;rj'< \W
wto< U ~I ~o>~
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" I,N )VITNE::35 'N ,HLl('EOF', the parties hereto have
execl::,',] the day an,d year lar;i: above 'vvritten.
(G, 1.4108 fAGE 682
cansed these pre~,cnted to 1)(;
By
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Atte~~
, , ' Clty Clerk' , i ;
Witnesses:
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(SEAL)
(S EA L)
Owner
STATE OF FLORIDA
COUNTY OF PllNELLAS
IHgRJE:BYCEHTIFy,thatonthis,~qd dayof~ ,197-3,
before me :p:er:slOnally appeared ~ /), -::J-,bJL I~ h1 'P~ ~.5. .~
and !d. ~ I~~ ' , rlespecti~tif~Ty Cit)] Manager, City Attorn/y, Cfty Clerk
and Mayo:1!'-Cor1l~r of th.:e City of ere-arwater, a municipal corporation existing under
the laws 05 the State of, Florida,., to me knA:.>vm to be the individ'uals and officers described in
and who executed the foregoing Agreernent and severally a~knowledged the execution thereof
to be their free act and deed as such officers thereunto duly authorized; and~,Jlh,J ,',.,t,' the official
seal of said municipal corporation is duly affixed th.:reto, and the said AgJ;e~ent is the
act and deed of said corporation. 'AI' ,"
i'f
WITNESS my
and State of Florida,
signature and official seal at Clearwater in the COUB~Y.?ID J?inellas
the day and year last above written. "",,-c =- -;,' ,"-'
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Notal' Pubhc ~;: : --(\, -<.,> "
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My Commission Expires:
Notary Public, State of Florida of large
My Commission Expi,es Sept. 29, '977
.....d.d 11., A....,:..n f:,a .. C..w.lt~ c:..
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared.JO#AI ,f, Es"EY f /o/"#1l'T#A 6~:Esp~
to me well known and known to me to be the individuals described in and wh-t'}~.(~icut:f:(rtl}e
foregoing agreement and acknowledged before Ine that they executed the s~Ir...e;<f2i'tIi~:~.">;;;;;..
purposes therein expres sed. ~:::_- < .,,0 \.;i:;
. ..~:: -- '''~'~.. / ~ '~!'~,~;~
WITNESS my hand and official seal this //.dI day of ~V~I'?~~,~_,~~ li7J.! l
dj:r~rf~~:'-:-' - '.
My Commission Expires:
N01AIf'/ PUBliC STATE OF FlORltlA Al LARGE
M' COMMISSION EXPIRES JAN. 25, 1977
SONDED THKU ::;EN~RAL INSUIlANCE UNDERWRitERS
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