SIDEWALK WAIVER GRANTED (323)
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o.R.3584 PACE 227
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JUL i9 3 31 PM t1l
AGREEMENT
THIS AGREEMENT, made and entered into this
by and between the CITY OF CLEARWATER, FLORIDA,
hereinafter referred to as "City"; and _.) 11-1-1 6'-~
hereinafter referred to as "Owner";
tf~ day of -::::)4 fJ ~ ,1971 ,
a municipal corporation,
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WITNESSETH:
WHEREAS, the Owner owns the fOllowing described real property situated in
the City of Clearwater, Pinellas County, Florida: 3/5~ S~h ~Ob~
lot ~ OQl C)ro E-'DtQt~s
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and
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
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~ < ~ ~ WHEREAS, the Owner has agreed that if in the future the City, in its sole
~..7~ ~iscretion, determines that it is advisable and necces sary to have such
f: U 0 cQ8idewalks installed, that the Owner will, upon notification by the City, have
~Z. 0.; ~sidewalks immediately installed at his expense, and if he should fail to do so
~~ ~~hen the City may have said installation made and impose a lien against the
~ ~ ~described real property for the cost thereof;
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g ~ ~ -; , NOW; THEREFORE, in, consideration of the foregoing premises and other good
~~G~nd valuable consideration between the parties, receipt of which is hereby
J::,~ 'H ~cknowledged, the parties hereto covenant and agree as follows:
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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
1. The City will not at this time require the inst~11ation and
construction,of sidewalks as part of the erection of the buildiug and
improvements by the Owner 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 neccessarv to h~ve sidewalk~
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, s~ccessors or assi~m~
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
ins.:tal.l-ed..and~assess..and impose a lie.n.a.gg5..Tl~;t th~. .g~_~9J':i-p~ci.r:'~~L_pr'opepty for
the, cost of the work. - . _.-- -
5. This agreement lS 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 furnished 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 /.,1,)/1 S- I~ H /
Ci ty Manager ' ,I... I . ~ f? .~l A.. a h 'e_
P.O. Box 4748 r l'Qa.r j- ~,{' 'd
Clearwater, Florida 33518 - WD..>er- Jon CL:.
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O:B. 358f PAGf 228- :'
e presents to be
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IN WITNESS WHEREOF, the parties hereto have caused
executed the day and year last above written.
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APprov~o & correctness:
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this /q iI. day of Q/-<.A.-/G._ , A. D. 197 I ,
before me personally appeared Merrett R. Stier~~lm, ~~rbert 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 the individuals and officers described in and who executed the
foregoing Agreement and severally acknowledged the execution there0f to be
their free act and d~ed 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.
My Commission Expires:
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My (om;msslOn Expires Sept, 29, 1973
Bonded By Am.~ican Firo & Casualty Co..
STATE OF FLORIDA )
COUNTY OF PINELLAS)
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Before me personally
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to me well known and known to me be the individuals described in and who
executed the foregoing agreement and acknowledged before me that they
executed the same for the purposes therein expressed.
WITNESS my hand arid official seal this~day WAoDol,97(L.:.
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My Commission Expires:
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MY COMMISSION t)t! ':<2 '.,,~,,/iJJl AS! L1A9RSr.,
SONDEQ .., "L,' I, 7T
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