SIDEWALK WAIVER GRANTED (330)
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73017803
AGREEMENT
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o. \~99). PAGE1592
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THIS AGREEMENT, made and entered into this
by ~~1 betw~en the CITY OF CLEARWATER, FLORIDA,
to as "City"; and e h A. a lker and Vir
to as "Owner";
2nd
, 19 73
hereinafter referr~
hereinafter referred
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
Lot 37, DEL ORO ESTATES, accord~ng .to the map or plat
thereof as recorde~ in Plat Book 46, Page 29, Public Records
of Pinellas County, Florida
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, cornmercial,
industrial or other purposes, shall have sidewalks constructed 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 installation 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 necessary to have such side~alks installed, that the
Owner 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 co~t hereof;
NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable
consideration between the parties, receipt of which is hereby acknowledged, 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 Ovlner 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 l.ecessary 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 ~aid described real property in accordance with City specifications and standards as
established.
i
:4. If the ~vner 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 for 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 pa.rties
at the following addresses~ until receipt of written instructions notifying the other party
of a different address:
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
REC\)RDEO
PIMElLAS CO FLORIDA
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CLERK CIRCUIT COURT
Owner:
Joseph A. Walker and Virginia
E. Walker
~J{'5 ~ San Bernadin'o
Clearwater, Florida 33515
FE.! '0 ~ AM '13
H~~~~~jD~~;:;~,"'~~f'~': ".
City of (~l;~;~!'l \"/ ~
Clearwatel,
, ,t"wed ,by:
--:' r. L:' n r e ,J ~..,,-
",. ';:"c" ",' .L\ttorney
,,', " 1')'" 1174.8
'; ,.j. -)0..;.:'>-
}'lor'i~la 33518
RETURN TO:
CITY CLERK
p, O. BOX 4748
CLEAHWAt!'Ti:H, FL;. ", rJJ(3/J)
D 7- 031.(W
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I Q, R.3991 PAGEt,593
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Approved as to form and correctness:
y~~
City Attorney
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Witnesses:
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A~-itL)~
As to Owner
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 9 day of ...::!L Jt,~~ , A. D. 197~
before me personally appeared Merrett R. Stierheim, Herbert M. ~;;,-~ 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 theLeof 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 agree.nerit is the act and deed of said
corporation.
WITNESS my signature and official seal at Clearwater in the County of Pine11as and
State of Florida, the day and year last above written.
My Commission Expires:
...,...-tlbr..State of Florida at large
N,.tllr..y u, Ie: [;:nres ~ept. 19, \97'3
My CC)mnllSS1on .." F' &. Casually Co.
Bonded By Amencan Ire
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personal~y appeared ::T;;J.. 'Dh A. ~..I k-l.r-r- Y-\((;-rll"';"t... k-. ~ll~..{,v-
to me well known and known to me to be the 1ndividua1s described in and!who executed the
foregoing agreement and acknowledged before me t~at they executed the same for the purposes
therein expressed.
WITNESS my hand and official seal this
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Uai of _f3 h l--lIt "i r- V
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A. D. 197 :s .
My Commission Expires:
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,.,.,., Of ~t"llIDA 1\1 l.I\RGt
-NOTI\RY PUBIlC, s~O"; _,,_ ",' e c r23 1974
. MY c~~rrok~s~~~~ [fRED' w:' D&STEL~(lRSl
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