SIDEWALK WAIVER GRANTED (327)
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~;Olr./~092 PAGE 925
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73145787
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THlS AGREEl\-lEI\fT, l11.ade and entered into this lOth day of October
19 73 by and between the CITY OF CLEAR\\TATER, FLORIDA, a municipal corporation,
hereinafter referred to as "City"; and James T. 14tXHK & Phyllis D.X~X2:S (His Wife)
hereinafter referred to as "Ownerl'; Ayers Ayers
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the
City of Clearwater, Pinellas County, Florida, to wit:
Lots 393-394-395, Del Oro Groves Subdivision
3248 San Bernadino, Clearwater Florida C/-c29-, dr
and
WHEREAS, Section 7-6 of the Code oJ Ordinances of the City requires that all land
that abuts a publ:ic right- of -way, which is to have new construction on it, either for resi-
dential, commercial, industrial or other Ff.'lrposes, shall have sidewalks constructed by
the owner on, a'cJtoss or adjacent thereto;, and
W1C(IJE,RE.,~S-" +'Jr.:.c Qj,-~e:r is erecting certain new construction on said prope rty and has
requestedl1fille CJ~ittJ au ithis; -:tirne: not to requir<e the immediate installation and ro nstruction
of sh6~ewa.:l\lm:; im ':C::(Qnn'fecli8rnl. itherewith; and
wrllIER~$, iI:iInre <O>w.tmerbas agreed that if in the future the City, in its sole discretion,
determines tfrait1:itt is; alcllvisable and necessary to rave such sidewalks installed, that the
Owner wilH, upxmi notif:i.c.:atio:n by the City, have sidewalks irnmediately installed at his ex...
pense, am if he' shouldfaillJ to do so then the City may have said installation made and impose
a lierr ag:iilinst the describe!lft rea] property:fQr the cost hereof;
NROJ\\!7, 'JI'EIEREFO!R:IE<:;l! in. cODsidlerat-ian of the foregoing premises and other good and
valuauli>le ,cJll1I.sid:hI1CIDtloam Tt>e:truwleen the pa:rties" receipt of which is hereby acknowledged, the
part'Qie:s bHeulfto,,^"IDWe':ITD.:-aun.t aumii!. ag:ree as follo\vs:
l.f'he \Ciity ':willi. ]DHCJ.'t, at this time require the installation and construction of
sidew'alk-s' ;a$; pw.'ltt 'Of tt'lne <erection of the building and improvements by the Owner on the
above desc-:nibedi meal iPro~rty.
2. 'IT'he ':City :!l1l11illY at anytime in the future notify the Owner, his heirs, personal
representa:tf:iives" succ:esso,Jts or assigns that the City in its sole discretion has determined
that it is adlwisab1e and :necessary to have sidewalks installed in connection with said
described l~eal proper'!!:y.
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3. The Ow'ner or his heirs, personal representatives, successors or assigns shall
at hi~ expense within ninety (90) days from the notification by the City have sidewalks in-
stalled 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 :I.-eal 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 parties
at the following addresses, until receipt of written instructions notifying the other party
of a different address:
City:
City Manager
PO Box 4748
Clearwatel~ Florida 33518
.KETURN TO:
CITY CLl~R!{
P. O. BOX 4748
CLEAR\VAT.E;H, F'LA, 33518
:-(ECI)k(j~~
P!NEi.LAS CO, F!.IjRW'
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CLERK CIRCUIT -:OUflr
Owner:
Mr. & Mrs. James T. ~ Ayers
3248 San~ernadino
Clearwater, Florida 33515
leT 18 9 J' AH '73
"';-';).'; cd by:
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'j"i :,_ i\ Jltorr. c'.:.
(Jitv of Clc~"Lvl':,;,r, p, 0, Box 4740
. , · Qle~rFaterJFlorida 3351'b7- 03tf-Ci)~)
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. ,n Ii Jl\!,L,':i.J ,vJ.JJ,..a'\.-"o -', ,](C par ICS lere o lave
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executed the (hy and )'C;11" last above writte;Jl.
I o. R.4092 PAGE 926
caused these presented to be
CITY
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Att~~ ~/':';~?'\\
~ity Clerk- " ,
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(SEAL)
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As'to Owner'
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Owner
,
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEIR-llE;BY CER TIFY, that on this 11th day of October , 19 7 3 ,
before m,e P/"~lt'i!Wnal1y appeared H. Everett Hougen. Herbert M. Brown lOI""~'~
and Heston Bates II ,respectively City Manager, City Attorney,t:city Clerk
and MaY""I",.,([;onunissioner of the City of Clearwater, a municipal corporation existing under
the laws oJf t!J.nJe' State of Florida, to m,e known to be the individuals and officers described in
and who executed the foregoing Agj,'eement and severally acknowledged the execution thereof
to be their free act and deed as such officers thereunto duly authorized; and tha: the official
seal of said municipal corporation is duly affixed thereto, and the said Agreemeut is the
act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the
and State of Florida, the day and year last above written.
^~_~I C..
My Comrnission Expires: ~1ic
Notary Public, State of Florida (It la'ge
My Commission Expi,es Sept. 29/ 1977
ll"l/d~d b, A...~l:-~.. Fife" CSI["Q1ty Co.
c ountr::qt:P~naXla s
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STATE OF FLORIDA
COUNTY OF PINELLAS
Before me personally appeared_ 1AMc.<1 -r/lYE~5 ,>I' !ZY/././S 0 /ly.(~..
to me well known and known to me to be the individuals described in and whQ,.e'x'(:;'~ufe{ij,the
foregoing agreement and acknowledged before me that they executed the ~~~~.e::j'f:>~f-t:B.~;>;.
purposes therein expressed. i/<~;-" - G;-',~ ~'..,"::'..
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WITNESS my hand and official seal this /0-&
da y of ~ rC)dtr.~~~', ( l~. 73~.
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My COlnmis sion Expires:
NOTA\l~ PUBLIC STATE OF FLORIDA AT LARGE
M) COMMISSION EXPIRES JAN. 25. 1977
.ONDOD f1-lkU :;~NI:RAI INr.!'~^'Jr~ !INDfRW!UTERS
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RETl'B:N TO:
CTr{ 'CLERK
P. O. I'.eik 4748
CLEAHWATiGH; FLA: 3351~
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TTFU...; C:!' ley
City (,i ell. C, -,,,'x ~7 48
,clearwater, Florida ~3518