SIDEWALK WAIVER GRANTED (221)
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AGREENENT
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THIS AGREEMENT, made and entered into this
and between the CITY OF CLEARHATER, FLORIDA,
as~ "Ci ty"; andJohn F. Regan & Irene F. Regan
as "wner";
14th day of April , 19~
a municipal corporation, hereinafter referred
(His Wife) hereinafter referred
\HTNESSETH:
WHEREAS, the Owner Owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
Lot 8, Block 15, Mandalay Subdivision
766 Bohenia Circle
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 constructed by the owner on, across or
adjacent thereto; and
WHEREAS, the ~lner 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 wner 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
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 cost 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 wner on the above described
real property.
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2. The City may at any time in the future notify the wner, his heirs, personal
representatives, successors or assigns that the City in its sole discretion has dete:mined
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 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 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:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
RECORDED
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'CLERI<. CIRCUIT Couln
Owner:
Mr. & Mrs. John F. Regan
37 Mango Street
Clearwater Beach, Florida
H~y 23 4 1.3 rH '7l
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARWATER, FLA. :~:\518
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iO.R. 3795 fACE 275
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day anti yea! last above written.
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Approved as to form and correctness:
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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 Expire~: t \.atqe
\..t't State 0\ f\oll~a ;9, \973
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STATE OF FLORIDA )
COUNTY OF-PlNE1LAS )
Before me personally appeared
to me well known and known 'to me to be the individu
foregoing agreement and acknowledged efore me
therein expressed.
the purposes
WITNESS my hand and official seal this
I- f1d' day of
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M~ Commission Expires:
otary PUb,lie., State of Florida at L:ar~a
My CommissIon Expires Oct. 3D, 1973
Bonded by Transamerica InSUfiHlce Co.