SIDEWALK WAIVER GRANTED (206)
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Q,R, 3561 PAGE 94
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AGREEMENT
THIS AGREEMENT, made and entered into this 3 day of June ,197',1 ,
by and between the CITY OF CLEARWATER, FLORIDA, a T'1unicipal corporation, -:-
hereinafter referred to as "City"; and Joseph Koch and Josephine Koch (wife ),
hereinafter referred to as "Owner"; '\
WITNESSETH: \
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WHEREAS, the Owner owns the following described real property situated 1n
the City of Clearwater,. Pinellas County, Florida:
1145 Union st. Clearwater, Flo1'>ida
legal: the East 15 feet of lot 11, and all of lot 12, Block S,
and Bay Terrace and Bay Terrace Addition~ Pinellas County.
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, cow~ercial, 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 re~uire the immediate installa-
tion 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 neccessary to have such
~oo sidewalks installed, that the Owner will, upon notification by the City, have
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~~ sidewalks immediately installed at his expense, and if he should fail to do so,
,~:~then ~he City may have said installation made and impose a lien against the
: .~...~ ~ descr1bed real property for the cost thereof;
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~ u. ~ ~ NOW; THEREFORE, in consideration of the foregoing premises and other good
~'~and valuable consideration between the parties, receipt of which is hereby
~) i~acknowledged, the parties hereto covenant and agree as follows:
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j ': ~~ 1. The City will not at this time require the installation and
8~ ~ ~onstruction of sidewalks as part of the erection of the building and
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~;j ~-:; u ~mprovements by the Owner on the above described real property.
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2~g 2. The City may at any time in the future notify the Owner, his heirs,
~~u personal representatives, successors or assigns that the City in its SOlE
discretion has determined that it is advisable and neccessary to have sidewalks
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives,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
ins_taIled _Cl-J1Cl assess and_impps~e a lien against the described real property for
the cost of the work. - . n. ____._'_____
5. This agreement 18 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:
M:. Merrett R. Stierheim Joseph Koch
C1ty Manager 1121 Union st.
P.O. Box 4748 Clear~vater, Fla. 33515
Clearwater, Florida 33518
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0 I I ,O,R, 3561 PAGE 95
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~~~rec~ness:
ty' ttorney
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Koch
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, th~t on this Itf4ay of ~/, A.D. 197 L,
before me personally appeared Herrett R. StierheitPf', Herbert 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
fo~egoing Agreement and severally acknowledged the execution theremf 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.
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otar'y Publlc
My Commissio..n . Fxnu.#s :
Notary Pu~Ec, State ol~ tlontn -CITtiITI)'
M (om"":"':lc,n I=x!lires Oct. 22, 1974
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Bonded by American Fire & Casualty Co. ,
STATE OF FLORIDA )
COUNTY OF PINELLAS)
~._..__Bef.o"e m", PersonEoUL"I'P~e~r_ed h.:e.L;f;:r."e euJ ~ L ~ ~Z
to me well known and known to me ~ be the individua<< descr~-~~~-i~ ~a~~ -;hO -~
executed the foregoing agreement and acknowledged before me that they
executed the same for the purposes therein expressed.
WITNESS my hand and official seal
this .?~day o~-,---A.D. 197J::-.
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My Commission Expires:
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