SIDEWALK WAIVER GRANTED (20)
~.. '
t
. "fORDID . .
P1MlLU~ co. 'LORIOA
~ "1. m.4"-.~
~.. "
clERK CIRCUIT COURT
I
4 11 PM 'lZ
t72001.5~2
I (Q),op370~ PAGE 277
~}?! 1/1 .
7j-
J
t
\g.
. JlI '2
ACREEJ'1U iT
TIllS J\CRl:E:HENT, m(lc}(~ and cnter(~d into this 29th day of December ,197 1~.
by and het\.Jecn the CIl'Y Of CLE^JnJNrER, FLOrnDA, :J]~ufiJ:Cipal corp()p~;:tIon,
hex'c inaf"tor r.e fCr'l....od to as \I City "; and ~ WILCOX & MARIAN WILCO]C (HIS WIFE.L..-______...
her>einafter pcfqrred to as "O\oJnepll;
\HTNEssr:TH:
WHEREAS, the Owner owns the followil1~ described real property situated l~
the City of Cloar\<}atel." ,Pinollaf, County, Florida:
SW 1/4 of NE 1/4, Section 12, Township 29 South, Range 15 East
1101 Kapp Dr., Clearwater, Florida
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abut~
a public right of way, which is to have new construction on it, either for
residelltial, commerci~l, industrial or other purposes, shall have sidewalks
constructed by the owner on, across or adjac~nt tl1ereto; and
HHEREAS, the O\,me:r' is erecting certai_n neH construction Ol~ said pr'operty
and has requested the City at tl1is time not -to l"eCluil'e the immediate j nstalla-
tion and construction of sidewalks in connection therewith; and
\'lBEREAS ~ the OHnet' has agreed that if in the .future the City ~ )_n its sole
.discretion~ determ~nes that it is advisable and neccessary to have such
sidewalks installed) that the Owner will, upon notification by the City, have
side\oJa1ks immediatelvinstalled at his ex~)Cnse, and if he should fail to db ~~c
then the City may have said installa-tion ~ac1e and impose a lien against--t-he
described real property for the cost thereo~;
NOW, THEREFORE, in consideration of t11c foregoing premises and other goc~
, and viiluable consideration betvJcen the p0rties, receipt of Hhich is hel"'eby
. acknO\-11edged ~ 'the parties hereto covenan.t and agl"ee- as follov1S:
_1. The City will not at this time ~equi~e the installation and
construction of sidewalks as part of the erection of the building and
improvements by the Owner ori the_above described ~eal property.
2. The City ~ay at any time in the future notify the Owne;t his heirs)
per~9nal representatives, successors.or assigns that the City in its sole
discretion has determined that it is advisable and neccessary to have sidewal~:
installed in connection with said described real property.
3. The Owne~ or his heirs, personal represenative~, successors or assi~~
shall at his expense within ninety (90) days from the notification by the Ci::'
have sidewalks installed for said described real property in accordance with
City specifications and standards as established.
, .. '.
II. If th..o O\,'ner or lus helrs, personal representatlves, successors or
assigns shall fail to have sidewalks installed for tllC described real'propert~
in accordance with City sDccifications and standards within ninetv (90) days
from the notification by ihe City) then the City may have the sid~walks .
installed and ~5sess and impose a lien agains~ the described real p~operty fo~
the cost of the work.
5. This agreement is to be re~arded as a covenant running with t118 land~
regardless of whether it is specifi~aliy mentioned in any deed; or ccnvevance.
subsequently executed, and this ar,reer~ent shall.he binding on all parties, th'
heirs) personal representati0es) successors or assigns.
6. All notices pursuant to this a~reement sh~ll he furnished to the
respective parties at tllC following addresses, until receipt of written
instructions notifying the other party of a. diffel'(~nt address:
City: Owner:
)1r. 1101"1"ett R. Stierheim -Jack Wilcox
Ci ty l1anar.,cr 1101 Kapp Drive
P.O. Box 117'18 Clearwater, Florida
Clearwater') Florida 33518
This instrument was prepared by:
HERBERT M. BROWN, City Attorney
-City of Clearwater, P. O. Box 474S
-Clearwater, Fl.qf.ida 33518
.. "
i / .
I
,/ i
(3)
r ,_00
I
V ('
o
.' -J'_-'J~' \'1'1'11)'('(' 1'1'I'J'))"~11 11. . 1 '
:0:. _' 'i' _ ' " "h) \'/ J " '. _,U , . -Ie pnr'tJ.es 1crcto nave
executed the 'ear-' l~t~;t above \..Jr'ittcn.
'~ C.R. 3702 PACE 278
C 'll'~O(~ i')'IC-,r.'c o),(>r,\-,)',-\-'-' ~'() \ ,c-
, C. >-.1 '-., ,I _ ..J ..' _ ,,) ~ . ..) L" '.
~_....
C01"\rcctne s s:-
::L~ ~db/
1~d-A~d G' ~-r-'
As -to ~
Witnesses:
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY ~ that on this..J.r~ay of,__, . D. 19-7 :-y,
befOl:'e me personaJJ.y' appeared Verrett l~. Stierhc: ;j s, 1''1. 81"\0\,m';--
R. G. \'Jhi tehead and H. Everett Hougen, rc-spect i vcUy City 11anager, City
Attorney, City Clerk and Mayor-Commissioner_6f the ctty of Clearwater,
a municipal corpol"ation existing under the 'la'dS of the State of flrjr:i:'o'h; 'to
me known to be the individuals and officers described in and who executed the
'foregoing Agreement and sevel"ally acknowledied the execution thereof to be
their free act and deed as such officers thereunto duly authorized; and that
the official seal of said municipal corpor~~ion 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 \-Jl:~.it'te11. "'r, -
----------
~~~
.' Nota". .... Pu1)llc "
, - ;~, I I
,
---:_-
l1y N6e;.p~f?, ~~gref llfoo~:k..'\a~:
, My (cm,r.:s,i,m h[..;'r~s Od. 22, 19/4
Sonded by A;mer~tan. Fire _~ .C.a~_u~i~y ~_'?s
"J',' ',,::.'
.-
'.
.,
STATE or FLORIDA )
COUNTY OF PINELLAS)
-.. ;':
Before m~-personally
to me Hell knO\-1n an~ kno\.Jn to me' 0 be the 'individuals descri1:W~\':,~,Iil."I~nd Hho
executed the fore::;olnf> agreen:ent and aC,knm'7ledr-ed before me :t:11a,;t.,~1~v.",
executed the same for the purposes the~ein expressed.
1
WITNESS my hand and official seal th~s~day of
_My Commission Expires:
,~
,:.,r~rVPul~ '_ st.
( r' ~ I I.
I'.' f rPH1'j :' ,
;, .:...UI.~ I , '