SIDEWALK WAIVER GRANTED (153)
~(
I
72137275
6V I'
u.r 3912 PAGE 129 ~ \ro /1 '"f
- ~\\ '\.
~- /5 en
\0 \)
\
AGREEMENT
THIS AGREEMENT, made and entered into this
by and between the CITY OF CLEARWATER, FLORIDA,
to as "City"; and .TA~~Y L~ & LeA.n Hart
to as "Owner";
2~lth. day of October , 19..:zL,
a municipal corporation, hereinafter referred
hereinafter referred
WITNESSETH:
WHEREAS, the Owner owns the following described rea] property situated in the City ~f
Clearwater, Pinellas County, Florida:
;J...;). / wA V c/{~;:: WA Y; CLCA'( c./A 7T-( ..c- ~
I Lots ~ & 10, Bloclt W., HiMsc'us Gardens / ·
and
UTd:::REAS, ,O.:-dinance No. -1219 of th~ 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 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 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 Owner on the above described
real property.
2. The City may at anyti,me in the fl,lt:ure nQti,fy the Otmer, his heirs, perscnal
representatives, successors or assigns that the City in its sole discretion has determined
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
speeifications 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, peEsonal repre_sentatives,
successors or assigns.
6. All notices pursuant to this agreer1"lI:>n.f-: sh?11 he f"..-nished to the respe:::ti.7~ p::.::-tics
at the following addresses>> until receipt of written instructions notifying the other party
of a different address:
City:
Mr. Me~rett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
REC'-'f,Ue:
'INEl\.S ':C FL":<:(Ii\
",,-,:J. av-I..~" }i>-..c.
.,. 1~ _'U i
OUAK ,IR(UIT COURT
,,..
Owner: Jerry L. & Leah Hart
2413 Marquette Road
Peru, Illinois
61354
III l 12 11 rH tlZ
Th',S,T'L
IIE~I(Ir~~~I(T J\:~:. ~r
City d Clc:v \,
Qlearwater,
--'r,er'lDTed by:
, A',':,0'nley
, ~,. () . Box 4748
:F'lorida 33518
~1o ,
RETURN TO:
CITY CLERK
P. O. BOX 4748
C~EARWATER, FLA. 33518 ((7.1
. ()'l,-O/l(OO, @
, "
-
. "
I
I
~{J.R. 3912 PAGE 130
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
CITY~. IDA,
By "
-, City tlanager
--
;;!:.A~~~//// -75~-L/ --
A:t~ G~
Witnesses:
,(;'
..J:'
,i
1\
\ "
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
*Guy L. Kennedy, Jr.
I HEREBY CERTIFY, that on this 1st day of November , A. D. 1972
before me personally appeared Merrett R. Stierheim,~~~&~-~r9Wn, R. G. Whitehead and
H. Everett Hougen, respectively City Manager f\~lft)r 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 Agraement and severally acknowledged the execution thereof 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 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.
1<~'C_~L
Ni a~ PubI1t.~~~
-- ':' '-,,'....- ''''' ~
- \~. ~ ~ ~ '-I '
My Commission Expires:
NotaTv Public, State 01 Flo!ida at la~ge
. (: .. I! 'U' ("pl 19 h73
My OIllIIll):t""iI, .qn . J. _
_ >>9:nds_cl. ,&'1. bmeric.an Fife & Casually Co.
./ ~
STATE OF FLORIDA . . )
COUNTY OF PINELLAS )
Before me personally appeared Jerry L. & Leah Hart
to me well knc"~ and known'to me to be the individuals described in and who 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
2c; t th.
day of October o.<:~_A,~'~':.197 2...
u ct1R(A.. Jl
Nt 11 .,:::,-J:" '
o ary,_.uu;,h." ./,
My Commission Expires:
~ d~\ ,Q1 ~