SIDEWALK WAIVER GRANTED (76)
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AGR i~El'1ENT
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THIS AGREEHENT, made and entered into this 2-4 day of Oct.gJ;~R._____., 19_72_.
,);0)' and between the CITY OF CLEALZWATER, FLORIDA, a municipal corp or ation, hereinafter referred
to., as "City"; and Joseph W. Greenwald, a sinelp pp'r'Hm, hereinafter referred
to as 1I00vner";
l>JITNESSETH:
mmREAS, the O;.;;ner Owns the following described real property situated in the City of
Cleanvater, Pinellas County, Florida:
1348 Boylan Ave., Clearwater, fla.
and Lot 14 . Boylan Subdivision
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, comnercial,
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 CTwner has agreed that if in the future the City,. in its sole discretion,
determines that it is advisable and necessary to have such side1.i1alks 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 any time in the future notify the Owner, his heirs, personal
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
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
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Owner:
Joseph W. Greenwald
1344 Boylan Ave..,
Clearwater, Fla.
This instrument wa:': prepared by:
HERB"i'. 'T' IJ n':~~: \,'L :'!~'; Attorney
City~'f" (~l;:',,',T\;\:~tcr\ p, C. Box 4748
Clearwater, Florida 33518
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARWATER, FLA~ 33518
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I G.R.3910 PAtE 71
.,,-~,."""-/IN l-vITNESS WHEREOF, the parties hE-reto have caused these presents to be executed the
da'" and year last above written.
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By
FLORIDA
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Atte~~~
. . City Clerk'.
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Witnesses:
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*Guy L. Kennedy, Jr.
I HEREBY CERTIFY, that on this .3 0 ~ day of ~ , A. D. 197 ~ ,
before me personally appeared Merrett R. Stierheim,*Herbe~~-~r~~~, R. G. Whitehead and
H. Everett Hougen, respectively City Manager~~ty Attorney, City Clerk and Mayor-Conunissioner
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 Agreement and severally ackno1;v1edged the execution thereof to be their freeac t and
deed as such officers thereunto duly authorized; and that the official seal of. said Il1unictpa1
eorporat~on is duly affixed thereto, and the said agree..lent is the act and deed o~.:~~~~Wl"'t':..:.,..
corporat~on. . ,\:~_ ')0.~..."....--; 1>',. '.~
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WITNESS my signature and official seal at Clearwater in the County o'f *~~ili, larl~;, \'d.\
State of Florida, the day and year last above written. ~.~~ l.,/,~ . :~;
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My Commission Expires:
STATE OF FLORIDA )
COUNTY OF PINELLAS ) _
Before me personally appeared
to me well known and known 'to me to ~e the individua des ribed in and who executed the
foregoing agreement and acknowledge4 before me that they executed the same for the purposes
therein expressed. '
WITNESS my hand and official seal this
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day of
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A. D. 197 L. .
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My Commission Expires:
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