SIDEWALK WAIVER GRANTED (77)
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72135948
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G.R. 3910 PAGE 74
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THIS AGREEHENT, made and entered into this 24: day of October , 19 72
and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
as "City"; and Joseph W. Greenwald. a single person. hereinafter referred
as "Owner";
AGREEHENT
by
to
to
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
and
1352 Beylan Ave., Clearwater, Fla.
Lot 15 Boylan Subdivision
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of way, Ivhich is to have nelV construction on it, either for residential, conunercial,
industrial or other purposes, shall have sidewalks constructed by the Owner on, across or
adjacent thereto; and
wl1EREAS,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 side\\Talks 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
considerati.on bet\veen the parties, receipt of which is hereby acknowledged, the parties hereto
covenant and agree as follows:
1. The City \\Till not at this time require the ins tallation and construction of sidewalks
as part of the erection of the building and improvements by the OIvner on the above described
real property.
2. The City may at any time in the future notify the OIvner, his heirs, personal
representatives, succeSS0rs or assigns that the City in its sole discretion has determined
that it is advisable and aecessary 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. TI1is 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 follo\ving addresses~ until receipt of written instructions notifying the other party
of a different address:
City:
Mr. Herrett R. Stierheim
City Hanager
P.O. Box 4748
Clearwater, Florida 33518
Owner:
~EC\)r\tF ,,"
'UIEll'S ce. L' I' "
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~E.l CIRCUlI tOUR;
Joseph W. Greenwald
1344 Boylan Ave .',
Clearwater, Fla.
let I
2 30 fH 'lZ
. t v'a" prepared by:'
This l11strume~')~;T~'1 C>t Attorney
Ht"'>I:>'DRT 1\'1. r"o H ~, y 4748
J!Jh JE,_ . .D 0 Box
City of Clearwater, le.. . 518
Qlearwater, Flonda 33 ,
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARW ATER, FLA. 33518
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I C.R. 3910 PAGE 75
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
CIT~DA
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By .. .
City Manager'
Attest:
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6.,
Witnesses:
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STATE OF FLORIDA
COUNTY OF PINELLAS
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*Guy L. Kennedy, Jr~
I HEREBY CERTIFY, that on this 3 t> day of ~ , A. D. 197 ~
before me personally appeared Merrett R. Stierheim,*ti~r1rert:-M:--th:",wlT, R. G. Whitehead and
H. Everett Hougen, respectively City Managerf~~!Y 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 acknowledged the execution tLereofto be their free act and
deed as such officers thereunto duly authorized; and that the official se,al 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.
My Conunission Expires:
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No\ary ?ublic, ;>\a\e. 0 S t 19 \973
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared
to me well known and known'to me to be the in
foregoing agreement and acknowledged before me
therein expressed.
ls described in and who executed the
they executed the same for the purposes
WITNESS my hand and official seal this
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day of
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A.D. 197'2.-
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My corro"i~7;&~X:ires:
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