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SIDEWALK WAIVER GRANTED (363) -~, ~-,::',;,~'~:,:,:; >::~'",:;"" ,'",~. ,......,.: ~{ r~ {- ~ PIN ELL,~') c,. : ,) f!!;\ t 4......-.;... t'5"~i...l~J.."t CLERK CIRCUI~ ':JU~' ,~" ~;,~,:;";.'":,, :".,.: ;.,...,':':',..'",'-.."".,"<-,,--....~,-,:",.--~ ,-; ...._-~. ...,-~. () b( 73054945 tP/ ?7 ')' /\: G \. ~ X/\'V, o. R.402~rAGE 469 l~~\ e;.;;o~.:~'O~~t" C2;O;:!J- ~ hereinafter reterr2C I hI 25 2 Sl fH '73 ~,~'~ p. ~~, ':: ~.:~ THIS ~:'~G.~::E:'lE~TT 4 ~y and 6ec~22n the to as lie i ty"; .lnci to as "ex.ner"; :n.'lCleJ.na 2nt2red Lnt~ ~hi3 WITNESSETH: WHEREAS, the Ohmer owns the following described real property situated in the City of Clean.,ater, Pinellas County, Florida: Lots 17 & 18, Block A. SWlset P01nt Estates. property 1s located on the WE corner ot the entersectlon ot Old Ooachman Road and Sunset Point Road 5GQ.. U ,::;9-1tJ> and 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, commercial, industrial or other purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and WHEREAS, the ~.,ner 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 ~~EREAS, the ~.,ner has agreed that if in the future the City, in its sole discretion, determines that it is advisable and necessary to have such sideB"alks installed, that the ~vner will, upon notification by the City, have side,.,alks 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, ~EREFORE, in conside'~ation 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 ~.mer 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 es tab li shed. 4. If the OIvner or his heirs, p8rc.,)!Hl1.. representatives, successors or assigns shall fail to have sidewalks installed for the described rcnl property in accordance with City specifications and standards within ninety (90) days from the notification by the City, then the City may have the side,.,alks installed and assess and impose a 11.en 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 speci.fically 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 addresses7.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 ,Owner: %~ e~~ :J-:J 0 C> ~A;~ f~ 5/ ~~/~. ~3~-/~ \~ '1'1' . t I lll:; lrd"fUJl1C'. "..;:," nrc:)tlrerl by' ITI,'nI'E'R'" "". ,. , ..~. ,~,.:, ~ . ~,"I.-, L ;'/1. t., .<, l;c'''' AHornev C't 'f -", .',... ' .- 1 Y 0 CiC~Li\V:~t ;', ,', O. Box 47,18 Clearwater, Florida 33518 !~:"'.03r -DO (~)) RETURN TO: CITY CLERK P. o. BOX 4748 CLEARW ATEH,FLA. 33518 I I u. ~. 4021 PAGE 470 CITY ;~:{t::.C.:'lt2d t~:2 IN ~JI::r;~::; S;. -,~ ~J..~?\. E ;.~,? ~ he ?c.:.r ': i e s day and y~ir L2SC aoove N~it~~n. hereto have ~aUS2a thes~ .. By l~,,~n, ;I .~ " . t .. ~ <::, '", (l"~ . Hanag.{;;:t/ ';..." ,~ ~ . u , \ '. ('. City / <I,. City Clerk Witnesses: .'L-~~ ~ -Ja (L:'A L/.l\O f\ X~ 0 As t City 1J;. ()- ~ ~~c~ yt~/fL~ C4:~.. Owner STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this ,2 tr ,d., day of' . H/J-,A :-1 , A. D. 1973 before me personally appeared Merrett R. Stierheim, Herbert }~b;;:: R. G. ~1hitehead and H. Everett Hougen, respectively City Hanager, City Attorney, City Clerk and Hayor-Commissioner or the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, to me kno\vu to be individuals and officers desn'ibed in and \\1ho executed the fore- going Agreement 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 paid 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 Commission Expires: f Florida at large Notary Public, State. 0 c I 19. 1973 C Ion h...lftS ..liP Mv omllllSS . fir. & CaSuallY Co. Bonc:.ed By Amenc.an " " STATE OF FLORIDA ) ~OUNIY OF PINELLAS ) Befdre me personally appeared ~,Ih ane! liliane/a Calla wav to me well 'knmm and knO\\1n' to me to be the individuals described in and vlho exeet6ted the foregoing agfeemen~~nd acknowledged before me that they executed the same for the purposes therein.expressed. ..~fTNE s~~n~;~~nd /.,. 0 <. ) ,,' ~'J .: :" . '.. -( _' ,r:-;'t '\:;..; , .!::;,., - :-- -.. .'. . ~ and official seal this _\ ( 0 -" ~ , day of A ?C-\ L- A. D. 1973- ~..;,-~ ~ J~, ~.,~ /.-:-;~ '-./ ::~, \ \~'"~ ~. ,f'l, ~ -:,..",.. ?~\~'::'. ...:...... My.CollUllission Expires: NotalY Public, SMe of norldl It Larg~ My Commission Expires OCT. 11, 197~