SIDEWALK WAIVER GRANTED (333)
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RECORDED
PIKELUS 00. FLORIDA
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;.. CLER~ tlll.CUlt COURT
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V~366p1~GE 867
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AGREEt1ENT
THIS AGREE1'1ENT, made and entered into this 18th day of Noveaber ,1971
by and between the CITY OF CLEARHATER, FLORIDA, a municipal corporation, -
heX'einafter referred to as "City"; andKenneth C. Medearis & Elizabeth S. Medearis
hereinafter referred to as "Owner"; (me wde)
\VITNESSETH:
\oJHEREAS, the Ot.mer o~<]ns the follmvin~!. described 'real property situated iT
the City of Clea~water,Pinellas County, Florida:
Lot 142 . ~lOl:o Grewe.
3253 Sa Jo... Cle."ater. FlorieSa
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
residential, commercial, industrial or other purposes, shall have sidewalks
constructed by ~he owner on, across or adjacent thereto; and
WHEREAS, tIle Owner is erecting certain new construction on said property
and has requested the City at this time not to require the immediate installa
tion and construction of sidewalks in connection therewith; and
WHEREAS, the Owner has agreed that if in the future the City, in its sol
discretion, determines that it is advisable and neccessary to have such
sidewalks installed, that the Owner will, upon notification by the City, have
sidewalks immediately installed at his expense, and Jf he should fail to do s
then the City may have said installation mad~ and impose a lien against the
described real property for the cost thereof;
NOW, THEREFORE, in consideration of the foregoing premises and other goo.
and valuable con~ideration between the parties, recei~t of which is hereby
acknowledged, the parties hereto covenant and agree as follows:
1. The City Hill 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 neccessary to have sidewal}
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives., successors or.assig,
shall at his expense within ninety (90) days from the notification by the Cit:
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 propert:
in accordance with City specifications and standards within ninety (90) days
from the notification by the City, then the City may have the sidewalJes
installed and assess and impose a lien against the described real property fOl
the cost of the work.
5. This agreement is to be re~arded as a covenant running with the land
regardless of whether it is specifically mentioned in any deeds or convey~nce.
subsequently executed, and this agreement shall be binding on all parties, tr.t
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: Owner:
Mr. Merrett R. Stierheim
City Manager
P.O. Box LI748
Clearwater, Florida 33518
Mr. and Mrs. Kenneth C. Medearis
3253 San Jose
Clearwater, Florida
or - tr?tt-COll ~)(P;
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""'-.. -1N. vlITNESS HHEREOJ, the pi1rties
executed the day and year last above
herC'to have
Hritten.
'nOR,. 3669PAt1868
these to be
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EP., FLORID.
Witnesses:
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on thisj~ay of1J..~, A.D. 197/
before me personally appeared Merrett R. Stierhelm, Herbert M. Brown,
R.G. Whitehead and H. Everett Hougen, respecti~ely City Manager, City
Attorney, City Clerk and Mayor-Commissioner .of the tity of Clearwater,
a municipal corporation existing under the laws of the State of Florida, to
me known to be the individuals and officers described in and who ~xecuted the
foregoing Agreement and severally acknowledged the execution there0fto be
their free act and deed as such officers thereunto duly authorized; and that
the official seal of said lDunicipal corporation is duly affixed thereto, and
the said agreement is the act and deed of said corporation.
--
seal at Clearwater in the County of
and year last above viri:titen.
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WITNESS my signature and official
Pinellas and State of Florida, the day
My Commission Expires:
Notllry p,;j!:t. S~Dte of Flor:da "t largl
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before m~ personally appeared )!;;A/!;(/;;:-m C Y- C~/~Il.1.[771 5 )};;()/i'.////-s
to me well known and known to me to be the. individuals described in and who
executed the foregoing agreement and acknowledred hefore me that they
executed the same for the purposes therein expressed.
\^lITNESS my hand arid official seal this~day of Mr/, A.D. 197.1.-.
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My Commission
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This instrument was prepared by:
HERBERT M. BROWN, City Attorney
City of Clealwatcr, P. Q. Box 4748
~e~.iYa.ter, F!orida. ~861a