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SIDEWALK WAIVER GRANTED (83) I ; '- "~>:\Y';'':'~'~''i'' -::'_~'~"_'" '-.',;; ,_;~,~"\" .~,' . ~ ",;" ~..c~.._:.,..,J_ ",-:. ",i,;j 0- jt#.z~-- ~. FLORIIM ..p.......~. . /"ic,..lh4,. ... CI un courrr .,.. D.R. 3621 PAGE 71a ~ I fd .[; ~ ~ q" .,11.02061 I SIr 'I 3 51 PM '1' AGREEMENT THIS AGREEMENT, made by and between the CITY OF hereinafter referred to as hereinafter referred to as M and entered into this ~ - day of AUqUst ,19 7J. CLEARWATER, FLORIDA, ~ T'lunicipal corporation, "Ci.ty"; and KENO. INC. "Owner"; WITNESSETH: WHEREAS, the Owner owns the following described real property situated In the City of Clearwater, pinellas County, Florida: 13 gff lo...ke v I ~-:.v Avo. -- -- -- The East 40 feet of Lot 118, and a part of Lot 119 described as follows: ,,~' start at the SW corner of Lot 119 for a Point of Beginning; and run N ~ OO~02'37"W,102'.50 feet along the West line of said Lot 119" run thence S .." 89 09'01" E, 50.00 feet along the North line of said Lot 119~ run thence S 00002'37" E, 59.14 feet along the East line of said Lot 11~. run thence S 39024'18" W, 11.68 feet; run thence along a curve to the left radius 90.00 feet, arc 38.46 feet, chord 38.17 feet, chord bearing S 27009144" W to a point on the South line of Lot 119; run thence N 89009'01" W 24 12 ' feet to the Point of Beginning; all lying and being in REPLAT OF ~RDM~RE PLACE, according to the map or plat thereof as recorded in Plat Book 25 Page 56, of the Public Records of Pine11as County, Florida. ' discretion, determ1.nes t at 1. 1.S ti~c1.L Y '-I.> Uu.v..... ~'U'_H 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 s( then the City may have said installation made and impose a lien against the described real property for the cost thereof; NOW, THEREFORE, in consideration of the foregoing premises and other gool and valuable condideration 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 neccessarv 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 sidewalks -installed and assess and impose alien against the described real property fc the cost of the work. 5. This agreement 1.S to be regarded as a covenant running with the lan~ regardless of whether it is specifically mentioned in any deeds or conveyancE subsequently executed, and this agreement shall be binding on all parties, tt 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: KENO, INC. Mr. Merrett R. Stierheim c/o N. S. Gould City Manager 311S'. Missour5. Avenue P.O. Box 471~8 . c1t.earwater, Florida 33516 Clearwater, Flor1.da 33518 <' . (57 d!f.:~ '''>:~' -. ~,op::_~'\.;:--:.--_ .1~ 'i, ,..~:' ,.:~\<";;,;;. .;.:; ::.' Ie, '>~:'''',) "'\"" .',"',Y,. ,"J,_" ';." " ',"-';.;1,-, ...., .~' .'~. .-r ''''',,-.. -' ,- ~.~ '-';.:.: ':~k . "', --"'.",...- , :~"v", ~~ I O.R. 3621 PACE 721 I . these p~es~nts to be 'i il/ " CBlT: ? /Cft.~AJlWIT~,__FLO~IDA Y . .~VJl Clt;r Manager IN WITNESS WHEREOF, the parties hereto have caused executed the day and year last above written. & correctness: Witnesses: { '? . , ! ',,' J( /' ) r/ /~(t[iu,f- C,,, ,,~ ~... -~ -z~~ io~\..D~ As to O~vner l>> ..CII00 >.:::~ ,,~ 5 ~ ~ " "O~ 00 Q)<>-:~ ;.., c ~ ~ >>P=i CQ o.~ . ~ ~uc :e 0. . ."0 rflZ~';:: ~~ 0 ~o ~~ 1:: P;:!;:~ ~ CliP:;(~. s.,.; ~ ~ "". ,j)..lr. ~ -:lc' ~E-<U~ i:: ~.~ (jI .....;J..1 'So .$ r:Q >> ..&:::~..., ~ (il ..... ~Q STATE OF FLORIDA ) COUNTY OF PINELLAS) I HEREBY CERTIFY, that on this /3~y of ~./-.,--;/;;;;;;,~, A. D. 197 I , before me personally appeared Merrett R. Stierhe~H~;b~;t M. BrovJ11-;-- R.G. Whitehead and H. Everett Hougen, respectively City Manager, City 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 the individuals and officers described in and who executed the foregoing Agreement and severally acknowledged the execution theremf 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. ' z~-<~ ggd:L Notary Public Mll Commission.. Exui.res: llotary Yu~1i(. :>ta~2 cf tbmla 'efLarge f,! (- ~~',: - r~,.~; ~ r~o. ~/.'2 1974 I!;Y O,,;.,,!>~L..i1 ....,J,r,,~ IV'." . . 'Il~@~ ~. ,f\m@I;". file & Ca,ualty Co. I J 1 STATE OF FLORIDA ) COUNTY OF PINELLAS ) me pe~s:~~; ;~:~~~d :~yo~. t~~J~~;Ya~~ ~fr:t.:, 1~~lt .beforr/;. Respectively President and secretary-Treasurer of KENO, INC., a Florida corporation, existing under the laws of the state.of Florida, to me known to be the individuals and officers described in and who executed the foregoing Agreement and severally acknowle~ged thereunto the execution hereof to be of their free act and deed ae'. such officers; and that the official sea 1 of sa id corporatiQrt"'i~";dpl~ affixed thereto, and said agreement is the act and deed Of;"saia.... -i,:\', corporation. . . b'O I Ii ". WITNE~S my signature and official seal at clearwateti +ni.~~b.,e'i~: '~ l County of Pl.nellas and state of Florida, the day and year ~as.'t aBove', J_: !,., ".. I ':).{ wri tten. ,< ../ 0,',' .... , '-; ~ "-0Q. ~.'0jj NOTARY PUBLIC My Commission Expires: NOTARY PUBLIC STATE Of FLORIDA AT LARG~ MY COMMISSION EXPIRES JAN. 27. 1971. GENERAL INSURANCE UNDERW-'ITER" J~ ...11III