SIDEWALK WAIVER GRANTED (78)
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P/NELlAS CO. FlORIDA
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.;..ClERK t . CUlT COURT
DEe , ~ 4 13 PH '71
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AGRI:EMENT
THIS AGEEI:r-fENT, made and entered into thi s 3rd day of December ,1971
by and betvleen the CI7Y OF CLr:AR\vATER, FLORIDA, a rlllnTCipal corporation, -
hereinafter referred to as "City"; and KENO COMPANY INC.
hereinafter referred to as "Owner";
\.JITNESSETH:
WHEREAS, the Owner owns the followin~ described real property situated l
the City of Clearwater, Pinellas County, Florida:
Lot 76, Replat of Ardmore Place, according to Plat Book 26,
Page 56, Pinellas County, Florida - /3 g3 .~~
and
WHEREAS, Ordin~nce No. 1219 of the City reauires that all land that abut
a public riCht 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, tIle Owner is erecting certain new construction on said propertv
and has requested the City at this time not to reauire the immediate instal12'
tion and construction of sidewalks in connection tllerewith; 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 llCive such
sidewa~ks installed, that the Owner will, upon notification by the City, have
sidewalks immediately installed at his expense, ~nd if he should fail to do s
then the City may have said installation made an:! impose a lien against the
described real property for the cost thereof;
NOH, THE1<EFORE, in consideration of the foregoing premises and other goo
and valuable consideration between the partie~, receipt of Hhich is hereby
ac k no,'ll edge d , the parties _ he_r.e.~,,.,coJ.t.enan.t__arlc;l a i:J:.P 0 ea-s---fu-l-l--0t-ffi :-
1. The City Hill not at this time rc,wire the installation and
construction of sidei-lalks as part of the e~":'ction of the bui~ding and
improvements by the Ovmer on the above descl il'i'~d real property.
2. The City may at any time in the future notify the Owner~ his heirs,
personal representatives, successors or assirns that the City in its sole
discretion has determined that it is advisable ~nd neccessarv to have sidewall
installed in connection with said described reaL property.
3. The Owner or his heirs, I)ersonal represenatives, successors or aSS1~
shall at his expense within ninety (90) davs fr01~ the notification bv the Cit~
have sidewalks installed for said described real rroperty in accordance with
City specifications and standards as established.
4. If the Owner or his heirs, personal refrcsentatives, successors or
assigns shall fail to have sidewalks installed fer the described real proDert~
in accordance with City specifications and stand~rds within ninety (90) days
from the notification by the City, then the City ~ay have the sidewalks
installed and assess and impose a lien against the described real property fOl
the c.ost of the work.
5. This agreement is to be reparded as a covenant runnlng with the land
regardless of whether it is specifically mentionel! in any deeds or convevance~
subsequently executed, and this agreement shall he binding on all parties, tht
heirs, personal representatives, successors or assi~ns.
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: O\Vner:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
KENO COMPANY, INC.
311 S. Missouri Avenue
Clearwater, Florida 33516
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IN WITNESS WHEREOF, the parties
execut~~ day and year last above
Coun;:~~?ned: II /
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Approved as to:f'orm & correctness:
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hereto have
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Vlitnesses:
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STATE or FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this /ifdaav of jO~ , A.D. 197/
before me personally appeared Herrett F. Stierh~'lm, Herbert M. BrovJl1,
R. G. v.lhi tehead and H. Everett Hougen, respect i velv Citv l1anager, Ci tv
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
foregoinr, Agreement a,nd severally acknoHled~cc1 the execution thereof to he
their free act and deed ~s such officers thereunto du]v authorized; and that
the official seal '''of said muni~ipal corporat ion is clul v affixed thereto, and
the said agreement' rsth-e" act 'and d'eecfo'f s~Td-corporcd:ion.
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WITNESS my signature and official
Pinellas and State of Florida, the day
seal at Clear\vateri;in:,:tne,.County of
and year last ahoyeH~it~~;n..
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My Commission Expires:
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
B;tiHore me personally appeared
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to"\ITli~~.wel;t:kn.ownand knowntp,.Il\IF., tQ,bethe individuals"described
$'~ctite~hith~ fpregoing agreement and ack~owledred hefore me that
.. ~ en ;,e~~~~ted ~J:1e.. s~me for the purposes thereln expre s sed.
2 ~ ~ :. ~;';:~ \<<itT~E~S}~U." hand and official seal this 3rd day of Dec.
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HARRY D. HOCKENSMITH
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A.D. 197-L'
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